Opinion

The truth about housing money

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OPINION Just as in war, in 2007 San Francisco budget politics, truth is the first casualty.

Nowhere is this more obvious than in the assertions by Gavin Newsom’s campaign minions that the mayor’s current budget proposal contains a $217.5 million city investment in affordable housing.

The purpose of these claims is to imply that Newsom has voluntarily allocated local tax dollars for this critical need — and that no more should be spent on affordable housing, especially some $10 million for lower-income rental housing production for families with children proposed by Supervisor Chris Daly and the Board of Supervisors.

The facts tell a different story.

First, the impression that this $217.5 million is all local tax money the mayor has voluntarily invested in affordable housing is false. Some $20 million is federal and state money that can be spent only on affordable housing. Another $25 million comes from local sources and also must be used for affordable housing. And $48 million comes from tax-increment funds mandated by a 2005 supervisors policy to go solely toward affordable-housing development.

So about 40 percent ($93 million) of the affordable-housing funding that the Mayor’s Office talks about was money that by law had to go to affordable housing. It wasn’t Newsom’s choice.

Nearly a third of the mayor’s budget for creating affordable housing — some $60 million — is in fact allocated to fund his Care Not Cash program, which was supposed to pay for itself. Indeed, more than twice as much money, $31 million, is earmarked to pay for privately owned, leased residential hotel rooms for temporary housing of the homeless (not producing one new affordable home) as is budgeted for the production of new, permanently affordable lower-income family rental housing ($15 million). The fact is, the 2007–08 Newsom budget cuts $24 million in funds earmarked for new affordable-housing production for families and seniors.

What is most distressing about the half-truths and nontruths in the affordable-housing budget battle of recent days is that the unity between the mayor and the Board of Supervisors — crucial to the expansion of affordable-housing opportunities for San Franciscans and which has characterized the city since the George Moscone administration (some 25,000 permanently affordable homes have been produced in the past 20 years, a figure unmatched in any other mayor American city) — has been placed in peril for short-term political advantage.

But cooler heads have prevailed inside and outside City Hall. Sometimes it is better to shut up and do what needs doing and let the credit fall where it may.

Which is why, when the dust settled last week, no one shouted about the $10 million that was quietly added back into the budget for permanently affordable family-housing production.

But we should all be clear: if we want San Francisco to be as economically diverse as we all claim, then we have only just begun to find the funds needed for more affordable housing. While it may or may not be true that you can never be too rich or too thin, it is most certainly true that San Francisco never allocates enough for affordable housing. *

Calvin Welch is an affordable-housing advocate who lives in San Francisco.

A clear housing choice in the Mission

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OPINION On April 19 the San Francisco Planning Department approved a market-rate condo development with a 24-hour Walgreens store at the northwest corner of César Chávez and Mission. The project features 60 expensive ownership units and 67 residential parking spaces. To support the Walgreens, the developer is also including 24 customer parking spaces, 12 spaces for employees, and one car-share space.

The development as proposed is not in compliance with the city’s General Plan, the recent Eastern Neighborhoods planning requirements, or the January Board of Supervisors resolution calling for 64 percent of all new housing to be available at below-market rates — and there’s an alternative that offers true low-income family housing and community space. If the supervisors are serious about preserving affordable housing, they’ll reject this ill-conceived plan.

The developer, Seven Hills Properties, told the Planning Commission that families would be able to afford these simple, unadorned condos through the first-time home buyers services offered by the Down Payment Assistance Loan Program in the Mayor’s Office of Housing. The truth is that the developer is offering only nine below-market units affordable to working- and middle-class families. All of the other units will be priced at close to $550,000 for a studio and as much as $700,000 for a three-bedroom unit.

Think about those prices. A person or family making as much as $63,850 a year could qualify for the down-payment assistance. Such a person or family would have to come up with a $27,500 share of the down payment and would be paying about $3,000 a month for a mortgage — 55 percent of their income.

It doesn’t have to be this way. Back in December 2006, Seven Hills told the Mission Anti-Displacement Coalition that it would be interested in selling the development rights at the site to MAC if MAC could come up with a development proposal. MAC then worked with us at the Bernal Heights Neighborhood Center, and together we created a viable offer — which Seven Hills dismissed as unrealistic.

Our proposal was to develop between 60 and 70 units of affordable housing, with community-service space below. Across the street, in 2001, the BHNC opened its Bernal Gateway development, 55 affordable family units with on-site community services that subsequently won two highly coveted national awards, with a financing strategy similar to the one we suggested for the Seven Hills property.

MAC has appealed to the Board of Supervisors, which is scheduled to hear its appeal July 17. This is a neighborhood issue that has citywide implications.

The arguments couldn’t be more clear or compelling: The project doesn’t comply with the Planning Department’s own guidelines. It brings pricey housing and a chain store to a neighborhood that needs neither. And there’s a credible alternative that ought to be given a chance. *

Joseph Smooke

Joseph Smooke is the executive director of the Bernal Heights Neighborhood Center. If you are interested in this issue, please contact Jane Martin, BHNC community organizer, at jmartin@bhnc.org.

A real dialogue on trans issues

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OPINION What I love about the queers in this town is just how messy and offensive we allow one another to be in our unified goal of relentlessly trying to strengthen our community. In some circles, the evolution of dyke space into a multigender population of transsexuals, genderqueers, femmes, tg-butches, bisexuals, lesbians, and men of all birth sexes has led to tension about queer visibility and discussions about misogyny, privilege, and appropriation. I am frequently pissed but never lacking for a group of people who will continue to engage the issues and attempt imperfect solutions no matter how hurt they have become in the process.

And yet, during Pride season there will be countless potentially offensive voices we will not hear. The ex-gay and right-wing Christian movements — arguably homosexual communities in their own right — will not be given unchallenged space at our events, and there won’t be an uproar that these views should be included for the purpose of "fostering dialogue." As many journalists and artists can attest, ensuring the free exchange of ideas often means knowing what to leave out.

Still, it was predictable that supporters of lesbian director Catherine Crouch’s film The Gendercator would claim censorship and blame transgender community allies for "silencing dialogue" when the Frameline International LGBT Film Festival decided last month to pull this film from its June schedule. It was a setup; victims could either remain silent during an attack or speak up and "prove" that they have malicious intentions to take over the world.

For those unfamiliar with The Gendercator, a quick look at Crouch’s film summary and deliberately defamatory director’s note says it all: Trans people are the product of "distorted cultural norms" who uphold antigay values and change their sex "instead of working to change the world." Male-identified trans people are altered lesbians, despite the fact that many have never held that identity. And not even the femme dykes are safe, considering Crouch’s tomboy-or-else definition of acceptable queerdom.

Crouch says the film comes from her anxiety about what she perceives as the loss of gender-variant women and the rise of binary gender norms. But the film itself strikes a different note, depicting trans bodies as sci-fi horrors and trans characters as coercive perpetrators of nonconsensual body invasions — all the familiar rhetoric used to justify antitrans violence and deny basic civil rights.

If there’s a dialogue to be had about our community’s valid anxieties surrounding the spike in sexual reassignment surgeries, it certainly wasn’t raised in Crouch’s The Gendercator. Unlike the creators of other films that have been controversial in the trans community, Crouch is disinterested in the lives of the people she portrays in this work. Imagine making a film alleging an inherent pedophilia in gay people to "spark dialogue" about gay culture’s obsession with eternal youth. As Rae Greiner, a queer woman who launched the Frameline letter-writing campaign, points out, "You can’t foster genuine discussion when you demonize your subjects or when you intentionally forego nuance in favor of stereotypes, false accusations, and outdated perceptions."

In fact, The Gendercator provoked very little dialogue at all until San Francisco activists protested it. Far from trying to silence it, they aimed to call attention to the film and create an actual conversation. They distributed flyers with Crouch’s position and responded with the truth about trans people’s lives: trans people are often queer social-justice activists with a nuanced and feminist view of identity.

The reason nontrans gay people have not seen blatantly antigay or antilesbian films yanked from their festivals is that such movies don’t make it past the selection committee. To decry the ban on The Gendercator is thus disingenuous, particularly when many of the "anticensorship" and "nonbinary" voices support events that ban trans people from attending based on the presence or absence of a penis.

Yet there are some important messages about this film that should not be lost.

First, if our community artists are going to claim dialogue as justification for blatant attacks, then they should expect to have that dialogue. Some of the questions the queer community has posed in its discussion of the film are: Why does Crouch think her views are nonbinary? How do femmes, bisexuals, butches of color, nonop male-identified trans people, and dykes who choose breast cancer reconstruction fit into her limited view of sex and gender? How does the glorification of masculinity in lesbian circles and the sexism in butch and genderqueer communities contribute to this perceived pressure to transition to male?

Most important, if gays and lesbians feel that the growing transgender population means they are under attack, how can we come together to make sure this concern is heard and validated without demonizing one another? Several events exist in San Francisco to deal with such tensions, but perhaps they aren’t reaching the smart and articulate people whose need for real dialogue has been reduced to lamenting the loss of a 15-minute monster movie.

Opposing the inclusion of a deliberately divisive and dialogue-stopping film in an event designed to build community was something we did not do because we don’t want to have a community conversation, but because we do. *

Zak Szymanski

Zak Szymanski is the producer and editor of the short film The Wait.

A food bill for San Francisco

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OPINION You may not have heard about it, but Congress is busy deciding the fate of America’s food supply: what’s grown, how it’s produced and by whom, and how that food will affect our health and the planet. The roughly $90 billion Farm Bill, covering everything from urban nutrition and food stamp programs to soil conservation and agribusiness subsidies, will dictate much about what we eat and at what price, both at the checkout line and in long-term societal costs.

Despite valiant progressive efforts that may bring some change, the big picture is not pretty: increasingly centralized power over food, abetted by lax antitrust policies and farm subsidies that provide the meat industry and food-processing corporations with cheap raw ingredients; huge subsidies for corn and soy, most of which ends up as auto fuel, livestock feed, and additives for junk food, fattening America’s waistlines; and, despite organic food’s popularity, a farming system still reliant on toxic pesticides (500,000 tons per year), which pollute our waterways and bloodstreams while gobbling up millions of gallons of fossil fuel.

Closer to home, residents in poor urban areas like Bayview–Hunters Point are utterly deprived of fresh, nutritious food. These so-called food deserts — whose only gastronomic oases are fast-food joints and liquor marts — feature entire zip codes devoid of fresh produce. Government studies show this de facto food segregation leads to serious nutritional deficits — such as soaring obesity and diabetes rates — among poor people.

What’s to be done? Congress needs to hear Americans — urban and rural alike — who are demanding serious change, and shift our tax dollars ($20 billion to $25 billion a year in farm subsidies) toward organic, locally oriented, nutritious food that sustains farming communities and consumer health.

Locally, with leadership from the supervisors, a progressive San Francisco food bill could be a model for making America’s food future truly healthful, socially just, and sustainable — and encourage other cities to buck the corporate food trend. Such a measure could include:

Organic and local-first food-purchasing policies requiring (or at least encouraging) all city agencies, local schools, and other public institutions, such as county jails and hospitals, to buy from local organic farms whenever possible.

Incentives — backed by education, expanding markets, and consumption of local organic foods — to encourage nonorganic Bay Area farmers to transition to sustainable agriculture, while subsidizing affordable prices for consumers.

Healthy-food-zone programs with targeted enterprise grants encouraging small businesses and farmers markets to expand access to healthy foods in poor neighborhoods identified as deserts.

A city-sponsored education campaign discouraging obesity-inducing fast food and promoting farmers markets and other healthful alternatives.

Zoning and other incentives for urban and suburban farming.

Ultimately, the city needs a food policy council — including farmers, public health experts, antihunger activists, environmentalists, and others — coordinating these efforts. The city needs a progressive food bill, merging the interests of urban consumers, Bay Area farmers, and environmental sustainability, for a policy-driven alternative to our destructive industrial food system. *

Christopher D. Cook

Christopher D. Cook is a former Guardian city editor and the author of Diet for a Dead Planet: Big Business and the Coming Food Crisis (www.dietforadeadplanet.com).

Hit it or quit it

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Black White and Gray (James Crump, US, 2007) If Andre Téchiné’s The Witnesses colors the early ’80s red, this documentary about Sam Wagstaff (and by extension Robert Mapplethorpe) opts for a relatively bloodless palette. Though its voice-over shows class chauvinism in asserting that Patti Smith brought validity to punk, Black White and Gray perceptively uses its enigmatic subject as a window onto the changing role of photography within the art world. (Mapplethorpe’s objectification of black men is left uncriticized.) Crump brings in some excellent sources, such as Hanuman publisher Raymond Foye. He also brings in at least one horrible blabbermouth: spewing bitter opinion, historian Eugenia Parry deserves every hearty hiss she’s going to get from a Frameline crowd. The film ends on a flat note by allowing Smith to recite one of her pedestrian recent lyrics, but otherwise she’s a trustworthy and likable source on the relationship between Wagstaff and Mapplethorpe. Maybe the DVD version will bring more of her reminiscences and less of Parry. (Johnny Ray Huston)

June 21, 7 p.m., Victoria

DarkBlueAlmostBlack (Daniel Sánchez Arévalo, Spain, 2006). The term Almodóvarian is being thrown around these days with almost the same frequency as the term Hitchcockian (Almodóvar’s Bad Education was called Hitchcockian) and just as vaguely, but screenwriter-director Sánchez Arévalo’s DarkBlueAlmostBlack is Almodóvarian, resembling his postscrewball phase: it has melodrama without histrionics, likable characters doing absurdly unlikable things and vice versa, malleable (different from queer) sexuality, and near-incestuous family dynamics. The only thing missing is a hideously decorated apartment. In a world littered with the fruits of vacant and wild-eyed Almodóvarians (see — or don’t — Frameline 30’s unintentional disaster film The Favor), a disciple with some chops is cause for applause. Bitterly funny and narratively exciting — it toys with an amiable glibness that always comes back from the brink with devastating human emotion —Sánchez Arévalo’s dark but not quite jet-black comedy could be one of Almodóvar’s strongest films. (Jason Shamai)

June 20, 9:30 p.m., Victoria

Finn’s Girl (Dominique Cardona and Laurie Colbert, Canada, 2007). While other lesbians in the fest ponder whether to start a family, in Finn’s Girl conception is a fait accompli. How exactly it was accomplished is a bit of a mystery, but more pressing questions present themselves. One is whether Finn, a workaholic running a besieged Toronto abortion clinic and mourning the death of her wife, will get her head blown off by antichoice snipers — apparently, religious wingnuts live in Canada too. Another is whether she’s up for single-parenting the charming, precocious, enraged, and increasingly unmanageable Zelly, whose expressive 11-year-old eyes are particularly off-putting when narrowed above the smoke of a joint. Finn’s Girl covers a lot of terrain (grief, reproductive rights and technology, the travails of parenting, tween sexuality) with a fairly light tread, though Zelly’s scenes carry a particular charge of unpredictability. The result is a somewhat involving, sometimes sketchy picture of a family in transition. (Lynn Rapoport)

Sun/17, 12:30 p.m., Castro; Tues/19, 6:30 p.m., Parkway

Fun in Girls’ Shorts (various). Excluding Filled with Water, a smart, beautifully shot animation about a woman who falls for a TV-enclosed ballerina, and Succubus, a semicomedic film about a lesbian couple struggling to have a child, adolescent identity issues and anxieties constitute the major themes of this short-film compilation. With its attractively blurry cinematography, Pariah, about a 17-year-old black girl who keeps switching identities to please her parents and friends, is the most complete example of the suffocative effects that the suppression of one’s identity can have on a person, let alone a teen. (Maria Komodore)

Sat/16, 1:45 p.m., Castro; June 24, 11:30 a.m., Castro

Homos by the Bay (various). Though uneven, this program of shorts by local filmmakers does boast some standouts, including a stop-motion pair by Samara Halperin (who notably queerified Beverly Hills, 90210 in 2001’s Sorry, Brenda): the minute-long rhapsody on hot dogs, Plastic Fantastic #1, and Hard Hat Required, featuring two Lego men who do more than construction on the job. The Clap’s Gary Fembot uses his DJ skills for Mondo Bottomless‘s delightfully vintage pop soundtrack, a perfect match for its 16 minutes of cavorting men in bathing suits. And Nao Bustamante has a joyful punk-rock awakening in the black-and-white suburban fantasy The Perfect Ones. (Cheryl Eddy)

June 23, 1:15 p.m., Victoria

Jam (Marc Woollen, US, 2006). This is a fantastic, fascinating Roller Derby doc about Tim Patten, a local HIV-positive man who ferociously attempted to revive the sport after its virtual demise in the ’70s and, with it, the legendary Bay Area Bombers team. In San Francisco in the late ’90s, Bombers matches at Kezar Stadium were the hottest after-dark tickets in town, uniting swing revivalists, rockabilly fans, queer hipsters, and anyone into exquisitely goofy WWF-type antics but not into scary WWF crowds. Director Woollen takes us behind the scenes of those derby matches, delivering plenty of colorful history and personal drama (along with a few trade secrets) and uniting the disparate stories of the eccentrically flamboyant gang of wheel-heeled dreamers who signed on to Patten’s dream into a rollicking tale of subversive triumph. Now that’s a party. (Marke B.)

Mon/18, 7 p.m., Victoria

No Regret (Leesong Hee-il, South Korea, 2006). If you like movies about sexy orphans who become male prostitutes, you have at least two options at Frameline this year: Twilight Dancers and No Regret. Neither really addresses the issues it promises to (class politics, sex politics, et al.). But No Regret — essentially Pretty Woman for gay male depressives — is at least a better time at the movies. The South Korean film successfully tricks us into thinking its condom-thin melodrama is worthy of our tears, which is nothing to sneeze at. Just don’t expect to come out of the theater having unpacked the psyches of mopey Adonises for hire and their equally mopey rich lovers. (Shamai)

June 22, 10 p.m., Victoria

On the Downlow (Abigail Child, US, 2007) Some of the best pure moviemaking in this year’s festival can be found within this documentary by Abigail Child. Reflecting Child’s background as an experimental filmmaker, On the Downlow finds a lot of poetry and grit in urban Cleveland: a shot of a hooker moseying across the street and a sequence set at a barbecue are great examples of the poetry in motion that can happen when a talented woman with a camera looks at another woman. (Shot by men, these sequences would almost unfailingly be presented in a crude fashion or simply left ignored.) Of course, the main subjects here are men. Child also films them well, adding portraiture to talking-heads segments. On the Downlow‘s somewhat frustrating paradox is that it can’t really directly present its title subject — the guys talking here are either in love with DL guys who aren’t interviewed or they’re young gays- or bi’s-to-be taking awkward first public steps toward an out identity. (Huston)

June 23, 6 p.m., Victoria

Tan Lines (Ed Aldridge, Australia, 2006). The Aussie surfside ensemble drama has deep roots, stretching at least from preasshole Mel Gibson’s 1977 feature debut, Summer City, to last year’s superb, as-yet-unreleased (at least here) crime docudrama Out of the Blue. Landing somewhere between Gus van Sant and shark-bait territory, director Aldridge’s first feature focuses on the few days when 16-year-old surfer Midget (Jack Baxter) falls in first love — or at least first lust — with his best mate’s briefly returned, gay-disgraced brother, Cass (Daniel O’Leary). With its cannily used nonprofessional actors and streaks of absurdist humor, Tan Lines is an offbeat delight for half its length. The charm fades a bit thereafter, but this is still worth a look. (Dennis Harvey)

June 23, 3:30 p.m., Castro

Tick Tock Lullaby (Lisa Gornick, UK, 2006). Flirting with the idea of having a child and confronted with the difficult question of how to go about having it, Sasha (Gornick) and Maya (Raquel Cassidy), a lesbian couple living in London, set out on a sperm escapade. Inspired by the thought process that Sasha goes through as the couple’s hunt progresses, three additional stories emerge and intermingle, representing variations on the potential of becoming a parent. Shot with a beautifully fluid camera, Tick Tock Lullaby is an intimate, complex, and elaborate exploration of sexuality, relationships, and most important, parenthood. (Komodore)

Sat/16, 9:30 p.m., Castro

For more short takes on Frameline 31, go to www.sfbg.com/blogs/pixel_vision.

Pet projects

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› gwschulz@sfbg.com

"If you have men who will exclude any of God’s creatures from the shelter of compassion and pity, you will have men who deal likewise with their fellow men."

St. Francis of Assisi

His name is Sylvester. He’s quite handsome and charismatic, for a cat.

Sylvester is believed to be about eight years old, and the San Francisco Society for the Prevention of Cruelty to Animals has been his home since last July. He’s a simple domestic shorthair, with a jet-black coat aside from some snow-white blotches on his chest and left arm.

Also doing time at the SPCA is a slightly bashful orange tabby named Jitters, who has awaited a home since April. A long-haired tortie named Minna, with somber green eyes and a splash of umber on her nose, has been at the SPCA for a year and a half.

In many cities Sylvester, Jitters, and Minna would be on death row. In San Francisco they’re guaranteed a chance to live until they find a family, as long as they’re deemed adoptable by the SPCA and don’t develop a life-threatening disease or unmanageable behavior traits. They are the legacy of pioneering former president Richard Avanzino, regarded by most as the originator of the national "no-kill" movement.

Avanzino spent 20 years making the San Francisco SPCA a national leader in saving animals, including forging a pact with the city in 1994 to work toward guaranteeing every adoptable cat and dog a home, a remarkable promise during a time when few places across the nation were willing to make saving the lives of companion animals a priority. Most shelters euthanized tens of thousands of kittens, puppies, dogs, and cats every year to save space and money. Quite a few still do.

But after Avanzino left in 1998 to spread his no-kill philosophy nationally through the Alameda-based nonprofit Maddie’s Fund, the local SPCA has steadily retreated from the cutting edge. Rather than continuing to push toward the goal of saving all the animals, the two presidents who succeeded Avanzino have focused the organization on a private hospital project that has turned into an expensive boondoggle that’s sapped the organization’s energy and resources and angered the local veterinary community.

"San Francisco likes to say it’s the safest city in the United States to be a dog or cat," said Nathan Winograd, a widely recognized proponent of the no-kill philosophy and former director of operations for the SPCA, who left the organization in late 2000. "That is no longer true. There are other cities that are doing much more in terms of lifesaving. That’s one of the reasons I chose to leave San Francisco."

The SPCA’s eighth president, Jan McHugh-Smith, finally arrived in April after the shelter had spent nine months with an interim head, and the question now is whether she can turn this troubled yet still revered organization around.

Only in recent years have cities nationwide begun enacting policies intended to stop — or at least dramatically slow — the senseless slaughter of animals that are the defenseless victims of the public’s love of adorable newborns and specialized breeds. That trend started in San Francisco.

Avanzino calls welfare groups like the SPCA "safety valves" that relieve pressure on animal control officers and traditional municipal shelters. In an editorial last year for Maddie’s Fund he wrote that saving healthy and treatable shelter pets is the "minimum no-kill standard" and that communities today should strive to go beyond no-kill.

"Tompkins County, New York is a case in point," he wrote. "The Tompkins County SPCA maintains a 92 percent live-release rate. It saves all of the county’s healthy and treatable shelter pets and feral cats. Should this be our life-saving goal? I think it should."

Tompkins County, it turns out, is exactly where Winograd went after leaving the San Francisco SPCA in frustration. "When I left, we just had to save 500 or 600 more treatable dogs and cats every year, and we would have been just about there," Winograd said. "We were a whisper away."

Edwin Sayres, who succeeded Avanzino as president, told the shelter’s board of directors that the SPCA could remain in the vanguard of reducing pet overpopulation and saving abandoned animals while at the same time building a prestigious, state-of-the-art veterinary hospital that would rival one of the few other comparable facilities anywhere in the United States, Angell Memorial Hospital in Boston.

The Massachusetts SPCA, however, spends millions of dollars more each year simply running its three Angell facilities than the San Francisco SPCA’s entire budget. Originally expected to cost just $15 million, the price tag of the latter’s Leanne B. Roberts Animal Care Center has now shot to $32 million. The SPCA will finally break ground on the new facility in October.

Critics feared the hospital idea was a potential disaster, and they complained that the nonprofit had become top-heavy under Sayres. They pointed to the shelter’s money trail, detailed in its required annual tax-exempt disclosure forms, to emphasize where they believed the shelter’s priorities now rested.

While earning $200,000 a year in salary and benefits, Sayres created new executive positions that cost the shelter hundreds of thousands of dollars more in compensation than was spent during Avanzino’s tenure. That might not have seemed like such a big deal in 1997, when the nonprofit was taking in several million dollars more in donations from the public than it was spending to cover operational expenses.

But by the end of the 2002 fiscal year, when donations to the SPCA and many nonprofits were lagging, the shelter had fallen $2 million short of covering its $14 million in expenses, which had climbed by the millions annually.

At the same time, the city failed to reach its goal of releasing alive 75 percent of the animals it impounded; 2,075 animals were killed that year for a variety of reasons, according to city records. The SPCA also missed its target that year for the number of animals it would take in from the city’s municipal shelter and make available for new homes through its unique adoption center.

Meanwhile, several cities across the country were embracing the no-kill cause, inspired at least initially by San Francisco’s example. They did so with considerable help from Winograd, who worked briefly as a Marin County prosecutor before traversing the nation to help shelters come as reasonably close to no-kill as they could.

Tompkins County; Charlottesville, Va.; and Reno are all boasting live-release rates of around 90 percent after promising to find homes for adoptable and treatable animals, the latter a key category that includes animals with behavior problems, serious illnesses, and injuries that require extra care.

In other words, as San Francisco struggled to maintain its sense of direction, other communities began to implement and even redefine the meaning of no-kill. San Francisco has averaged a 70 to 80 percent save rate annually for several years — and the difference between this and what Winograd and others have hoped for the city of St. Francis means hundreds of animals being killed each year.

While avoiding any searing critique of the shelter, Avanzino told the Guardian that he perhaps would not have promoted the hospital scheme. However, he said, plenty of his own bold ideas at the SPCA once made him a target of criticism, like the shelter’s posh $7 million adoption center, composed of 86 kitty condos and doggy apartments.

"I know it sounds like I’m ducking the issue, and I am," Avanzino told us. "But the bottom line is that new leadership and the policy makers for the organization believe with everything in their being that this is an important next step for the San Francisco SPCA and [that] it is going to do more to help the animals. They have not kept me in the loop."

Nonetheless, when Sayres led the nonprofit, between 1999 and 2003, it spent at least $1.7 million just on architects and veterinary consultants moving the planned hospital forward. Meanwhile, programs like humane education and law and advocacy, the latter at one time a half-million-dollar program, saw deep cuts in their budgets or simply shriveled up and disappeared altogether, while public relations and promotional expenses retained brisk support to the tune of at least $1 million annually for several years before those expenditures were finally trimmed too.

Further, the shelter’s 17-member board of directors granted Sayres a $400,000 home loan and gave him 30 years to pay it off, although he cleared the debt before leaving for a new job in June 2003 at the American SPCA, which is independent of the San Francisco SPCA.

As the summertime explosion of kittens loomed in the spring of 2003 and Sayres prepared to leave, he sent an e-mail to the SPCA’s nearly 1,000 volunteers blaming the economy’s ongoing downturn and a 10 percent drop in public donations for the shelter’s money woes. The jobs of at least 15 employees were cut, and others were merged into one, including two major volunteer-coordinating positions.

In e-mails circuutf8g at the time, copies of which we’ve obtained, volunteers agonized over whether to inform the press of what was going on internally, nearing the point of insurrection over cuts in shelter services — including a one-of-a-kind dog behavior and training program. The truth, some feared, would turn donors away. Some argued that executive salaries should be trimmed to save money before ground-level staffers were dispatched with pink slips. Others were furious over the planned hospital’s burgeoning costs.

"I certainly think a new center is exciting and overdue," a volunteer wrote to Sayres. "But it annoys me [to] no end to see billboards all over the city about the center and nothing about the situation we’re in."

Sayres never responded to several detailed questions sent to him by e-mail and was unable to make time for a phone interview. But he admitted in a 2002 San Francisco Business Times story that he’d "tried to move forward with my vision too quickly."

"I should have taken more time to listen and absorb the culture," Sayres said in the story. "Now I’m more mindful of the contributions that people have made here over the decades."

New president McHugh-Smith insists the shelter can still balance the hospital plan’s most recent incarnation and a continued focus on the agency’s raison d’être: preventing cruelty to animals.

"One thing I’m really proud of is our hospital provides one and a half million dollars’ worth of charity care to homeless animals and people who can’t afford veterinary care for their pets," McHugh-Smith said. "What a critical service for this city. There are a lot of people here who can’t afford the care their animals need. They shouldn’t have to give up their pets for that."

Recent troubles aside, even the SPCA’s fiercest critics contend that much of the nation still lives deep in the shadows of its extraordinary achievements.

The San Francisco SPCA was officially chartered in 1868 as the first humane society west of the Mississippi River. But more than a century later, in 1978, its leadership had grown tired of the organization’s serving dual roles as a killer and a savior of animals.

Backing out of its long-standing shelter contract with the city meant losing more than a fifth of its annual budget, but then-president Avanzino felt the group’s agenda no longer fit with the city’s mechanized handling of hapless animals. Thousands were still being killed by the city each year.

"For 101 years, the reputation of the SFSPCA was, ‘That’s the place where animals are killed,’" Avanzino said in a 2000 interview he gave to Maddie’s Fund. "That was not the purpose of our organization. You can’t be the animals’ best friends and be their principal killer."

The city was forced to create a separate municipal shelter, known today as the Department of Animal Care and Control, which cites abusers, seizes dangerous dogs, and maintains its own adoption program. The SPCA then proceeded to vastly expand its spaying and neutering services, particularly for juvenile animals, as well as its medical facilities and treatment for animal behavior previously regarded as severe enough to warrant a trip to the death chamber, in which dozens of animals were killed at once. A technician withdrew oxygen from a decompression room until they died.

The SPCA led the way in taking animals waiting for adoption out into the community, and while some early skeptics feared mobilized adoptions would inspire impulse buying and high turnovers, many groups nationwide started to follow Avanzino’s lead after seeing how well it worked here.

On its sweeping Mission property at 16th and Alabama streets, where the SPCA has been located for almost a century, the shelter did away with cell-style kennels, which encourage erratic behavior and reduce the chances that an animal will find a home. In 2004, the most recent year for which figures are available, the city found homes for 4,500 dogs and cats, with the SPCA handling three-fourths of those adoptions.

And guaranteeing homes for cats and dogs defined as adoptable, let alone those who are arguably treatable with the right commitment of energy and resources, was almost unheard of in the mid-’90s, when San Francisco made its promise. Under San Francisco’s agreement with the SPCA, animals considered adoptable include cats and dogs eight weeks and older, those without "temperamental defects," and those not suffering from life-threatening diseases or injuries.

However, while a 100 percent adoption rate is probably not possible, Winograd and others worry that the bedrock of the nation’s no-kill movement has failed to reach its full potential since Avanzino left, and they say the San Francisco SPCA could at least aspire to a save rate of more than 70 to 80 percent.

"I think the agency went through some times they weren’t used to, not having a long-term leader that really understood the history of the organization and the goals of the organization," Carl Friedman, director of Animal Care and Control, said of the SPCA. "But that happens everywhere. I think it took a little bit of a toll on the organization."

Friedman worked at the SPCA for several of its most memorable years before moving to the city’s municipal shelter in 1988, after the SPCA relinquished its role as the proverbial dogcatcher. He says that most euthanized animals in San Francisco are cats and dogs struck by automobiles or those suffering from parvovirus and distemper, both preventable with early vaccinations.

It’s worth noting that the agreement between Friedman’s office and the SPCA forbids each of them from speaking critically of the other, and many of the people we talked to balked at speaking on the record.

"People are afraid of getting sued, and they’re afraid of what will happen," Winograd said. "There are people in San Francisco who need these agencies. They’re not willing to be forthright, because they’re afraid. I’m a lawyer, so anybody who wants to sue me, good luck. But the truth is the truth."

The shelter’s problems that started under Sayres continued under his handpicked successor, Daniel Crain. And they reached a zenith in August 2004 when one of the SPCA’s leading veterinarians, Jeffrey Proulx, committed suicide in horrific fashion, delivering a psychic blow to longtime SPCA volunteers and staffers.

The morning Proulx was discovered, a Marin County coroner found an empty box of Nembutal injectable solution on the kitchen counter of his San Rafael home. Nembutal is a barbiturate used in physician-assisted suicides, but it’s also used to euthanize animals, and a bottle of it was missing from the shelter’s medicine cabinet the day Proulx died.

Proulx was the hospital’s chief of staff and was overseeing the expansion project. The task was apparently wearing him down, and on the day of his death, he threatened to resign.

Groundbreaking was supposed to occur in 2004. Then 2005. Then 2006. In the meantime, a private animal hospital providing 24-hour emergency care — San Francisco Veterinary Specialists — moved into the neighborhood, just blocks away, casting doubt on whether the facility’s service load could justify the project.

After Proulx’s death, the SPCA announced that it had chosen another architectural firm to take charge of the hospital: Rauhaus Freedenfeld and Associates. By then the organization had spent nearly $4 million on veterinary consultants and architects, according to tax records, and even today hardly a single wall has been erected.

A previous architecture firm, ARQ Architects, which designed the shelter’s adoption center, has earned more than $2 million from the SPCA since 2000, but there’s no telling what happened to any of the designs the firm crafted. Nonetheless, according to the shelter’s newest tax records, provided at the Guardian‘s request, Rauhaus was paid more than $500,000 last year, and another $330,000 went to a project manager, CMA. A new veterinary consultant was paid $90,000 last year as well, after a previous consultant, Massachusetts-based VHC, was paid at least $925,000 over a three-year period.

After Proulx died, Crain lasted just two more years as president. He left last August, and attempts to reach him at various phone numbers, a fax number, and a last-known San Francisco address in Bernal Heights were unsuccessful.

Crain joined the shelter in 1999 as a human resources director but quickly — despite little evidence of nonprofit management experience and only a brief stint running human resources — became the SPCA’s vice president under Sayres, earning well into six figures. In 2003, after Sayres’s departure, he became the SPCA’s top administrator following a board vote, which brought his compensation to more than $200,000 a year.

Ken White, director of the Peninsula Humane Society, said he never forged the bond with Crain that he did with the leadership of Marin County’s municipal shelter and its major East Bay animal welfare counterpart. White worked for nearly a decade at the SPCA, until 1989, when San Francisco created the separate animal-control entity that exists today.

Although reluctant to speak critically about the SPCA, White explained that the Peninsula shelter treats about 1,000 injured wildlife animals from San Francisco annually under a very modest contract with the city that’s nowhere near enough to cover his costs. The SPCA focuses primarily on cats and dogs, and the Peninsula shelter has more space.

People like Winograd, who now directs a nonprofit in San Clemente called the No Kill Advocacy Center, say the shelter’s campaign to build a modern but almost prohibitively expensive hospital diverted funds away from "God’s work": caring for animals so they may be adopted out.

"I didn’t feel the city needed another specialty hospital," Winograd said, "and my fear was that the energy and dollars and all the effort that would be put into the hospital would pull the agency away from its core mission of patching together the sick and injured dogs and cats."

"They still think that’s the next big thing," said Karin Jaffie, a former public relations coordinator and longtime volunteer. "For the cost of the hospital, you could have trained a lot of people’s dogs or spay-neutered the city’s pit bull population for free."

An early plan for the hospital included 24-hour emergency care and critical services like oncology, cardiology, and neurology — services that shelter execs argued pet owners would never pursue otherwise to help save their animals.

Yet the plan had a significant catch: it called for aligning the hospital’s nonprofit component with a for-profit network of veterinary specialists who would lease space inside the facility and help cover its overhead by paying some of the utility bills. Private specialty veterinary care was among the fastest-growing segments of the industry at the time, and the SPCA’s eager citywide promotional campaign for the hospital raised the ire of private vets working in the Bay Area, including their industry group, the California Veterinary Medical Association.

McHugh-Smith admitted that "after much evaluation" the complex for-profit plan was scratched completely, and the shelter had to more or less start over after spending millions. "It wasn’t going to help our mission, so that project was put to rest," she told us.

Not everyone was quick to offer a negative opinion of the shelter’s past leadership. Kelley Filson, a former humane-education director, said that all nonprofits experience periodic lulls in funding and that her program was never short of the resources it genuinely needed to help Bay Area youth understand why it’s necessary to treat animals humanely. Like in K-9 behavior training, she says, SPCA supporters should focus on the shelter’s historic milestones.

"It was not a direct-care program," Filson said of humane education, which endured budget cuts in recent years. "When there are 10 puppies that need medicine and treatment, that’s a very immediate need, so I think that people [misunderstand] when an organization has to look at the immediate needs of suffering animals versus education goals. Until you’re in the position of running that organization, you don’t often understand the decisions that are being made."

Skepticism aside, the shelter’s existing 70-year-old animal care hospital, where it treats injured and abandoned animals, could certainly benefit from a makeover. It still provides a range of services for a relatively minimal fee, including limited emergency care for the pets of some low-income San Franciscans. In 1978 the shelter’s spay-neuter clinic was the first in the nation to provide the service at a reduced cost, and it continues to alter feral cats brought in by a citywide network of caretakers for free.

"The demands on that hospital have grown large over the years," McHugh-Smith said. "Our surgical [unit] is on the second floor, and we have to carry the animals upstairs…. It’s just not very efficient or effective any longer."

The emergency and specialty hospital San Francisco Veterinary Specialists now does what the SPCA originally hoped to. Previously at odds with the SPCA’s for-profit scheme, the private vets will now donate certain specialty services that the SPCA isn’t able to cover under its current plans. Dr. Alan Stewart, a founder of SFVS, told us they’ve already helped several animals.

Construction on the Roberts Center is slated to begin in October. McHugh-Smith promises the new plan will enable San Francisco to expand its definition of a treatable homeless animal by expanding the range of treatment the city can administer. Now the $32 million will go toward simply renovating a massive warehouse on the shelter’s campus and giving its current facility another 40,000 square feet of space. The feral cat project, which today operates out of a former lobby, will get its own designated area, and McHugh-Smith says the shelter will also act as a university hospital where veterinary students can learn to treat the approximately 25,000 animals that pass through annually.

McHugh-Smith, the shelter’s first female president, has worked in animal welfare for more than two decades. She spent 12 years as CEO of the humane society in Boulder, Colo., and built that city’s live-release rate up to 86 percent.

Because of the Bay Area’s supercharged political tendencies, she faces constant and varying obstacles. Wildlife supporters loathe the SPCA’s long history of backing feral cat populations and off-leash dogs on federal parkland such as the Golden Gate National Recreation Area.

Even the phrase "animal welfare" is politically loaded — it’s often used specifically to separate pet lovers and the wealthy benefactors of big nonprofit shelters from "animal rights" factions perceived as too radical. Plus, there’s the fact that higher save rates translate into greater challenges in dealing with the final 20 or 30 percent of animals, which can require treatment before being adoptable.

"The higher you get, the more difficult it gets, and the more resources you need," McHugh-Smith said of the city’s save rate. "Hence, the hospital is going to be a really critical part of that."

Avanzino says San Francisco could still do a much better job presenting records to the public of which animals are killed and why. Are hyperthyroid or feral cats untreatable? Are otherwise healthy pit bulls made "unhealthy" merely by irresponsible owners? For years, transparency in terms of what constitutes a treatable or healthy animal has been a major tenet Avanzino has advocated.

"If we’re really going to empower the public to be part of the solution and see that the job gets done, we’ve got to give them the data," he told us. "Are the dogs and cats that we call family members getting justice from us? If not, then we have failed them, and in San Francisco that should never happen. It’s the city of St. Francis." *

Downtown’s sneaky parking plan

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OPINION Two years ago this week, the mayors of many of the world’s largest cities gathered in San Francisco for World Environment Day and pledged to make their cities more livable and sustainable places.

San Francisco justly prides itself on being an environment-minded city made of diverse and livable neighborhoods. Thanks in large part to the city’s historic neighborhoods, designed around walking and public transit, San Franciscans generate fewer greenhouse gas emissions per capita than residents of any city in the country except New York.

Unfortunately, one of the most environmentally unfriendly measures to come along in a decade may be headed to the ballot. A shadowy coalition of downtown interests is gathering signatures for a measure, the brainchild of Republican financier Don Fisher, that would impose a one-size-fits-all parking "solution" on San Francisco’s distinct neighborhoods while removing protections for pedestrians, cyclists, and public transit from the city’s Planning Code.

This measure, blandly titled the Parking for Neighborhoods Initiative, threatens to reverse decades of progress toward a sustainable and livable San Francisco.

If this measure becomes law, it will negate the ability of neighborhoods to plan their own future, to provide affordable housing options, and to make their streets safe and livable. It will, in a stroke, overturn many years’ worth of neighborhood-based planning efforts, from downtown and South of Market through Hayes Valley and the Mission to Balboa Park.

Reduced-parking requirements, limitations on creating new parking spaces, have become a useful tool for decreasing traffic congestion, encouraging walking, cycling, and public transit use, and making housing more affordable in the city’s most dense and transit-rich neighborhoods. The city’s Downtown Plan, adopted in the 1980s, encouraged the area to grow as a diverse commercial, industrial, and residential district, oriented to transit rather than the automobile.

Many neighborhoods may not choose reduced-parking requirements, but where they fit, residents have embraced them as a way to preserve their neighborhoods’ livability, character, and affordability. Nearly a third of San Francisco households live without a car. A UC Berkeley study showed that units without parking spaces are affordable to twice as many households as units with them.

The measure would also prohibit programs to make San Francisco’s mean streets safer places for all of us, particularly children, elders, and the disabled. It arrogantly asserts the right of developers to cut new driveways and garage entrances wherever they want, regardless of the number of pedestrians, cyclists, and Muni riders who would be inconvenienced or even endangered.

Proponents of the measure are trying to give it a green gloss, invoking provisions about car sharing and low-emission vehicles. Don’t be fooled — this ill-conceived measure will make our city less sustainable, less livable, less affordable, and less safe. Don’t sign the petition! *


Tom Radulovich is executive director of Livable City (www.livablecity.org).

Criminals of poverty

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OPINION The morning I got out of jail, I walked through the icelike streets of Oakland touching ivy and running my fingers along the sides of buildings and cars and the trunks of trees. It wasn’t that I had forgotten how they felt. It was just that knowing that these things were still there, even when I wasn’t, helped to ease the shudder, the ache, and the tension that were now permanently lodged in my head.

Due to some extremely innovative legal work by a local civil rights attorney, I was given a chance to write as a way of working off my several thousand dollars of fines and months of jail time for crimes of poverty. In my and my poor mixed-race mama’s case, this was for the sole act of being homeless in the United States — a citable offense.

The most recent invention in the march toward increasing the criminalization of poverty in San Francisco is Mayor Gavin Newsom’s proposed Community Courts — or what the Coalition on Homelessness so aptly renamed poverty courts.

These courts would focus on status crimes — crimes like the ones I was charged with not so many years ago, crimes that are unavoidable for people who are poor and living on the streets.

These courts represent a further step toward the permanent criminalization of poor and homeless people, disguised as a more compassionate approach to so-called quality-of-life issues.

But the reason this is inane and a serious waste of resources is that no amount of punishment will ever succeed in lifting people out of poverty.

As a youth raised in a houseless family who was cited and arrested countless times for the act of sleeping in our broken-down vehicle, I was given referrals to community service agencies for several thousand hours of community service (free work), none of which I could ever complete, which then led to jail sentences and a criminal record — yet I was never offered housing. Instead I was continually criminalized for the fact that we didn’t have housing or the money to acquire it.

The proposed price tag for the poverty courts is $1.3 million. That’s money that could be funding permanent housing, mental health services, and drug treatment that would actually improve the quality of life for poor people.

The information gathered by the Coalition on Homelessness and Poor magazine indicates that the city plans to redline a portion of the poorest neighborhood in San Francisco (the Tenderloin), and any sleeping, sitting, vending, camping, graffiti, and prostitution tickets received in this area will be sent to a special court.

This is consistent with the massive increase in sweeps, arrests, and citations of homeless folks since Newsom came to office.

My writing–media production assignment was eventually completed, albeit slowly, while I lived through the devastating experience of being a youth in a homeless family. Had I not received this innovative work-around, I would not have made it out of the criminal injustice system and in the end would not have made it out alive. *

Tiny

Tiny, a.k.a. Lisa Gray-Garcia, is the cofounder of Poor magazine and PoorNewsNetwork and the author of Criminal of Poverty: Growing up Homeless in America.

A horse is a horse?

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HANDS OFF A professor of mine was fond of posing a certain thought experiment. As Martian anthropologists, free from any earthbound cultural conceptions, his students had to come up with a baseline definition of sex. First he’d field their not wholly impartial attempts. Then he’d coolly roll out his description: it’s an involuntary muscle spasm caused by applied friction.

Writer Charles Mudede and director Robinson Devor attempt a similar thought experiment with their beautifully lensed but frustratingly airy documentary, Zoo. Only, in the case of their subject, the applied friction is generated by an Arabian stallion, which brings about not an involuntary muscle spasm but the accidental death of the man whose colon the stud has perforated in flagrante.

Perhaps no one would have known of Kenneth Pinyan, a divorced Boeing engineer initially identified only by his online moniker Mr. Hands, had he and a circle of fellow “zoos” (short for “zoophiles”) who occasionally got together on a remote farm in rural Enumclaw, Wash., to express their erotic attraction to animals not routinely filmed themselves. But in our culture, nothing stirs up a media shit storm like a leaked sex tape, especially when it’s of the interspecies variety.

Whereas my professor tried to get his students to see how inseparable sex is from culture by forcing us to think outside cultural lines, Mudede and Devor attempt to divorce the “horse sex case,” as it was jokingly dubbed, from the tabloid sensationalism that accrued to it. While Zoo gives the now disbanded and publicly shamed circle of men associated with the incident a space in which to explain their desires, they still emerge as ciphers for a yearning beyond the pale.

Indeed, the oblique strategies Devor favors — talk radio snippets and loose reenactments, off-camera interviews with the zoos and with an animal-rights activist and a cop who made calls to the farm — cast his subject in an almost mythological light. Sean Kirby’s lush cinematography certainly does its part to transform Enumclaw into a rustic Eden; the zoos’ slow-motion ambling toward the barns is swathed in the dusty violet blanket of a blooming tree or silhouetted against the ocher smudge of dawn. We could be in a Ford commercial or in an establishing shot from that other American pastoral of unmentionable vices, Brokeback Mountain.

If the link between bestiality and homosexuality seems specious, or worse yet, part and parcel of the kind of relativism frequently trotted out by the religious right, let’s not forget (thanks, Michel Foucault!) that until roughly the 19th century, be it with horse or man, all nonprocreative sex was considered sodomy. There are echoes of this genealogy in the anxiety voiced among Zoo‘s disembodied Greek chorus over the issue of consent (or its absence). In particular, the animal-rights activist’s likening of the horse to “a violated child” is uncannily reminiscent of conservative rhetoric surrounding homosexuals, supposed predators who, pre-Stonewall, were forced to inhabit a twilight world not unlike that of the clandestine community of zoophiles.

These contradictions and similarities point to some recurrent stumbling blocks in our thinking about sex. The most perverse act in Zoo, it could be argued, is the gelding of the offending stallion “for its own protection,” so that it can no longer be a potential object of desire.

Zoo raises such issues with far more frequency than it discusses them. Unlike Werner Herzog, who tersely evaluated his subject Timothy Treadwell in 2005’s Grizzly Man, Mudede and Devor avoid commentary. Zoo is far more fascinated by this supposed limit case of sexuality than interested in fleshing out Pinyan and his world beyond the details already enumerated in what was surely a very curious obituary. (Matt Sussman)

MY RECTUM FOR A HORSE I suspect there will be a lot of walkouts from Robinson Devor’s documentary about the 2005 Enumclaw horse incident, in which an airplane engineer referred to as Mr. Hands sustained fatal injuries while bottoming for a horse. But it won’t be the easily offended who run from their seats.

The revenue that small theaters are surely losing to senior discounts on Away From Her‘s ticket sales will easily be recouped from ill-informed frat boy field trips to what they think will be Internet Horse-Schtupping: The Movie. Barebacking jokes during the trailers will give way to a disappointed silence during a mesmerizing opening shot of what looks like a pixie flying in a field of blackness, slowly expanding and revealing itself to be the light at the end of a tunnel.

Zoo, intriguingly, never really crawls out of that tunnel. The movie, which is about the horse-loving men in Mr. Hands’ community as much as it’s about his death, presents an impressionistic collage of nature images, reenactments, voice-overs, and media samplings. (Turns out Rush Limbaugh and I see eye to eye on some things.) It’s also a collage of emotional cues: some scenes allow the music to suggest sinister qualities in the men’s activities, but there are also images that look like mood lighting was added to Harry Potter’s photo shoot for Equus, hinting at a level of intimacy that boring old queer and straight folks couldn’t possibly understand.

Devor isn’t just allowing for more than one response to the facts — he appears to be courting them all, creating a sort of controlled chaos that, of course, frees him from the restraints of his own opinion. The result is a coolly aestheticized yin to the snickering yang of the online frenzy in 2005.

This may come off as a cop-out to partisans on either side of the debate, inasmuch as it exists, about zoophilia and bestiality (after all, Edward Albee’s 2002 play The Goat, or Who is Sylvia? lost no artistic integrity in more directly addressing the implications of interspecies hanky-panky). Devor shouldn’t be criticized for undertaking a detached aesthetic exercise, it seems to me, yet to follow this tack with such a flammable subject can’t help but be a comment in some way. But in what way?

Zoo could reasonably be accused of either acquitting the Enumclaw zoophiles by their mere association with the film’s artsy ambivalence or, a more insidious possibility, fostering a hyperawareness of what is downplayed, implying disgust via a kind of negative-space sensationalism. Whatever the stunt, the film isn’t stunted. While some of the reenactments feel a bit too literal for the tenor of the rest of the film and the actors often seem poorly directed, there is an undeniable harmony to the whole. Zoo emits a quiet, narcotic hum that the gross-out contingent in the audience won’t likely stick around to tap into.

ZOO

Opens Fri/25 in Bay Area theaters

See Movie Clock at www.sfbg.com

www.thinkfilmcompany.com

Why we’re with Mark Leno

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OPINION The choice confronting voters in the State Senate District 3 primary in June 2008 is about electing the best candidate who personifies the direction, tone, and future of the progressive movement. Voters want positive changes, unequivocal vision, tangible accomplishments, and a leader who drives the movement forward.

Mark Leno represents the best progressive choice for that type of change. He is an articulate, innovative, and effective assemblymember who always makes a concerted effort to reach out to the people he serves with boundless energy; he will work equally hard as a senator.

As a legislator, Leno ensures that the voices of his constituents are well represented. His issues are driven by the communities he serves. He focuses on advancing controversial issues despite opposition in Sacramento, and he continues to achieve impressive political, cultural, and social milestones.

While serving on the San Francisco Board of Supervisors, Leno created the nation’s first medical cannabis identification program, which has become a model for similar programs across California.

On environmental issues, Leno has also won nationwide acclaim for his efforts to promote the use of renewable energy sources such as solar power in San Francisco and across the state.

When it comes to tenant rights, Leno’s legislative record speaks for itself. After many suffered the negative impact of Ellis Act evictions, he authored Assembly Bill 1217 to protect the disabled, elderly, and disadvantaged single-room-occupancy tenants from becoming homeless.

Leno has earned his reputation as a champion and visionary by introducing legislation that prohibits discrimination based on gender identity in housing and employment. Much like the transgender medical benefit legislation that he introduced as a member of the Board of Supervisors in San Francisco, his AB 196 is arguably one of California’s most significant nondiscrimination laws ever enacted to protect transgender people.

In 2005, Leno’s groundbreaking LGBT civil rights legislation to support marriage equality was the first in the nation to win approval by both houses of a state legislature. Although Governor Arnold Schwarzenegger vetoed the bill, Leno has reintroduced it and will not quit until it becomes law.

Leno is running for the District 3 State Senate seat because he believes that elective offices belong to the people. He will bring to the office his integrity, experience, and accomplishments in protecting marginalized and underserved communities, promoting environmental protection, and developing alternative sources of energy, and he’ll still remain independent of special interests. He introduces innovative solutions to difficult problems and represents the values of the people of Northern California.

For all these reasons, Mark Leno is our best choice for change. *

Theresa Sparks is president-elect of the San Francisco Police Commission. Cecilia Chung is deputy director of the Transgender Law Center.

Why I’m with Carole Migden

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OPINION With the election on the horizon, declared candidates have hired their campaign consultants, tested the field with expensive polls, and hit the city’s political club circuit hoping to lock up early endorsements. Unfortunately, the race getting the bulk of the attention is not San Francisco’s political watermark, November’s mayoral contest. It’s not even the new super-duper Tuesday presidential primary in February. As crazy as it may seem, the election getting the most attention in San Francisco right now is the June 2008 California State Senate primary.

After several months of polling and speculation, on March 2 Assemblymember Mark Leno announced that he would be challenging former ally and incumbent senator Carole Migden.

Make no mistake about it: Migden is one of the most fearsome politicians in Sacramento. She knows how to stand up to the governor, and she has a long list of progressive accomplishments, including authoring the state Clean Water Act, enabling local governments to do community choice aggregation, and protecting the vulnerable from predatory lending. Migden is already endorsed by progressive supervisors Jake McGoldrick and Gerardo Sandoval, progressive school board commissioner Eric Mar, former president of the Board of Supervisors Harry Britt, and progressive activists Debra Walker and Michael Goldstein. She’s also up double digits, so it’s time we call this one for Migden and get on with the job of putting a progressive in the Mayor’s Office.

Progressives know that to defeat Mayor Gavin Newsom this year, we will have to mount a significant and focused grassroots campaign. Any distractions will be costly. Migden-Leno is clearly a major distraction. Leno’s challenge takes both Leno and Migden off the progressive list of possible mayoral candidates. And more important, progressive energy, volunteers, and money that should be going into the effort to defeat Newsom will be gobbled up by the State Senate race.

Leno’s longtime political consulting firm, Barnes, Mosher, Whitehurst, and Lauter, is probably best known for its role in successfully challenging San Francisco’s soft-money regulations and then managing the record-shattering $3.2 million soft-money operation to reelect Mayor Willie Brown in 1999. BMW went on to help elect Newsom in 2003.

BMW not only provides the money and operations to get its candidates elected; the firm also — by its own proud account — seeks to influence these elected officials to get deals done for its corporate clients.

One of BMW’s biggest corporate clients is the Golden Gate Restaurant Association, which opposed San Francisco’s minimum-wage and paid-sick-leave laws and is now suing the city to stop it from enacting our universal health care plan. Progressives shouldn’t allow Leno and BMW to advance up the political ladder. *

Chris Daly

Supervisor Chris Daly represents District 6.

Next week: "Why we’re with Mark Leno," by Theresa Sparks and Cecilia Chung.

Out of downtown

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› steve@sfbg.com

It wasn’t going well for Ted Strawser, predictably. The alternative transportation activist faced an uphill battle March 14 trying to convince a San Francisco Chamber of Commerce committee to endorse Healthy Saturdays, a plan to ban cars from part of Golden Gate Park.

Representatives of the park’s museums and Richmond District homeowners had just argued their case against the measure. “Visitors want access to our front door, and we want to give it to them,” Pat Kilduff, communications director for the Fine Arts Museums of San Francisco, indignantly told the group of two dozen business leaders gathered around a large conference table.

Strawser gave it his best shot: he talked about following the lead of other great cities to create car-free spaces; he said, “Golden Gate Park is one of the best parks in the nation, if not the world”; and he made a detailed case for closure. But around the table there were scowls, eye rolls, and other obvious signs that Strawser was being tolerated, not welcomed. Some — including chamber vice president Jim Lazarus — even started to interrupt and argue with him.

Then the man sitting next to Strawser spoke up. “I don’t think this is fair,” he said. And suddenly, everyone in the room shaped up. Strawser’s ally — his only supporter in the room — was somebody no chamber member could or would dismiss. Warren Hellman doesn’t shout or bang the table — but when he speaks, downtown pays attention.

Hellman, a prominent investment banker, told the committee members that he expected them to show the same respect for Strawser that they had for the previous two speakers. The nonsense ended, immediately.

And by the time Strawser turned the floor over to Hellman, the mood had changed. The group listened raptly, smiled, and nodded as Hellman spoke in his usual folksy, familiar, disarming style.

“It’s not a lot of fun when friends fall out,” he began, “because the previous speakers and many of you all agreed on the necessity of the garage [that was built in Golden Gate Park], and we worked together.”

He pointed out that many in the group had promised during the fall 2000 election to support Healthy Saturdays once the garage was built, although Hellman was now the only member of the coalition honoring that commitment. But he didn’t chide or shame his colleagues. That isn’t Hellman’s style.

Instead, he spoke their language. The garage has never been full and needs the money it can charge for parking to repay the bonds. This isn’t a fight that’s going away, since “part of the conflict is because this park is everybody’s park.” But there are “about 100 compromises not acceptable to either side that would move this forward.” And if a solution can’t be found, there will probably be an expensive ballot fight that nobody wants.

“My conclusion is we should attempt this test,” Hellman told the group. Ultimately, when the vote was later taken in secret, the chamber didn’t agree, although it did vote to back a trial closure after the California Academy of Sciences reopens next year.

At the meeting, Hellman openly called for Mayor Gavin Newsom to get involved in seeking a compromise, something Hellman said he had also just requested of the mayor at a one-on-one breakfast meeting. A couple of weeks later Newsom — who had already indicated his intention of vetoing the measure — did broker a compromise that was then approved by the Board of Supervisors.

As usual, Hellman didn’t take credit, content to quietly play a role in making San Francisco a better place.

Healthy Saturdays isn’t the most important issue in local history — but the significance of Hellman’s involvement can’t be underestimated. His alliance with the environmentalists and park advocates might even signal a sea change in San Francisco politics.

Warren Hellman represents San Francisco’s political and economic past. And maybe — as his intriguing actions of recent years suggest — its future.

This guy is a rich (in all senses of the word) and compelling figure who stands alone in this town. And even though his leadership role in downtown political circles has often placed him at odds with the Guardian, Hellman consented to a series of in-depth interviews over the past six months.

“Our family has been here since early in the 19th century, so we had real roots here,” Hellman told us. His great-grandfather founded Wells Fargo and survived an assassination attempt on California Street by a man who yelled, “Mr. Hellman, you’ve ruined my life,” before shooting a pistol and barely missing.

The Hellman family has been solidly ruling class ever since, rich and Republican, producing a long line of investment bankers like Warren.

Yet the 72-year-old comes off as more iconoclast than patrician, at least partly because of the influence of his irreverent parents, particularly his mother, Ruth, who died in 1971 in a scuba-diving accident in Cozumel, Mexico, at the age of 59. “She was entirely nuts,” Hellman said, going on to describe her World War II stint as a military flier in the Women’s Auxiliary Service Pilots and other colorful pursuits. “She just loved people, a little like I do. She collected people.”

Hellman grew up wealthy and cultured, but he also attended public schools, including Grant Grammar School and Lowell High School. In between, the young troublemaker did a stint at San Rafael Military Academy — “reform school for the rich,” as he called it — for stunts such as riding his horse to Sacramento on a whim.

After doing his undergraduate work at UC Berkeley, Hellman got his MBA from Harvard and went on to become, at the age of 26, the youngest partner ever at the prestigious Manhattan investment firm Lehman Bros. He developed into an übercapitalist in his own right and eventually returned home from New York and founded Hellman and Friedman LLC in San Francisco in 1984, establishing himself as the go-to financier for troubled corporations.

“He is really one of the pioneers of private equity,” said Mark Mosher, a longtime downtown political consultant and the executive director of Gov. Arnold Schwarzenegger’s California Commission on Jobs and Economic Growth, on which Hellman sits.

Hellman became what Business Week called “the Warren Buffett of the West Coast,” a man of extraordinary wealth and power. Among other accomplishments, Hellman took Levi Strauss private, recently made billions of dollars in profits selling DoubleClick to Google, and manages the assets of the California public employee retirement funds (CalPERS and CalSTRS), which are among the largest in the world.

Like many financial titans, Hellman has always been a generous philanthropist, giving to the arts, supporting schools in myriad ways, and funding the San Francisco Foundation and the San Francisco Free Clinic (which his children run). He vigorously competes in marathons and endurance equestrian events, often winning in his age bracket. And he has his humanizing passions, such as playing the five-string banjo and creating the popular Hardly Strictly Bluegrass festival.

But he’s also been a prime facilitator of downtown’s political power, which regularly flexes its muscle against progressive causes and still holds sway in the Mayor’s Office and other city hall power centers.

Hellman founded, funds, and is a board member of the Committee on Jobs, which is perhaps the city’s most influential downtown advocacy organization. Hellman and his friends Don Fisher, the founder of the Gap, and Sen. Dianne Feinstein also started SFSOS, which now wages the most vicious attacks on left-of-center candidates and causes.

When the de Young Museum and other cultural institutions were threatening to leave Golden Gate Park, Hellman almost single-handedly had an underground parking garage built for them, in the process destroying 100-year-old pedestrian tunnels and drawing scorn from the left. The Guardian called it “Hellman’s Hole.”

“We at the Bike Coalition very much started out on the opposite side of Warren Hellman,” San Francisco Bicycle Coalition executive director Leah Shahum told us. “We couldn’t have been more like oil and water on the garage issue.”

But over the past two years or so, Hellman’s profile has started to change. He went on to become an essential ally of the SFBC and other environmentalists and alternative transportation advocates who want to kick cars off JFK Drive in Golden Gate Park on weekends, crossing the downtown crowd in the process. He has shared his wealth with progressive groups such as Livable City, which often fights downtown, and has stuck up for edgy fun seekers over more conservative NIMBY types. He has also publicly repudiated the attacks of SFSOS and its spokesperson, Wade Randlett, and withdrawn his support from the group.

Hellman is still a Republican, but a thoughtful and liberal-minded one who opposed the Iraq War and wrote an article for Salon.com in February titled “If the United States Were a Company, Would George Bush Be Our CEO?” (His answer: hell no.) And to top it all off, Hellman sports a few tattoos and even attended 2006’s Burning Man Festival and plans to return this year.

Unguarded and reflective, Hellman’s comments to the Guardian foreshadow the possible future of capitalism and influence in San Francisco and point to potential political pathways that are just now beginning to emerge.

Our first conversation took place at the Guardian office two weeks before the November 2006 election, when it was starting to look like Nancy Pelosi had a good shot at becoming speaker of the House of Representatives.

“I think this election in two weeks is going to be really interesting,” Hellman told us.

This Republican was cheering for the Democrats to win. “They aren’t my kind of Republicans,” he said of the people in power. Hellman didn’t support the war or approve of how the Bush administration sold it, and he wanted Pelosi and the Democrats to hold someone accountable.

“What I’d like her to do is admit that we can’t get out [of Iraq immediately], but start to talk about what the fallout has been. Discuss the enormous cost in human life as well as money, and how it’s possible the war united the Middle East against us,” Hellman said.

The one thing he can’t abide is disingenuousness. Hellman speaks plainly and honestly, and he asked us to keep particularly caustic comments off the record only a few times during almost six hours’ worth of interviews. He was self-effacing about his political knowledge and seemed most interested in working through the problems of the day with people of goodwill.

Asked what he values most in the people he deals with, Hellman said, “It’s authenticity. Do they believe things because they believe in them, or do they believe in things because they’re cynical or they’re just trying to gain something?”

Locally, Hellman has reached out to people with varying worldviews and come to count many friends among those who regularly battle against downtown.

“I love to know people,” he said. “That’s probably the single thing that motivates me. When someone says to me, ‘How can you be friends with [then–head of SEIU Local 790] Josie Mooney?’ I say, ‘Look, I want to know Josie Mooney. And if she’s awful, then we won’t be friends.’ I’m just fascinated by getting to know people. And virtually always, they’re a little like Wagner operas: they’re better than they sound.”

Hellman was the chair of the Committee on Jobs when he got to know Mooney, who chaired the San Francisco Labor Council and was a natural political adversary for the pro-business group, particularly when Hellman was leading the fight to do away with the city’s gross receipts tax, which has proved to be costly for the city and a boon for downtown.

But after that victory, Hellman turned around and cochaired a campaign with Mooney to retool and reinstate the gross receipts tax in a way that he believed was more fair and helped restore the lost revenue to the city.

“We lost, but he put $100,000 of his own money into that campaign,” Mooney told us, noting that the proposed tax would have cost Hellman and Friedman around $70,000 a year. “I think he just thought the city needed the money. It was a substantive point of view, not a political point of view.”

Mooney considers Hellman both a friend and “an extraordinary human being…. He has made a huge contribution to San Franciscans that doesn’t relate to ideological issues. A tremendous thing about Warren is he’s not ideological, even in his political point of view…. On politics, I’d say he is becoming more progressive as he understands the issues that confront ordinary people.”

Mooney is one of the people who have helped bring him that awareness. When they first met, Mooney said, Hellman told her, “You’re the first union boss I ever met.” That might have been an epithet coming from some CEOs, but Hellman had a genuine interest in understanding her perspective and working with her.

“In a sense, I think that was a very good era in terms of cooperation between the Committee on Jobs and other elements of the city,” Hellman said. “Josie and I had already met, and we’d established this kind of logic where 80 percent of what we both want for the city we agree on, and 20 percent [of the time, we agree to disagree].”

Committee on Jobs executive director Nathan Nayman — who called Hellman “one of my favorite people in the world” — told us that Hellman feels more free than many executives to be his own person.

“He’s not with a publicly held company, and he doesn’t have to answer to shareholders,” Nayman said. “He takes a position and lives by his word. You don’t see many people like him in his income bracket.”

Hellman has become a trusted hub for San Franciscans of all political persuasions, Nayman said, “because he’s very genuine. He’s fully transparent in a city that likes to praise itself for transparency. What you see is what you get.”

Hellman expects the same from others, which is why he walked away from SFSOS (and convinced Feinstein to bolt as well) in disgust over Randlett’s scorched-earth style. Among other efforts, SFSOS was responsible for below-the-belt attacks on Sups. Chris Daly, Jake McGoldrick, and Gerardo Sandoval (whom a mailer inaccurately accused of anti-Semitism).

“If all things were equal, I’d just as soon that SFSOS went away,” Hellman said. “SFSOS started doing the opposite of what I thought they would be doing, so it was fairly easy for me to part company with them. What I thought we were doing is trying to figure out ways to make the city better, not just being an antagonistic, nay-saying attack organization. I’m not a huge fan of Gerardo Sandoval, but I thought the attacks on him were beyond anything I could imagine ever being in favor of myself. And it was a series of things like that, and I said I don’t want anything more to do with this.”

Downtown, they’re not always quite sure what to make of Hellman.

“Every once in a while, he does things that irritate people who are ideologically conservative,” Mosher said. “He took an immense amount of heat for supporting the Reiner initiative [which would have taxed the rich to fund universal preschool].”

He’s given countless hours and untold riches to public schools, doing everything from endowing programs to knocking on doors in support of bond measures and often pushing his colleagues to do the same.

“My connection to him has been through the school district, and he’s really been a prince,” Sup. Tom Ammiano said. “He has even stopped calling me antibusiness. He put a lot of his energy into improving public education, and so he shows it can be done.”

Progressives don’t always agree with Hellman, but they feel like they can trust him and even sometimes win him over. “If you get a relationship with him and you’re always honest about the facts and your own interests, he will listen, and that’s pretty remarkable,” Mooney said. “He shows a remarkable openness to people who have good ideas.”

His appreciation for people of all stripes often causes him to reject the conventional wisdom of his downtown allies, who viciously attacked the Green Party members of the Board of Education a few years ago.

“Everybody said, ‘Oh my god, Sarah Lipson, you know, she’s a Green Party member, she’s the furthest left-wing person on the board,’ blah, blah, blah,” he said. “And I phoned her up one day and said, ‘I’d really like to meet you.’ And she’s — leave aside the fact that I think she’s a very good person as a human being, but she’s a very thoughtful, analytic person. Listening to her opinions about things that are happening in the school district, I really respect that. I mean, what do I know about what’s going on in the school district? I know more now than I did then. But just getting to know people, and maybe get them to understand my point of view, which isn’t that penetrating.”

Many of his efforts have received little publicity, as when he saved the Great American Music Hall from closure by investing with Slim’s owner Boz Scaggs and helping him buy the troubled musical venue. “There are things that you and I don’t even have a clue that he has done,” Nayman said.

“He’s an interesting guy,” Mosher said. “He’s one of a dying breed, a liberal Republican. He has a social conscience and wants to use his money to do good.”

Actually, calling Hellman liberal might be going too far. In the end, he’s still very much a fiscal conservative. He doesn’t support rent control, district elections for the Board of Supervisors, taxing businesses to address social problems such as the lack of affordable health care, or limits on condo conversions.

He also opposes the requirement that employers provide health care coverage, which downtown entities are now suing the city to overturn, telling us, “In general, I don’t think it’s a good idea, because I’m still, even in my aging years, a believer that the marketplace works better than other things…. Universal health care I do believe in, but what I worry is that it’s going to be another damned bureaucracy and that it’s not going to work.”

Yet he doesn’t believe wealth is an indicator of worth, saying of his fortune, “It is luck. Most of what you do you aren’t better at than everyone.”

He doesn’t believe in the law of the jungle, in which the poor and weak must be sacrificed in the name of progress. In fact, he feels a strong obligation to the masses.

As he told us, “My mantra for capitalism — and I didn’t invent this, but I think it’s pretty good — is that capitalism won, and now we need to save the world from capitalism.”

Hellman looms large over downtown San Francisco. His Financial District office offers a panoramic view of the Bay Bridge, Treasure Island, the Ferry Building, and the rest of the city’s waterfront. He likes to be personally involved with his city and the companies in which Hellman and Friedman invests.

“Usually I’m directly involved,” he told us in an interview earlier this year. “I’ve always said that I don’t like to go to the racetrack to just look at the horses. The fun of being a principal is that you’re standing at the track and not saying, ‘Gee, that’s a beautiful gray horse.’ You’re saying, ‘Come on, he’s got to win!’ So I’m almost always invariably invested in the companies that we work with, either individually or through the firm.”

Unlike many Wall Street barons who strive to control a company and bring in new executives, flip it for a quick profit, or liquidate it, Hellman said his firm tries to identify solid companies and help facilitate what they do. “We don’t usually take over companies. I always think that we provide a service to help the businesses,” he said. “Our job is kind of the opposite of owning a factory. Our job is to be sure the people who run the business feel like it’s their business.”

Similarly, he thinks capitalists need to feel a sense of ownership over society’s problems, something he thinks is taking root in San Francisco and other economic centers, particularly among the younger generations. “It’s about understanding how much suffering there is on the other side and trying to figure out how that suffering can be alleviated,” he said. “I think it’s partly good economics that as you bring people up, they’re able to do more for society. If nothing else, they’re able to buy more and shop at a Wal-Mart or something — probably someplace you would wildly disapprove of — and buy goods and services. But I don’t think it’s that narrow.”

Rather, he believes that everyone has a little progressive in them, a little desire to cooperatively solve our collective problems rather than pass them off to future generations. He sees a marked change from his days at Lehman Bros.

“Everybody was into making it,” he said, noting that many capitalists then did charity work as a means of attaining social status but focused mostly on the accumulation of wealth. But, he said, the new generation of capitalists seems genuinely interested in improving the world.

“The feeling for giving back in the next generation, in the now 25- to 35-year-olds, it’s just an order-of-magnitude difference than it was for people who are now in their 40s and early 50s,” Hellman said. “I’m very encouraged.”

Yet the flip side is that, in Hellman’s view, downtown doesn’t wield as much power as it once did. Low political contribution limits have made politicians less dependent on downtown money, creating fewer shot callers, while democratizing tools such as the Internet have broadened the political dialogue.

“For the last 30 years we have become an increasingly tolerant city, and that’s great,” he said. “In the old days, [the Guardian] complained about downtown, and yeah, no shit, downtown really did control the city. The benefit was as that slipped away, the city became fairer and more open to argument. So now downtown hardly has any power at all anymore. In a sense, that’s a good thing. Tolerance grew tremendously when the city wasn’t dictated to.”

That tolerance caused street fairs to pop up all over town and festivals such as Hellman’s Hardly Strictly Bluegrass to blossom in Golden Gate Park. Bike lanes have taken space from cars, events such as Halloween in the Castro have gotten crazier, street protests have gotten bigger and more frequent, and people have felt more free to fly their freak flags. And all that freedom eventually triggered a backlash from groups of isolated NIMBYs who complain and often find sympathetic ears at city hall.

“Sometimes you get the feeling in this city that in the land of the tolerant, the intolerant are king,” said Hellman, whose festival has endured noise complaints even though the music is shut off by 7 p.m. “There is a continuing pressure to do away with fun, because fun is objectionable to someone, [but] we need to think about not creating a new dictatorship of a tiny group of people whose views are not in line with the opinion of most of the people of San Francisco…. You should try to balance the good of a lot of people versus the temporary annoyance of a few people.”

Preserving fun and a lively urban culture is a personal issue for Hellman, who plays the five-string banjo and calls his festival “the most enjoyable two days of the year for me.” He helps draw the biggest names in bluegrass music and acts like a kid in a candy shop during the event.

“I feel very strongly that an important part of our culture is built on the type of music and type of performance that goes on at Hardly Strictly Bluegrass,” Hellman said. From parables set to music to songs of struggle and the old union standards, “that kind of music is the conscience of our country.”

He considers bluegrass a vital and historically important form of political communication, more so than many of the upscale art forms that the rich tend to sponsor. “I’m glad that we have first-rate opera, but it’s equally important that we foster the kind of music, lyrics, etc., that support all this,” he said. “Somebody once said that most of the great Western philosophy is buried in the words of country songs. And that’s closer to the truth than most people think. A big passion of mine is to try to help — and people have defined it too narrowly — the kinds of music that I think have a hell of a lot to do with the good parts of our society.”

Perhaps surprisingly for a Republican venture capitalist from the older generation, Hellman also considers the countercultural freaks of San Francisco to be some of the “good parts of our society.” That’s why he attended Burning Man for the first time last year and why, he said, he loved it, as much for the culture and community as for the art.

“I went to Burning Man because as much as possible I want to experience everything,” he said. “I want to just see directly what it’s like. I knew I’d enjoy it. I never doubted that. But what really overwhelmed me is it was 40,000 people getting along with each other. I mean, it’s pretty intense. There were dust storms and the world’s most repulsive sight: nude men over 70 just dangling along. But I never saw an argument. It was 40,000 people just enjoying each other.”

It was most striking to Hellman because of the contrast with the rest of society. As he said, “I’ve never seen this country so divided.”

While Hellman supports Schwarzenegger — calling him “a good advertisement to California” — he has nothing good to say about his fellow Republican in the Oval Office. He calls Bush’s tenure “an absolute four-star disaster.” The invasion of Iraq is the most obvious problem, he said. “Our war policy has slowly veered from being ‘Don’t tread on me’ to we’re going to jump on your neck.”

But his antipathy to certain aspects of the Republican Party began even earlier, when the religious right began to take over.

“I thought we were not that polarized during the Clinton administration. I was somewhat encouraged,” Hellman said. “Maybe there was an undercurrent of strident religious behavior or strident conservatism, but not the conservatism that I think the Republican Party used to stand for, which was fiscal conservatism instead of social conservatism. Somehow, there was this angst in this country on the part of religious people who I guess felt this country was being taken away from them, and they were the kind of stalwart or underpinnings of society. And they took it back.”

But in the wake of that disaster, Hellman thinks, there is an opportunity for reasonable people of goodwill to set the future political course. As Nayman said of Hellman, “He does believe there is a middle way pretty much all the time.”

Politically, that’s why Hellman gravitates toward the moderates of both major parties, such as Schwarzenegger and Newsom. He looks for people who will marry his economic conservatism with a regard for things such as environmentalism and social justice.

“It’s very tough to be a big-city mayor,” Hellman said. “[Newsom is] probably the best mayor we’re entitled to. He’s got this fantastic balancing act.”

Hellman said downtown hasn’t been terribly happy with Newsom for supporting striking hotel workers, getting behind Ammiano’s health insurance mandate, supporting tax measures, and generally letting the Board of Supervisors set the city’s agenda for the past two years.

“Their measure is he has 80-percent-plus popularity, and he ought to spend some of it. Well, they might not agree with what he would spend it on. And he’s been unwilling to spend very much of it. In some parts of the business community there is disappointment with him, but I don’t think that’s right. He didn’t hide what he would be like.”

What Newsom said he would be — a big reason for his popularity — is a mayor for the new San Francisco, a place where the city’s traditional economic conservatism has been tempered by a greater democratization of power and an ascendant progressive movement that expects its issues to be addressed.

“I don’t like people who are intolerant,” Hellman said. “I don’t like people that are telling you something to get some outcome that, if you understood it, you probably wouldn’t want. I like people that are passionate.”

Asked, then, about Sup. Chris Daly, the nemesis of downtown and most definitely a man of strong political passions, he said, “I admire Chris Daly. I disagree with Chris on a lot of things he believes, but there are also probably a lot of things I would agree with Chris on. And I respect him.”

Hellman is the rare downtown power broker who wants to bridge the gap between Newsom — whom he calls a “moderate to conservative establishment person” — and progressives such as Daly, Mooney, and the Bicycle Coalition. The middle ground, he said, is often a very attractive place, as it was with Healthy Saturdays.

“I’m sure you spend time in the park on Sunday, and it’s a hell of a lot nicer in there on Sundays than Saturdays,” Hellman said. But even more important to him, this is about integrity and being true to what Golden Gate Park garage supporters promised back in 2000.

“They were proposing Saturday closing at that time, which I’ve always thought was a good idea,” he said. “And we made a commitment to them, or I thought we made a commitment to them, that let’s not have Saturday closure now, but as soon as the garage was done, we’d experiment with Saturday closure.”

We brought up what Fine Arts Museums board president Dede Wilsey has said of that pledge, that it was under different circumstances and that she never actually promised to support Saturday closure after the garage was completed.

“There’s a letter. She put it in writing,” he said of Wilsey. “She signed a letter on behalf of the museums saying that when the de Young is done, we should experiment with Saturday closings.”

The Bike Coalition’s Shahum said that even when Hellman was an enemy, he was a reasonable guy. But it’s in the past couple of years that she’s really come to appreciate the unique role he plays in San Francisco.

“He showed decency and respect toward us,” she said. “We never saw him as a villain, even though we disagreed completely. Later he really stepped up and has been a leader on Healthy Saturdays. And what I was most impressed with is that he was true to his word.”

Supervisor McGoldrick, who sponsored the measure, echoed the sentiment: “Hellman was certainly a man of his word who acted in a highly principled way.”

So why does Hellman now stand apart from the downtown crowd? Has he parted ways with the economic and cultural power brokers who were once his allies?

No, he said, “I think they parted ways with me.” *

 

Marginalizing Theresa Sparks

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By Tim Redmond

The Chronicle was a day late with the news of what went on at the Police Commission Wednesday night, and its story today was stunning in how it missed the point. Is it not at all worthy of mention that, for the first time in the history of the United States, a transgender person became president of a big-city police commission?

No, apparently not for the Chron, which instead refered to new president Theresa Sparks as “chief executive officer of sex-toy retailer Good Vibrations.” The person who she defeated for the top job, Joe Marshall, was referred to as “a nationwide expert on juvenile justice.”

No mention in this story of Sparks rather remarkable life and her qualifications for the job. (That info couldn’t have been too hard to find; it was right in the Chron’s own archives.)

My opinion? Outgoing president Louise Renne has been trying to marginalize Sparks and undermine her authority before she can even get started. Robert Haaland has a nice analysis in Leftinsf.

Full disclosure: My domestic partner is acting director of the Office of Citizen Complaints, which means she works for the Police Commission.

NIMBYs wanna 86 Club Six (updated)

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UPDATE: I ADORE all the controversy this post is causing (thanks BeyondChron!). Admittedly I wrote this almost a month ago, then hightailed it to the jungles of Peru — just as the facts of the case were becoming clearer. Steve Jones elaborated on the case later in the game here. It’s encouraging that Sixth Street residents are organizing to protect their living conditions, but the reality is that Club Six is zoned properly and obeying the rules, as far as I know. And I stand by my opinion that Six is one of the liveliest clubs in the city. Also admittedly, I jumped to some distasteful conclusions right away (although I was acting at the time on the info available — like any good hothead blogger). But that’s the fun of being a drama queen.

So now some whiny “Not In My Backyard” folks are after one of the best big hip-hop/dubwize/ragga/house spots in the Bay — the six-and-a-half year-old Club Six.

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I love Six — the subterranean downtown-ness of it — definitely a little rough around the edges, but nice and soft inside. The irony of this whole sad affair is that the complaining neighbors are saying that Six is too loud — ON SIXTH STREET! Bwahahaha! Are they kidding? Not only has Six’s owner, Angel Cruz, invested a ton o’ duckets into soundproofing the place, but — C’MON! –it’s Sixth Street. The rowdies on the street fart louder than Club Six.

Still, Six faces its license getting pulled for a month, which would break the place. Click here to read an open letter from Angel to the nightlife community, and see how you can help (PDF). Folks like us helped save Hole in the Wall last week — let’s pitch in and keep nightlife diverse in the Bay!

SF, the next generation

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OPINION Do you dream of a city where housing is affordable, where the diversity of our heritage is celebrated, where there are good schools in every neighborhood, where all children are safe, and where the next generation reaps the rewards of their families’ hard work?

This dream for San Francisco is possible. But it will require our determination to claim San Francisco as a city of opportunity for all. And it starts with our children — the 100,000 children who call this city their home today. They deserve the opportunity to see this dream come to life.

But the future being built before our eyes threatens these dreams and the values that have made San Francisco great. With 25,000 luxury condos on the way and very little housing planned that low- and middle-income families can afford, San Francisco may become a city only for the wealthy, with all its neighborhoods sold to the highest bidders.

And without affordable family housing or quality education, the children of today will be shut out of the city’s prosperity, unable to afford to stay in the city they call home.

We have called on the mayor, the Board of Supervisors, the superintendent of schools, and the San Francisco Unified School District Board of Education to commit to Next Generation SF — a broad and long-term agenda developed by our parent and youth leaders to claim San Francisco as a city of opportunity for all.

The Next Generation SF agenda has three priorities:

More affordable family housing. Double the city’s current affordable family housing pipeline of 1,500 units (recently revised to 1,700) to 3,000 units by 2011. This seems modest when two-thirds of the city’s families (about 39,000 families) are currently in a housing crisis, according to the city’s own data.

Good schools for all. Increase the opportunity for all students to go on to college or living-wage work, with an emphasis on students who are currently being left behind. Make the racial achievement gap in the SFUSD public schools (the most alarming gap in the state) the number one priority for the soon to be hired superintendent of schools. Raise the achievement of all students so that at least 60 percent of students in all racial groups have the opportunity to go to college by 2011.

Safety and security for all. Increase city budget investments in the safety and economic security of SF families, above the legal requirements. After running last year’s successful $10 million Budget 4 Families campaign, we are supporting this year’s Family Budget Coalition $20 million campaign for high-quality child care, violence prevention and alternatives to incarceration, youth employment, family support services, and health and after-school services.

But in order to create hope and opportunity for all San Franciscans, it will take the whole city to raise the next generation. Join Coleman Advocates for Children and Youth and more than 80 labor and community organizations May 12 at the Rally for the Next Generation at the Civic Center from 11 a.m.–1 p.m. *

NTanya Lee

NTanya Lee is executive director of Coleman Advocates for Children and Youth.

Ellis Act crisis

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OPINION Between 2004 and 2005, Chetcuti and Associates, a Walnut Creek real estate development company, bought eight Mission District apartment buildings. Within the first few weeks of ownership, the company served all the tenants in four buildings with Ellis Act eviction notices. In the next two months, three of the other buildings were Ellised. The company held on to the eighth building for a year before it gave those tenants Ellis notices.

The same is true throughout the city: John Hickey Brokerage, another out-of-town real estate company, gave Lola McKay (who died in 2000 while fighting her Ellis eviction) a notice within weeks after buying the building and then did the same to tenants in a North Beach apartment building – evicting those tenants just five days after a purchase deal closed.

In fact, more than half of all Ellis Act evictions in San Francisco are done by real estate speculators who have owned their buildings for less than six months. Almost one quarter are done by speculators who have owned the building for less than a month (and many of those are done in the first hours or days of ownership).

The buildings are then often sold as tenancies in common – essentially, as condos for people much wealthier than the ones who were evicted.

Rampant real estate speculation is bad enough on its own. What makes it worse is that this pattern is also an abuse of everything the Ellis Act was intended to be: a way for long-term landlords to be able to get out of the rental business and retire. When the Ellis Act was passed in 1985, its proponents said its purpose was to allow a landlord "to go out of business when he or she is convinced that they are no longer willing to devote the time, accept the frustration, expose themselves to the liability and other factors of continuing to be a landlord."

Apparently, companies such as Chetcuti and Associates and John Hickey Brokerage decided within days and weeks that they just couldn’t devote the time to or accept the frustration of being a landlord anymore and were compelled to evict the tenants. And that’s the case for hundreds of other real estate investors, many of whom are getting tired of being landlords within days of buying rental property.

Senate Bill 464 – which the State Senate will vote on any day now – would rectify this abuse and return the Ellis Act to its original intent. This bill simply says that a landlord must own property for at least five years before using the Ellis Act to evict tenants. It’s simple and fair, and it hurts only real estate speculators.

The vote is expected to be close – and unbelievably, the bill may not pass because a senator from San Francisco, Leland Yee, has indicated he may oppose it. No other city in California has been hit harder by the Ellis Act than San Francisco – yet our very own senator may kill this bill.

Thousands of residents here have been evicted under the Ellis Act, most of them senior or disabled. Ellis evictions are a crisis in San Francisco and are destroying lives and neighborhoods and communities.

Please call (415-557-7857) or fax (415-557-7864) Sen. Yee to ask him to support SB 464. *

Ted Gullicksen

Ted Gullicksen is executive director of the San Francisco Tenants Union.

How can you trust newspaper chains that can’t cover the big story: their secret moves to end daily competition in the Bay area?

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By Bruce B. Brugmann

Click here for the Guardian editorial Reilly’s Victory

Click here for the Guardian story Beyond the Reilly settlement

I was glad that I went to the Clint Reilly press conference April 23 and saw for myself what Reilly and his attorney Joe Alioto won in their historic settlement with Hearst and Singleton and just how the two monopolizing newspaper chains would cover the story about their own monopolizing moves. This was a crucial litmus test for them and their pleas that this was all their way of staying alive and “competitive.”

In a phrase, the coverage of the chains (and their Gannett and Stephens chain partners) was lousy and confirmed the essential Reilly point: that they weren’t competitive chains and that they couldn’t be trusted to cover such a big local story about themselves or each other.

When I was asked by a reporter for my opinion of the settlement, I sat down and battled out my comment quickly:
“I think Reilly again performed a major journalistic and public service by taking on a tough and expensive antitrust case that neither the Bill Lockyer/Jerrry Brown AG’s office or the George Bush/Alberto Gonzales U.S. Department of Justice wouldn’t touch. I think it was a major feat that he accomplished what he did: (a) expose the Hearst/Singleton documents of collaboration and secrecy; (b) force a public and journalistic debate on the issue of regional monopoly, and (c) force Hearst and Singleton to rescind their secret collaboration and investment agreements and force them to compete for the duration.

“Wouldn’t it have been simply awful if no one had come forward to blow the whistle on the secret moves of the nation’s biggest chains, headed by conservative publishers from Denver and New York, to kill daily competition and impose regional monopoly on one of the most liberal and civilized regions in the world? Wouldn’t it have been simply awful if someone, like the Guardian, Media Alliance, and the First Amendment Project, hadn’t come forward to sue and blow the whistle on the monopolizers working secretly to lock up the Bay Area and then suppress the documents of collaboration in the federal antitrust case?”

Bury the Geary

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OPINION Geary Boulevard transit riders deserve a real solution to the problems plaguing the busiest travel corridor west of the Mississippi River – not a short-term fix, such as bus rapid transit (BRT), that will waste millions of dollars of taxpayer money and create even more problems and congestion for the troubled street.

Transit experts have hailed BRT as cutting-edge technology and a cheaper alternative to light-rail and subways. They point to successes in countries such as Japan, France, and Brazil – and even some US cities such as Los Angeles and Las Vegas. Successful they may be.

But the streets these BRT programs operate on look nothing like Geary Boulevard.

More often than not, these streets have no parking – and eliminating parking is something we can’t do to the residents and merchants along the corridor.

These model corridors are extremely wide and remain so throughout the course of the BRT route. On Geary we face much more challenging lane widths throughout the Richmond and east of Van Ness Avenue, not to mention the daunting challenges of how to handle the Masonic and Fillmore interchanges.

The current study of BRT on Geary is in its final stages. After three years the transit authority staff has offered the Geary Citizens Advisory Committee "choices" to recommend to the full board.

These choices include different arrays of BRT and one non-BRT option that encompasses much cheaper repairs such as proof-of-payment boarding through all doors, transit signal priority, and other improvements.

None of these choices, however, contemplates the issues Geary and O’Farrell Street face east of Van Ness, and they all assume police and traffic control will step up their enforcement of the diamond lane.

But there’s one solution we have not considered. Yes, it is the most ambitious and the most expensive, but it also could be the most transformative and could spur more people to leave their cars behind and embrace public transit: bury the Geary and create a subway.

We owe Geary corridor residents and riders this solution. Why can someone in Berkeley or Hayward get to downtown San Francisco faster than some of our residents?

Big problems require big thinking, big solutions, and, most important, leadership. So far we’ve had none of that on Geary. It’s time for our city leaders to champion a solution that can grow along with the city and help solve the congestion issues that will only continue to get worse.

San Francisco holds itself out as one of the world’s finest cities. If that’s the case, we all should remember the world’s great cities move people underground – not in buses. *

David Schaefer

David Schaefer is vice chair of the Geary Citizens Advisory Committee.

New York Times beats libel suit in Texas

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By G.W. Schulz

The 2003 package of investigative stories known as “A Dangerous Business” ranks highly among adoring muckrakers. It was put together as a joint PBS Frontline episode and series of articles in the New York Times, all led by journalistic juggernaut, Lowell Bergman. The series highlighted in excruciating detail workplace safety problems at a pipe manufacturing plant in Tyler, Texas, owned by the Alabama-based company, McWane, Inc. and earned the contributors a Pulitzer Prize.

The Justice Department and Environmental Protection Agency launched criminal investigations into McWane plants the same month that the series launched.

bergman1.jpg
Lowell Bergman to world:
“Don’t fuck with public television.”

But after it actually ran, a cloud of sorts was cast over Bergman’s reporting when the owner of a workplace safety medical provider called Occu-Safe sued for libel arguing that the Times articles included false statements about the quality of care provided to McWane employees by Occu-Safe.

A judge has dismissed the libel suit as of Tuesday without offering a written opinion, meaning it’s not clear what argument made by Times attorneys in a motion for summary judgment worked. But the Times legal team had argued that the articles could not be legally regarded as defamatory, because they described conditions and events at the plant truthfully. A Times vice president believes Occu-Safe will appeal, but he says they’re sure to prevail again.

The entire package is a riveting primer for anyone even remotely interested in how workplace safety regulation works (or doesn’t, depending on a number of factors) in the United States. Bergman more recently completed a series of pieces for Frontline on the fate of newspapers (and other media) in the United States and is a professor at Berkeley’s graduate School of Journalism.

*Image from Berkeley’s journalism school Web site

Meeting acute

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› a&eletters@sfbg.com

REVIEW In the aftermath of the Oklahoma City bombing, one of the only voices raised on behalf of understanding Timothy McVeigh — that is, as someone slightly more complicated than a Hollywood-style incarnation of pure evil — was that of Gore Vidal. Vidal insisted on pointing to the obvious: the bombing of offices that included the local headquarters of the FBI and the ATF — although utterly cruel and misguided in leading to 168 deaths — was not arbitrary wickedness but a carefully considered act of revenge. As Vidal put it in his article on McVeigh for Vanity Fair, the bombing of the federal building in Oklahoma City "was the greatest massacre of Americans by an American since two years earlier, when the federal government decided to take out the compound of a Seventh-Day Adventist cult near Waco, Texas."

McVeigh — a decorated military hero of the Gulf War, as it turned out — had counterattacked a government he claimed was waging war against the American people. In this opinion, McVeigh, who insisted he had no accomplices, was not alone. He represented a growing libertarian movement afoot in the American heartland. Moreover, as Vidal, a critic from the left of federal tyranny, pointed out in a 1998 piece for Vanity Fair, "Shredding the Bill of Rights," the government had violated Posse Comitatus in laying its siege of the Branch Davidians.

For Vidal’s attention to the matter, McVeigh began a correspondence with him, even inviting the writer to attend his execution — an invitation Vidal declined. This immediately sounds like a fascinating, even dramatic dialogue. But stageworthy? Edmund White’s two-hander, Terre Haute, shrewdly ups the ante a bit, imagining an actual date between Vidal and McVeigh — respectively cast as the lightly fictionalized writer James Brevoord (a fine John Hutchinson) and the transparently McVeigh-like terrorist Harrison (a fiercely magnetic Elias Escobedo, who even bears a strong physical resemblance to the original). They encounter each other in the flesh in a series of brief meetings across a plastic security screen in the maximum-security prison in Terre Haute, Ind., during the days preceding Harrison’s execution.

On death row Harrison has had time to think over his actions. Neighbor Ted Kaczynski, we learn, has suggested he would have done better to blow the building up at night, when it was empty of innocents. But Harrison remains unrepentant, even if we see the burden of responsibility close over him when the lives of innocent "collaterals," particularly the children at the day care center, get mentioned. Brevoord — who is there to write on the meaning of Harrison’s act and to boldly ask the whys so studiously erased in the media — sympathizes with Harrison’s anti-imperialism while provoking the younger man with mounting scorn for his embrace of feeble right-wing conspiracy theories.

Besides a political tête-à-tête, the meeting is the occasion for a clash of personalities, temperaments, and backgrounds, all of which White brings out starkly in the dialogue: Brevoord, for instance, is the kind of man who has no trouble using kerfuffle in an idle sentence, although an indeed is more than enough to throw Harrison for a loop. The tension here is often lightly comical, but the point about education, intellect, and political opposition (and the art of the interviewer) is well made. And if the script feels overly expositional at times, the actors offer strong and credible performances throughout.

The New Conservatory Theatre Center’s US premiere is a sharp and intimate production, staged by director Christopher Jenkins with intelligent assurance, including a concentration on character that garners moments of alternately subtle and electric intensity between two men negotiating an extraordinary situation. Yet the director can’t resist kitschy flourishes, introducing the McVeigh character, for instance, with a short piercing scream of sound and a light that illuminates Harrison standing like Hannibal Lecter behind the see-through wall of the visiting cell. Scenic designer Bruce Walters’s visiting room, meanwhile, is a simple but convincingly dire arrangement of wire-woven Plexiglas walls, yellow-taped borders, and blinking security cameras.

White draws the facts of the case, as well as the style and argument from Vidal’s relevant essays, into well-crafted if sometimes information-laden dialogue. It can be too clashing and unnecessarily confrontational, but it is generally graceful and filled with absorbing ideas, especially in the monologues given to the Vidal character. Unfortunately, the play gets distracted from the meat of its story. That tale not only sports an intriguing tension between two very different sorts of rebels but is politically urgent and deep, ranging from the correct response to a truly totalitarian encroachment on fundamental liberties to the dissolving relation between cause and effect in a culture dominated by mind-numbingly interchangeable images of good and evil.

Instead, the play ends up veering off into carnal considerations of repressed desires, a layer to the characters’ relationship that was probably best left hinted at. The best you might say about it is that it further humanizes a figure too quickly passed off as a cartoon rather than a riddle that needs solving. But in practice it tends to trivialize what’s gone before, inevitably mixing an unhelpful pinch of Freud into the media-repressed why of a terrible public act. *

TERRE HAUTE

Through May 6

Wed.–Sat., 8 p.m.; Sun., 2 p.m.; $22–$40

New Conservatory Theatre Center

25 Van Ness, SF

(415) 861-8972

www.nctcsf.org

>

This November, let’s fix Muni

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OPINION In 2007 quality public transportation is not just a hallmark of a world-class city; it’s our best defense against global warming. In a state where half of all greenhouse gas emissions comes from mobile sources, we have to provide people the real choice to get out of their cars and onto public transit.

Nationwide, public transit use was up 3 percent last year. In San Francisco, Muni’s ridership declined 2 percent. This is a city that understands the threat of global warming, rallies against oil wars, believes in an improved quality of life with fewer cars, and long ago adopted a transit-first policy; the Muni ridership drop is totally unacceptable.

Muni should be attracting new riders, not driving the existing users off the system. A reliable Muni is also a serious social justice issue: 29 percent of San Francisco households get by without a car, mostly because they can’t afford it.

Muni’s meltdown in the 1990s was one of the biggest failures of the Willie Brown administration. The crisis caused voters to amend the City Charter in 1999 and create the Municipal Transportation Agency (MTA), setting explicit standards of service quality and guaranteeing predictable funding. Using new capital from the reauthorization of the sales tax for transportation, Muni was able to replace its bus fleet and restore most of its operability.

However, early in the Gavin Newsom administration, Muni service quickly began to deteriorate. Recently, Muni officials even sought to lower their on-time goals. This month’s opening of the T–Third Street line brought Muni metro service to a near standstill. Muni leadership apparently agreed that the problems were unacceptable — they spent much of their time passing out written apologies to Muni riders. However, these service interruptions are symptoms of deeper, structural problems at Muni. Apologies are not enough. It’s clear that significant additional Muni reform is necessary.

That’s why we are proposing a charter amendment for this November’s ballot to make managers and operators more accountable for their performance and to find new sources of revenue for this struggling system.

The MTA currently lacks the vision, accountability, and resources to deliver the transportation system that San Francisco needs. While Muni’s structural deficit has risen to $150 million a year, Muni officials have been slow to propose revenue options, and we know voters won’t be happy to provide more funding without structural reforms that make those public investments worthwhile. Measured in passengers carried per hour of revenue service, Muni’s current productivity has dropped to a historic low.

We need to make sure Muni’s managers and service planners have the tools to deploy their workforce efficiently, and we need to hold them accountable for delivering promised service.

We don’t know if Newsom will support substantial Muni reforms — but the system has broken down on his watch, and every San Franciscan who relies on Muni and who cares about the environment needs competent leadership from city hall now. *

Chris Daly and Aaron Peskin

Supervisors Chris Daly and Aaron Peskin represent Districts 6 and 3, respectively.

 

The silver bullet train

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› steve@sfbg.com

There aren’t many easy answers to the environmental crisis facing California, a state with a fossil fuel–dependent culture that’s cooking the planet, congesting the freeways and airports, and hastening a tumultuous end to the oil age. But there is one: build a high-speed rail system as soon as possible.

All the project studies indicate this should be a no-brainer. San Franciscans could travel to Los Angeles in just a couple hours, the same time it takes to fly, at a fraction of the cost. And the system — eventually stretching from Sacramento to San Diego — would generate twice as much money by 2030 as it costs to build. The trains use far less power than planes or cars and can be powered by renewable resources with no emissions. The system would get more than two million cars off the road and single-handedly reduce greenhouse gas emissions by as much as 12 million metric tons per year.

High-speed rail is a proven green technology that works well everywhere it’s been implemented, including most of Europe and Asia. In France the TGV line from Paris to Lyon connects the country’s two most culturally important cities in the same way that Los Angeles would be linked to San Francisco — from one downtown core to the other — allowing for easy day trips and ecofriendly weekend jaunts. Advocates for high-speed rail say it’s an essential component of California going green and the only realistic way to meet the ambitious climate change targets approved last year in Assembly Bill 32.

Yet for some strange reason, the idea of high-speed rail has barely clung to life since San Franciscan Quentin Kopp first proposed it more than a decade ago as a member of the State Senate and set the studies in motion, all of which have found the project feasible and beneficial. Today Kopp, a retired judge, chairs the California High-Speed Rail Authority (CHSRA), which has fought mightily to move the project forward despite severe underfunding and sometimes faltering political support.

Growing awareness of climate change has increased support for high-speed rail among legislators and in public opinion polls (among Democrats and Republicans), leaving only one major impediment to getting energy-efficient trains traveling the state at 220 mph: Gov. Arnold Schwarzenegger.

While posing for the April 16 cover of Newsweek with the headline "Save the Planet — or Else" and touting himself around the world as an environmental leader, Schwarzenegger has quietly sought to kill — or at least delay beyond his term — high-speed rail.

The $10 billion bond issue to build the LA-to-SF section was originally slated for 2004, then pushed back to 2006, then pushed back to 2008 because Schwarzenegger worried it would hinder the $20 billion transportation bond, Proposition 1B, which was focused mostly on new freeway construction.

Part of the deal to delay the train bond involved giving the CHSRA the money it needed to start ramping up the project, which included $14.3 million last year, the most it has ever received. But rather than give the authority the $103 million that it needs this year to honor contracts, set the final Bay Area alignment, start buying rights-of-way, and complete the engineering work and financing plan, the governor’s budget proposed offering the agency just $1.3 million — only about enough to keep the lights on and not fire its 3 1/2 staffers.

And now Schwarzenegger is asking the legislature to once again delay the 2008 bond measure, which would take a two-thirds vote of both houses. "Investing in it now would prevent us from doing bonds for any other purposes," the governor’s spokesperson, Sabrina Lockhart, told us, citing prisons, schools, and roads as some other priorities for the governor. "It’s not cost-effective in the short term."

The stand baffles environmentalists and other high-speed rail supporters, who say the project is expensive but extremely cost-effective over the long term (although it gets less so the longer the state delays, with about $2 billion tacked on the price tag for every year of delay).

"If the governor would get up on his bully pulpit and talk about high-speed rail to the California people, we would be starting construction in 2009," Kopp told the Guardian. "What you have is political fear instead of political will."

Asked why Schwarzenegger doesn’t seem to understand the importance of this issue — or how it relates to his green claims — CHSRA executive director Mehdi Morshed can only guess. Some of it is the daunting price tag and long construction schedule, some of it is that the governor tends to defer to the Department of Transportation for his transportation priorities, "and they’re in the business of building more roads, so that’s what they say we need."

But mostly, it’s a failure to understand the kind of transportation gridlock that’s headed California’s way if we do nothing. "It’s an alternative to meeting the travel demand with more highways and airport expansions," Carli Paine, transportation program director with the Transportation and Land Use Coalition, told us. But as Morshed told us, "The governor doesn’t suffer much on the freeways, and he has his own plane."

The person doing Schwarzenegger’s dirty work on high-speed rail is David Crane, an attorney turned venture capitalist who, although he’s a Democrat from San Francisco, is one of the governor’s top economic advisers and his newest appointee to the CHSRA board. Despite thick stacks of detailed studies on the project, Crane seems to want to return the project to square one.

"There’s never been a comprehensive plan for how you’re going to finance this thing," Crane told us, noting that the LA-SF link is likely to cost far more than the bonds would generate. "The bond itself is a red herring. You could raise the $10 billion now and still not have a high-speed rail."

Yet supporters of high-speed see the Schwarzenegger-Crane gambit as mostly just a stall tactic. While Crane argues that the private sector funding — which could account for about half his estimated $40 billion in total project costs (other documents say around $26 billion) — needs to be nailed down first, supporters say California must firmly commit to the project if it’s going to happen.

"Private capital won’t be interested unless they know there is a public commitment," Kopp told us.

"You need to take a leap of leadership. When there is something that makes sense in so many ways, you need to have that initial public buy-in," said Bill Allayaud, legislative director for the Sierra Club California.

Support for that stance also seems to be strong in the legislature, where San Francisco’s newest representative, Assemblymember Fiona Ma, has emerged as the point person on the issue. She even went on a fact-finding mission in France, aboard the TGV train when it reached 357 mph to break the world rail speed record.

"We can’t do it until we have that public investment," Ma told us, noting that holding detailed financial debates right now is a diversion considering that "this project will pay for itself."

"My assembly caucus is extremely positive about high-speed rail. Right now it’s on the ballot for next year, and I think it’s going to stay there," Ma said. She isn’t sure that she can get the CHSRA the full $103 million it wants this year, "but whatever we can come up with is going to be better than $1 million."

"The governor needs to get on board. This is an important environmental issue," Ma told us. "For him not to be behind it doesn’t make sense."

Californians also seem to have a hard time fully understanding the project, probably because polls show that only about 10 percent of them have ever used high-speed rail in another country. Yet polls show climate change is a top public concern among Democrats and Republicans.

"Number one, the dollar figure is daunting," Kopp said. "Number two, we’re Americans, and we just haven’t experienced it."

Yet when the project and its benefits are explained, it doesn’t seem to have any opponents outside the Schwarzenegger administration. Morshed said not even Big Oil and Big Auto — two deep-pocketed entities with a history of fighting large-scale transit projects — have opposed high-speed rail. Once people get it, everyone seems to love it.

"The reaction you get almost every time is ‘Why aren’t we building it?’ That’s the thing that is universal, people saying, ‘Why don’t we have this? What’s wrong with us?’ " Morshed said.

For such a massive project — with construction spanning almost the entire state — it’s notable that none of the state’s major environmental groups have challenged the project’s environmental impact reports, which were certified in November 2005. That’s largely because the route uses existing transportation corridors and has stops only in urban areas, thus not encouraging sprawl.

"Environmental groups generally don’t like big projects, but they like this one," the Sierra Club’s Allayaud told us. "There aren’t a lot of negatives that we’re having to balance out, and there are a lot of positives."

Yet politics being what it is, other obstacles are likely to present themselves. The CHSRA is now setting the route into the Bay Area, either through the Altamont Pass or the Pacheco Pass, both of which have political and environmental concerns.

Morshed — an engineer who served as consultant to the Senate Transportation Committee for 20 years before heading the CHSRA — expressed confidence that the project will happen if the state’s leaders support it: "It’s moving ahead, and we have very good support in the legislature. The only soft spot is the governor, who wants to postpone it and seems to have other priorities." *

Green city, part one: cut back cars

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EDITORIAL San Francisco needs a real green city agenda — not something that comes out of Pacific Gas and Electric Co.’s corrupt propaganda operation or from the timid folks in the Mayor’s Office but a comprehensive environmental plan for the next 10 years that aims at making San Francisco the nation’s number one city for green policy.

There’s no point in thinking small: this is the year for dramatic talk about real environmental action. And it doesn’t have to be overwhelmed by global problems; there’s so much to be done right here at home.

We will be laying out a much longer, more detailed platform over the next few months, but here’s one way to start:

San Francisco ought to commit to cutting car use in the city by at least 50 percent in the next five years.

How do you do that? By making cars unnecessary and slightly more expensive.

The nation’s addiction to oil didn’t come by accident. As Thomas Friedman wrote in the April 15 New York Times, then-president Dwight Eisenhower responded to the cold war in part by building the Interstate Highway System, which allowed the military to move people and weapons quickly — but also set the nation on a path to the car-driven development and land use that are now poisoning the environment and global politics. Turning that around requires tremendous dedication and political leadership, but San Francisco shouldn’t have to wait for the rest of the country.

A citywide auto-reduction plan would involve sweeping land-use changes. Some streets, such as Market, should be closed to cars entirely. Much downtown parking should be eliminated. More bike lanes and transit-only roads, more pedestrian-friendly shopping areas, and other measures of that sort would not only help discourage car use but also make the city a more livable place.

But there’s more: a city that discourages car use has to build housing for local workers — that means affordable housing for the city’s service-industry and public-sector workforce. All new housing needs to be evaluated on that basis: will people who work in San Francisco be able to live here — and avoid long commutes? Most housing currently in the planning pipeline utterly fails that test.

To make cars irrelevant, public transportation has to be vastly improved. As Sups. Chris Daly and Aaron Peskin point out in the Opinion on page 7, that means better management. But more than anything, it means money — big money. Muni fares ought to be reduced dramatically (or eliminated altogether) — but in exchange, Muni needs a dedicated funding source. A special fee on downtown businesses makes sense. A citywide transit assessment on property owners might be necessary.

It’s not fair to place a burdensome tax on cars that makes it possible only for the rich to drive — but simply restoring in San Francisco the vehicle fee Gov. Arnold Schwarzenegger wiped out would cover Muni’s deficit. Assemblymember Mark Leno is working on this, and it should be a top civic priority. So should pushing high-speed rail (see page 19), which would eliminate tens of thousands of car trips between San Francisco and Los Angeles.

There are lots of ways to approach this goal; the supervisors and the mayor just need to set it and enforce it. *

A hammer, a pizza guy, and $60

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› gwschulz@sfbg.com

When Darius Simms walked into Department 25 at the Hall of Justice late last year, dressed in the orange cottons inmates wear at the county’s downtown jail, he received some good news. He was being released.

The bad news was that he was still going to be punished for something a judge said she was pretty sure he didn’t do.

Simms had been on probation when he was arrested for allegedly bashing in the head of a pizza delivery driver for $60. But the District Attorney’s Office couldn’t make a criminal case against him, and the charges of assault, attempted murder, and robbery were dropped.

Still, on the advice of his lawyer, Simms accepted a deal that extended his probation until 2009 just to escape the hoosegow — essentially on the grounds that the normal rules of the criminal justice system don’t count for those on probation, innocent or not.

The way California’s probation system works, it doesn’t matter if law enforcement proves an ex-con committed a crime. Just getting arrested can mean trouble.

It is, one defense lawyer told us, a "dirty little secret" of criminal prosecutions in the state.

The prosecutors may not have a case to take to a jury, in which a defendant is innocent until proved guilty and the evidence has to be proved beyond a reasonable doubt. But they can send people on probation, such as Simms, to jail anyway, and that requires only a hearing before a judge.

"It’s not 12 people agreeing. It’s one," Robert Dunlap, the defense attorney for Simms, told the Guardian. "And it’s not beyond a reasonable doubt, it’s by a preponderance of the evidence. It’s a lower standard of proof."

Deputy district attorney Jim Thompson insisted that Simms was guilty even though he lacked proof, and he wanted to railroad the 26-year-old Western Addition native into more jail time.

Sitting behind the prosecutor that day in the gallery of Department 25 was a man named Tony Portillo. If Simms’s defense attorney hadn’t negotiated an extended probation for his client, Portillo would likely have testified that Simms pounded the pizza driver with what Portillo says was a wood-handled, iron-head hammer — the same testimony Portillo gave during a preliminary hearing for Simms in September 2006.

Portillo was the people’s main witness, an auto mechanic who the DA’s Office had originally believed would help keep Simms behind bars for what Thompson described as a "heinous" crime.

But case number 194817 reveals just how quickly the roles can alternate in Superior Court and how the probation status of a defendant can make a mess of the legal system.

FOR THE PEOPLE


For several months Portillo had been restoring a 1973 Dodge Challenger for his pal Apollo Pacheco’s girlfriend. The car was kept in the garage of Pacheco’s home, on 47th Avenue in the Sunset.

The 28-year-old Portillo has an unassuming stature at two inches shy of six feet and boasts an "SF" tattoo on his right arm. On April 4, 2006, he was in Pacheco’s garage working on the Challenger’s floorboards, wheelhouse, and one of the quarter panels. Portillo says he had seen Simms around the neighborhood, and the day before, Simms stopped by to ask if Portillo was willing to sell his car, which was sitting in Pacheco’s driveway. "He seemed like a fine individual," Portillo would later testify.

Simms is heavyset at six-foot-one and at the time had a short moustache and beard. He’s no stranger to the Hall of Justice. In fact, the very law enforcement office that would later try to pin him for attempted murder had sent him to the Sunset in the first place. He was supposed to be living quietly with his mother by the beach in a witness protection program, poised to testify against a man who’d allegedly shot him five times.

When the Guardian reached Portillo in person, he declined to speak on the record, but he did tell police inspectors that Simms lied at the time of their meeting by telling him he was 22. Simms, who is now 27, was also on probation for a handful of robbery and battery cases stemming from 2001.

The sale of Portillo’s junker never happened, but Simms returned the next day, and Portillo asked for help removing the Challenger’s rear window. "He was there basically for company," Portillo told the court. Throughout that second day the two talked over cans of Olde English, at which point the story began to turn.

According to court records, at some time during the afternoon, Portillo slunk into the house and stole from the fridge a rum drink prepared by Pacheco’s roommate, Ted Langlais. Langlais discovered the theft later, and the two would clash over it.

After sharing the rum, Portillo realized he needed to run to the Kragen Auto Parts store on Taraval and buy a new piece for his welder. On his way out, he asked Langlais for money, who testified that he said no.

Two young women who were visiting stayed behind at Pacheco’s house, where Langlais was painting their nails. (One of the two girls is a witness in the case, but we are concealing her name because she’s a minor. Portillo testified he believed she was Simms’s girlfriend.)

Simms, Portillo, and the girl congregated back at the garage around 7 or 8 p.m. Simms and the girl wanted to order pizza. Portillo promised to pitch in five dollars. After a period during which Portillo stated he was gathering his tools and cleaning up, the pizza arrived.

"I was washing my hands to get ready to eat," Portillo later testified. "I heard a knock on the garage. The garage was slightly open. I looked up. I saw [Simms]. I heard a thump. I looked over. I saw him striking the pizza delivery person with the blunt object."

The pizza guy, Marco Maluf, was screaming, and Simms was telling him to shut up, Portillo told inspectors the night it happened. Maluf had $60 cash on him, which he would later testify was taken.

Simms and his friend left on foot down 47th Avenue. Portillo was in shock and didn’t know what to do. He reported that he collected his tools and threw them into his car.

"Ted came down, and he said, ‘Dude, why is this guy bleeding all over my floor?’ " Portillo told the inspectors. "And I go, ‘I don’t know, Ted. Ask, ask them,’ " pointing toward the couple walking away. He didn’t call 911 but drove back toward his home in the Portola District. He called a childhood friend, a firefighter at Station 42 on San Bruno Avenue named Michael Guajardo, to ask for help. Guajardo encouraged him to go to the Taraval police station, where inspectors recorded Portillo’s version of the story.

He told the inspectors Simms called him afterward to tell him about the $60. "Dude, don’t call me again, dude," Portillo said he told Simms. "We’re done. Don’t ever — we’re done. You fucked up."

Five days later Simms was arrested for the attack. He told police interrogators that he wasn’t in the garage when the pizza arrived. Portillo, he said then, had given him and the remaining girl a ride to his house up the street. But Simms eventually admitted to police he’d returned to the garage with the girl. The girl ultimately admitted the same thing during her interview with the inspectors.

This story is far from complete, however. While Simms waited in jail, defense attorney Robert Dunlap pursued a different narrative for what happened on April 4.

FOR THE DEFENSE


Simms says he never knew Portillo as much by his birth name as he did by a nickname Portillo had given himself: Capone. He says Portillo introduced him to Langlais as a "friend from high school."

"He called me his window man," Simms told the Guardian. Simms had never taken a window out in his life, he admitted, nor had he known Portillo extensively, but he played along. "I said, ‘Cool, it’s a place to hang and drink and everything.’ "

Portillo denied in court that he ever went by the name Capone. But his close friend, Guajardo, testified during a September 2006 preliminary hearing that in recent months Portillo had, in fact, been calling himself by that name. Simms was calling Portillo by that name to police interrogators five days after Maluf was beaten. So was the girl who remained at the home that night.

Simms never testified in court, because the primary charges against him were dropped. But if Simms had testified before a jury, he likely would have told them he and Portillo had dropped by the home of Portillo’s grandfather to get some money for crack during their trip to the Kragen Auto Parts store. That’s how Simms says he knew Portillo’s grandfather had a breathing problem.

Guajardo also told the court that Portillo’s grandfather relied on a breathing apparatus for oxygen. He noted that his fire station had made medical calls to the man’s Portola home to assist him. But when defense attorney Dunlap asked Portillo about it, he denied to the court that his grandfather had any breathing problem.

Portillo also couldn’t clearly recall for the court if he’d ever been convicted of a felony. But in 2000, records show, police did arrest Portillo for cocaine and marijuana possession, and at the time, he had a suspended driver’s license. The day before Maluf was attacked, Portillo had also received a ticket for running a stop sign while taking Simms for a spin in his car along the Sunset’s Great Highway. At that time, he had a 30-day restricted license, the result of a DUI case.

After returning from the trip to Kragen and drinking a couple more beers, Portillo took Simms and the girl to Simms’s house for a change of clothes, and Portillo left alone, Simms told us.

Langlais was livid by then, having realized Portillo took his rum from the fridge. On Portillo’s way back to the house, he and Langlais argued over the phone. When he arrived, Langlais was armed with a baseball bat, according to Portillo’s court statements.

"I called Tony," Langlais testified last September, "and basically was just yelling at him on the phone for a little while…. He apologized profusely, broke down, and started crying, and I just didn’t expect that."

"I go, ‘Hey, look,’ " Portillo told the court. "’I’m not here to fight with you over this rum.’ … And he was pretty mad, so I got a little emotional."

Much of April 4 seemed charged with anxiety. Portillo by then sounded drunk, according to the testimony of Pacheco, who also argued on the phone with Portillo about the stolen rum.

The rum fiasco was resolved delicately. Simms and the girl returned to the garage with more beers. They ordered pizza. Portillo promised to pitch in. Simms says that he stepped outside for fresh air, his head spinning from the drink. The pizza man arrived.

"As soon as I step outside, I hear, ‘Uh! Uh!’ He just cavin’ this guy’s head in," Simms says. "Kickin’ him. Hittin’ him with the hammer. Just blowin’ him out of the water with it. This guy is cryin’, sayin’ some shit in some other language [Portuguese]. And [Portillo’s] yellin’, kickin’ him, sayin’, ‘Shut up! Shut the fuck up now!’ Ted comes down. He looks. ‘What the fuck is goin’ on?’ [Portillo’s], like, ‘We gotta get up outta here. I’m goin’ to Mexico.’ "

Simms says it was the start of the month and he had just cashed a Supplemental Security Income check. He didn’t need to rob the pizza man. He says police arrested him because of his background and because he lied to them about being in the garage — "I just panicked. I know how it is. I got priors."

He didn’t bother with a coat of sugar.

"The guy was small. I’m a big boy. I don’t need no fuckin’ hammer to get him. I’m just sayin’. I’m 300 pounds. If I would have used that hammer on that man, he would have been dead."

The pizza driver survived after being transferred to San Francisco General Hospital but suffered a skull fracture and lacerations that took 30 staples in his head to repair. He still gets headaches and can’t remember anything about that night.

STANDARDS OF PROOF


Nearly two decades ago the California Supreme Court declared that a lower standard of proof was sufficient to put suspects behind bars for vioutf8g the terms of their probation.

A judge convicted Juan Carlos Rodriguez of vioutf8g his probation in 1988 after a convenience store employee in King City testified that Rodriguez had shoplifted several pairs of utility gloves. The judge relied on a diluted standard of proof known as "a preponderance of the evidence" to revoke his probation rather than the "beyond a reasonable doubt" required from juries at full-blown criminal trials.

Rodriguez appealed and won. But prosecutors took the case to the state’s highest court, and in 1990 the justices decided that state case law already permitted a lower standard of proof known as "clear and convincing evidence." In effect, the court ruled, the state could send a person on probation back to jail on as little proof as it wanted. Besides, the justices argued, a higher standard amounted to retrying a criminal who’d already been granted the court’s grace and would unnecessarily burden the system.

Coincidentally, former San Francisco DA Arlo Smith filed a friend of the court brief in People v. Rodriguez supporting the state’s position.

But at least one concurring judge worried ominously that with a lower threshold for alleged probation violations, "an unfortunate incentive might arise to use the revocation hearing as a substitute for a criminal prosecution."

Former supervisor Matt Gonzalez, who worked as a public defender prior to his time at City Hall, says that’s exactly what’s happened. He recalls a case that surfaced years after Rodriguez involving a woman named Mary Elizabeth Alcoser. Although she had a long history of trouble ranging from severe narcotics abuse to prostitution dating back to the 1970s, according to criminal records, after police charged her with assault in a 1997 case, she was fully acquitted by a jury, citing self-defense.

"Even though she was acquitted," Gonzalez said, "the judge sent her to prison on a probation violation, because he determined that by a lower standard of proof, she was guilty…. The real question is, who benefits when you don’t have the higher standard of proof employed?"

In another case, Gonzalez represented a Hispanic man facing robbery charges following an incident at a Mission bar. A witness described the assailant during testimony as African American. But the judge sent Gonzalez’s client to prison on a probation violation anyway, claiming that a piece of jewelry snatched during the encounter and later found on the suspect implicated him, even though he’d never even been charged with receiving stolen property.

Gonzalez calls it the "innuendo of a case unproven."

Speaking in general terms, longtime local defense attorney Don Bergerson said it’s far from uncommon for the DA’s Office to use an alleged probation violation as leverage for getting tough jail sentences when a case otherwise looks lifeless.

"To hide behind the fact that the standard of proof required to revoke probation is ostensibly less seems to me to be morally and practically dishonest," Bergerson said, "even if one can justify it semantically."

When we reached deputy district attorney Thompson, he refused to talk about the Simms case. But spokesperson Debbie Mesloh said outright that the DA’s Office was seeking to take advantage of the lower standard of proof and added that there was at least enough evidence to hold Simms for trial.

"The charges in this case were dismissed because we await crucial DNA evidence that was not available at the time that the defendant was scheduled to go to trial," Mesloh wrote in a January e-mail. "We currently await the findings of this evidence."

Her office confirmed in a follow-up e-mail, however, that the DNA analysis has so far gone nowhere. To this day, no reasonably good physical evidence from the case has been identified.

FOR THE RECORD


Somebody almost killed Maluf, and the two most likely suspects are Portillo and Simms. Neither is a Boy Scout, and both have an obvious incentive to finger the other.

That’s exactly why courts require strong evidence — enough to convince a jury beyond a reasonable doubt — before sending someone to prison. Using shortcuts such as probation revocations leads to slipshod prosecutions and wrongful convictions.

Strong evidence standards are particularly important for a case as muddled as this one.

Portillo told the court he doesn’t do drugs, let alone smoke crack.

While he’s "got no love for Tony" over the stolen rum, Langlais told us he’s certain he heard Simms yelling at Maluf, and he saw Simms standing over him when he entered the garage from upstairs. He’s "enraged" that San Francisco’s "revolving-door" criminal justice system put Simms back on the street.

But defense attorney Dunlap said Portillo’s testimony, which the lawyer described as "inconsistent," wasn’t nearly enough to prove the assault, robbery, and attempted murder charges.

"When Jim Thompson got the case assigned to him upstairs," Dunlap said, "I think he took an honest look at it and realized he was going to have a hard time convincing a jury beyond a reasonable doubt that [Simms] was guilty of the crime. Because [Simms] was on probation, [Thompson] opted to dismiss the trial and proceed on a motion to revoke instead…. It was more or less a practical way to try and salvage something from a sinking ship."

After reluctantly accepting the extended probation deal for Simms at the hearing Dec. 13, 2006, Thompson still complained that Simms deserved more jail time.

"Your honor, this disposition is over the people’s strenuous objection," he indignantly informed Judge Charlotte Woolard. "The defendant has a lengthy criminal history…. And I do believe there is sufficient evidence that the defendant was the culprit in this matter."

But Woolard had a different opinion, based on a reading of Portillo’s testimony from the preliminary hearing, a telling example of how difficult it will always be to turn a real-world criminal prosecution into a fictionalized television drama and why the resolution of this case might actually be the worst possible outcome.

"The people’s main witness," she said, "in this court’s opinion is quite likely the person that committed this offense." *