Opinion

Love and hate and the black cripple

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OPINION Editors note: I don’t usually run poetry here, but we cosponsored the Valentine’s Day "Battle of (All) the Sexes" poetry fundraiser for POOR Magazine, one of my favorite institutions — and tiny, who runs POOR, convinced me to publish the winning poems. You can get more info at www.poormagazine.org. (Tim Redmond)

First place:

LOVE AND HATE


By Queennandi


I’m about to commentate

Hate is comin’ to tha ring, weighing in at an unknown amount of pounds

Ready to bring on destruction and pain

Puttin’ the little kids out of their homes

Creating victims out of the elderly, addicted to bein’ insane

Oooh, and hate starts frivolous wars

Our childrens’ blood is shedded

While hate’s kids become pampered and spoiled

The hate record looks undefeated, but lovez comin’ to tha ring

Look, now hate done ran and retreated

Love got hate on tha ropes- Bam! Bow! Bam! Bing!

Love IS comin’ wit body blows, and hate can’t block a thing

Now love comes wit an uppercut- Bam!

Put the families back in their homes

Boom! Enough criticizing and criminalizing the poor

Bow! Return tha souljahs and end the war

Now! It’s justice for all- Bam! Boom! Pow!

Cuz hate just got knocked out!

Second place

I’M THE BLACK CRIPPLE


By Leroy F. Moore


I’m the BLACK CRIPPLE

Look at me, look at me

Hear this, hear this

I’ve learned from Heyward’s Porgy

Play on your pity

Just to get that money

I’m the BLACK CRIPPLE

You’ll do me like you did bang, bang Margarett L. Mitchell

I’m an open swore in the BLACK community

Cup in hand

Leaning against the wall

Passersby don’t want to understand

I’m the BLACK CRIPPLE

Gave my body to the US Army

Got shot by the LAPD

But you can’t get red of me

Mainstream think I’m too angry

My own people don’t even notice me

I’m the BLACK CRIPPLE

My spoken word, you can’t handle

You think I’m too radical

Black sisters don’t know what they are missing

My BLACK CRIPPLE body is always erect

Mind masturbation but she can’t deal with the situation

Educated and motivated

Now people are intimidated

I’m the incarcerated BLACK CRIPPLE

Lock down

Lock out

Walking on death row

The State has lost my file

SSI, SSDI and GA

In my pocket is Uncle Sam’s dirty hands

I’m the BLACK CRIPPLE

Rocking your cradle

Yeah, I know what I want but you’re too goddam fickle

Hell yeah, I’m the BLACK CRIPPLE

No, no, no

I’m the PROUD BLACK CRIPPLE

No, no, no

I’m the LOUD PROUD BLACK CRIPPLE

No, no, no

I’m the ANGRY LOUD PROUD BLACK CRIPPLE

No, no, no

I’m the SEXY ANGRY LOUD PROUD BLACK CRIPPLE

Yeah! Yeah! Hell Yeah!

Queennandi is the author of Life, Struggle and Reflection (POOR Press, 2006). Leroy Moore (www.leroymoore.com) is the producer of Krip-Hop Mixtape Vols. 1 and 2 — collections of hip-hop artists with disabilities — and a member of the Po Poets Project of POOR Magazine.

Freedom of Information: Virtual meeting

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› news@sfbg.com

Forget smoke-filled rooms and paper shredders — today’s government officials can elude public scrutiny from the comfort of their own e-mail accounts, conducting virtual meetings to do the public’s business.

To curb such activity, provisions in both the Brown Act (the state law governing open meetings) and the San Francisco Sunshine Ordinance have been interpreted as prohibiting the use of electronic communication between members of policy bodies. But not everyone has been heeding the rules, particularly in this hyperconnected age.

The TechConnect Task Force, a now disbanded advisory body charged by Mayor Gavin Newsom with creating a plan to bridge the city’s digital divide with free wireless Internet service, frequently used an e-mail listserv to conduct its business.

"Since these things were publicly posted right away, I should think there would be a transparency that advocates would like," said Emy Tseng, a member of the task force. "It was useful in the way e-mails and listservs are useful to anyone."

However, many contend the task force was engaging in activities prohibited under the city’s Sunshine Ordinance, even if the intent was to provide greater public access to the group’s work. Tseng, who claims to have never been informed by the City Attorney’s Office that the group might have been in violation of Sunshine laws, expressed the frustrations of many throughout the city who must comply with open-meeting policies.

"If you don’t use e-mail in this day and age, what can you do?" she asked. The answer, according to state and local laws, is to conduct public business in a public meeting, with the agenda posted in advance and where anyone can attend.

State and city public-disclosure laws apply to all "policy bodies," which can include nearly every government-sanctioned board, commission, or task force. Some members of these bodies have been suspected of vioutf8g open-meeting and public-disclosure laws through the use of online communication.

Seriatim meetings are presumably the most common illegal activity occurring under both open-information laws, although they are the hardest to detect. A seriatim meeting occurs when one member of a policy body privately contacts another, who then contacts another, in a chain of communication that eventually constitutes a quorum of the group.

An e-mail that is forwarded along to enough individuals, or a round of mass e-mails, would constitute a seriatim meeting, according to attorneys who spoke with the Guardian. While e-mail forwarding is a common practice for any office worker, some are just an unassuming click away from breaking the law.

"I would absolutely make it clear that anybody subject to the Brown Act or Sunshine [should] not communicate through e-mail," said Thomas Burke, a San Francisco-based attorney who specializes in media and Internet law and has represented the Guardian. "This could go on for years because people are not in the loop."

The Brown Act, passed in 1953 by the California Legislature, expressly bans a legislative body from using "technological devices" in order to communicate about topics relevant to the work of that body.

"The Brown Act itself forbids the majority of ‘technological devices’ — which is essentially anything you could imagine," said Terry Francke, director of Californians Aware, who also drafted amendments to the act in the early ’90s. Under the Brown Act, a committee member can be slapped with a misdemeanor for the intent to withhold information from the public or conduct prohibited meetings.

Many of the same issues are also addressed in the San Francisco Sunshine Ordinance, filling in more restrictions and open information requirements. Ironically, the TechConnect Task Force was charged with creating universal access to online discussions like theirs, although few legal experts think even that would nullify the requirement for open, public meetings in a physical – rather than virtual – setting.

According to a report released by the San Francisco TechConnect Task Force, 32 percent of Americans do not have access to the Internet. In San Francisco, certain populations are even worse off compared to national averages — for instance, women and the elderly.

"You have to consider if people are going to have equal access to meetings," Burke told the Guardian. "There is still a digital divide. As a public entity they have to be sensitive to this."

Recently, members of the city’s Peak Oil Task Force inquired with the City Attorney’s office about using Yahoo! Groups or a blog to increase efficiency on the all volunteer committee. Attorneys advised the group to stay away from Internet communication, as it can easily lead to prohibited seriatim meetings. Jeanne Rosenmeier, who is the chairperson of the task force, now spends more committee time trying to determine alternative ways to engage the public.

"It is certainly something that should be rewritten, to deal with modern technology so it corresponds with today’s reality," Rosenmeier told the Guardian. "If we have a public e-mail listserv that anyone can sign on to, that seems transparent; or if we have a blog, that’s pretty transparent."

In other cities that do not have sunshine ordinances, teleconferencing may be used legally under the Brown Act to conduct meetings. In Los Angeles, for instance, some boards and commissions teleconference when members would need to drive a few hours just to meet. There is some speculation that the language of the Brown Act could be augmented under this provision to allow for online communication, but there are no major groups pursuing the amendment.

In 2001, former California Attorney General Bill Lockyer wrote an opinion declaring the use of e-mail between policy-body members as an infraction of the Brown Act, even if the e-mails were made publicly available. "Members of the public who do not have Internet access would be unable to monitor the deliberations as they occur," the opinion states. "All debate concerning an agenda item could well be over before members of the public could [participate]."

According to the Sunshine Ordinance Task Force, there have been no complaints filed concerning prohibited online meetings, however there have been public information disclosures of private e-mail messages over the years. Recently, a group of deputy city attorneys were required to turn over an e-mail correspondence when a member of the public filed a complaint.

While Peter Scheer, director of the California First Amendment Coalition, understands the frustration of government officials who must abide by the cumbersome laws, he thinks the tradeoff is well worth it.

"The whole rest of society uses the power of e-mail and the only business that can’t use it is government, because they’re subject to the Brown Act," Scheer told the Guardian. "But we made the tradeoff already in efficiency versus accountability, to force all meetings and information to be open to the press and public."

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Freedom of Information: 2007 James Madison Award winners

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Click here for details on the First Amendment Awards Dinner.

Norwin S. Yoffie Career Achievement Award

DAN NOYES (COFOUNDER, CENTER FOR INVESTIGATIVE JOURNALISM)


If journalists were the subjects of trading cards like baseball players, the Dan Noyes rookie card would be just as impressive as a 2008 career highlights card. Think Reggie Jackson: a long, impressive career, spanning multiple organizations and a propensity to come out swinging big at the end of a hard-fought battle.

Over a career spanning 30 years, Noyes has pursued serious investigations, some lasting as long as a year, into everything from questionable Liberian timber imports to illicit gun trafficking from United States suppliers to the Nuestra family gang. Journalism first interested Noyes during the crucial investigative reporting that sparked Watergate scandal in the early 1970s.

In 1977 Noyes cofounded the Berkeley-based Center for Investigative Reporting (CIR), an independent news organization which produces in-depth stories and documentaries for all major news outlets. In 1979, reporting for the ABC News program 20/20, CIR broke a story on a swindling United Nations charity organization and its connections to international drug trafficking.

More recently, Noyes has done a series of print and broadcast pieces concerning gang violence in California and its effect on the lives of those surrounding the lifestyle. Noyes still holds an executive position at the CIR and continues to contribute to the world of investigative journalism.

Beverly Kees Educator Award

CLIFF MAYOTTE


Cliff Mayotte sees his Advanced Acting Class at Lick-Wilmerding High School as one that merges students’ "consciousness and awareness as young adults with their skills and energies as performance artists."

The subtitle of the course is "Theatre as Civic Dialogue," and the eight students enrolled during the 2007 spring semester used all their abilities to pull off a notable show.

After an introduction to Documentary Theatre — a form he described as "oral history turned into performance" — the group selected a topic that was important to them, giving birth to the "Censorship Project."

The students interviewed their peers, teachers, and administrators to gather perspectives on the ways in which expression and opinion can be muted or altered, both voluntarily and involuntarily. They reached out to organizations such as Project Censored, the First Amendment Project, and the Ella Baker Center for Human Rights. They transcribed interviews and studied subjects in order to capture statements, word patterns, and mannerisms of interviewees, then shaped the themes into a 60-minute performance.

Professional Journalists

WILL DEBOARD


"Being a high school sports guy, I don’t get to do this very often," the Modesto Bee‘s Will DeBoard said of his first major foray into investigative reporting. He had gotten a tip that the California Interscholastic Federation was investigating recruiting violations by the football program at Franklin High School in Stockton, which competed with schools in his area. DeBoard asked the school and CIF about recruiting violations, but the football coach flatly denied the allegations and the CIF wasn’t much more helpful.

So DeBoard decided to make formal requests for public records with the help of business reporter Joanne Sbranti, and after fighting through some initial denials, he obtained hundreds of pages of investigatory documents from CIF showing how the school was recruiting players from American Samoa. "It really was a treasure trove of great stuff. We got two weeks’ worth of stories out of these documents," DeBoard said. "It really showed us that what the school was telling us just wasn’t true."

The documents detailed the recruiting scheme and gave DeBoard tons of leads for follow-up stories, including the address of "a home owned by the coach where there were all these gigantic Samoan linemen living there." DeBoard called the effort an "adrenaline rush" better than that caused by the best game he’s covered and a high point of his journalism career.

THOMAS PEELE


Contra Costa Times investigative reporter Thomas Peele has a long history of battling for public records access on behalf of both reporters and private citizens. Peele, who helps with projects for all the newspapers under the Bay Area News Group-East Bay ownership, helped ensure the recovery of thousands of e-mails from the Oakland mayoral tenure of Jerry Brown when he left office to become the state’s attorney general in 2006. Peele also helped conduct a statewide audit of Public Records Act compliance by law enforcement agencies with the nonprofit Californians Aware, which revealed glaring inconsistencies in how police across the state make information about their activity available to the public. And he’s been a major figure in helping the Chauncey Bailey Project pry out new information about Bailey’s murder last year and it’s connection to Your Black Muslim Bakery. He began his career in 1983 at a small weekly in Bridgehampton, N.Y., and moved from there in 1988 to the Ocean County Observer in New Jersey before joining the CCT in 2000.

ROLAND DE WOLK


KTVU-TV producer Roland De Wolk is leading the investigative team of photographer Tony Hedrick and video editor Ron Acker in a quest to get the names of drivers who regularly use FasTrak lanes but don’t pay anything. But to date, says De Volk, the Metropolitan Transportation Commission has been blocking his team’s quest.

De Wolk told the Guardian that his team filed a California Public Records request when the MTC wouldn’t provide information on the amount of money it was losing thanks to drivers who don’t pay tolls when they use FasTrak lanes.

"We asked MTC for specific numbers last summer and got little information. That makes a reporter’s antennae quiver," said De Wolk.

But when he and his team asked for the numbers of people obstructing their plates, the MTC started acting squirrelly, De Wolk said.

"Finally, after six to eight weeks of asking we got an answer: a photo of a car whose plate was blank," fumed De Wolk, whose team continues to push for the names of the 10 most frequent FasTrak violators.

Broadcast News Outlet

KGO-TV


When KGO-TV reporter Dan Noyes and producer Steve Fyffe asked Muni to turn over records of public complaints against its drivers, they were ready for some bureaucratic foot dragging. But they never expected the yearlong grudge match that followed. First, the union representing Muni drivers sued to keep the records sealed. Then Muni’s parent department, the Municipal Transportation Agency, made a backroom deal with the union and released a blizzard of confusing and heavily redacted paperwork that would have made the Pentagon blush.

"It was essentially a big document dump," Fyffe told us. "There was no way to tell one form from another or which driver was which."

Noyes and Fyffe convinced their bosses at KGO-TV to file a lawsuit for full access to the records. The station prevailed, after which Noyes and Fyffe received over 1,200 pages of public complaints about 25 drivers. Recently, the station went back to court after Muni refused to release surveillance tapes of the drivers. As in the previous case, the judge ruled that the public had a right to the materials and forced the transit agency to hand the tapes over.

Fyffe said he sees KGO’s legal successes as small victories in a much larger fight. "I hope in the future that this case will make Muni and other city departments more [responsive] to records requests … these kinds of incremental victories hopefully lead, little by little, to a more open government."

Print News Outlet

SACRAMENTO BEE


The Sacramento Bee operates in a city run by top-tier politicians and their spinmeisters, so the editors and reporters there have placed increasingly high value on using documents to support their stories.

"We’ve always used public records here. Being in a state capital, we’re a little more aware of the necessarily of that," managing editor Joyce Terhaar said. "You just need to be able to tell a story about what’s really happening."

Yet she said that in recent years, the Bee has made a concerted effort to hire public-records experts and to have them share their knowledge with the paper’s staff through regular workshops. And last year, those efforts paid off with a string of big, impactful investigative stories.

Among them was Andy Furillo’s look at how much the state was spending to fight inmate care lawsuits, Andrew McIntosh’s exposé on the lack of oversight for paramedics and emergency medical technicians, and stories by John Hill and Kevin Yamamura on misconduct by the state’s Board of Chiropractic Examiners.

In selecting the Bee, Society of Professional Journalists judges recognized these individual efforts as well as the Bee‘s "institutional support of reporters and their use of public records for numerous stories."

Community Media

THE BERKELEY DAILY PLANET


One of the only ways to uncover corporate wrongdoing is to dig through court records, and it’s the job of the press to report what it discovers, said Becky O’Malley, executive editor for the Berkeley Daily Planet. She was convinced that a prior court order violated the public’s constitutional rights to see court documents, so the small daily newspaper sued and won in a California appeals court last year, making public 15,000 pages of records from a class-action suit filed against Wal-Mart in 2001.

The documents included allegations that the company had denied rest breaks to its workers and deleted hours from paychecks. In the Planet‘s freedom of information suit, the appeals court judges agreed with the paper’s attorneys that the case could set a dangerous precedent where the public would have to prove its right to access court records. "It’s becoming more of a trend for judges to grant permanent seals on court records," said O’Malley. That’s unfortunate, she added, since "the only way the public finds out about bad things going on in society is through court records."

Special Citation Award

CHAUNCEY BAILEY PROJECT


After Oakland journalist Chauncey Bailey was murdered last August, a large group of Bay Area media organizations formed a rare coalition to investigate his death and the activities of Your Black Muslim Bakery, a long-time East Bay institution believed by police to be involved in the killing. Since then, the group has produced several stories complete with audio, video, and photo presentations, the most recent of which is a series by retired Santa Rosa Press-Democrat reporter Mary Fricker detailing the sexual assault allegations made by young women once in the custody of Yusuf Bey Sr., founder of the bakery. Fricker received help from independent radio journalist Bob Butler, investigative reporter A.C. Thompson, and MediaNews staff writers Cecily Burt, Thomas Peele and Josh Richman. Other stories have reported allegations of real estate fraud against bakery associates, explored potential coconspirators in Bailey’s death, and examined the bakery’s ties to several prominent politicians. More about the project — the first of its kind since a group of journalists investigated the murder of Don Bolles more than 30 years ago in Arizona — can be found at chaunceybaileyproject.org, or at www.sfbg.com/news/chaunceybailey.

Public Official

MARK LENO


It was a staff member, Kathryn Dresslar, who told Assemblymember Mark Leno how horrible state agencies had become at complying with the California Public Records Act. Dresslar served on the board of Californians Aware, a group that advocates for open government, and she described to her boss how a 1986 audit by the organization had given every one of the 33 agencies in California government a failing grade.

Ryan McKee, then a high-school student and the son of CalAware board president Rich McKee, had visited each agency and asked for a few simple things. He wanted to see each agency’s guidelines for public access, and he requested some basic information, including the salary of the agency director. Agency after agency refused to follow the law.

So Leno introduced legislation that would have mandated that every agency post its access guidelines on the Web — and included stiff fines for agencies that violated the Public Records Act. "It put some teeth into the law," Leno told us. "And I got 120 of 120 members of the state Legislature to vote for it.

That wasn’t enough for Gov. Arnold Schwarzenegger, who vetoed the bill, saying it wasn’t needed. The governor insisted that he had already ordered state agencies to fix the problem.

"It was a great eye-opener for me, and showed me the resistance this administration has to allowing public access to state government," Leno said. "Without that access the public is at a great disadvantage."

Library

UC BERKELEY’S BANCROFT LIBRARY LOYALTY OATH PROJECT


It might be hard to believe, but in 1949 the University of California Regents, a bastion of higher education, rode the wave of anticommunist fervor and McCarthyism, forcing all UC employees to take a loyalty oath. The Board of Regents adopted the rule that UC administrators pushed forth: denounce communism and swear loyalty to the state, or face losing your job.

As could be expected, people resisted and 31 faculty, workers, and student employees lost their jobs. They appealed the case to the California Supreme Court and eventually were reinstated in 1952, but the controversy cast a pall over the UC’s reputation and divided campuses. With the help of a grant from UC President Emeritus David Gardner, archivists from UC Berkeley’s Bancroft Library and other researchers painstakingly compiled 3500 pages of text, many audio statements, and photos from four UC collections.

The online collection, which went live in December 2007, serves as primary source material for students and researchers who want to understand how UC administrators got embroiled in and came to terms with the McCarthy-era tensions that rocked the country.

Legal Counsel

RACHEL MATTEO-BOEHM


Electronic data is the new frontier for public-records law, and Rachel Matteo-Boehm, a lawyer with Holme, Roberts and Owen, last year won a key case preserving the public’s right to access to what some public agencies have tried to claim was proprietary data.

The county of Santa Clara produced a digital map showing property lines, assessors parcels and other key real-estate data, and that became the basis for a geographic information system tool. The GIS would allow users to plot everything from property taxes to street repairs, public investment, political party registration, school test scores and other trends. But Santa Clara wasn’t giving it out to the public: The database cost more than $100,000, which meant only big businesses could use it.

Boehm went to court on behalf of the California First Amendment Coalition to argue that the data was public, and must be made available without high charges. "As information begins to be collected in electronic form, and governments choose to put information in sophisticated electronic formats, you can run into real public-access problems," Boehn told us.

Boehm convinced a Santa Clara Superior Court judge that the data was indeed covered under the California Public Records Act. Now Santa Clara must make the map available to the public — and other counties with similar data, seeing the results of the suit, are following that rule.

The decision was a key one, Boehm said: "One day we’re going to wake up and all there will be is electronic records," she noted. And if governments can apply different rules to those documents, "you can kiss the Public Records Act goodbye."

Whistleblower

DAN COOKE


When Dan Cooke shared details of an alleged sewage spill on Alcatraz Island with the Guardian, the health of the national park — where he’d been working as an historical interpreter for over a decade — was foremost on his mind. But he lost his job after the story was published — apparently for taking a proactive role in noting details of the spill in the island’s log book and speaking candidly to the press about what he’d seen. Wanting nothing more than a return to his job leading educational tours of the island, he filed an administrative claim with the US Department of Labor against the Golden Gate National Park Conservancy and the National Park Service. And he called the Guardian. We reported his firing. The next time Cooke called, it was to happily report he was back on the job.

Citizen

SUPERBOLD (BERKELEYANS ORGANIZED FOR LIBRARY DEFENSE)


SuperBOLD has accomplished something entirely different from what it set out to do. Originally, the small group of devoted Berkeley public library users organized to oppose the installation of RFID tags in books. "In the process of going to library board of trustees meetings, we discovered they were vioutf8g the Brown Act," said Gene Bernardi, who heads SuperBOLD’s steering committee with Jane Welford, Jim Fisher, and Peter Warfield. They found, among other things, that certain documents were only made available to trustees and a lottery system was employed in selecting speakers during public comment. They took their complaints to the Berkeley city attorney and joined up with the First Amendment Project, which threatened a lawsuit. Things have changed, though it’s still not perfect — city council meetings only allow 10 speakers and the library trustees still play the lottery for public comment, but marginal improvements portend better days.

"Now you can speak more than once," said Bernardi. "Now you can speak on consent calendar and agenda items. So there are more opportunities to speak … if the Mayor [Tom Bates] remembers to call public comment."

Electronic Access

CARL MALAMUD, PUBLIC.RESOURCE.ORG


For years, web pioneer Carl Malamud has sought ways to use the Internet to connect average citizens with their government. His new Web site public.resource.org helps that cause by excavating buried public domain information and posting it online. Though still in its early stages, the site already allows users to tap into hard-to-find records from places like the Smithsonian, Congress, and the federal courts system.

Even though most government records are part of the public domain, fishing them out from the bureaucratic depths can be a daunting and expensive task, even for someone like Malamud. During a lecture at UC Berkeley last year, he related his recent difficulties in acquiring a simple database from the Library of Congress. Instead of turning over the materials, officials at the Library cited dubious copyright protections and presented Malamud with a bill for over $85,000 — all for access to supposedly public information.

Thanks to Malamud’s Web site, that database and millions of other documents are now available with the click of a mouse. Ultimately, Malamud hopes public.resource.org will help bring about an age of "Internet governance," in which every last byte of public data winds up online for all to see, free of charge.

THE SOCIETY OF PROFESSIONAL JOURNALISTS
NORTHERN CALIFORNIA CHAPTER presents the 23RD ANNUAL JAMES MADISON FREEDOM OF INFORMATION AWARDS DINNER

MARCH 18, 2008
NEW DELHI RESTAURANT
160 ELLIS STREET
SAN FRANCISCO
No-host bar @ 5:30 p.m.
Dinner/Awards @ 6:30 p.m.

TICKETS:
$50 SPJ members & students
$70 General public
For more information, contact David Greene (dgreene@thefirstamendment.org)

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Health care paradoxes

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OPINION What does homicide in the Western Addition have to do with the closure of the worker’s compensation clinic at San Francisco General Hospital? How does a mobile methadone-treatment van affect the broader public health of San Francisco?

These are just two of the questions that University of San Francisco nursing students are asking while San Francisco residents face a public health and safety crisis.

Public health and safety are both affected by economic conditions. Nonetheless, we must all question a need-blind cutback in services to public health.

It’s the task of San Francisco nursing professors to address the following confounding paradoxes:

Homelessness Nursing students, Department of Public Health staff, and a host of individuals and organizations work together at the commendable, but intermittent, Project Homeless Connect, while midyear budget cuts will shutter Buster’s Place, the only 24-hour drop-in center that serves homeless persons every day of the year.

Mental health Last semester USF students learned that increasingly scarce hospital beds for mentally ill and impoverished San Francisco residents were going to be cut back even further. Now budget cuts are planned that will decrease services for individuals on an outpatient basis.

Violence Nursing students learn about the effectiveness of education and physical exercise in ameliorating the deplorable conditions of the city’s housing projects and streets. The Western Addition has recently suffered from a spate of shootings; it seems an odd time to close a healthy and safe alternative to the violent streets such as tennis courts.

Occupational health The Occupational Health Clinic at SF General will soon be closed. USF students want to know why they should choose to work for a public health system that puts them at high risk for hepatitis B, HIV, back injury, and exposure to violent patients.

Substance use Methadone treatment for opiate addiction is an imperfect clinical intervention, but it’s certainly better than users overdosing on the street or spreading HIV and antibiotic-resistant skin infections by sharing needles. However, methadone treatment is expensive, and an innovative program to bring it to addicts will be delayed for budget reasons.

Access to care While the city’s health plan, Healthy San Francisco, is a laudable attempt to provide optional health care coverage to more residents, the budgets of public health clinics and hospitals that provide the care are being cut back.

Public health nursing San Francisco has pioneered effective programs tackling the disproportionate infant-mortality, asthma, diabetes, and hypertension rates among African American and Latino San Francisco residents. Now the cadre of public health nurses who do this work will be reduced, and Laguna Honda Hospital is being rebuilt with fewer patient beds. Who will monitor and support the disabled and seniors in the community if not the public health nurses?

As public health nurses, we implore our elected officials to protect the most vulnerable while making difficult decisions.

Sasha J. Cuttler

Sasha Cuttler is an assistant professor at the University of San Francisco School of Nursing

A small business survey: fill it in

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Here comes the Scott Hauge/Small Business California Survey. Deadline March l0.

By Bruce B. Brugmann

As attentive Guardian readers know, it is small businesses that generate the net new jobs in San Francisco and most every other community in the country.

We even did two pioneering job generation surveys back in the mid l980s to prove the point.

Yet small business people, particularly in San Francisco, feel as if they are a minority under siege from City Hall and most every political quarter.

Scott Hauge, founder and president of Small Business California, is working tirelessly to change this perception.
HIs latest project: his annual survey of small business owners and supporters and their opinion on the economy and issues they care about most.

Personally, I like to add in some of the Guardian issues to benefit small business: enforce the antitrust laws, enforce the Raker Act and bring Hetch Hetchy public power to San Francisco, bring in progressive income and business taxes, get candidates from the presidential candidates on up and down to promote small business issues etc. You get the point.

Fill in the survey. Join Small Business California and keep up on the sector of the economy that produces the jobs and enlivens our neighborhoods.

Click here to take the Small Business Survey.

War on science

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› annalee@techsploitation.com

TECHSPLOITATION Over the past eight years, the lives of millions of people in the United States and beyond have been endangered by the US government. No, I’m not talking about the war in Iraq. I’m talking about the quiet, systematic war the government has been waging against science.

You may have heard about gross examples of the government censoring scientific documents. For example, it was widely reported last year that a government regulatory group excised at least half the statements Centers for Disease Control director Julie Gerberding was set to make at a congressional hearing about how climate change will affect public health. You may also have heard about the scandal in 2004 when a whistleblower at the Environmental Protection Agency revealed that five of the seven members on a panel of "independent experts" stood to gain financially from shutting down a scientific investigation of a controversial mining technique called "hydraulic fracturing." The panel claimed that in its expert opinion, the technique didn’t require regulation, despite many scientists’ concerns that it might pollute groundwater.

But these are the stories that hit the headlines. There are hundreds more where they came from, and many of them are documented meticulously in a study released earlier this month by the Union of Concerned Scientists (UCS) called "Federal Science and the Public Good." (Download it for free online at http://www.ucsusa.org/scientific_integrity/restoring/federal-science.html.)

The UCS report documents, in chilling detail, how agencies have fired scientists who disagreed with government policies. For example, in 2003, experts in nuclear physics were dismissed from a panel within the National Nuclear Security Administration because some of them had published about how the George W. Bush administration’s beloved "bunker buster" weapons weren’t very effective. And scientists who spoke out against the administration’s stem cell policy were booted from the President’s Council on Bioethics.

Worse, the government has falsified scientific studies to bolster its policies and undergird its ideological positions. Perhaps the most egregious example of this was when the EPA lied outright to Americans that the air around ground zero directly after Sept. 11 was safe to breathe. In fact, according to the UCS report, the EPA made this statement without even testing the air. As a result, the authors of the report write, "thousands of rescue workers now plagued by crippling lung ailments continue to feel the impact of this public deception." There’s also an example of the Food and Drug Administration inventing a fake study to support its decision to approve the drug Ketek, along with many others.

Most intriguing, though, is the UCS report’s suggestion that many federal regulatory agencies may in fact be breaking the law by cutting real science out of government policy decisions. Both the Clean Air Act and the Endangered Species Act require the EPA and the US Fish and Wildlife Service to base their decisions on "the best scientific data available." And yet the UCS has documented countless examples of both agencies, as well as others, refusing to take into account the latest research on climate change, animal populations, and systems biology.

It would be intriguing to see a lawsuit based on the fact that these agencies aren’t using "the best scientific data available," but the UCS doesn’t suggest that as a remedy. Instead, the report concludes by looking to the future of federally funded science, suggesting ways the next presidential administration might remedy the failures of the last.

First on the agenda would be to bring a scientific adviser back into the cabinet. (Bush dismissed this adviser from the cabinet.) The UCS also suggests that the next president repeal Executive Order 13422, which gave an obscure regulatory body known as the Office of Management and Budget a lot of control over how regulatory agencies handle science. Currently the OMB has the power to revise the findings of scientists within those agencies, despite the fact that the OMB has little to no scientific expertise. And finally, the UCS asks that the government extend protections to whistleblowers within the government who come forward to report on the very kinds of abuses the UCS has reported (often with the help of whistleblowers who lost their jobs or worse).

Hopefully the next presidential administration will relegate this report to the status of historical document instead of a warning about our future. Science is crucial to the management of the nation, and without it we’re no better than a medieval kingdom.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who is fifteen feet tall, and she has a federal agency science report that proves it.

Newsom’s woman problem

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OPINION Be nice, wait your turn, pay your dues, your time will come.

This is the “guidance” given to women in politics, and many of us have bided our time and paid our share of dues. But what happens when our time comes, and we speak out for what we believe in? We are called pushy, mean, controlling, or cold. And worse — we are stripped of our positions.

In the last month, four of the most respected women in city government have been removed from their posts:

Susan Leal is considered one of city government’s best managers and was leading the city toward a future of sustainable energy usage. According to the Chronicle, she was fired from her position as director of the San Francisco Public Utilities Commission because the Mayor did not consider her to be a “team player,” and because it appeared that Leal was readying herself for another run for Mayor in 2011.

Leah Shahum is a fearless bike advocate and Executive Director of the San Francisco Bicycle Coalition. She was removed from the city’s Municipal Transportation Agency for being an outspoken critic of the city’s inaction on promoting alternative forms of transportation.

Roma Guy is a fierce advocate for women’s health, a former lecturer in San Francisco State University’s health education department and a longtime progressive activist. She was removed from the city’s Health Commission without explanation.

Debra Walker is the only woman on the city’s powerful Building Inspection Commission, a longtime affordable housing activist, and a fighter for reform and transparency in the Department of Building Inspection (a male-dominated department in a male-dominated field). Walker lost her leadership position on the commission after she was targeted by the mayor’s office for openly disagreeing with his positions.

We can’t allow these affronts to go unnoticed and we can’t afford to lose more good women in poweror let the few that remain be silenced into inaction. It is time for women to stand behind our sisters who work hard every day to represent us in government, many on a volunteer basis, while also pursuing full time careers and caring for their families.

The National Women’s Political Caucus and the San Francisco Women’s Political Committee are working to increase the number of women in positions of influence in city government. In September of last year, 47 elected officials and other community leaders from the San Francisco women’s community came together for a Women’s Policy Summit where the participants agreed that our top priority is to promote more women to positions of influence in government.

Even though women comprise 51 percent of the voting population, we hold only 16 percent of the seats in Congress, 23 percent of state legislative seats nationwide, and 27 percent of the seats on the San Francisco Board of Supervisors. Only one elected executive office in San Francisco — district attorney — is held by a woman.

San Francisco must do more to promote women to leadership positions. We must also call on the mayor to appoint women to positions of influence in city government and demand an explanation when he removes qualified women from their posts without good cause. The time for patience and waiting our turn has passed. *

Alix Rosenthal, Amy Moy and Micha Liberty

Alix Rosenthal is the founder of the San Francisco Women’s Policy Summit. Amy Moy is president of the San Francisco Women’s Political Committee. Micha Liberty is president of the National Women’s Political Caucus (SF chapter).

 

Noise Pop: Follow those Dodos

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› kimberly@sfbg.com

Meric Long spent a year in chicken heaven or hell, depending on your feelings about charred fowl flesh. For about a year the Dodos vocalist-guitarist-trombonist chopped, baked, and tended as many as 80 signature roasted chickens per night as a line cook at San Francisco foodie institution Zuni Cafe — a day job so intense that plump, juicy birds haunted his dreams. "Whenever I start talking about the chickens, I can’t shut up," he says ruefully now. "It just it ruled my life for a year!"

But honestly, despite those incursions into his REM-scape, Long feels more kinship with his band’s namesake: the Dodo, that incredible, edible, yet now extinct white meat. "They were like chickens," he muses, sprawled sideways on a bench in Mission Creek Cafe on this warm California winter afternoon. The precision roasting of fowl seems far away on this fair day. "They were lonely, though."

"They wanted friends," drummer Logan Kroeber throws in. He’s still shaken and a bit stirred thanks to a too-close-to-personal-extinction-for-comfort encounter between his skateboarding self and a car blasting down a nearby alley.

"And that’s why they got killed off," Long continues. "They weren’t used to visitors, and the English came and were hungry and ate ’em."

Still, it takes a lot of sly chutzpah to adopt the moniker of the highly uncool, not-so-beautiful loser of the animal kingdom. And though they’d never say so explicitly, Long and Kroeber are hoping, humbly, to do the clumsy waddlers proud by adapting and maybe even flourishing. Exhibit one: the Dodos’ compelling second album, Visiter, scheduled to be released March 18 on Frenchkiss. Its 14 songs unfold in three rough parts, beginning with the toy piano invocations of road-weary, lovelorn musicians ("Red and Purple"), then rolling through noise-wracked folk drone ("Joe’s Waltz"), wry, Magnetic Fields–style songcraft ("Winter"), and a ragtag country blues scented with the sun and sand of Led Zeppelin and West African drumming ("Paint the Rust"). A significant evolution from Long’s time as a solo acoustic act and from the Dodos’ self-released debut, Beware of the Maniacs (2006), Visiter is startlingly deep and likely to hold up under repeated plays, catching the listener on the tenterhooks of Long’s insinuating melodies.

So it’s funny, then, to think that Long first dubbed his solo folk act Dodobird because he felt like such a slow goer and has now firmly found his voice with Kroeber and the Dodos. "To be honest, I think back then I used to have a fear that I was kind of unintelligent, like I was really dumb but didn’t know it," Long says bashfully. "I don’t know if I should say it. But I think it had to do with partying too much when I was younger and completely fucking my brain. I also think there’s this plane of understanding that other people seem to be on and I’m still kind of out of the loop on."

As usual, Kroeber jumps into the conversation, to watch his bud’s back, because seriously, dude, in his opinion, Long is nothing like the dazed and confused kids he grew up with down south: "A lot of people can sort of deflect that with ‘You’re thinking too much, man! Keep it simple! Positive vibes!’ You know, that sort of brick-by-brick, build your weed cabin." Kroeber nods sagely. "I grew up in Santa Cruz — it’s a historical place for weed-cabin building."

The Dodos found their endearingly clumsy footing far from the happy yet isoutf8g metaphorical grassy isles of yesteryear. After moving from his hometown of Lafayette, Long had been playing solo around town — occasionally as Mix Tape with vocalist Brigid Dawson of the Ohsees — when Kroeber’s cousin introduced the guitarist to the drummer two years ago. Kroeber started accompanying Long live on a few songs, on a single tom. "Even during those early shows," Kroeber recalls, "that girl Emily from Vervein was still, like, ‘It’s cool — I like what you’re doing, the one drum thing. I’m all about it!’ Even with one drum, people were, like, ‘Keep going!’<0x2009>"

A particularly inspiring Animal Collective show roused Long to offer to pay Kroeber’s way to Portland, Ore., where the singer-songwriter was about to record Beware with engineer John Askew, who owns the Filmguerrero label. Their experience working with Askew was so fruitful that the two returned to Askew’s Type Foundry studio to make Visiter after spending 2006 on perpetual tour, getting tighter, writing songs together, and solidifying their identity as a band. For Visiter, the duo piled on an odd array of instruments — stand-up bass, toy piano, and trombone — while the producer carefully pieced the sounds together in the recording’s aural landscape. "John sits there and closes his eyes and imagines his record as a soundscape and places things geographically," Long says, standing suddenly and patting the air above him here and there. "I think it really helped with this situation, because with two people there’s a lot of sonic space to fill, so where he placed everything really made a huge difference. The drums take up so much sound space on the record."

Loneliness fills the spaces of the songs as well, as Visiter so often seems to revolve around the women who were just passing through Long’s life. "Jodi" and "Ashley" are, naturally, about two such suspects, while "Undeclared" eschews Kanye West collegiate themes to focus on an unrealized crush, and "Red and Purple" captures that "young lady" who fashioned elaborate gifts involving invisible ink that would greet Long at every club on tour. "It was pretty romantic shit," Long says a bit wistfully.

"I was definitely impressed," Kroeber agrees. "I didn’t really know this girl, but later I imagined she was one of those people who sew everything by hand, supermeticulous. It was some next-level spy shit."

As the talk turns to girls who have come and gone, the Dodos grow a mite melancholy, though not enough to throw in the towel and jump in a roasting pan. They recently underwent a minimedia storm in New York City, where they attempted to go uncensored for MTV.com while hungover and sleep deprived after partying with Long’s chef pals the previous night. Fortunately, these days the Dodos are relying on their survival instinct more often than not and seeking out swimming holes rather than new watering holes when on tour.

Not that the drink doesn’t have its uses. "It’s an artificial sort of cryostasis," Kroeber quips. "But as soon as you get done with the tour and go home, it crumbles. The second tour, when I came back, my girlfriend was, like, ‘What the fuck happened to you?’ But it does work! When you’re on the road it’s the one thing that keeps you going."

THE DODOS

With Or, the Whale, Bodies of Water, and Willow Willow

Feb. 28, 9 p.m., $10–$12

Cafe du Nord

2170 Market, SF

(415) 861-5016

ww.cafedunord.com

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Milked

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OPINION It seems that everyone, from current politicians to former friends and lovers of Harvey Milk, is scrambling to serve as a spokesperson for the new Hollywood movie about the life of Milk, the first openly gay elected official in a major United States city.

Milk joined the San Francisco Board of Supervisors in 1977, only to be assassinated (along with then-mayor George Moscone) one year later by Dan White, another member of the board.

Cleve Jones, who worked as a student intern in Milk’s City Hall office (and later started the AIDS Memorial Quilt), is now serving as a consultant for the Gus Van Sant film. At the Castro Theatre on Feb. 4 he encouraged a crowd of extras gathered to re-create the candlelight march that took place after Milk’s murder by saying, "We made history on these streets, and we’re gonna do it again tonight."

But remaking historical moments from the pain and glory days of the past is hardly the same thing as making history in the present. In the 1970s queers fled abusive and stifling families and places of origin to move to San Francisco by the thousands and join dissident subcultures of splendor and defiance. Of course, queers still flee similar conditions; it’s just that the hypergentrified San Francisco of 2008 barely offers the space to breathe, let alone dream.

The excitement around reenactment obscures the reality that some of the same smiling gay men who came to San Francisco in the 1970s have consistently fought misogynist, racist, classist, ageist battles — from carding policies to policing practices to zoning and real estate wars — to ensure that their neighborhood (Milk’s Castro) remains a home only for the rich, white, and male (or at least those who assimilate to white middle-class norms).

Check out a quote from Dan Jinks, one of the producers of the movie, in the Dec. 27, 2007, Bay Area Reporter: "Our great hope is this will revitalize this district and make it a major tourist destination."

Revitalize the Castro, where you’re lucky if you can rent a flat for less than $4,000 or buy property for less than $1 million? Everyone who’s ever set foot in the Castro knows it’s filled with tourists from around the world!

Oh, I know what Jinks means: straight tourists. Some gay people are so anxious to participate in their own cultural erasure.

After White’s 1979 trial, at which he was convicted of manslaughter instead of murder and given a lenient sentence, rioting queers torched police cars and smashed the windows and doors of City Hall. Later that night vengeful cops went to the Castro and destroyed the windows of the Elephant Walk (now Harvey’s), entered the bar to beat up patrons and trash the place, and swung their batons into anyone they encountered.

I’m wondering if the new Van Sant film will end at the candlelight march, thus avoiding talk about such market-unfriendly issues as systemic police violence and property destruction as a political act.

Unfortunately, San Francisco is now more of a playground for the wealthy than a space for the delirious potential of dissidence. But there are still plenty of reasons to protest. Got housing? Got health care? Got citizenship? Nope, we’re just getting milked.

Mattilda Bernstein Sycamore

Mattilda Bernstein Sycamore (www.mattildabernsteinsycamore.com) is the editor, most recently, of Nobody Passes: Rejecting the Rules of Gender and Conformity (Seal Press, 2006) and an expanded second edition of That’s Revolting! Queer Strategies for Resisting Assimilation (out in June from Soft Skull Press).

PG&E wins a big one!

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By Bruce B. Brugmann

The email came in to me from a City Hall source during Tuesday’s meeting of the Board of Supervisors.

“Are you hearing the same thing I am about Daly possibly approving Sklar’s appointment? I can’t get my head around why he would do that, if the rumor is true.”

I sent a note back saying that our understanding at the Guardian was that there were seven solid votes against the mayor’s nomination of Richard Sklar and Ryan Brooks for reappointment to the San Francisco Public Utilities Commission, a longtime PG&E bastion in City Hall. The swing vote, I said, was Sup. Gerardo Sandoval, but he appeared to be resisting the massive pressure on him to vote for Sklar.

My source was right. Sup. Chris Daly did the ignominious thing and voted for Sklar and gave him the vote he needed to stay on the PUC, on a 7-4 vote. (It takes eight votes to reject a mayoral nomination.) Daly in the process did the following: (a) gave PG&E a major victory, (b) gave the mayor a major victory, (c) allowed Newsom’s campaign manager and key strategist, Eric Jaye, with PG&E as a major client, to claim a major victory, (d) helped assure the firing of PUC General Manager Susan Leal (Newsom had fired her earlier because, in the opinion of the Guardian and other public power supporters, she was making some baby steps toward public power), (e) helped assure that the PUC would most likely be a safe haven for PG&E for yet another few years.

And Daly did it without tipping his hand in advance and letting his public power and other supporters know what he was doing. Nor did he explain his vote at the meeting. Nor was he available after the vote to explain.
What happened? “He’s painfully qualified to serve on such a commission,” Newsom told Cecilia Vega, the Chronicle’s City Hall reporter, for her excellent story today. Sarah Phelan, the
Guardian reporter covering the meeting, tried in vain to get a comment from Daly and even went to his office after the meeting. No luck.

But Daly did post a comment on Steven T. Jones’ blog story in which Jones reported that Daly “flipped his vote” on Sklar and described it as a “surprising and inexplicable move.” Jones posted the item at 3:43 p.m. Tuesday.

Daly posted his comment 57 minutes later at 4:40 p.m.,. He wrote that he “never ‘flipped’ my vote on Sklar, because I never committed to vote against Sklar. I also didn’t cut a deal with any Sklar supporters–I quickly terminated the only call I received from a Skar supporter.

“Not that it wasn’t a very difficult vote, especially considering the company I had on the vote at the Board.

“I am strongly against the removal of Leal and the associated $400,000 payout and have expressed my concerns about the Mayor’s meddling in Commission affairs. When I brought this up, Skar admitted to me that he did not handle this well. But on other subjects, Sklar has shown independence from Newsom–most notably on the issue of the peaker plants and the Charter Amendment. I also believe Sklar when he says he’s not against public power.

“So here I am looking at a Commissioner that is clearly qualified and has shown some independence, but with whom I’ve disagreed on a number of issues. I just don’t think that rises to the level of meriting a rejection. That also doesn’t rise to the level of deserving an appointment if I was the appointing authority.”

C’mon, Chris. This is pretty lame stuff for a guy who likes to kick ass all around City Hall and the Hetch Hetchy watershed. You’ve been out there on a host of good issues over a long period of time, including public power and kicking PG&E out of City Hall. So what happened? (I’m sending this blog over to your office to give you a chance to answer.)

And so Daly joined the emerging PG&E Three on his vote: Sups. Michela Alioto-Pier, Sean Elsbernd, and Carmen Chu. And he rejected seven solid votes for public power and against PG&E by supervisors who deserve gold stars in their lapels: Sups. Aaron Peskin (who led the charge), Ross Mirkarimi (the cca and public power generalissimo), Tom Ammiano and Jake McGoldrick (all good on the issue), Sophie Maxwell and Bevan Dufty (who came through nicely), and Sandoval, who did the right thing while having a lot to lose because he will be running for judge. He was told during the intense lobbying campaign, sometimes bluntly, sometimes obliquely, that he would get lots of support and money if he went for Sklar and lots of pain and punishment if he went against Sklar. Good going, Gerardo.

And Sklar? Well, he’s never shown us the slightest interest in pushing public power and taking on PG&E during his long PUC tenure and he wasn’t reappointed by the Mayor/Jaye/PG&E to suddenly turn state’s evidence on PG&E. If he were the statesman his supporters were portraying him to be, he would have turned down the appointment and made some helpful comments. Instead, he took the occasion, in his appearance before the board, to trash Leal and say, according to the Chronicle, “‘I supported Susan for mayor in 2003. She’s my friend,”” he said. “”But this is not the job for her.'”

The Chronicle neatly pointed out that, during the meeting, Sklar “declined to offer specifics about why he thinks Leal should go.” Note the Newsom/Sklar spending habits: If the board votes to terminate Leal’s contract next week, she stands to collect a severance package of more than $400,000.

The Chronicle also pointed out that Sklar had mounted a “vigorous campaign to keep his post on the commission by meeting with supervisors beforehand.” The story also said that Sklar had rounded up support from a batch of high profile politicians: former mayor Art Agnos and Willie Brown (both of whom operated as PG&E aliles during their reigns), Sen. Dianne Feinstein (a PG&E ally who negotiated the sellout Turlock/Modesto power contract that cost the city millions) and House Speaker Nancy Pelosi, a PG&E ally who led the fight to help PG&E privatize the Presidio and turn the public power base over to PG&E’s private power. Like Sklar, none of them have taken on PG&E on much of anything ever.

Let’s have a show of hands on this one: how quickly will Sklar, with PG&E support and allies like these, put even a tiny pebble in the path of the PG&E steamroller on the PUC? I’ll keep you posted. B3

Click here for Steven T. Jones’ blog, Daly’s comment, and Kimo Crossman’s comments.

Read Kimo Crossman and Chris Daly’s full blog comments after the jump.

Cleaning up FERC’s mess

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OPINION In the late 1980s, Federal Energy Regulatory Commission member Charles Trabant warned that "the only thing that we have to fear is FERC itself." He was speaking about his agency’s aggressive policy of preempting state regulatory powers — and undermining the rights of consumers — to encourage utility competition. This spring the Supreme Court will decide whether or not Trabant was right.

FERC’s response to the California energy crisis was too little too late.

At the height of the crisis FERC urged the state and many utilities — desperate to reduce the immediate cost impact of the crisis — to purchase long-term power supply contracts. Energy traders call this type of transaction "blend and extend" because the contract is a mix of short- and long-term prices. During this period, California and many utilities followed FERC’s advice and took advantage of this form of contract with the objective of extending the contracts long enough to keep short-term prices down. One utility, for example, tried to limit prices to a 35 percent rate increase. While the immediate effect was to reduce prices, sellers ended up gaining crisis-related scarcity profits over the longer term of the contract.

After the crisis abated FERC found that short-term prices — including those that had been used in many utilities’ blended contracts — were unjust and unreasonable and ordered sellers to refund revenues that exceeded an administratively determined just price. However, FERC denied the pleas of the state of California and others for adjustments to long-term contract prices. Ironically, it did so based on a "public interest standard," a financial test that considers the welfare of sellers but not that of customers. The public interest standard evolved to enable sellers to unilaterally raise a contract price that is below cost in order to avoid financial harm. Clearly, these were not the circumstances facing those who purchased power to temper customer costs. FERC just reckoned that the price would be passed on to customers.

The federal courts overturned the FERC decision. The 9th Circuit Court of Appeals found that FERC’s oversight was "fatally flawed" and "offers no protection to purchasers victimized by the abuses of sellers or dysfunctional market conditions that FERC itself only notices in hindsight."

Electricity sellers, supported by FERC, have persuaded the Supreme Court to review the 9th Circuit’s ruling. Amicus briefs before the Supreme Court paint a dark picture of unwilling investors not providing the capital necessary to maintain reliable electric systems.

The merchant energy sector experienced a severe credit and liquidity crisis in 2002. According to Moody’s Investors Service, the crisis was not caused by regulators’ protecting customers but was due to energy trading having a flawed business model that lacked investment-grade characteristics. The market was taught an expensive lesson with the bankruptcies of Pacific Gas and Electric Co., Enron, Mirant Corp., Calpine, and NRG. During this process, however, bankrupt power generators such as Mirant, the owner of the Potrero Hill power plant in San Francisco, used bankruptcy protection to modify contracts to generate value for their creditors.

Creditors have protection in the new competitive markets. Now it is time for the Supreme Court to protect customers too, by enforcing the Federal Power Act as it was written by Congress.

Carl Pechman

Carl Pechman is an economist and the founder of the energy consulting firm Power Economics in Santa Cruz.

The governor’s spending addiction

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OPINION Just five months after boasting that California’s "budget deficit is zero," Gov. Arnold Schwarzenegger recently came back to tell us the state is facing a staggering $14.5 billion shortfall over the next 18 months.

To deal with this amazing turn of events he is now proposing that we slash funding for our court system; virtually close down our state parks system; cut more than $4.5 billion from K–12 education; decimate our AIDS Drug Assistance Program; further reduce reimbursement rates for health care providers; put the children of mothers on state assistance at risk of homelessness; deny the blind, the elderly, and the disabled even a minimal cost-of-living adjustment; and continue to underfund our higher education systems.

Voters should rightfully be bewildered and seriously concerned. How and when did this crisis happen? How could the state go from a budget deficit of zero to one of $14.5 billion in just five months?

The governor’s earlier boast about our nonexistent budget deficit was a great line from a great showman. But it failed to tell the real story.

The fact remains that Schwarzenegger created the beginnings of this budget catastrophe on his very first day in office, when he followed through on a campaign pledge he made during the 2003 recall election. His promise was to rescind the restoration of the vehicle license fee.

The VLF was created in 1935 as a 1.5 percent tax on the purchase price of every automobile sold in California. Iconic Republican governor Earl Warren raised it to 2 percent in 1948. VLF revenue does not go to the state’s General Fund. Rather, it goes to local governments to pay for fire and police protection, keep libraries and parks open, and keep our streets clean.

In 1998, at the height of the dot-com boom, when California had surplus tax revenue, the Stage Legislature offered car owners a temporary relaxation on the VLF. The average 2 percent VLF was then $300. The "good times" tax break lowered the amount car owners paid to just $100. The state picked up the remaining $200 so local governments would continue to receive the entire $300. At the time this cost the GF around $5 billion annually. The deal was to continue as long as there were "sufficient general funds" to make up the difference.

In 2003, after the boom went bust, we faced a $38 billion state budget deficit. Then-governor Gray Davis’s finance director correctly determined that there were no longer sufficient general funds to continue the good times tax break. The VLF was restored to where it had been for 50 years.

Candidate Schwarzenegger seized on the issue, and the rest is history. Unfortunately, the $6.15 billion that Schwarzenegger is now spending annually on the VLF tax break is money we don’t have. Neither are the billions he’s spending to cover that debt, which stands at more than $20 billion over the past four years. Combined, the cost of the VLF tax break and the debt to service it account for almost 90 percent of our current budget deficit.

Without the governor’s reckless and profligate spending habit, our state would have no budget crisis and there would be no need to dismantle essential governmental services.

We need to finally have an honest conversation with the voters of California. One can debate whether or not the VLF spending program is a good idea. What is not debatable is that the ongoing GF cost of the VLF spending program is the main cause of our budget woes.

An immediate intervention is necessary. We must break the governor’s spending addiction to correct the course of our state.

Mark Leno

Mark Leno represents Assembly District 13 in Sacramento.

The way to honor Matthew Shepard

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OPINION Nearly 10 years ago Matthew Shepard was crucified on a fence in Wyoming because he was gay. Recently a bill bearing his name failed to pass the United States Senate.

S 1105, the Matthew Shepard Act, would "provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes." Its supporters are still pushing for its passage, and Speaker of the House Nancy Pelosi wants to see it approved early this year. Here is why Congress should not bother:

Nearly 1,500 hate crimes motivated by sexual orientation were reported in the United States in 2006. To reduce that number we do not need a bill that would give the local sheriff a cash grant after some kid decides to crucify another kid because he likes to kiss boys. We need education.

Our school system is structured with the implication of heterosexuality. Any information that be construed as other than strictly heterosexual is rarely taught. James Baldwin is widely read in schools for his writings on the difficulties of living in a racist world. His writings on the difficulties of living in a homophobic world, however, are largely ignored. "The Fire Next Time," an essay on how to "end the racial nightmare" that blacks endure, is more widely read than Giovanni’s Room, which begins with the gay lover of the main male character about to be guillotined.

Most students know Alexander the Great as one of the most important generals of history, conquering most of the known world by the time of his death at 33. Some know of his three wives. Few know of Hephaistion, his lifelong companion, with whom it is widely acknowledged he had a sexual relationship. Through such selective edits of history, students learn (falsely) that heterosexuality is the norm and has been throughout time.

With this background, is it any wonder that hate crimes based on sexual orientation accounted for more than 15 percent of all hate crimes reported in the US in 2006?

These statistics will not be affected by reactionary laws. The Matthew Shepard Act will not change them. It will not allow him to celebrate another birthday. Nor will it help to ensure that no more children are robbed of their birthdays. The best it can hope for is to make sure their persecutors spend their birthdays in jail.

We expect schools to teach our children about history, math, and English and, by extension, about society. When they learn about Alexander but not Hephaistion, about "The Fire Next Time" but not Giovanni’s Room, about the Seneca Falls Convention but not Stonewall, they come to understand that heterosexuality is expected, that it is normal. And few children wish to be abnormal.

What we need in our schools is a curriculum that acknowledges the different sexualities and perceptions of sexuality that have existed in history. Tell the students about Baldwin’s Giovanni’s Room and Alexander the Great’s Hephaistion. From there, why don’t we let the students decide for themselves what is "normal"?

Matthew Shepherd’s attackers are serving consecutive life sentences in prison. S 1105 might send more people to prison with them. But it cannot prevent them from committing the crimes. Education might. And wouldn’t that be a better legacy to leave Shepard?

Christina Luu

Christina Luu is a student in the Economics Department at Stanford University. She is also a fellow of the Roosevelt Institution’s Center on Education, the nation’s first student-run think tank. She plans to graduate in spring 2010.

More yowls from Howlin Rain’s Ethan Miller

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It’s always a stone blast chatting with Ethan Miller (above, far right) of Howlin Rain and Comets on Fire: dude loves his horror flicks, and as a onetime English major at UC Santa Cruz, he can always be relied on to come with a fresh opinion and frisky curiosity when it comes to pop culture in general. Anyway, it was good to hear that the Goldie winner has been tapped by Columbia Records co-head Rick Rubin to make the leap from the Bay Area’s always tasty Birdman label to Rubin’s own American Recordings imprint, starting with Howlin Rain’s impressive, chance-takin’, and rock-out new LP, Magnificent Fiend, a co-release by both companies. For the first snippet of our talk, see this week’s Sonic Reducer. For the rest, let your eyes roam below. Howlin Rain plays with Black Mountain at the Independent Monday, Feb. 4.

SFBG: So what have you been up to?

Ethan Miller: It’s getting a little busy – kind of getting hyped up for the record and stuff, starting to do some work on it. Just press stuff, deciding details about ads and posters and stuff like that, just little things. What song is gong to be a single.

SFBG: How did this arrangement with Rick Rubin come about?

EM: Oh, kind of the normal old way – maybe it seems a little abnormal, because it’s Rick Rubin, and all things considered. He contacted me and asked me if I wanted to be on the label and we talked. I also think he is, like, an Arthur subscriber and an avid reader, and they did that cover piece on me, and I think that’s how he got turned on to Comets and Howlin Rain and stuff and checked it out and got ahold of me. It’s probably been more than a year since Rick and I first talked.

Bronstein kicked upstairs?

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That’s what it sounds like. The Chron reports that editor Phil Bronstein, who has been a key part of the operation since Hearst bought the paper in 2000, is “leaving his post to take a larger role in the newspaper division of Hearst.”

His new title will be “editor at large.” His job duties haven’t quite been established yet.

It’s funny — a year ago, I would have said the paper desperately needed new direction. The Chron was flailing, heading nowhere, losing circulation and tons of money. But in the past few months, we’ve actually seen some life — opinion pieces and campaigns on the front page (bad ones, for sure, like Chuck Nevius’s crap on the homeless, but at least they were taking on issues), better design, some decent City Hall pieces etc.

So now we get a new editor with deep local roots. I’m holding my breath.

How to save the Housing Authority

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OPINION After repeated media attention to the myriad problems at the San Francisco Housing Authority, Mayor Gavin Newsom asked the agency’s director, Gregg Fortner, to resign. An interim director, Mirian Saez, was appointed to fill his shoes until a national search is conducted to find a permanent replacement. The mayor has announced replacements for two of the seven commissioners; one of the new appointees, Dwayne Jones, is a senior Newsom staffer.

As an affordable-housing advocate who works with residents of public housing, I am overjoyed at the prospect of change at the agency. No matter who is chosen to be the new director, a few key changes should be seriously considered for the city’s largest low-income-housing provider. Here are some suggestions:

1. Appoint commissioners who get it and care. The mayor could have made sweeping changes after he asked the SFHA commissioners to submit letters of resignation. Instead, he used the opportunity to appoint someone who is on his payroll. As long as political connections continue to trump experience, understanding, and compassion, tenants will suffer. What about having a public process in which residents and the community can nominate candidates? How about sharing the power to appoint housing commissioners with the Board of Supervisors, as is done with some other city commissions?

2. Listen to the residents, damn it! While it is refreshing to see the mayor look for solutions to the rampant problems at the SFHA, a panel of national experts is hardly necessary. The best experts are right here. They are residents, and they are clamoring to have their voices heard. Conduct a local survey, have regular open meetings, encourage the formation of resident councils, work with service providers and community groups that reach out to residents, and allow for resident participation as much as possible.

3. Talk among yourselves. The same lessons we learned after Sept. 11 and Hurricane Katrina apply to this disaster as well. City agencies that serve public housing residents are often unaware of the major issues at public housing developments. The Departments of Building Inspections and Public Health, for instance, should be monitoring conditions and reporting to the mayor and the supervisors. The Mayor’s Office of Housing should be working closely with the Redevelopment Agency, the Office of Community Development, and the Human Service Agency as they plan for the demolition and rebuilding of distressed projects. City officials and agencies shouldn’t have to pull teeth to get basic information from the SFHA.

4. Tell Nancy Pelosi and her colleagues to fight like hell. Whoever leads the Housing Authority in the future will always have a defense against charges of not addressing poor conditions because Congress keeps hacking away at the Department of Housing and Urban Development budget. We have powerful congressional representation in San Francisco; let’s push harder.

5. Step up to the plate to provide local resources to improve public housing. As hard as we fight to leverage more federal funds, it is nearly certain that the SFHA will still be severely underfunded. We can no longer rely solely on federal funds to house our lowest-income residents. A commitment to creative and innovative local funding solutions must continue or we will see an increase in the exodus of African American families, which the mayor claims to be committed to curbing.

Sara Shortt

Sara Shortt is executive director of the Housing Rights Committee of San Francisco.

Imagine San Francisco without rent control

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OPINION If you think the mortgage foreclosure crisis is big, imagine what would happen to San Francisco if rent control were repealed.

With 180,000 rent-controlled apartments currently housing more than 350,000 San Franciscans, the end of rent control would be disastrous. Literally hundreds of thousands would be forced from their homes and forced to leave the city.

The pain and suffering people would face as they lost their homes would be immense, making the foreclosure problem seem insignificant by comparison. Maybe even worse, repealing rent control would destroy forever the soul of San Francisco, eliminating altogether the city’s character and diversity and leaving it nothing more than a wealthy enclave affordable only to the very rich.

Envisioning the loss of rent control and the effect that would have is not fantasy. A statewide ballot measure this June would abolish rent control in San Francisco and all across California. The measure would also abolish requirements that developers include affordable housing in their projects. That means we could wake up on June 4 this year with all affordable housing in San Francisco gone — unless we all work as hard as we can to save our rent control and our affordable housing.

In 1979, rent control was adopted in San Francisco, and it was accomplished only because thousands of San Francisco tenants made it happen. People collected signatures, made phone calls, walked precincts, packed City Hall hearings, and demonstrated and marched. Through collective grassroots activism, rent control became a reality. Now many of us think of rent control as something we’ve always had and a law that will always be there.

But we need to face reality: in five months, all limits on rent hikes could be gone. It won’t be easy to save rent control, and we need to begin our work now. The fate of rent control will largely be up to voters in San Francisco and Los Angeles, where most California renters live. Los Angeles tenants are organizing and mounting a strong campaign there. We need to do the same in San Francisco.

The San Francisco campaign to save rent control will kick off Jan. 19 with a citywide mobilization of tenants and allied organizations to plan and begin our work. If we’re going to save rent control, we need the same level of grassroots activism we had when we fought to get rent control in 1979, and we need tenants to come to the Save Rent Control Convention and begin the hard work to keep our homes.

This will be a working convention: following an overview about the measure, we will map out strategies and plans for fundraising, voter registration and education, media strategies, Web site development, rally organization, and all of the other components that make for a successful grassroots campaign. The tasks are many, and there’s not much time.

If we lose rent control, we’ll lose not just our homes but also our city. Saving rent control is not a fight people can sit out and hope someone else will do something about.

Ted Gullicksen

Ted Gullicksen runs the San Francisco Tenants Union.

The Save Rent Control Convention will be Jan. 19, 1–4 p.m., at Centro del Pueblo, 474 Valencia (at 16th St.), SF. For more information on the rent control repeal measure, see www.saverentcontrol.net or www.sftu.org. For more information, call (415) 282-5525.

Taste the dub: Surya Dub steps to

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In this week’s Super Ego I dump out all the 2007 trash and ring in the new with tribute to one of my fave clubz, Surya Dub. Surya hits its first anniversary on Saturday, Jan 26 at Club Six — be there y’all! — and in honor of the gloriously woozy-dub, bhangra-bangin’, wacky breaks occasion, I asked resident DJ and cofounder Maneesh the Twister a few choice q’s.

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Maneesh — ain’t he cute?

What would you categorize most of the music you guys play/host as? It seems to be so much more than dubstep/bhangra …
Well we call this music “Dread Bass Music” because there is not really a genre that fully encompasses what we do. Obviously there is a heavy bass component which is the foundation and a prominent dub influence, but one of the main goals with Surya is to bring seemingly disparate music styles and communities together, hence our vision to bridge the gap between organic styles such as reggae, bhangra, and global beats and more ragga electronic styles such as dubstep, glitch, breakbeat, & drum’n’bass. And as a result this brings together different communities of people from more commercial reggae/dancehall crowds to more underground club culture and Burning Man folks to some of the global beats crowd.

A Bit of Surya Dub

Any comments on the state of San Francisco club music at the moment?
Well I have to say that it has been more refreshing this year than the last few years which def seemed like a slump for underground music of all styles from club culture to indie rock. There def is a nice bubbling energy of creativity again and I think everyone is feeding off of that. I really have enjoyed some of the Surefire Dubstep events, Grime City, and NonStop Bhangra and if I may be biased, dub mission. Some Bay Area artists pushing boundaries and really making a mark in my opinion are Roommate, Kush Arora, Juju, Process Rebel, & Matty G.

Shut down the zoo

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OPINION In San Francisco’s June 1997 special election, the swells convinced the voters to float $48 million in bonds to build a "world-class" zoo, which would entail largely privatizing a public institution, leaving the city on the hook for liabilities while giving a private nonprofit the benefits.

The initiative passed — you can’t get warmer or fuzzier than a tiger or a koala — and the San Francisco Zoo, relinquished to the tutelage of corporate fixer Jim Lazarus, was largely gifted as another privatized party space for the rich.

The case might be made that zoos can serve as genetic incubators in the face of widespread habitat destruction. But the city’s precautionary principle, like the Hippocratic oath, should prevail on us to do no harm in seeking to prevent extinction.

The record of the privatized Zoo has hardly been a story of precaution:

In 2000, two already sick koalas were kidnapped from the Zoo and not returned for two days.

A 12-year-old Siberian tiger, Emily, died in October 2004. Tatiana was just murdered at age four. Siberian tigers generally live to be 24 years old in captivity.

Two elands, majestic African antelope, were introduced improperly into close quarters with an already resident eland at the Zoo, which led to a spate of deadly eland-on-eland violence and the deaths of the two newcomers.

Apparently, shoddy attention to detail hastened the demise of Puddles the hippopotamus in May 2007. Hippos, like African elephants, thrive in nature preserves located in their native tropical habitat.

If zoos are to be a successful component of protecting endangered species, it’s paramount that their conditions not kill the specimens. Perhaps an affiliation with a major research institution is required to ensure that professionalism is the order of the day to ward against what appears to be amateur hour at the zoo.

It’s one thing for the swells to occupy public spaces such as the de Young Museum, City Hall, and the San Francisco Public Library as edifications to their egos — only fellow humans are inconvenienced. But for the rich to wrap themselves in the distinction of being movers and shakers in the San Francisco Zoological Society and wring glee from the glow of imprisoning animals in inhospitable conditions is truly pathological.

The Zoo should be closed, its animals sent to facilities capable of caring for them, and the land used for affordable housing. The city should replace the Zoo with an academic partnership with legitimate wildlife sanctuaries around the world to subsidize conservation, produce video footage of animals in their natural habitats, and arrange trips to see wild animals in the wild for San Francisco youths who otherwise could not afford it.

That would be a true 21st-century, world-class approach to bringing the wonder of exotic animals to San Franciscans.

Marc Salomon

Marc Salomon is a member of the SF Green Party County Council.

Tiger tales

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More on the SF Zoo:
>>20 Questions the zoo won’t answer
>>Editorial: Take back the zoo
>>Opinion: Shut down the zoo
>>From 1999: The Zoo Blues

› news@sfbg.com

When I first heard about the attack at the San Francisco Zoo, I felt strangely vindicated to learn that a Siberian tiger had been involved. I am irrationally prejudiced when it comes to big cats: I don’t like Siberians. Of all the tigers, lions, jaguars, and other exotic animals I have known in my day — and I grew up on a wild animal farm, so I have known quite a few — the only ones that truly frightened me were a chimpanzee named Lolita and a pair of Siberians (they’re known as Amurs now) that lived in an old shed about 100 feet from my front door.

When I read in March that two chimps from a California primate sanctuary had attacked a 62-year-old man, biting off much of his face, tearing off his foot, and mutiutf8g his genitals, I thought of Mike’s thumb. And when I heard that Tatiana had attacked three young men, killing one of them, I immediately thought of his ear.

Mike Bleyman was a biologist who built a research and breeding compound outside Pittsboro, NC, and like many exotic-animal fanatics he had a tendency to lose body parts. Fortunately, the surgeons in Chapel Hill were skilled at sewing them back on.

Mike was also my stepfather. My parents divorced when I was in junior high, and when my mother moved in with Mike on "the farm," I went with her.

I was present when Lolita bit Mike’s thumb right through the bone, almost severing it completely. I was away at college when the tiger got him.

Mike had arranged a trade with the Albuquerque Zoo in New Mexico — two Siberians and a Himalayan black bear for a young Sumatran tiger. Mike hit both tigers with tranquilizer darts. But ketamine, the drug of choice for sedating big cats, takes several minutes to work, and being an impatient man who didn’t play by the rules, Mike entered the cage before the recommended time had passed. When he approached the male, the female roused herself. She slashed Mike across the back, dislocated his elbow, and removed his ear.

The fact that Mike was able to extract himself from the cage alive is testament to the fact that the ketamine had at least begun to have an impact. Siberian tigers are not creatures you want to mess with.

Our other tigers, all Bengals, were sociable and playful. As I walked by they would chuffle their hellos. I would chuffle back and reach through the fence to scratch their necks or rub their noses. The Siberians, however, had a flat affect, rarely vocalized, and menacingly tracked passing humans.

I know it’s not fair to judge an entire subspecies by two individuals, and these cats had every reason to be sullen. They had evolved to preside as alpha predators over rugged territories of hundreds of square miles, and they were being forced to live sedentary lives in a gloomy shed probably no bigger than 200 square feet. But fair or not, they freaked me out.

I have been thinking a lot about those cats in the past couple of weeks as I have read the news stories coming from San Francisco. As someone who has bottle-fed several cubs, built my share of tiger cages, and shoveled more than my share of tiger shit, I know more than a little about Felis tigris.

I have been equally fascinated, if not more so, by the behavior of the other species that populates this tragic tale, the one known as Homo sapiens. In addition to being a former tiger farmer, I am also a journalist who once covered San Francisco politics. I still work occasionally as a communications consultant to nonprofits, and in my day job I am a manager of a small state agency and work regularly with elected officials. So when I look at this story through the lens of a behaviorist, I think about the traits of various human subspecies — politicians, bureaucrats, managers, spin doctors, journalists, self-proclaimed experts, and supposed guardians of health and safety. Frankly, I am not impressed.

Tatiana was killed for being a tiger. Tigers have only one self. They are what they are; end of story. Humans are a different order of being: we are capable of self-deception. We can lie to ourselves, we can deny what is right in front of us, we can try to shift blame, and we can avoid the things we know we should face.

And thereon hangs this tiger tale.

TARZAN AND TIGER ISLAND


People have often asked me over the years why my stepfather had all of his animals. I like to tell them it was because he thought he was Tarzan. It’s not the absolute truth, but it is as valid as any other answer.

It started in the 1970s, when he just drove down to Florida one day and came back with a tiger cub.

For her first several months there, Gretchen had the run of the farm. I remember one weekend when Mike was teaching us to shoot: my sister Gwenn was lying in the bed of a battered red Toyota pickup, one eye closed and the other sighting down a rifle barrel at a paper bull’s-eye. She never saw the tiger stalking her from behind. As soon as Gretchen was near enough, she closed in a sudden burst, easily cleared the side of the bed, and landed squarely on Gwenn’s back. Gwenn just huffed, "Gretchen, get off," and calmly squeezed the trigger.

Gretchen, however, was soon too large to be treated like a funny-looking dog. Mike hired a backhoe operator to dig a moat around a knoll where an abandoned farmhouse perched. The man arrived on a day when Mike’s very wild foster daughter, Dianne, had cooked brownies. The backhoe operator didn’t realized they were laced with pot and ate a few. It took a long time to finish the job, in part because the guy kept nodding off, and in the end the moat had a peculiar shape.

Mike didn’t mind. He just put up an acircular fence around the acircular moat and called it Tiger Island.

The fence was 12 feet tall and built of heavy-gauge chain link. A barbed-wire overhang jutted inward from the top at a 45-degree angle. A tiger might be able to leap to the top of a 12-foot fence, but the moat meant there was no solid place from which Gretchen could launch herself.

If she tried to hurdle the fence, she’d have to start at least 10 feet back. And if she crossed the moat and pulled herself onto the narrow bank, she would have to jump straight up. That would mean an encounter with the overhang. She wouldn’t climb the fence because chain link is too wobbly. It was the way the moat and the fence and the overhang worked together that made the compound secure. Even when the moat ran dry in later years, a tiger would still have had to jump from the bottom of the dry moat, making the total leap on the order of 16 or 17 feet.

In other words, a stoned heavy-equipment operator and a somewhat oddball zoologist, with a few thousand dollars’ worth of chain link and barbed wire, managed to make a very secure tiger pen. I have to wonder why the privatized San Francisco Zoo, with millions of dollars in bond money and a director who earns $339,000 a year, couldn’t.

THE MISSING WALL


Early reports from San Francisco described the tiger grotto as having a wall and a moat as if they were separate things and gave dimensions for both — initially 15 feet for the moat and 20 feet for the wall. When I read that, I began examining aerial photos to look for other points of egress. I studied the height and the angle of the side walls.

All tigers can climb trees. Amur habitat includes mountain ranges. They don’t like steep slopes, but they’re capable of scrambling over rocky faces. Perhaps Tatiana got out that way, I thought, but I soon rejected the idea.

The aerials showed me the initial reports were inaccurate. There never was a wall and a moat. Tatiana’s compound was nothing like Gretchen’s. There was only a moat, and the so-called wall was simply the far bank. The moat isn’t, in zoological terms, either a physical or a psychological fail-safe. It’s simply a way of recessing a wall into the earth so it doesn’t block human sight lines.

A dry moat can actually be worse than a wall because the far bank gives a tiger launching points. When the jump-off point is around the same elevation as the top of the far bank, as it is at the San Francisco Zoo, the moat’s depth may not matter. The question becomes not how high the tiger can jump but how far it can leap. History and a close look at pictures of the grotto suggest that is exactly the question San Francisco and zoos everywhere should be asking.

One rule of thumb is that a moat needs to be four times the average body length of the species it is suppose to contain, which for an Amur is just an inch shy of six feet. That means a moat should be at least 24 feet across. I’m skeptical of this calculation. Mean body length for a mountain lion, for example, puts the recommended moat distance at just over 13 feet, yet there are credible reports of mountain lions leaping 35 feet.

An alternative is the cat’s known leaping distance plus 20 percent. The oft-reported leaping distance is 20 feet, so the minimum width would again be 24 feet. There are accounts of tigers leaping 30 to 33 feet, but I have not been able to determine whether these were documented. In China, the Yangtze River runs through Leaping Tiger Gorge, so named because a tiger leaped the river to escape a hunter, according to local lore. The river at its narrowest is about 82 feet wide. The story is a fable, but it gives you a sense of the tiger’s reputation as a prodigious leaper. Based on my years of observing tigers at play, 30 feet does not seem at all out of the question.

Such calculations likely contributed to the standards of two Association of Zoos and Aquarium committees. Both the AZA Felid Technical Advisory Group and the AZA Nutrition Advisory Group recommend a minimum width of 25 feet for a tiger moat.

So imagine my reaction when Zoo director Manuel Mollinedo stated his belief that the tiger could not have escaped from the moat, while also saying that according Zoo records, the moat was 20 feet across. I have never met Mollinedo, and he didn’t return my calls, but in my opinion the man has no idea what he is talking about.

Then came reports that the moat is 33 feet across. Well … sort of, maybe, kind of. It may be 33 feet from wall to wall, but the bank on the grotto side slopes to a flat floor 20 feet across. Some clever bloke decided to make the transition look more natural by placing fake boulders atop the slope. These project out into the moat and in some cases rise above the grotto floor. A tiger that launched from the lip of one of these would have to cross far less than 30 feet.

I asked the Zoo for the narrowest leap between the outside wall and these "rocks." Zoo officials didn’t respond. So I went out there with my tape measure.

The tiger grotto is closed off, and Zoo officials also declined to answer my request for access to the area. But through a side window I was able to study a neighboring lion grotto with a similar design. A rock ledge stuck out into the moat more than seven feet, leaving a gap I measured along the outer wall at about 25 feet. Using aerial photographs and online measuring tools to look at Tatiana’s grotto, I repeatedly got widths of less than 24 feet.

In other words, the width of the moat most likely does not meet AZA standards, which could hardly be described as overly cautious.

NO MARGIN FOR ERROR


The world soon found out the bank of Tatiana’s grotto was less than 12.5 feet high, and experts quickly agreed that a motivated tiger could have surmounted the wall. Yet Mollinedo was still expressing disbelief.

We know tigers pluck monkeys from tree branches, bound over steep rock faces, and jump on the backs of large prey. But how tall do they stand, and how much can they elevate? The best evidence I can find of an Amur’s reach comes from the field studies of Anatolii Grigor’evich Yudakov. One way Amurs mark their territory is by making scratches high in the bark of trees. Yudakov measured these marks at 210 to 290 centimeters, or roughly 7 to 9.5 feet.

For an Amur standing on its hind legs to reach the top of a 12.5 foot wall, it would have to elevate another 3 to 5.5 feet. Remember Gretchen jumping effortlessly over the side rail of a small pickup? Four feet.

A major prey species for Amurs is the Manchurian red deer, which stands up to five feet at the shoulder. Though not sourced, many references report a vertical leap for tigers of six feet. Take a tiger with a reach of almost 10 feet and a vertical leap of six feet, and suddenly the industry standard of a 16-foot wall has no appreciable margin for error.

Then there are the events of May 14, 1994, when a Bengal tiger in India’s Kaziranga National Park attacked a man on the back of an elephant. According to a press release from Wildlife Trust International, executive director Vivek Menon reviewed footage of the attack and exclaimed, "I could never imagine that a tiger could so effortlessly leap from the ground onto an adult elephant’s head, which is at least 12 feet above the ground."

There has been much speculation about whether a captive tiger is capable of matching the jumping ability of a wild cat. Presumably a confined tiger would be sluggish, out of shape, her muscles atrophied. No one to my knowledge, though, has studied the sports physiology of tigers.

I can say from personal experience that even captive tigers are incredibly agile and powerful. We had a Bengal named Engels (the litter was born on May Day) who lived on Tiger Island. One day a female Bengal tried to snatch some food from him. He swiped at her almost casually, hitting her in the side. The force of the blow immediately stopped the young tiger’s heart, and she fell over dead.

THE LONG JUMP


So what happened that day at the Zoo? So far, none of the witnesses are talking. Media accounts suggest one scenario: Tatiana may have stood on her hind legs against the wall, pushed off from the bottom of the moat, grabbed the top of the wall with her front paws, and leveraged herself up and over by digging her hind claws into the wall. That’s conceivable, I guess. Tatiana may even have escaped before the attack and waited for her prey in the tall grass beside the moat.

I have a very hard time imagining that, though. For one thing, the wall curves outward at the top. For another, such methodical, incremental movement is not typical of a tiger. They stalk their prey slowly, but in a brutal burst, they close with amazing speed. I am convinced Tatiana exploded from the grotto, landed on the lip, and then powered her way up. Whether she sprang from one of the protruding rocks, the sloped bank, or the moat floor is almost immaterial, but I am inclined to believe she jumped over the moat.

Strangely, Mollinedo may have been on the right track at a Dec. 28 press conference when he said, "How she jumped that high is beyond me." She may not have jumped high at all; I suspect she just jumped long.

I base this on my observations of tigers and my study of grotto photographs, but it is supported by history. There are three known escapes from Tatiana’s grotto and one near escape. In one case the escape went unwitnessed.

Keepers Jack Castor and John Alcaraz walked by the grotto one day a few years back and saw a Bengal named Jack wandering outside, Alcaraz told me by phone. They yelled at him, and he jumped back in.

David Rentz witnessed another escape in 1959, when he was a young Zoo volunteer. He’s an entomologist in Australia now, and he recently wrote in his blog that the tiger "flew across the moat from his position on the other side … and sprung back to the grotto all in one graceful movement." There had been previous reports this same tiger could jump the moat.

Then there’s the near escape witnessed by Marian Roth-Cramer in 1997. In an interview in the Dec. 27 San Francisco Chronicle, she said, "I saw the tiger leap over the moat." This makes me wonder why so much coverage has focused on the height of the wall and not the width of the moat.

Media coverage has also focused on whether the men taunted or teased Tatiana. I find this discussion ludicrous. Zoos know animal abuse comes with the territory. They must anticipate it, prevent it, and prepare for its consequences. It’s part of the job. And besides, how does one taunt a tiger?

When I think of taunting, I think of the French kibitzers and King Arthur’s men in Monty Python and the Holy Grail, a scene reprised in Spamalot. I imagine some kids shouting into the grotto, "Your mother was a wild boar, and you father smelt of porcelainberries. I scent-mark in your general direction."

Teasing a confined animal means tempting it with something it can’t have — a ball, say, or your throat.

Tatiana wasn’t teased. She got what she wanted.

Tigers attack for limited reasons — they see you as prey, they see you as a threat to them, their cubs, or their food, or they dislike you because of something you did to them. Perhaps Tatiana saw the young men as a threat. Perhaps they pissed her off. But a simpler explanation is that their behavior got the cat’s attention, and perhaps they crossed the fence and got too close to the edge, until at some point Tatiana identified Kulbir Dhaliwal as prey that had come within range. It seems significant that the attack occurred at twilight, since tigers are crepuscular, meaning they are most active then. It’s their favorite time to hunt.

Naturalist and western novelist Dane Coolidge wrote in 1901 that Indians classify tigers as game killers, cattle lifters, or man killers. People have suggested tigers become human killers because they develop a taste for human flesh. I believe tigers will eat almost anything — but they’re wary of taking on prey that might fight back effectively. They lose any hesitancy when they discover just how vulnerable we humans are. Tatiana proved she had no inhibitions about dining on human flesh when she attacked keeper Lori Kamejan in 2006.

Carlos Sousa Jr. apparently tried to distract Tatiana from her attempted "kill," and I use that term loosely since tigers naturally feed on prey that is still alive, and captive tigers are in-between creatures, psychologically speaking. Wild cubs learn from their mothers to dispatch prey effectively, but captive-bred tigers are never taught that skill. In terms of hardware, they may be the world’s finest killers, but their software is buggier than Windows Vista.

Tigers often have to protect their prey after an attack. They are followed by wild dogs and bears that try to scavenge their kills, and herd animals will sometimes try to rescue a herdmate. Tatiana most likely fought off the threat from Sousa, slashing his throat in the process, then tracked her wounded prey to finish what she started. It wasn’t a rampage, a vicious and angry outburst, as media reports have described it, just the methodical, instinctive actions of a top-of-the-line predator.

THE BIPED PROBLEM


If you look at what led up to Tatiana’s escape, you follow a trail of denial and avoidance.

Consider the players, starting with Zoo management and keepers.

Zoo staffers have known for almost a half century that a tiger could jump out of that grotto. Carey Baldwin, then the Zoo director, witnessed the escape with Rentz in 1959. His solution, according to Rentz’s blog, was to post instructions to keep the offending tiger indoors. Castor’s solution to Jack’s escape was to fill the moat with water, according to Alcaraz, but that practice ended after Jack died. Neither solution was permanent or designed to deal with the next strong-legged, strong-willed tiger to come along.

When Roth-Cramer witnessed the near escape, a passing keeper apparently laughed it off. She reportedly wrote a letter to then–Zoo director David Anderson, but there is no evidence her letter produced any response.

As far as we can tell, no one ever tried to convince the AZA or federal regulators that they needed tougher standards or tougher enforcement. No one took the story to the press or published a journal article to warn other Zoo professionals. No one posted public warnings, ordered changes to the grotto, banned tigers from the exhibit, or shut the lion house.

Mollinedo should have known about the problem if his keepers knew. But there seems to be a lot he doesn’t know, and previous Guardian reports and a recent Chronicle article suggest communication has broken down between employees, particularly keepers, and Zoo management. Lower-level staff complain of not being heard, not being consulted. Morale is low. Institutional knowledge is being lost as keepers quit in frustration.

And what about the regulators? Ron Tilson, the conservation director of the Minnesota Zoo, said in a Dec. 27 Chronicle story that the AZA standard, which he said was seven meters (closer to 23 feet), is "very conservative." Yet this has less than a 20 percent safety margin when you consider the conventional wisdom about how far a tiger can jump, and it is far less than reported leaps of 30 feet or more.

The day after the attack, the AZA issued a statement that "AZA accreditation standards contain no specific dimensions for big cat enclosures." The AZA did not return calls seeking comment, but what it provides is really a set of guidelines produced by advisory committees for a voluntary association composed of the very institutions being regulated. The guidelines aren’t consistently known and have never been fully implemented.

We know the AZA accredited the San Francisco Zoo despite a wall almost four feet shorter than the recommended height.

In 1974 the Philadelphia Zoo surveyed 10 other zoos about their tiger moats. It published the findings in the 1976 International Zoo Yearbook. San Francisco reported its moat was 13.5 feet deep. Detroit said its moat was 15.5 feet deep. Chicago’s moat was only 21 feet wide, and Tulsa reported between 15 and 20 feet. Oklahoma’s moat was only 17 feet wide. Half of the surveyed zoos couldn’t meet AZA recommendations.

There are signs the San Francisco Zoo did not meet other AZA standards. For example, the AZA’s 2008 Accreditation Standards and Related Policies states, "A written protocol should be developed involving local police or other emergency agencies." On Jan. 3, I e-mailed 20 questions to the Zoo’s public relations firm, many of which related to AZA standards. For example, I asked about the last emergency drill and about gun training. I also asked for copies of related Zoo policies. The Zoo never responded. But the next day Mollinedo announced that the Zoo is working with police at Taraval Station on a coordinated emergency response and that police and Zoo shooters will be training together.

The United States Department of Agriculture regulates zoos as exhibitors under the Animal Welfare Act. That act and the rules written to implement it are primarily meant to ensure healthy conditions for the animals. They contain specifications for the size of the fences around the outside of a zoo facility to keep unauthorized people out, not for the fences separating the animals from visitors.

And local oversight? The city owns the grounds and the animals. Zoo employees are part of the city employees union. But since 1993 the nonprofit San Francisco Zoological Society has owned the institution and operated it under a contract with the city. There were problems at the Zoo when the city ran it, but, as Sup. Tom Ammiano told me, "Nobody died."

The contract retains a role for the city through a Joint Zoo Committee of society board members and Recreation and Park Department commissioners. I have gone though the minutes of that committee going back several years, and I have to say the committee provides as much oversight as the stuffed animals in the Zoo’s gift ship. As Ammiano put it, "It’s all lip service."

The employee relations problems, the animal injuries and deaths (see Opinion, page 7), and other management issues at the Zoo are nothing new. Savannah Blackwell reported on these same sets of issues for the Guardian twice — see "The Zoo Blues" (5/19/99) and "The Zoo’s Losers" (5/7/03) — and there is no indication anything has been done.

The city’s contract with the Zoological Society and the Joint Zoo Committee should mean Zoo documents are public under the city’s sunshine laws. But the Zoo has not been forthcoming with key documents requested by the media. Sup. Sean Elsbernd has called for hearings, and Ammiano said there will be multiple hearings. "I think the key issues are accountability and transparency," he said.

The Zoo’s high-priced director has demonstrated that his knowledge of the animals under his care, the condition of his facilities, and the concerns of his staff are embarrassingly limited. In press conferences he looked befuddled, evaded questions, broke every rule of crisis communication, and speculated about the victims without clear information.

The Zoo hired Sam Singer, supposedly a crisis communication specialist, but I have attended multiple trainings in crisis communication, and I have to say he seems more like a fixer to me. And despite this, Mayor Gavin Newsom and the society’s board publicly support Mollinedo.

Mollinedo and his PR people have tried to direct blame toward the victims. Perhaps they were drunk, stoned, rowdy, throwing things — but if Tatiana was killed for being a tiger, it could also be argued that Sousa was killed for being a young man.

There’s a whole process of brain development that scientists are now beginning to understand. The maturation of brain cells through something called myelination starts from the back of the brain. The front of the brain, the seat of executive functions like judgment, matures last. Young people often don’t make good decisions. Boys, in particular, take unnecessary risks.

In the public health world, we understand this and concentrate on policies that control risk and reduce harm. This doesn’t mean we shouldn’t hold the survivors accountable for anything they might have done, but it does mean the Zoo has no business shifting the blame.

So where does that leave us? It leaves us with more avoidance than a tiger has stripes.

In the end, this was a human problem. People weren’t doing their jobs. They had not taken action when it was clearly needed. And in the end, the only innocent creature in this drama was the one that had no choice other than to be what she was. Her name was Tatiana.

And now she is dead, along with a young man whose parents loved and miss him very much.

Craig McLaughlin is a former Guardian managing editor. He is coauthor of Health Policy Analysis: An Interdisciplinary Approach (Jones and Bartlett, 2008).

The questions the zoo won’t answer

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Editors note: Craig McLaughlin sent the following questions to the office of the zoo’s hired flack, Sam Singer. We received no reply by press time.

I was raised around tigers. I know their habits and capabilities and was personally involved in constructing cages for them. I have been amazed by some of the comments attributed to Mr. Mollinedo in local news accounts. He initially reported that the wall of the moat was 20 ft high but the moat was 20 feet across. The difference between the elevations of the grotto and the viewing area is clearly, by any direct observation, only a few feet. That means that regardless of the depth of the dry moat, there is a question of whether the tiger could simply leap from bank to bank. Conventional wisdom in the tiger literature is that they can jump 20 feet, and there are accounts in the literature of leaps as long as 30 or even 33 feet. Given this, it makes no sense based on records available to Mr. Mollinedo that the grotto could be considered secure. In the end, we learned the moat’s width varied from 20 to 33 feet depending on how far one descended, but that the far wall was only 12.5 feet. Mr. Mollinedo then expressed surprise that a tiger could leap or climb over a wall of that height. Given my own knowledge of and direct observation of tigers, a tiger making that leap, even a captive tiger, is not surprising in the least, and taunting would not be a prerequisite. I would have to say that Mr. Mollinedo has no idea what he is talking about when it comes to tigers, and would even go so far as to say it was idiotic for him to make the comments he did–and I am prepared to say that in print. Does Mr. Mollinedo or your firm have any response?

1. Please provide a copy of the zoo’s written protocol concerning tiger escapes.

2. What is the size, caliber, and make of the zoo’s kill rifle(s)?

3. Where is it/are they stored?

4. How many people are authorized and trained to use it (them)? How often do they practice?

5. How many of those people were on the zoo grounds from 5-5:30 pm Christmas day?

6. Was a kill rifle (or rifles) and/or a shooting team deployed during Tatiana’s escape?

7. Minutes of the San Francisco Joint Zoo Committee talk about the improvements, including improvements to the lion house, providing keeper staging areas. Where is the nearest staging area to the to the tiger grotto and was it staffed at 5 pm on Christmas day?

8. When was the last date that the zoo conducted an emergency drill for an animal escape? AZA accreditation standards state “Emergency drills ensure that the instiutution’s staff know their duties and responsibilities and know how to handle mergencies properly when they occur…. Emergency drills shouldbe conducted at least once annually for each basic type of emergency.”

9. Please provide a copy of the record and evaluation of the last animal escape emergency drill? AZA standards state that “these drills need to be recorded and evaluated … Records of these drills need to be maintained.”

10. What training do security personnel recieve in how to respond to an animal emergency. How long is the training, who provides it, and are refreshers required? Had security personnel on duty that night been trained?

11. Why did cafe personnel not let the injured patrons inside so they would not be subject to further attacks? What are the policies about sheltering patrons in concession, entertainment and administrative areas during an animal attack?

12. Please provide a copy of the written protocol between the zoo and local police and other local emergency responders as required by AZA standards.

13. The Chronicle and other sources have reported that the tiger grotto was refurbished/remodeled recently and the cats returned in September. Is this true? Please describe what alterations or improvements were made? What contractor did the work? Was an architect involved in preparing plans and if so, who and at what firm? Was Tatiana housed in the same grotto prior to the remodel? Were keepers consulted in the rennovations?

14. There are at least two credible media accounts of tigers escaping from that grotto previously and one account of a near escape. These were known to keepers and in one case reported in a letter to zoo management. Was the zoo director aware of any of these accounts? Should he have been?

15. It is common practice in the business, public and nonprofit sector to consult with subordinates when conducting performance reviews of senior managers (a so-called 360 is one of the best known examples). When was the last performance review of Mr. Mollinedo conducted? Were keepers and other direct and indirect subordinates consulted as part of that review? Does the zoo have written policies in place concerning executive performance reviews? If so, please provide a copy.

16. I believe the zoo’s agreement with the city makes clear that zoo documents should be made available to the city Rec and Parks Department and therefore should be available to the public under the city’s sunshine law. The zoo, however, has not been forthcoming with specifics about the incident or readily provided related documentation. Why is this and how is this allowed under the contract?

17. Who was the designated person for emergency contact for the zoo at the time of the escape? When was that person accessed and by what form of communication?

18. Your firm specializes in crisis communication. The field of crisis communications is well established and has some commonly accepted principles. One of these is truthfulness–officials and spokespersons should be forthright and direct when communicating with employees, the public and the media. Another is timeliness–respond quickly to media and legal inquiries and be be proactive. Expressing empathy and putting people first are also important. Accepting responsibility goes a long way and blaming and attacking is contraindicated. As a public health official, I have been trained in crisis communication. Zoo management seems to be evasive and not forthcoming. Requests for interviews have not been responded to. How do you think the zoo performed initially in this regard and how have things changed since your firm became involved? For example, simple questions are still not being answered. I was surprised to know the zoo had been closed for a long time for a variety of reasons (including the fact that it was a crime scene) and then after they hired your firm, the Web site announces the zoo is closed in honor of the victims. This seem disingenuous to me. I find it dubious that that was really the motivating factor for the extended closure. Any response? (My own opinion is that given joint oversight, the wording of the agreement, and the fact that many dispositions will be conducted, I see no advantage to not responding affirmative and immediately to requests for information and records.)

19. Did the zoo have a media relations policy in place concerning employee interactions with the media prior to this incident. If so, please provide a copy.

20. Does the zoo have a response to SF Chronicle articles that paint a picture of poor management and very bad employee morale at the zoo?

Cindy Sheehan’s SF values

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OPINION A major difference between Rep. Nancy Pelosi’s values and my values surfaced last month.

On Friday, Dec. 14, I learned that since 2002, Pelosi has been a silent partner in the George W. Bush regime’s torture policy. As a Bay Area resident for the past 15 years, I can say with confidence that the use of torture is not a San Francisco value.

According to a Dec. 9 Washington Post article, Pelosi was one of four members of Congress to witness a "virtual tour" of secret CIA detention sites. Officials have described the briefings as "detailed and graphic." The article, by Joby Warrick and Jan Eggen, revealed that the House Intelligence Committee received 30 briefings on the CIA’s torture chambers and the "harsh techniques interrogators had devised to try to make their prisoners talk."

In 2003, Congressperson Jane Harman (D-Calif.), who was also present during the briefings, filed a letter of protest over the interrogation program. After the Democrats won control of the House in 2006, Pelosi passed over Harman, who was in line for chair of the Intelligence Committee, instead naming Silvestre Reyes (D-Texas) to the position. Harman, who publicly voiced her discontent at her demotion, was punished for speaking out when Pelosi would not.

Pelosi and I both know that the use of torture is outlawed under both the US Army Field Manual and the Geneva Conventions. I have chosen to speak out against the Bush administration’s use of torture. Pelosi has chosen to remain silent.

Through her complicity and her actions, Pelosi continues to support an illegal policy that harms our soldiers in the field and is counterproductive to winning the hearts and minds of the Arab and Muslim world. Even committed warmonger Sen. John McCain (R-Ariz.) realizes that the use of torture as a tool to garner information is a flawed and inhumane strategy.

Pelosi has used her position as Speaker of the House to protect the criminal Bush regime, and although she has pledged to hold the president accountable for the Iraq war, she continues to give him the money, and therefore the means, to wage it.

San Franciscan values are good values. We want every person to be guaranteed the very same basic human rights that Pelosi and her wealthy cronies enjoy: peace, shelter, nutritious and plentiful food, health care, education, and the right to live free from torture. I would add the right to marry whomever one loves regardless of gender or orientation.

The neocon hatemongers have tried to make the word liberal an obscenity. Fox News jester Bill O’Reilly has publicly stated that al Qaeda can "go ahead" and "blow up" San Francisco. We cannot allow our values to be marginalized and ridiculed any longer. Our values must spread across this nation because we care about people and we care about true freedom and real representative democracy.

Pelosi abdicated her role as defender of our values and needs years ago, but especially so when she countenanced torture and refused to impeach the Bush regime when San Franciscans voted overwhelmingly in a referendum for impeachment.

The choice is simple and clear in California’s District 8. If you want San Francisco values represented in Congress, vote for me in November. If you support torture and war crimes, then vote for Pelosi. *

Cindy Sheehan

Antiwar activist Cindy Sheehan is running for Congress as an independent.

Godzilla versus Mothra

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› sarah@sfbg.com

When retired entomologist Jerry Powell caught two tiny light brown apple moths in a blacklight trap in his Berkeley backyard last winter, he had no idea of the furor his find would unleash — especially in the communities that were subsequently sprayed with female moth pheromones, a process that could come to San Francisco this spring.

Native to Australia and now found widely in New Zealand and the United Kingdom, the LBAM (or Epiphyas postvittana, as it’s known in bug circles) is classified as a plant pest, but it had never before been reported on the United States mainland, though it was found in Hawaii in the late 1880s.

So its discovery, first in Powell’s trap in February and then throughout the Bay Area and the Central Coast in March 2007, drove the US Department of Agriculture to declare a statewide emergency and issue quarantine and extermination directives.

The USDA’s problem, as Powell explained, is that unlike many moths, which only lay eggs on oak trees or eat holes in sweaters, the LBAM can lay eggs on and eat many, many plants.

"From each batch a hundred tiny caterpillars hatch and feed on a wide variety of shrubs and trees, using silk to tie the leaves up into bundles," Powell told the Guardian.

According to the USDA’s Web site, this pest could infest up to 80 percent of the continental US and attack 2,000 types of plants, causing huge economic and environmental damage.

Officials with the California Department of Food and Agriculture estimate the LBAM could cause up to $640 million annually in crop damage and control costs in California alone.

So starting last summer the CDFA required nurseries to either destroy infested plants or treat them with chlorpyrifos, an organophosphate pesticide derived from World War II nerve gas.

The agency also made ground applications of Bacillus thuringiensis (a genetically engineered bacteria) and hand-applied female moth pheromones in other infested areas, including Napa, Vallejo, and Mare Island.

But the agency’s most controversial act was the spraying of entire communities, including Santa Cruz, with Checkmate, a synthetic female moth pheromone made by the Oregon company Suterra. Since male moths use the real pheromone to detect females, flooding an area with similar-smelling stuff is supposed to confuse them and prevent mating.

The controversy, according to four lawsuits filed in Monterey and Santa Cruz counties, in which 73 percent of the moths have been found, began when the CDFA acted with minimal notice, without fully disclosing Checkmate’s contents until after the spraying occurred, and without adequately demonstrating that the moths were enough of an emergency to exempt the spraying from the California Environmental Quality Act.

Not to mention the sentiment, expressed by numerous members of the sprayed-on communities, that they felt as if they had been airlifted into Vietnam. For three nights in a row crop dusters, flying at 500 to 800 feet, traversed the skies, coating homes and gardens, parks and playgrounds with scentless, invisible, and largely untested female moth pheromones while freaked-out citizens were advised to remain indoors to avoid unwanted exposure.

Numerous health complaints were recorded after the spraying, along with questions about the scientific efficacy of the plan and the worry that the CDFA had paved the way to do an end run around due process — and next time could use heavy-duty pesticides.

Gina Solomon, senior scientist with the Natural Resources Defense Council, told the Guardian the spray’s contents are everyday chemicals, often labeled natural or organic, that degrade pretty rapidly into nontoxic by-products.

"But we did have a concern about tricaprylyl methyl ammonium chloride, a mild respiratory irritant, which could be of concern in a high dose to sensitive asthmatics," Solomon said.

Solomon gave the CDFA credit "for not picking a pesticide off the shelf," adding, "But it’s funny to see them trying to do the right thing, then tripping up over the public process. People don’t like planes going overhead spraying stuff and feeling like this is happening without their consent. I feel that if [the CDFA] is going to be inflicting this stuff on us, they need to let people know exactly why."

And with some scientists claiming that pheromones aren’t powerful enough to attract every single moth, Solomon is concerned the CDFA could decide to spray more toxic stuff.

"They could technically spray an insecticide, but I guarantee they’ll face a major protest, and it wouldn’t make any sense," Solomon said. "For all its nastiness, the moth is not a human health threat. It’s a threat to agriculture, nurseries, and gardens. We’re not talking about malaria."

Retired entomologist Powell suspects the LBAM was well established in California when he found it, given that it was trapped in a dozen counties within the next month.

"They had probably been here a few years before they happened to bumble into my light trap," he said. "And whenever you have anything that feeds on all kinds of plants, it doesn’t become a general defoliator but gets scattered around and causes minor damage. The problem is for nurseries that were forced to shut down and fumigate, but it’s not likely to become a noticeable pest in the garden. It’s likely to attract parasites and predators of similar species in the area."

James Carey, a professor of entomology at the University of California at Davis, is not a specialist in the LBAM. But he does know about invasive biology, having worked on the Mediterranean fruit fly. And in Carey’s opinion, the moth can’t be eradicated. It’s already widespread, he said — and disruptive mating pheromones have never been able to eradicate anything.

"It’s not numbers that matters, but numbers of locations," Carey told the Guardian. "It’s like metastatic cancer, where it’s not a matter of a tumor but of tens of thousands of tumors. So any [pockets of moths] that are not 100 percent eradicated can repopulate entire areas."

He acknowledges the USDA’s valid pest-related concerns. "But their entomologists should be able to argue that eradication is feasible, or face the facts that without effective tools not only to eradicate but to detect the moth it’s not possible," he said. "Pheromones are weak tools; not all moths come or respond to them. Even in an orchard they don’t work that well."

Casey warned that the CDFA will try to say that if we can’t eradicate the moth with pheromones, we’ll have to spray more pesticides. "But what if you can’t eradicate it because it’s too far gone?" he asked.

As for the unlikely scenario in which fixed-winged aircraft fly sideways between high-rises and the Transamerica Pyramid as they spray clouds of pheromones across the Castro, Chinatown, and beyond, Carey observed, "These moths can live in little pockets, so San Francisco will become a reservoir for them."

The CDFA’s Steve Lyle told the Guardian that at this point the agency has completed treatment for 2007 and is evaluating what it will do in 2008 and where it will do it.

"It’s fair to say that the entire program is being assessed, but we have made no definitive decisions and made no announcements," Lyle said.

With the Office of Environmental Health Hazard Assessment reassessing whether Checkmate causes harm to people, plants, and pets, Lyle added, "The moth is of serious concern to the feds. Unfortunately, this invasive pest is established in an urban area."

USDA public affairs specialist Larry Hawkins was a little less vague. "Since LBAM has been found in San Francisco proper and in the East Bay, these areas are likely to be treated in 2008," he said. "But we’re considering whether to treat them through ground applications or aerial application."

Hawkins said any control action "will be preceded by informational meetings with the public, so any actions will be fully disclosed."

David Dillworth, executive director of the nonprofit Helping Our Peninsula Environment, which is suing the CDFA over the Monterey spraying, advised San Francisco to get proactive and lean on its elected leaders.

"San Francisco still has time to get Nancy Pelosi and Dianne Feinstein, whose backyards will be sprayed, to put pressure on USDA to stop the eradication, since at this point all they can really do is control the moth," Dillworth said.

Pelosi’s press secretary, Drew Hammill, told the Guardian that Pelosi is "checking with state and city officials regarding the spread of this species.

"While the Speaker understands the consequences this moth can have on our precious ecosystem," Hammill said, "she is also concerned about the prospect of spraying any substance into the air in our city and its possible effects on public health and organic farming in our state."