Opinion

Supreme Court same-sex marriage decisions: DOMA invalidated, Prop 8 case dismissed, SF reacts [UPDATED]

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Watch this space throughout the day for breaking news on the decision and reactions. Tonight there will be a celebration of the Court’s decisions at Castro and Market Streets at 6:30pm. (Join  the Guardian beforehand, 6-9 at the Pilsner in the castro, at its annual pre-Pride event.) 

DOMA INVALIDATED

The Supreme Court released its ruling this morning that the Defense of Marriage Act, which denies federal recognition of same-sex marriage, “is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”

“DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty,” according to the majority opinion. “DOMA’s principal effect is to identify a subset of state sanctioned marriages and make them unequal.” The Court voted 5-4, with Justice Kennedy, who wrote the majority opinion, as the decisive vote along the usual liberal/conservative lines. You can read the full opinion here

This means that same-sex marriages performed in states that have legalized such marriages will be recognized by federal law.  

PROP 8 DISMISSED ON STANDING

As for Hollingsworth v. Perry, the Prop 8 case, it was dismissed on standing, due to the fact that the State of California refused to defend the case that would uphold Prop 8 (which denied same-sex marriage).That meant private citizens were left to defend a state statute, which was unprecedented, and the Court refused to rule on those grounds.

We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here,” the majority Court statement (which broke along the typical 5-4 line) said. That means there is no specific decision from the Court regarding Prop 8, and the previous ruling, by Judge Vaughan Walker and upheld by the Ninth Circuit Court, that invalidated Prop 8 as discriminatory, stands.

This may mean that same-sex marriages in California can resume as early as July.

You can read the full Prop 8 ruling here.

Scene this morrning at SF City Hall, with Mayor Ed Lee and Lt. Gov. Newsom. Photo by Dan Bernal.

[UPDATE] REACTIONS AT CITY HALL

Steven T. Jones reports from SF City Hall:

City Hall was totally packed at 7am when the US Supreme Court convened — tons of journalists, lots of couples, many signs in the crowd. Two screens were set up, one with a live blog from court chamber, the other with the CNN live feed. Huge cheers erupted at 7:11 when the decision was announced striking down DOMA and forcing the federal government to recognize the rights of same-sex married couples.  Then at 7:38, when the Prop 8 statement came down, the room went nuts. 

A moment later, an array of current and former city officials appeared at the top of the City Hall main staircase. Mayor Ed Lee and Lt. Gov. Gavin Newsom escorted a fragile Phyllis Lyon down the stairs — she, along with the late Del Martin, were the first same-sex couple to get legally married in California in 2004 — flanked by the rest of the city family, all with big smiles.

“Welcome to the people’s house of San Francisco,” Mayor Lee said, thanking the crowd “for sharing in this historic moment.”

“It feels good to have love triumph over ignorance,” he said.

At 7:44, City Attorney Dennis Herrera and Chief Deputy City Attorney Terry Stewart, who had been on the City Hall steps addressed reporters’ question on the legal details of the ruling, joined the crew to sustained applause as Lee recognized them. He then introduced Newsom, who in 2004 as San Francisco mayor allowed same-sex marriages to be performed, as “one person who used the power of this office to make history and show his love for the city.”

“San Francisco is not a city of dreamers, but a city of doers,” Newsom said. “Here we don’t just tolerate diversity, we celebrate our diversity.” He thanked Herrera and everyone who contributed to this moment. “It’s people with a true commitment to equality that brought us here.”

Newsom introduced Kate Kendall with the National Center for Lesbian Rights, who has led the coalition of groups that have push for marriage equality. She looked around the crowd and said, “Fuck you, Prop 8!”

The crowd roared, and she said that she had scanned the room for children, and promised to “put a dollar in the swear jar” if necessary. But she said that, “We have lived for too many years under that stigmatizing piece of crap.”

Then Herrera took the podium, turned to Newsom, and said, Now you can say, ‘Whether you like it or not!'” — a joking reference to Newsom’s same-sex marriage rallying cry, which some blamed for boosting the anti-same-sex marriage cause.

“We wouldn’t be here today if it wasn’t for Gavin Newsom’s leadership,” Herrera continued. ““I remember in 2004 when people were saying it was too fast, too soon, too much.”

But today, that long effort has been vindicated, Now, he said, “It’s about changing the hearts and minds of people and educating them.” He also pledged to continue the fight that began here in City Hall more than nine years ago: “We will not rest until we have marriage equality throughout this country.”

Gavin Newsom being interviewed inside City Hall. Photo by Steve Jones

Finally Stewart, who has argued cases related to San Francisco’s stand before both the US and California Supreme Courts, praised both the Prop. 8 and DOMA rulings and the precedents they set. “In the DOMA case decision, the Supreme Court expressed a stong equal protection philosophy…that will help legalize same sex marriage in other states.”

Three members of the Board of Supervisors were also invited by Kendell to address the huge City Hall crowd: Board President David Chiu and Sups. David Campos and Scott Wiener, the only two current supervisors who are gay.

Chiu noted that the bust of slain Sup. Harvey Milk is prominently positioned outside the Board Chambers, a reminder of the long struggle for gay rights that San Franciscans have led. “That work lives on today,” he said.

He added the hope that the work done here will ripple out of across the country because, he said, “As goes San Francisco, so goes California, so goes the rest of the country.”

Campos, an attorney who has long been in a committed relationship, said, “It’s a very emotional moment for those of us who are part of the LGBT community.” He said this Supreme Court ruling is the first time it has really acknowledged “that we are people and we have dignity,” and that the rulings sends a clear message to Congress that legislation like DOMA is unconstitionally discriminatory.

Wiener praised the resilience of the LGBT community, from the early days of enduring the AIDS crisis and fighting for federal support through the current campaign for marriage equality. And he cheered the fact that, “Those marriages that we see under the rotunda [in City Hall] will get a little more diverse.”

11:30 AM UPDATE: Style and substance

While Newsom strutted around like a proud peacock in front of City Hall — clearly the leading man in this epic story with the happy ending, much in demand by the television crews — Herrera and Stewart briefed various reporters on the details of the case that they had just won.

Gavin Newsom outside City Hall. Photo by Steve Jones.

“I wanted a merits ruling, but a standing ruling is a victory too,” Herrera told us, making the distinction between the court ruling that banning same-sex marriage is unconstitutional on the grounds of equal protection under the law — which it did not do — and the 5-4 ruling it did issue: that those who appealed the Ninth Circuit Court ruling invalidating Prop. 8 lack proper legal standing to do so.

The standing ruling leaves same-sex marriage opponents more wiggle room to argue that the ruling might only apply to the couples named in the suit, or in just the counties that took part, which also included Alameda and Los Angeles, positions they were already signaling in press statements.

But Herrera said that he would vigorously contest that kind of challenge, which he considers to be without merit, telling us, “The injunction is not limited in its scope.”

UPDATE: SFPD isn’t worried

Police Chief Greg Suhr, who attended the City Hall event, said the timing on the ruling during Pride Week couldn’t be better. “It’s nice that it all lined up for us,” he told us. “This town is going to rock ‘til the wheels come off.”

Asked whether he has any heightened security concerns about the Pride Parade in the wake of a ruling that is controversial to some, Suhr said that he’s not worried. He said SFPD is now fully staffed and all available personnel working this weekend, although he will try allow many of his gay and lesbian officers to join the celebration if they want.

“We’re going to police what’s likely to be the biggest party this city has ever seen,” Suhr said, adding that his policing philosophy is, “We plan for the worst and hope for the best.”

 

Our Weekly Picks

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WEDNESDAY 26

Dita Von Teese

With a seductive and sexy nod to the past, modern pin-up and burlesque queen Dita Von Teese has been at the forefront of reviving a nearly lost art form for two decades now. Bringing back the sense of classic style and glamour of the golden days of Hollywood and meshing it with the tantalizing teasing of the old-time burlesque circuit, Von Teese returns to the city this week with her “Burlesque: Strip, Strip, Hooray!” show, a live revue featuring not only her own titillating talents, but a host of other performers as well, including Dirty Martini, Catherine D’Lish, and Lada Nikolska from the legendary “Crazy Horse Paris.”

(Sean McCourt)

Through Fri/28, 7:30pm, $40

Fillmore

1805 Geary, SF

(415) 346-6000

www.thefillmore.com


“Harvey Milk 2013”

The San Francisco Gay Men’s Chorus, the world’s first chorus comprised of openly gay men, had its first unofficial public performance at a candlelight vigil for Harvey Milk. The group has since become known for its dazzling holiday concerts, but its historical origins mean it’s fitting that — as part of its 35th anniversary celebration — SFGMC is presenting the world premiere of I Am Harvey Milk. Starring its composer Andrew Lippa as Milk, with guest soprano Laura Benanti, this blend of theater and choral works traces the courageous life of the slain politician, with accompaniment by the Bay Area Rainbow Symphony. (Cheryl Eddy)

Wed/26-Fri/28, 8pm, $25-60

Nourse Theatre

201-299 Hayes, SF

www.sfgmc.org

 

THURSDAY 27

Clay Shirky

“I’m trying to figure out what difference communications technologies makes to society,” Clay Shirky remarked in a 2011 interview. “What is it about the Internet, what is it about mobile phones, applications built on top of them, that changes how we behave.” The New York University professor has become one of the world’s foremost authorities on gauging how technology has shifted social action. His 2010 book Cognitive Surplus: Creativity and Generosity in a Connected Age outlined how web tools have provided new opportunities for creation in place of consumption, pointing out dynamics such as self-publication and charitable crowdfunding. Shirky has championed government transparency in recent editorials exploring the high-profile leaks of US surveillance programs. (Kevin Lee)

6:30 p.m., $20 (member, $12; students $7)

Commonwealth Club

595 Market, SF

(415) 597-6700

www.commonwealthclub.org

 

 

Tommy Davidson

Comedian Tommy Davidson might be offensive, but his keen observations about the absurdity of our daily lives and his animated delivery guarantee laughs. His ability to comment on situations that arise in all walks of life ensures everyone has something to chuckle about through his bits. Known for his roles in the ’90s hit sketch show In Living Color, films like Strictly Business (and OK, Juwanna Mann) and most recently in the spotlight for his character Cream Corn on Adult Swim’s cartoon Black Dynamite, Davidson tours pretty infrequently, so catch him while you can — likely offering fresh takes on old habits. (Hillary Smith)

8pm and 10pm, $24-26

Yoshi’s

1330 Fillmore, SF

(415) 655-5600

yoshis.com/sanfrancisco

 

FRIDAY 28

Y La Bamba

Indie-folk rocker group Y La Bamba has been steadily building a fan base over the past couple of years, earning high praise from NPR and loaning songs to television programs such as Bones. The Portland-based band’s hauntingly rich and ethereal sound is propelled by singer-songwriter Luzelena Mendoza, whose vocals float and weave tales above Latin-inspired rhythms and unique backing vocals. Its latest full-length album, last year’s Court The Stormwas produced by Los Lobos member Steve Berlin, and an excellent EP, Oh February was released this January. (McCourt)

9pm, $12–$15

Chapel

777 Valencia, SF

(415) 551-5157

www.thechapelsf.com

 

Japanther

Japanther lets everything go in its performances. Punk is its staple, and the group is known for fuzzy overtones and generally sloppy delivery. All this culminates into weird, disorienting live shows. But whether the band drops five Ramones covers on you or blasts into its own songs (likely off newest album, Eat Like Lisa Act Like Bart) with a raw, unpredictable energy, it will be fun. Keep an eye out for the duo’s signature telephone microphones and the more-often-than-not shirtless bat-shit drummer. (Smith)

With Defiance, Ohio, Psilovision

9pm, $12

Bottom of the Hill

1233 17th St., SF

(415) 626-4455

www.bottomofthehill.com

 

SATURDAY 29

San Francisco FrontRunners Pride Run

For folks who love to sweat, there’s no better way to celebrate Pride than with veteran LGBT running club the San Francisco FrontRunners, who’ve hosted this event for over three decades. Choose the 5K or the 10K by asking yourself “How many times do I want to haul ass up that hilly stretch of Golden Gate Park’s JFK Drive?” — but remember, the emphasis here is mos def on fun. Sure, some speed demons do turn out (last year’s 5K winner clocked in at just over 18 minutes), but casual joggers are also in effect, as are Pink Saturday-themed athletic ensembles. Upbeat DJs and tasty food at the finish line add to the festive atmosphere. (Eddy)

9am, $40

Golden Gate Park (near Metson and Middle Dr. West), SF

www.sffr.org

 

In A Daughter’s Eyes

Two women, two very different circumstances: the first, the daughter of a Black Panther sentenced to death for killing an Oakland cop; the second, the daughter of the slain man. Locked in a room together, how will the women negotiate their differences — and is there any chance of forgiveness and healing? Brava! For Women in the Arts and Black Artists Contemporary Cultural Experience present award-winning playwright A. Zell Williams’s In A Daughter’s Eyes in its West Coast debut; though it features just one location and only two characters, expect a powerful, intense story, guided by the sure hand of veteran director Edris Cooper-Anifowoshe. (Eddy)

Through July 14

Previews Thu/27-Fri/28, 8pm; opens Sat/29, 8pm; runs Thu-Sat, 8pm; Sun, 3pm, $15

Brava Theater Center

2781 24th St, SF

www.brava.org

 

The Juan MacLean (DJ Set)

After years of producing quality electro-disco-club music for DFA Records (home to legendary sometimes-retired LCD Soundsystem), DJ and producer the Juan MacLean (stage name for John Maclean) has leapt head first into a stripped-down, nu-house sound. With vocalist and longtime collaborator Nancy Whang, MacLean released the cool, classy “You Are My Destiny” this March, completing a shift that may have taken root as far back as 2011 with his Peach Melba side project. Transitions are standard practice for the former hardcore guitarist turned electronic music artist, who has collaborated with LCD Soundsystem, !!!, and Holy Ghost! and remixed Yoko Ono and Stevie Nicks. In the midst of a relentless international tour schedule, MacLean signaled his return to dance music prominence earlier this month with a set on BBC Radio 1’s prestigious Essential Mix program. (Lee)

With Kim Ann Foxman, Blacksheep

9pm, $10–$20

Monarch

101 Sixth St., SF

(415) 284-9774

monarchsf.com

 

SUNDAY 30

Deltron 3030

If you’ve lived in SF for at least a year, then you probably know about Stern Grove’s awesomely free and diverse ongoing music festival. But if not, this summer-long (June 16-Aug.18) series offers the community a chance to get outside and enjoy nature while picnicking with live musical accompaniment. The beautiful, towering eucalyptus trees, redwoods, and grassy meadows provide the best possible settings for a summer music festival. This Sunday’s lineup features dance hip-hip super group Deltron 3030. Rapping about evil corporate Goliaths and space battles, often alongside an orchestral band, Deltron 3030’s performance is anything but typical. The festival itself is always worth checking out, but the group makes this Sunday’s show one of the highlights of summer. (Smith)

2pm, free

Stern Grove

19th Avenue and Sloat, SF

www.sterngrove.org

 

“Science On Screen: The Science of Baseball”

Hey, batter! There are very few Bay Area residents who don’t have an opinion on which baseball team to root for (default consensus: “L.A. sucks”), but there’s more to the game than trash talk and World Series trophies. Indeed, there’s some pretty serious science behind all those curve balls and home runs, and who better to break it down than the Exploratorium’s David Barker and Linda Shore? (Check out the museum’s clever and educational “Science of Baseball” site at exploratorium.edu/baseball.) Using clips from documentaries and Hollywood films, the duo gets into the nitty-gritty of baseball’s complex biomechanics — so the next time you watch Hunter Pence step up to the plate, you’ll be able to spot the physics behind his hitting prowess. (Eddy)

7pm, $12

Christopher B. Smith Rafael Film Center

1118 Fourth St, San Rafael

www.cafilm.org

 

TUESDAY 2

Pure Bathing Culture

Listen to Portland, Oreg.-via-Brooklyn duo Pure Bathing Culture’s ethereal, synth-laced cover of Fleetwood Mac’s “Dreams,” and you’ll likely tumble into a web search hole, digging out other soundscape-y Fleetwood Mac covers to quench your newfound obsession (likely finding that PBC’s is still tops). Crawl out of the hole and face your new favorite, Pure Bathing Culture, head on by grabbing a hold of 2012’s self-titled EP, an ode to dreamy 1980s pop produced by Richard Swift. Then note influences like Talk Talk and Cocteau Twins expanding on recently released tracks off upcoming debut full-length, Moon Tides. Band members guitarist Daniel Hindman and keyboardist Sarah Versprille have contributed in the past to records by Foxygen and Damien Jurado, but together as Pure Bathing Culture, they form a loosely wound union of shimmering guitars, twinkling synths, and delicate vocals, twisting along a well-worn path. (Emily Savage)

With Cocktails, Cannons and Clouds, CoolGreg

9pm, free

Brick and Mortar Music Hall

1710 Mission, SF

(415) 800-8782

www.brickandmortarmusic.com

 

The Guardian listings deadline is two weeks prior to our Wednesday publication date. To submit an item for consideration, please include the title of the event, a brief description of the event, date and time, venue name, street address (listing cross streets only isn’t sufficient), city, telephone number readers can call for more information, telephone number for media, and admission costs. Send information to Listings, the Guardian, 225 Bush, 17th Flr., SF, CA 94105; or e-mail (paste press release into e-mail body — no attachments, please) to listings@sfbg.com. Digital photos may be submitted in jpeg format; the image must be at least 240 dpi and four inches by six inches in size. We regret we cannot accept listings over the phone.

A hackivist’s call for a culture of engagement

By Shava Nerad

[Editor’s note: Last week, the Guardian reached out to a number of experts and technologists to gauge reactions on revelations of the massive National Security Agency spying program that recently came to light. Shava Nerad, who started her career as a software engineer and was previously involved with the Tor Project, which offers online anonymity in web browsing, has also been engaged in various forms of political activism. Nerad submitted comments via email in response to the Bay Guardian’s request for an interview. We’ve published an edited version of her thoughts here.]

My dad worked with MLK and the SCLC [Southern Christian Leadership Conference] every summer of the early/mid 60s — and the FBI knew who he had lunch with every day of those summers — this stuff isn’t really that new, it’s just automated. I got to go from “We Shall Overcome” to making sure that the Tor Project could get US nonprofit status, a good foundation of funding, a great reputation internationally, and become infrastructural for free press, free speech, and free expression on the net.

I come from a family of old style liberals from a time before the 60s, when intellectual liberals were in the military, in finance, in civil service and all parts of civic life. We moderated all parts of American society. After the 60s, to a large extent, it became uncool for liberals and intellectuals (even non-hippie types) to go into these Establishment pastimes, especially the volunteer or low paying scutwork that keeps this country running. So after half a century, what are we seeing? Largely unmoderated by liberal intellectual thought, with two generations of kids who don’t even know how to go to a public meeting or why or how politics actually works at most levels in this country, we are a goddamn mess.

I have a son in the military, and I have friends in the [Department of Homeland Security], law enforcement, a friend who’s a retired CIA analyst. But many of my friends consider me an outspoken lefty liberal (I don’t) because I am a Democratic Party activist, a strong civil libertarian, a union member … and a sort of hippie chick.

I love this wonderful flawed country. I want to tell every one of my folks here, get out of your ergonomic chairs … and get involved. Congress’ approval rating is up two percent since March to fifteen percent — and they won’t fix the USA PATRIOT Act because they aren’t a bit afraid of your disapproval!  In fact, if you say you disapprove, they will make googly eyes at you, and say “Oooooo TERRORISTS!!!” and expect you to back down and shut up — and unfortunately they are probably right.

If we are the engineers and the scientists, the innovators and the entrepreneurs — can’t we find the best way to fix our culture of engagement?  Make our culture a culture where the makers learn applied civics and share their successes on social networking?

Many of us who are “hactivists” are post-conventional thinkers, if you are familiar with that concept. Most of us do not believe that the system is irrevocably broken — we are not revolutionaries or traitors or terrorists. This is why we are making moves that are aimed toward waking up the public, not blowing them up.  If that isn’t clear enough, I can’t see what would be — we certainly have ample examples of violence in the world. We are sending signals that say, “Please, see that everything is not exactly as you have been told. You are citizens of a Republic. Take the reins and bring it back to rights. Your rights.”

Civil disobedients, whistleblowers, leakers, facilitators like Bradley Manning, Edward Snowden, William Binney, Nicholas Merrill, Jake Appelbaum and more — these people should be honored rather than vilified as people who were willing to risk everything they had in order to send up a distress signal to the nation to say, “All is not right.”

But if every person of good character left all the military, law enforcement, DHS, government — then we would be a mess. Not everyone can leave. Someone has to break ranks, betray unit cohesion, take these risks, and risk being branded as a traitor even (and all of those men have been by some people).  

The American public has to wake up and understand that all is not right BECAUSE IT IS NOT.  DHS cannot fix the USA PATRIOT Act. Congress won’t fix it so long as the people moan about it on blogs and don’t insist that action be taken.

I have spoken to people in DHS since 9/11 who have been waiting to exhale for over a decade. Do you understand the situation that many in the career diplomatic services believed that they were in during [George W. Bush’s]’s administration? That they were hanging on by their fingernails, as professional diplomats and civil servants? 

Well, oddly, when Obama came in, State gave a great many of these people an opportunity to exhale. But … oddly, the new boss, and the Congress just piled on more of the same. No reprieve.

So we have the State Department declaring Internet Freedom and distributing Tor overseas, and Prism turned inward at our own people?  What sense does this make?  Praising the Arab Spring, and chasing American citizens with drones?  

The nation is sleeping or ostriching, and I’m sorry, but the press is sleeping or at the least, distracted by survivability issues. We need to turn this into a great and heroic national adventure story, or it’s going to turn into a national tragedy.

Developers should pay — on time

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OPINION San Francisco used to be an eclectic city, filled with working class folks, people of color, lots of artists, and families. But that’s changed dramatically. The black population has dismally plummeted, to 6.3 percent, according to the most recent census. Families of color are streaming out, expensive condos and sky-high rentals are shooting up, and the unique mix that once was the city and made it such a diverse and culturally rich place to live and thrive is changing.

Three years ago, then-Mayor Gavin Newsom decided that private developers in San Francisco needed a local stimulus boost. The housing bubble had burst and taken the economy down with it, but Newsom wanted to ensure that private development in the city continued. So he proposed that private developers be allowed to defer paying the neighborhood impact fees on their projects, thus delaying funding for safety-net programs that help existing residents of working class neighborhoods fight displacement.

His proposal passed in 2010, and since then the Eastern Neighborhoods, SoMa, and the Octavia/Market Area have seen an upswing in private development projects coupled with rising eviction rates and housing costs, while affordable housing throughout the city becomes harder and harder to find. Because neighborhood impact fees were deferred services that would help vulnerable populations were underfunded by a total of almost $53.5 million — in 2011-2012 alone.

That lost money impacted affordable housing construction, affordable child care, development of parks and other types of open spaces, infrastructure and pedestrian-safety measures, neighborhood schools and libraries, and eviction prevention services.

Meanwhile, out-of-town private development companies are set to make millions of dollars building high-end rental units and luxury condominiums that the average San Franciscan can’t afford.

Given that private market-rate residential development in San Francisco is speeding up regardless of displacement dangers, it’s even more necessary today to strengthen and sharpen the tools our neighborhoods have for fighting displacement.

A longstanding question for San Francisco has been how to keep it from becoming a place where only the very wealthy can afford to live while the rest of us have to commute in to the city that we work in and love. Now as we field off another local housing boom fueled by speculation, we are faced again with needing to ensure that we prioritize San Franciscans over profit.

That’s why tenant groups, affordable housing advocates, and San Franciscans fighting for the right to stay in their city will be urging the Planning Commission to end the fee deferrals. The Planning Department staff has studied the issue and recommends that the Newsom program be allowed to expire; that would bring back the funds needed to invest in the vitality and vibrancy of our neighborhoods.

Come join us in helping get San Francisco’s priorities back on track at the Planning Commission meeting Thursday June 13th at 12pm in room 200 of City Hall. Private development is not worth more than the well being of working class communities, immigrants, families, LGBTQ, and tenant communities.

Maria Zamudio is a housing rights organizer for Causa Justa: Just Cause

A ‘reasonable’ cheek swab

7

Rebecca@sfbg.com

On June 3, the U.S. Supreme Court ruled that it’s legal for law enforcement to collect DNA samples from people who are arrested — even when the individuals taken into custody are never convicted of a crime. The justices were narrowly split, and the decision immediately drew criticism from civil liberties advocates like American Civil Liberties Union, who characterized it as a blow to American’s Fourth Amendment right to privacy.

Does the historic ruling carry implications for law enforcement practices in California? Not exactly. As it turns out, current state law allows police to collect DNA samples through cheek swabbing on a far more routine basis than in Maryland, where only a handful of serious offenses can trigger this kind of search. And in the Golden State, fewer protections are in place for arrestees.

The Supreme Court issued its ruling with a narrow 5-4 vote. “The majority’s take was that cheek-swabbing is reasonable … even without any suspicion of wrongdoing by the arrestee, because the intrusion is minimal, the arrestee has less of an expectation of privacy than a typical citizen, and the state has a strong interest in using DNA to identify people,” explained Andrea Roth, a law professor at the University of California at Berkeley and founding member of a group that studied and litigated forensic DNA typing.

In contrast, Roth said, conservative Justice Antonin Scalia “was concerned that this is the first time that we’ve ever allowed searches of someone’s body, without any type of individualized suspicion, for the purpose of general crime-solving. He thought that was a line the Constitution draws in the sand, and that the law is on the wrong side of that line.”

Despite drawing a scathing critique from a conservative Supreme Court justice, Maryland’s system for the collection and use of DNA is actually much narrower in scope than the law that went into effect in California in 2004, when Proposition 69 passed.

Maryland’s law “only applies to a limited number of offenses, it doesn’t apply at all to people who are simply arrested but not charged, and they can only make use of the sample after there’s been a judicial finding of probable cause,” Michael Risher, a lawyer with the Northern California Chapter of the American Civil Liberties Union, told us.

“California doesn’t have any of those safeguards,” Risher added. “It’s a different law.”

2.1 MILLION SAMPLES

When Prop. 69 was approved, California voters initially sanctioned DNA collection from people convicted of felony offenses. But on January 1, 2009, a different provision of that initiative kicked in, expanding it to allow police to collect DNA samples from “any adult person” arrested for “any felony offense,” regardless of whether that person is ever charged or convicted of a crime.

When used as a form of identification, DNA samples are processed to yield a 26-number sequence that aids law enforcement in verifying suspects’ identities.

Once they’re collected and used to produce unique identifiers, those cotton-swabbed samples aren’t destroyed; instead, they remain in the hands of a state agency. “The problem is that the state keeps your samples,” Roth said. “It’s not like they develop the 26-number profile and then throw the rest of the sample in the trash. So if you’re in a database, state officials still have your entire DNA strand.”

According to the California Department of Justice, since the start of the program, the DNA data bank had received and logged more than 2.1 million samples as of March 31. The data bank is shared with the National DNA Index System (NDIS), part of the Combined DNA Index System (CODIS), which is linked to federal records.

In its decision, the nation’s highest court determined that “taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure.”

Yet civil liberties advocates point out that the information contained in a DNA sample can reveal much more about an individual than either a fingerprint or a unique identifier generated from a sample.

“There’s a basic difference between your DNA and your fingerprint,” Risher explains. “Your fingerprint doesn’t tell you anything about yourself. And your DNA is your genetic blueprint. The profile that they generate might not say a lot about you … but they are keeping these physical samples. Current law says they can’t be tested for sensitive things, but laws change, and people can violate them.”

And a properly preserved DNA sample can last hundreds of thousands of years — essentially forever.

ANTI-WAR PROTESTER ASKED FOR DNA

Lily Haskell has been fighting the state of California over DNA collection ever since her arrest in March of 2009, at an anti-war demonstration in downtown San Francisco. Held to commemorate the anniversary of the start of the Iraq war, the protest was staged in Civic Center Plaza. “With no prior warning, police charged the crowd, penned us in, arrested us, and charged us with trying to incite a riot,” she told us.

But hours later, after she and a handful of others had been processed at the San Francisco County Jail, Haskell was summoned from her holding cell and presented with what struck her as an odd request. Although she says she had already been fingerprinted, and her identity already confirmed, an officer “told me I had to provide a DNA sample.”

Her first instinct was to decline. “I didn’t believe it was just to have to comply with that,” she said. “I told them I believed it was my right to refuse.” Haskell was told that if she continued to resist the sample collection, she’d be charged with a misdemeanor and would likely spend a few additional nights in jail. So she relented.

Although she was neither charged with a crime nor tried for a felony or any other offense after being released from jail 24 hours later, Haskell’s DNA sample remains in the state databank. Now she’s a lead plaintiff in a class action lawsuit filed by the ACLU.

Haskell said she’s never tried to get her DNA expunged from the state database, because she sees her participation in the lawsuit as an important challenge to a law she views as unjust. “I don’t want my DNA to be held,” Haskell says, “and I don’t want anybody else’s DNA to be held, either.”

Individuals who have tried to go the route of having DNA samples removed have found it can be tedious. “In California, the process of getting your DNA out of a database if your case ends in dismissal or acquittal is an onerous one,” Roth explained. “You have to pay your own filing and attorney fees, you have to wait until the statute of limitations has run, the judge has complete discretion to deny your motion, and you can’t appeal the judge’s decision.”

Legal upshot still unclear

Meanwhile, ACLU attorneys in Northern California were closely watching the Supreme Court case, Maryland v. King, to see how it might affect their class-action challenge to Prop. 69, a case known as Haskell v. Harris. Although a divided panel of Ninth Circuit judges upheld the law in February of 2012, the court took the unusual step last July of voting to rehear the case en banc, with a nine-judge panel. However, the court issued an order after oral arguments saying it wouldn’t issue a ruling until King had been decided in the Supreme Court.

“Yes, they will have to do something with our case — but what they do is actually up to them,” Risher explained. “There’s no binding opinion in our case right now. Everything was up in the air waiting for King to be decided.”

Risher added that in future arguments, the ACLU plans to highlight the differences between Maryland’s DNA collection law and California’s far broader Prop. 69. “If King was a 5-4 decision with a law that was so narrowly focused, with those safeguards,” he said, “well okay — this one crosses the line.”

Icelandic MP Birgitta Jónsdóttir talks asylum options for NSA whistleblower

Birgitta Jónsdóttir is waiting for Edward Snowden to drop her a line.

The Icelandic Member of Parliament and Wikileaks supporter happens to be in San Francisco at the moment, working to raise awareness about the trial of Wikileaks whistleblower Bradley Manning, and preparing for a speaking engagement this evening where she’ll appear alongside Daniel Ellsberg, who leaked the Pentagon Papers in 1971.

Snowden, meanwhile, is presumed to be somewhere in Hong Kong – but as of the most recent media reports, his exact whereabouts were unknown (at least to reporters). Snowden is the 29-year-old former employee of intelligence contractor Booz Allen Hamilton, who came forward Sunday as the source responsible for leaking top-secret U.S. government documents to The Guardian (UK) and The Washington Post revealing a widespread digital surveillance program.

Jónsdóttir’s International Modern Media Institute issued a statement on June 9 vowing to “discuss the details of his asylum request” and to investigate the legal and security implications of the Iceland option.

“I have not gotten into contact with him,” Jónsdóttir said in a phone interview with the Bay Guardian this morning. “But … we have sent out the message that he can be in contact with us if he chooses, to let us know exactly what he wants.”

She added, “I’m quite concerned, because there are no direct flights to Iceland. … I’m just worried about the extradition process in other countries – if he needs to do a layover, or if we’re not quick enough to grant him asylum. And, frankly speaking, one of the parties in the government in Iceland is never going to agree to support it. So, it’s tricky.”

There may be better places for Snowden to seek asylum, Jónsdóttir added, but she and others are still investigating the possibilities. “I don’t know if Ecuador can take any more refugees from the political prisoners of the information age,” she said, referencing the country that granted Wikileaks founder Julian Assange political asylum, and has granted him residency in the Ecuadorian embassy in London for a year.

“But I really think emphasis in this case should be on all this heavy sentencing on … whistleblowers and people that are doing research and trying to bring information into the public domain,” Jónsdóttir said. “I feel this is more like a witch hunt than the ordinary justice system,” she added, “if you look at the crimes they’re accused to have done, which in many people’s opinion, are not crimes at all.”

For now, it’s still too early to say where Snowden will ultimately wind up. “The ball is in his hands,” Jónsdóttir said. “In the meantime, we will check out all the legalities and possibilities. We would obviously have to do it through secure ways. We have reached out to [journalist] Glenn [Greenwald] and James Ball, who has also been writing about this for The Guardian. And we’ll see if we get a message from him or if we can communicate directly. As soon as we have any information, we will make a statement.”

Both sides DON’T do it

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As someone with a lot of friends and contacts in the real world and on the Net, I hear pretty much every opinion under the sun. From die-hard Communist all the way to equally didactic (and tellingly similar) Objectivist, I get it all day every day. 

Lots of interesting stuff. And it’s no secret where my head is at on most things. I’ll listen to pretty much anything with one major exception–this odd idea that “both sides do it“, that right and left are equally to blame for the gridlock in DC and the animosity elsewhere.

The basis for this thinking, I assume, is Newtonian. For every action, there’s an equal and opposite reaction. If it isn’t physics, it’s metaphysics best expressed by the Byrds’ biblically-derived second #1 hit song, that there’s a time and purpose for everything.

But there isn’t. Politics isn’t physics and left and right aren’t identical yet opposite, which would have to be the case for this proposition to be true. The psychology of the authoritarian vesus that of the anti-establishmentarian is completely dissimilar. If one side sees everything as black and white and a struggle where it’s good vs evil (and they’re the good guys) 100% of the time and the other side believes in nuance, degree of intensity, reason and logic based on evidence, both sides don’t do it. Yes–both sides are engaged in politics. But if one side “makes shit up and then sues for the right to do it legally” and the other is “if it isn’t factual, lose it”, then both sides don’t do it.

Filmmaker Michael Moore expressed it best when talking about his 2007 movie, “Sicko”. Every fact in that film was picked over by fine-toothed comb because he knew that any fuck up would be blasted over our “liberal media” 24/7. Contrast that to the soon to be retired from Congress Michele Bachmann or 2012 GOP candidate Mitt Romney who lied so much that it became impossible to keep up with them. And yet, until her recent campaign finance troubles, Bachmann was rarely if ever called to task in her hometown paper and with Romney, his unending string of fibs actually endeared him to his supporters!

If “both sides do it”, explain this remarkable bit of Anti-Americanism?

Because ”lying for the “cause” is, in the mind of the American Rightist, acceptable, because the cause is a holy war for the “soul of America”. Odd that the same people that lobby for the posting of the 10 Commandments everywhere seem to forget #9, the “false witness” one. 

People on the left lie, too. There is no doubt of that, all people lie to a degree. But claiming that one side’s crapola is identical to the other is like saying that “Red Sox 12, Yankees 2” is a tie, because, after all, both teams scored runs, so they’re equal. Nope, were that so, the score would be 7-7. But that’s math. Which doesn’t lie. And as such, is pesky.

(It has to be said that the people that claim “both sides do it” in correspondance with me are always right-leaning. I think they’re have trouble letting go, but they’re getting there). 

Adlai Stevenson, failed candidate for president said it better than I or anyone else can: I have been thinking that I would make a proposition to my Republican friends… that if they will stop telling lies about the Democrats, we will stop telling the truth about them. 

That was 61 years ago. If he could only see us now. 

 

 

 

Keep the focus on real estate

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OPINION Let’s stop blaming the hipsters. The Google bus, that annoying icon of yuppie invasion and transit privatization, is not the lead driver of gentrification’s reckless stampede reshaping our city (though it does play a role). The upscale restaurants dominating commercial strips may be economically and aesthetically offensive to many, but they are the natural byproducts of gentrification’s much-ignored elephant in the room: the real estate industry.

While headlines, comment threads, and café chatter fixate on the tech industry and yuppies with fistfuls of dollars, it’s the profit-gobbling real estate companies and speculators who are jacking up rents and evicting so many small businesses and renters—and they are surely happy to stay out of the spotlight.

Gentrification is a many-layered beast nurtured by cultural and economic trends, regional and local labor and housing factors, and public policies (or lack thereof). Beneath the surface-level aesthetics, it is about displacement of people who don’t fit the dominant economic growth plan—radical market-driven upheavals of communities often abetted by government policies and inaction.

The stats are familiar but bear repeating as they are so destructive: average apartment rentals exceeding $2,700 a month, requiring someone making $70,000 a year to pay half of his or her salary in rent. Literally thousands of no-fault evictions in the past decade, according to the Rent Board.

Despite rampant displacement of thousands of San Franciscans, there has been little response from City Hall: no hearings, no proactive legislation, not even bully-pulpit style leadership. We must demand more.

Where is the leadership demanding the city do everything in its albeit limited power to halt further displacement of residents and small businesses? The toxic combo of tenant evictions and home foreclosures by the thousands — driven principally by major banks and real estate companies — is destroying lives and communities.

Some of this is beyond City Hall’s jurisdiction: state laws like the Ellis Act and Costa-Hawkins enable no-fault evictions and prevent vitally needed commercial rent control. Still, beyond their valiant opposition to the Wiener-Farrell condo conversion threat, city leaders have been largely silent about this latest wave of gentrification that’s eviscerating communities, driving out small businesses, and squeezing renters to the bone.

What can we do? We won’t defeat gentrification with city hearings or loud protests or online screeds and petitions — but we need all those things, along with serious public education, to shine a bright hot spotlight on the companies and individuals defining who lives and votes here.

We need a new era of citywide awareness, unity, and action to literally save San Francisco — a bold unapologetic vision that puts affordability and diversity at the forefront of what our city is about. We can’t have diversity without affordability; it’s that simple.

Renters are gearing up to fight back. An ‘Eviction Free Summer’ is being planned — an innovative campaign to counter the rash of evictions that are generating both displacement and skyrocketing rent prices. The idea of ‘Eviction Free Summer’ is to put evictions and evictors in the spotlight, to put would-be evictors on notice and capture the attention of city officials who have so far done little to stem their tide.

We must demand accountability and action by City Hall and state legislators to rein in the real estate industry and put the brakes on evictions and other displacement. People’s lives, neighborhoods and communities, and the very fabric and identity of our city are at stake.

To those who cheer “change” as if its victims were not real, or who wearily concede the fight, we must ask: are we really going to allow the profit-hungry market and wealth-seeking executives and speculators decide who lives and votes here? Are we going to let the market destroy what’s left of our city’s economic, cultural, racial and ethnic diversity — the very things that make San Francisco what it is?

Christopher D. Cook is an award-winning journalist and author, and former Bay Guardian city editor. Contact him at www.christopherdcook.com

Solomon: Our twisted politics of grief

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By Norman Solomon
Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death” and “Made Love, Got War: Close Encounters with America’s Warfare State.”

Darwin observed that conscience is what most distinguishes humans from other animals. If so, grief isn’t far behind. Realms of anguish are deeply personal — yet prone to expropriation for public use, especially in this era of media hyper-spin. Narratives often thresh personal sorrow into political hay. More than ever, with grief marketed as a civic commodity, the personal is the politicized.

The politicizing of grief exploded in the wake of 9/11. When so much pain, rage and fear set the U.S. cauldron to boil, national leaders promised their alchemy would bring unalloyed security. The fool’s gold standard included degrading civil liberties and pursuing a global war effort that promised to be ceaseless. From the political outset, some of the dead and bereaved were vastly important, others insignificant. Such routine assumptions have remained implicit and intact.

The “war on terror” was built on two tiers of grief. Momentous and meaningless. Ours and theirs. The domestic politics of grief settled in for a very long haul, while perpetual war required the leaders of both major parties to keep affirming and reinforcing the two tiers of grief.

For individuals, actual grief is intimate, often ineffable. Maybe no one can help much, but expressions of caring and condolences can matter. So, too, can indifference. Or worse. The first years of the 21st century normalized U.S. warfare in countries where civilians kept dying and American callousness seemed to harden. From the USA, a pattern froze and showed no signs of thawing; denials continued to be reflexive, while expressions of regret were perfunctory or nonexistent

Drones became a key weapon — and symbol — of the U.S. war trajectory. With a belated nod to American public opinion early in the century’s second decade, Washington’s interest in withdrawing troops from Afghanistan did not reflect official eagerness to stop killing there or elsewhere. It did reflect eagerness to bring U.S. warfare more into line with the latest contours of domestic politics. The allure of remote-control devices like drones — integral to modern “counterterrorism” ideas at the Pentagon and CIA — has been enmeshed in the politics of grief. So much better theirs than ours.

Many people in the United States don’t agree with a foreign policy that glories in use of drones, cruise missiles and the like, but such disagreement is in a distinct minority. (A New York Times/CBS poll in late April 2013 found Americans favoring U.S. overseas drone strikes by 70 to 20 percent.) With the “war on terror” a longtime fact of political life, even skeptics or unbelievers are often tethered to some concept of pragmatism that largely privatizes misgivings. In the context of political engagement — when a person’s internal condition is much less important than outward behavior — notions of realism are apt to encourage a willing suspension of disbelief. As a practical matter, we easily absorb the dominant U.S. politics of grief, further making it our politics of grief.

The amazing technology of “unmanned aerial vehicles” glided forward as a satellite-guided deus ex machina to help lift Uncle Sam out of a tight geopolitical spot — exerting awesome airpower in Afghanistan and beyond while slowing the arrival of flag-draped coffins back home. More airborne killing and less boot prints on the ground meant fewer U.S. casualties. All the better to limit future grief, as much as possible, to those who are not us.

However facile or ephemeral the tributes may be at times, American casualties of war and their grieving families receive some public affirmation from government officials and news media. The suffering had real meaning. They mattered and matter. That’s our grief. But at the other end of American weaponry, their grief is a world of difference.

In U.S. politics, American sorrow is profoundly important and revs up many rhetorical engines; the contrast with sorrow caused by the American military could hardly be greater. What is not ignored or dismissed as mere propaganda is just another unfortunate instance of good intentions gone awry. No harm intended, no foul. Yet consider these words from a Pakistani photographer, Noor Behram, describing the aftermath of a U.S. drone attack: “There are just pieces of flesh lying around after a strike. You can’t find bodies. So the locals pick up the flesh and curse America. They say that America is killing us inside our own country, inside our own homes, and only because we are Muslims.

A memorable moment in the film Lincoln comes when the president says, “Things which are equal to the same thing are equal to each other” — in 1865, a daring leap for a white American assessing race. Truly applying the same Euclidean theorem to grief would be just as daring now in U.S. politics. Let’s face it: in the American political culture of our day, all grief is not created equal. Not even close.

We might say ’twas ever thus: countries and ethnic groups mourn their own while yawning or even rejoicing at the agonies of some “others.” And when grief weighs in on the U.S. political scale, the heaviness of our kind makes any other secondary at best. No wonder presidents have always been wary of red-white-and-blue coffins at Andrews Air Force Base. No wonder “Bring our troops home” is such an evergreen slogan of antiwar activism. If the only grief that matters much is American, then just getting Americans out of harm’s way is the ticket. The demand — like empathy for the war-torn grief of Americans — is vital. And grievously incomplete.

The world’s only superpower has been operating with vast impunity to strike targets and, in effect, summarily execute. (President Obama’s big speech on May 23 reasserted that prerogative; as the ACLU’s president Anthony Romero pointed out, Obama “still claims broad authority to carry out targeted killings far from any battlefield, and there is still insufficient transparency.”)  For American politics and mass media — perennially infatuated with the Pentagon’s latest tech advances in military capacities — such enormous power to smite presumptive evildoers has fed into a condition of jingo-narcissism. Some of its manifestations could be viewed as sociopathic: unwilling or unable to acknowledge, or evidently care much about, the pain of others.

Or the terror of others, if we are causing it. In the American political lexicon, terror — the keynote word for justifying the U.S. state of warfare so far in this century — is a supreme epithet, taken as ours to confer and to withhold. Meanwhile, by definition, it goes without saying, our leaders of the “war on terror” do not terrorize. Yet consider these words from New York Times reporter David Rohde, recalling his captivity by the Taliban in 2009 in tribal areas of Pakistan: “The drones were terrifying. From the ground, it is impossible to determine who or what they are tracking as they circle overhead. The buzz of a distant propeller is a constant reminder of imminent death.”

As part of tacit job descriptions, the U.S. network anchor or the president is highly selective in displayed compassion for the grieving. It won’t do to be seen with watery eyes when the Pentagon has done the killing (“friendly fire” a notable exception). No rulebook need be published, no red lines openly promulgated; the gist remains powerfully inherent and understood. If well acculturated, we don’t need to ask for whom the bell tolls; we will be informed in due course. John Donne, meet Orwell and Pavlov.

The U.S. Constitution — if not international law or some tenacious kind of idealism — could prevent presidential “kill lists” from trumping due process. But, as Amy Davidson wrote in a New Yorker online column last year, the operative approach is: “it’s due process if the president thinks about it.” Stephen Colbert summed up: “The Founders weren’t picky. Trial by jury, trial by fire, rock-paper-scissors — who cares?” After all, “Due process just means there’s a process that you do.” Satire from Colbert has been far more candid than oratory from President Obama, whose May 23 speech claimed a commitment to “due process” and declared: “I’ve insisted on strong oversight of all lethal action.”

Bypassing due process and shrugging off the human consequences go hand in hand. At the same time, it can be reassuring when the commander in chief speaks so well. But Obama’s lengthy speech at the National Defense University laid out a global picture with a big missing piece: grief due to U.S. military attacks. The only mention was a fleeting understatement (“for the families of those civilians, no words or legal construct can justify their loss”), instantly followed by a focus on burdens of top perpetrators: “For me, and those in my chain of command, these deaths will haunt us as long as we live…” As usual, the grief of the USA’s victims was quickly reframed in terms of American dilemmas, essential goodness and standing in the world. So, while Obama’s speech called for “addressing the underlying grievances and conflicts that feed extremism, from North Africa to South Asia,” some crucial grievances stoking the conflicts were off the table from the outset; grief and rage caused by U.S. warfare remained out of the picture.

Transcendent and truly illuminating grief is to be found elsewhere, close to home. “The greatest country in the world” presumes to shoulder the greatest grief, with more access to profundities of death. No wailing and weeping at the scene of a drone strike, scarcely reported by U.S. media anyway, can hold a candle. For American grief to be only as weighty as any other just won’t do. We’re number one! A national narrative of emotional supremacy.

Our politics of grief, bouncing off the walls of U.S. media echo chambers, are apt to seem natural and immutable while fueling much of the domestic political rhetoric that drives U.S. foreign policy. The story goes that we’re sinned against yet not sinning, engaged in self-protection, paying to defend ourselves. Consider the Google tallies for two phrases. “U.S. defense budget”: nearly 4,000,000. “U.S. military budget”: less than 100,000.

But for those in communities grieving the loss of people struck down by the USA’s “Defense Department,” the outlook is inverted. To be killed is bad enough. But to be killed with impunity? To be killed by a machine, from the sky, a missile fired by persons unseen who do not see who they’re killing from hundreds or thousands of miles away? To be left to mourn for loved ones killed in this way?

When, from our vantage point, the grief of “others” lacks major verisimilitude, their resentment and rage appear irrational. Heaven forbid that such emotions could give rise to deadly violence approaching the level of our own. People who are uneducated and unclear on the American concept sometimes fail to appreciate that our perception is to be enforced as hegemonic reality. By a kind of fiat we can elevate with fervent validation some — some — others’ grief. As for the rest, the gradations of importance of their grief, and the legitimacy of their resort to violence, are to be determined by our judicious assessment; for further information, contact the State Department.

There may be no worse feeling of human powerlessness than inability to prevent the death of a loved one. The unmatched power of bereavement forces people to cope with a basic kind of human algebra: love + death = grief. Whether felt as a sudden ghastly deluge or as a long series of sleeper waves with awful undertows, real grief can turn upbeat memories into mournful ones; remembering becomes a source of anguish, so that, as Joan Didion wrote, “Memories are what you no longer want to remember.” Ultimately, intimately, the human conditions of loss often move people to places scarcely mapped by standard news coverage or political rhetoric.

Imagine living in a village in Pakistan or Afghanistan or Yemen. From the sky, death has been visited on neighbors, and drones keep hovering. (As now-former Times reporter Rohde pointed out: “Drones fire missiles that travel faster than the speed of sound. A drone’s victim never hears the missile that kills him.”) Overhead are drones named Reaper, shooting missiles named Hellfire. Have the heavens been grabbed by people who think their instruments of death are godly?

“When scientific power outruns moral power,” Martin Luther King Jr. said, “we end up with guided missiles and misguided men.” For America, drones and other highest-tech weapons are a superb technological means of off-loading moral culpability from public agendas; on the surface, little muss, less fuss.

Disembodied killing offers plenty of pluses in U.S. politics, especially when wars become protracted. From Vietnam to Afghanistan, the reduction of troop levels has cut the number of American deaths (easing the grief that “counts”) in tandem with more bombardment from the air (causing the “other” grief). Today’s domestic politics of grief are akin to what emerged after mid-1969, when President Nixon initiated a steady withdrawal of U.S. troops from South Vietnam. During the three years that followed, Nixon reduced the number of soldiers in Vietnam by nearly half a million, to 69,000. During the same three years, the U.S. government dropped 3.5 million tons of bombs on Vietnam — more than all the bombing in the previous five years.

Then, as now, the official scenario had U.S. troops thinning on the ground, native troops taking up more of the combat burden, and the Pentagon helpfully bombing from the sky as only Americans could “know how.” Independent journalist I. F. Stone astutely identified the paradigm in 1970, when the White House struggled with fading public support for the war. The revamped policy, Stone wrote, was “imperialism by proxy,” aiming to buy “low-wage soldier-power,” an approach that “will be seen in Asia as a rich white man’s idea of fighting a war: we handle the elite airpower while coolies do the killing on the ground.” Stone would have swiftly recognized the pattern in President Obama’s upbeat statement on May 23 that “we will work with the Afghan government to train security forces and sustain a counterterrorism force.”

The number of U.S. ground troops in Afghanistan was down by one-third, to 66,000, at the start of this year, when Obama announced plans to gradually withdraw the remaining troops over a period of two years. High-tech warfare would pick up the slack. The outgoing Defense Secretary, Leon Panetta, told a news conference that a key mission in Afghanistan, persisting after 2014, would be “counterterrorism,” a buzzword for heavy reliance on airpower like drones and cruise missiles. Such weapons would give others grief.

A top “national security” adviser to the president, John Brennan, said as much in an April 2012 speech. “As we have seen,” he noted, “deploying large armies abroad won’t always be our best offense. Countries typically don’t want foreign soldiers in their cities and towns.” The disadvantages of “large, intrusive military deployments” were many. “In comparison, there is the precision of targeted strikes.”

But such “precision” is imperfect enough to be an other’s calamity. Likewise, the extreme relativity of “agony.” At his Senate confirmation hearing to become CIA director in February 2013, Brennan spoke of “the agony we go through” in deciding which individuals to target with drones. Perhaps to square some circles of cognitive dissonance, those who inflict major violence often seem moved to underscore their own psychological pain, their own mental wounds. (As if to say, This hurts me as much as it hurts them; maybe even more, given my far more acute moral sensitivities.) When the focus is on the agony of the perpetrators, there may be less room left to consider the grief of their victims.

Shifting the burden of protracted war easily meshes with a zero-sum geopolitical game. Official enthusiasm for air strikes has correlated with assurances that Americans would be facing much less grief than allied others. So, near the end of 2012, the USA Today front page reported that “the number of U.S. deaths in Afghanistan is on track to decline sharply this year, reflecting the drawdown in U.S. forces” — while the death toll for Afghan government forces had climbed to ten times the U.S. level. These developments were recounted as progress all the way around.

As top officials in Washington move to lighten the political load of American grief, their cost-benefit analyses find major strategic value in actions that inflict more grief on others. Political respects must be paid. Elites in the war corps and the press corps do not have infinite tolerance for American deaths, and the Pentagon’s latest technology for remote killing is a perpetual favorite. In the long run, however, what goes around tends to come around.

Advice offered by scholar Eqbal Ahmad before 9/11 bears repeating and pondering: “A superpower cannot promote terror in one place and reasonably expect to discourage terrorism in another place. It won’t work in this shrunken world.”
After the “war on terror” gained momentum, Martin Luther King III spoke at a commemoration of his father’s birth and said: “When will the war end? We all have to be concerned about terrorism, but you will never end terrorism by terrorizing others.” That was more than nine years ago.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death” and “Made Love, Got War: Close Encounters with America’s Warfare State.”

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of The San  Francisco Bay Guardian, and editor and co-founder and co-publisher of the Guardian with his wife Jean Dibble (1966-2012). He can be contacted at Bruce@sfbg.com. b3

Talk Radio’s Funny Secret

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Most folks do one thing for a living and are happy that way. I’m not. I need a lot of challenges that change all the time. I have a lot of different occupations, acting, playing music, writing and talk radio host on an LA station.Of the latter, I knew nothing about the genre at all when I got into it 10 1/2 years ago. Never listened to it and still don’t. News stations occasionally, but generally, the sound in the car is music.I found that there are a lot of people that just love talk radio and in all walks of life. Most remarkably, lots of fellow musicians. They’re addicted to it, the raving and the story-telling, the “painting a picture with words”. And many talk show hosts are “lifers” that dread being “on the beach“. It’s a massive rush to keep spieling, as Mike Watt would say and it is a rare skill. As I have never had a problem freely offering an opinion (asked for or not) or at a loss for words, it was a natural fit.Thing is, talk radio is really not at all what it appears to be. On the surface, it is the voice of outrage, the sound of angry people, villagers rising up with pitchforks to the sound of their leader’s voice, pure populism. And that’s what many successful hosts do. They represent for the little person–or so it seems.

In reality, no. If one listens closely to what 95% of talk hosts actually say, it’s fairly clear that they are not challenging the audience’s ideas, but bolstering them for the most part. Picking a common enemy and railing on same for hours–the voices inside the heads of the listener are congruent with what the show host is saying–he or she isn’t even articulating it half the time but spitting out time worn cliches.Ask yourself–when was the last time you heard a talk show host take a completely unexpected turn? As almost all news/talk is rightist, when was the last time you heard a private entity (not owned by a liberal) railed on? The government is fair game, but as right-wing Americans have been trained since diapers to hate the government (while mooching off same), who cares? Or suggested that nationalism (ours and the Muslims) is the root cause of terrorism. Or that the NRA are conmen. Or…….Also, the hatred of the government seems to abate on the airwaves five minutes after a Republican is elected. Which makes sense as a lot of talk shows hosts see themselves as indispensable parts of the GOP’s machine.This isn’t news to anyone, really. But the idea that the talk show host is the valiant bearer of the torch of freedom is pure fantasy. When was the last time a talk host was hauled off the air by the government for saying anything? Yes, profanity brings high fines. But all action against talk hosts comes from the public, generally in the form of embargoes or from stations afraid of a backlash fomented by the same public.

That the genre is getting beaten up on badly of late has a few proximate causes. An aging base of fans is one reason. Another is the sheer tedium of predictability–a road trip from Portland Me to Portland OR would be about 4 days long and there is almost no chance you’d ever hear anything on AM that’s different one city from another. That means dullness and laziness and copycatting, 

The irony is that when AM talk stations–supposedly moribund–go back to their roots and go local and social and personal, they thrive. In California, KMJ in Fresno and KFI in Los Angeles are the prime examples. Limited national babble and lots of local means the hosts can’t lean on talking points or be completely predictable (as the audience is right there in the center of the topics, not distant from DC). It helps that in the latter station’s case, their morning and afternoon shows have hosts whose politics are wildly unpredictable. KFI is the nation’s #1 talk station and since KMJ became privately owned, its ratings have soared. What does that tell you?

Yes, saying shit on the air to piss people off on purpose sounds like it would work, but it never does. Conversely, kissing the audience’s ass for three hours at a time is just as bad. If talk really were the voice of the people, it would be impossible to suss what it would do, just as it’s impossible to figure out what people (us) do. Simple, huh?

Phobic Phatheads

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No issue in America has had as abrupt a public opinion turn as gay rights. Once a third rail that could never be touched by politicians lest the juggernaut of America’s homophobes land on them, gay rights are now on their way to be accepted for what they actually are–basic human rights. Same sex marriage polls favorably by almost 3-2, ten years go, that figure was reversed. It’s easy to see why–as more gays and lesbians come out, more friends, neighbors, coworkers and family realize the plainly obvious–put a human face on an abstraction and the abstraction disappears. When it’s your kid or workmate, you get mighty angry when they’re attacked.

Nothing ever changes completely that fast, though. The two major stories of today–18 year old Floridian Kaitlyn Hunt’s refusal of a plea bargain in exchange for charges of sexual abuse of a minor (a 15 year old female) and the Boy Scouts of America’s decision to let openly gay kids join–are examples of the residue of obstinate, fundamentalist lunacy when it comes to the issue of same sex relationships, especially those of teens.

In the former’s case, Ms Hunt has been in an ongoing relationship with a younger girl for over a year, which began when both of them were minors. According to Hunt’s attorney, the younger girl’s parents were indeed aware of this at the time and seem to have waited until Hunt achieved majority before pressing charges which are two felony counts of “lewd and lascivious battery on a child 12 to 16” .

The local DA offered a plea deal of house arrest for a few years, which doesn’t sound too extreme–but part of the deal means Hunt becomes a registed sex offender, which affects the rest of her life. Hunt (no fool she) refused this. 

That the relationship has been ongoing and that the “victim’s” parents picked the date they did to press charges indicates that they are vindictive and clueless. Their anger is really aimed at their own daughter because as fundamentalists, a lesbian child is a clear rebuke to their beliefs. The narrative of “older girl as seducer” is comforting, but ultimately absurd. This was and is a consensual relationship between peers and one set of parents cannot accept it and are willing to ruin another person’s life. It never occurs to them that in doing this, they may well ruin their own daughter’s faith and trust in them. But when you have been thinking inside the box your whole life, this never arises.

The case of the BSA is simple. Pressure from the rest of the world circa 2013 plus some really ugly moments for them has dragged them into the modern world. Naturally, the yammering toads on America’s right flank are going predictably bonkers. One, because many of them do believe their own bullshit, two, because this is lucrative (“only we can protect you, send us money and we’ll show you how”) and three because when one major article of faith is obliterated, all of them are vulnerable. If gay marriage, open gay relationships between teens and openly gay Scouts are acceptable, what else falls? People may wonder why these liars should be heeded at all and there goes the scam!

The saddest part of this is that lots of people get hurt badly to keep this backward-thinking idiocy afloat. Make no mistake, this is idiotic–the idea that accepting gay people is going to lead to sodomy-filled orgies in the streets is identical to the fear baiting of the 1960’s where “the blacks are going to marry your daughter”. Which rarely happened. One KKK becomes another–the Ku Klux Klan of the bygone era becomes the Krazy Klown Kult of today. Except that the latter has a formal title–the Republican Party.

Therefore, for this madness to end, the Republicans have got to tell the fundies to stow it. Not only is this nonsense ugly, it could very well doom them to extinction. As today’s birthday boy once sang in the 60’s, the times are a changing. And in reality, Kaitlyn Hunt should be a hero to the GOP for doing what they believe is the greatest thing any American can do. Stand up to government tyranny. Unless it’s theirs, of course. 

 

 

 

 

New BART director wants to raise fares in San Francisco and end “A” Fast Pass

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Are BART passengers in San Francisco being subsidized by Muni riders and by BART customers from the suburbs? Or is it the other way around? And does it really matter, or should we just be thankful that people are choosing BART over clogging the roadways in this transit-first city?

These are some of the questions arising from an aggressive effort by the newest, youngest member of the BART Board of Directors, Zakhary Mallett, who has proposed severing BART’s partnership with the San Francisco Municipal Transportation Authority to end their joint “A” Fast Pass program that allows unlimited rides on both systems for $74 per month.

And after he’s done with that, Mallett says he’ll take aim at the BART fare structure that charges $1.75 for rides of six miles or less, saying that San Francisco residents shouldn’t be able to access BART’s relatively luxurious trains for less than the $2 it costs to catch a Muni bus.

These are arguments that the 25-year-old Mallet started making last year when he successfully ran against longtime Director Lynette Sweet of San Francisco, with the El Sobrante resident snatching the District 7 seat that represents slivers of San Francisco, Alameda, and Contra Costa counties.  

Mallett, who has a master’s degree in city planning from UC Berkeley, claims his stand is about “fairer fares” and ending “cross subsidies” among various transit riders. But BART  President Tom Radulovich — the Livable City executive director who has represented San Francisco on the board for more than 16 years — said his new colleague is simply wrong in his assessment, and that’s he’s pushing it in inappropriate ways.

“I think the Fast Pass works,” Radulovich told us. “I’d love to see us go in the opposite direction [that Mallett is proposing], with more passes for more parts of the system.”

Mallett’s basic argument concerns the difference between the “M” Fast Pass, which allows unlimited rides on Muni for $64 per month, and the “A” Fast Pass, which lets riders also use BART for an extra $10 per month. SFMTA pays BART $1.02 for each of those rides, so Mallett believes that riders who take more than 10 trips per month on BART are being subsidized by other Muni riders. Nevermind the fact that the reason people buy Fast Passes is precisely because they are a bargain for heavy users of the transit system.

“My ultimate goal is equity in fares,” Mallett told us. “My concern is certainly subsidies. I’m guessing that there are subsidies.”

Yet Radulovich said that some simple, back-of-the-envelope math shows that Mallett is wrong, as he believes the more detailed fare study now underway will also show. Radulovich said that given Muni fare-box recovery rates of less than 25 percent, it would cost the agency more than $4 to pay for the trips it is paying BART just over $1 to provide.

“If [Fast Pass A] didn’t exist, Muni would need to pull buses off of other lines and put them on the BART lines,” Radulovich said. “What I told Muni is that if BART carried all your passengers, you’d make money. So that argument [being made by Mallet] is really absurd to me.”

Plus, there’s the simple fact that all transit is subsidized by taxpayers because of the public good it does, both as a direct service and as a diversion for people who might otherwise add congestion to the roadways. So we asked Mallett: What’s the harm? Isn’t it good that people are using public transit?

Mallett responded that, “The harm is who is paying for the subsidies, and it is other transit riders.” In fact, he even makes the racial argument that African-American Muni riders from Bayview shouldn’t be subsidizing white BART riders from Glen Park.  

Yet for all his concern about fare equity, Mallet seems to have tried to avoid doing the federal Title VI analysis that would look at whether low-income individuals and certain ethnic or geographic groups of citizens are being hurt by changes in the fare structure.

In late February, Mallett began contacting officials with the Federal Transportation Administration with a series of phone calls and emails to get information and debate the issue, and that written correspondance was obtained by the Bay Guardian.

“BART needs a way out of this agreement and the agreement stipulates that its way out is to provide a ninety (90) day notice, period.  But depending on how Title VI requirements are interpreted, it can greatly hinder our ability to impose a termination of this agreement,” Mallett wrote to Jonathan Ocana of the FTA’s Office of Civil Rights in a March 5 email, apparently following up on their phone conversation.

Mallett tells the Guardian that he wasn’t trying to avoid a Title VI analysis, only to clarify which agency was required to perform it and to let BART move forward with termination if the SFMTA drags its feet on the study. But he also did seem to make arguments that such a study shouldn’t be required.

“I want to point out that, should this agreement be terminated, the ‘value’ of the FastPass is only impacted in that it would no longer work on BART.  That is, the price of the FastPass would remain the same and could still be used on SFMTA/MUNI services at that same price.  The only change is that the convenience of using it on a third party’s service (i.e., BART’s service) would be discontinued,” Mallett wrote.

Marci Malaster, deputy director of the FTA’s Office of Civil Rights, didn’t agree with Mallett’s analysis, as she told him in a March 14 email: “Once a transit rider enters the BART system, he/she is a BART fare-paying customer, regardless of the fare media used.  From the passenger’s perspective, a fare media currently available for use on BART (the Muni Adult “A” FastPass) would no longer be available for use on BART.  Since this effectively results in a fare increase, BART would need to conduct a fare equity analysis to determine whether elimination of this fare media would result in a disparate impact.  In addition to Title VI concerns, Federal transit law requires a public participation process when a fare is increased.”

That seems clear enough, but Mallett didn’t let it go, responding to Malaster by writing, “the mixed messages I have received in my discussions with FTA staff prior to receiving the below response from you makes this determination somewhat suspect in my mind. Among other things I suspect is that my arguments/viewpoints that I articulated to Mr. Ocana telephonically were not properly relayed for your consideration.  I requested that he allow me to speak to whomever the decision maker is and that request was never granted.”

BART General Manager Grace Crunican was apparently not pleased with Mallett for the tenor and content of his communications with FTA staff, particularly after BART got in trouble with the agency last year for avoiding Title VI analysis on its Oakland Airport connection.

She became aware of the correspondance when Mallett CCed her on one of his emails — which he apparently forget about, writing to her on March 19 that “I am not sure where or from whom you received information about my communications” — and when she was contacted by the FTA with concerns about what BART was up to.

“A plain reading of your inquiry could easily lead the FTA to conclude that BART was looking for a way to avoid doing a Title VI analysis in its haste to terminate the FastPass Agreement with SFMTA.  Furthermore, you called into question the integrity of FTA staff in your correspondence.  My letter to the FTA was intended to clearly express to them BART’s intent to comply with whatever determination is made by the FTA and to nip in the bud any impression that we were less than committed to Title VI compliance,” Crunican wrote to Mallett in March 20 email. “I acted because the issue seemed to be escalating quickly, involving both the S.F. and D.C. offices of the FTA.  As you must be aware, the FTA is critical to our success and we are in repair mode following past Title VI issues.  We work very hard to maintain a good relationship with the FTA and anything that appears to be inconsistent coming from the District could be damaging to maintaining that relationship.”

But Mallett told the Guardian that his comments have been misinterpreted. “It is incorrect that I don’t want to do that analysis,” Mallett said, maintaining that it was simply a question of who does the analysis. “I was confused who does what. I understand now that BART and SFMTA have to work together.”

Yet he’s showing no signs of backing off of pushing for San Francisco BART riders to pay higher fares. Mallett made a detailed argument on his campaign website that San Francisco BART riders are being subsidized by other BART and Muni riders. He is hoping the current fare study supports raising fares on short BART trips in San Francisco.  

“I’m of the opinion it is an inefficiently low price. You get more for less, that’s why it’s an inefficient fare,” Mallett told us of BART being cheaper than Muni in San Francisco. “My goal is to efficiently price transportation.”

But Radulovich said that since BART’s inception, the heavy ridership in the system’s core has helped hold down fares for longer trips, which use more energy and staff time and create more wear-and-tear on the system, necessarily making them significantly more expensive than the average San Francisco trip.

“He’s making the opposite argument and it’s not substantiated in my mind,” Radulovich said. “The heavy usage in San Francisco subsidizes the rest of the system.”

Beyond just this issue, Radulovich said he’s bothered by the larger neoliberal ideology that Mallett is representing, which treats transit as a commodity that should use pricing to achieve maximum efficiency, rather than a vital public service that should be available to all income brackets in roughly equal measure, which is the progressive position.

“There is a danger of this neoliberal argument that ignores equity,” Radulovich said of Mallett’s focus on fare efficiency, particularly as it tries to privilege BART use over Muni. “People who are relatively rich will stay on BART and there’s something unsettling about that. Let’s push the poor people onto the bus.”

BART spokesperson Alicia Trost said the agency is currently working on renewing its FastPass agreement with SFMTA and that they are pleased with the arrangement: “We are working with SFMTA to get a new agreement pass and that’s separate from what Director Mallett has said publicly,” she said. “It helps comply with the city’s transit-first policies and we’re supportive of that intent.”

SFMTA spokesperson Paul Rose told us the new Fast Pass agreement woud increase what SFMTA pays for each BART ride from $1.02 now up to $1.19 in the new agreement, but other than that, “We don’t have any specific plans to make any changes.”

Radulovich said BART has come a long way from its early days, that were characterized by the mantra “the rich ride, the poor pay,” because San Francisco and Oakland paid a disproportionate amount of money to become accessible by white people in the suburbans of Contra Costa and San Mateo counties.  

“For the first time in our history, we’re really looking at these equity issues,” Radulovich said, a study that Mallett said he also supports and looks forward to reviewing. But when that involves pitting transit riders against one another, Radulovich said, “We send the wrong message to people who want to use transit.”

Cryin’ wolf

128

This has been a wretched stretch of brutal press for Barack Obama lately. Battered over and over by revelations of IRS malfeasance, aggressive assaults on press freedom at the AP and Benghazi ad infinitum, the hits keep on coming, amplified by the dual forces of the “Conservative Entertainment Complex” (as exemplified by this great pundit) and a “liberal media” that has realized that Internet hits are their most likely saving grace and revenue stream. It has reached such fevered pitch that the media is making a chilling analogy commonplace!

Thing is, once you get out of the fever swamps of the Internet, where seething Caucasian retirees amped up on Fox n Metamucil dominate debates with wildly incoherent snatches of reactionary-babble that sound like bizarre code to the unintiated, nobody–and I do mean NOBODY–gives a rodent’s anus about any of this. Be it at the laundromat, the gym, the coffee shop, kid’s schools, diner—general talk in my neck of the woods is a smorgasbord of the usual celeb/weather thing. And why?

Not just because none of this impacts anyone directly (certainly not as directly as this, which affects everyone that breathes, namely everyone alive), but in reality, because the Republican Noise Machine’s ceasleless elevation of every Obama falter/failure to a matter of the utmost urgency (requiring Obama’s removal) has rendered the public and even a fair amount of the blogosphere numb to their unending pounding. Benghazi–a bloody mess of a tragedy that left four Americans dead has actually been called by one of the GOP’s most repellant figureheads as more significant than 9/11. Another has called for impeachment. As the same level of outrage never existed during the Bush years (and similar attacks that left 60 people dead), this is transparent nonsense. Not to mention the hearings themselves over Benghazi, which deliberately leave out testimony from any key players that might deviate off script.

http://www.youtube.com/watch?v=b3HTaJJugwc

Of greater importance would be the IRS and AP scandals. But even these are revealed to be borderline ridiculous–the IRS didn’t single out only Tea Party groups and the AP’s claim of political persecution is no more than an attempt to deflect a legitmate inquiry into a serious security breach. Let’s get real: Using the IRS to persecute one’s opponents is serious beyond serious–but when the campaign finance laws have been upended, the IRS making legitimate inquiries into an organization’s status is to be expected.

The real issue at hand here is that for over 20 years, the Republican Party has molehilled into mountains every story that they thought would sway public opinion. And it tends to crest at the same time as well–right after a Democratic incumbent shocks them by trouncing a challenger, as was also the case in 1996. Never mind that the kitchen sink was thrown at both Clinton and Obama, whose policies themselves could barely be described as genuinely progressive, the only thing that mattered was wrecking their approval ratings in time for midterms or for the next presidential election–and as the Democrats gained seats in 1998 and their dreadful candidate outpolled the Republican in the popular vote in 2000, it really doesn’t work.

But they’ll cry wolf forever, because at this point “conservative politics” are a lucrative racket. And by playing this bait and switch game, the public tunes out even the things that are critical to them. So, “Benghazi” and the others replace “ACORN” or “Jeremiah Wright” for a spell and then roll back into the sea of noise like so many barking seals. But as the media lock that existed 15 some years ago disappears, these stories will hopefully carry less gravity in the future and pass along with the embittered folks whose panic over cultural changes has turned them into easy marks. Can’t come fast enough for me.


 

 

Tech workers aren’t all evil

59

Read the full original blog post this op-ed was drawn from here.

OPINION I hear a lot of talk, especially from my own queer community, about how “tech people” are ruining San Francisco. From skyrocketing rent prices and disappearing diversity to economic and cultural ruination, the tech community has become the scapegoat for a lot of the problems we are facing in the city as a whole. As a tech worker, I’m writing this to say: wake up and direct your anger at the real sources of these problems.

First of all, let’s get one thing straight. The vast majority of “tech people” in San Francisco don’t make nearly as much money as you think they do. We are not all making six-figure salaries, we are not personally driving up rent costs, and we are not killing the cultural community here. Simply put, we are trying to further our careers and make the city we call home a nicer place to live.

From day one of living in San Francisco, I’ve put blood sweat and tears into building the cultural community in SF (music, mostly), and I’ll never stop doing that. I first moved here with my husband in 2006 from Indiana. I immediately immersed myself in the music scene here, forming a touring band and quickly becoming a booker and promoter for live shows. It wasn’t until several years into my time here that I snuck my way into the tech industry. Here I am, five years into my tenure at Bay Area music tech startup Thrillcall, hustling every day to help build music communities not only in SF, but across the country.

The tipping point for me, to be honest, was the nonsense of people beating up a Google bus piñata in the Mission, shouting epithets about how they’re the bane of San Francisco. The people that ride those buses are not to blame. They are not heading up that company, they don’t make millions of dollars, and they certainly don’t deserve the hatred being directed at them by many people here in San Francisco.

You know what is ruining San Francisco? Complacency. Apathy. Misguided hate. Inaction. Put some energy into making change, not senseless whining.

If you’re upset about rising rent costs, be angry at the money-hungry landlords that do absolutely nothing to put money back into the city or help build culture. Want SF prices to stop skyrocketing? Let’s organize and drive proposals with our city government. Upset about the recent sanitization of many of the lovely traditions and values of San Francisco? Get mad at Sup. Scott Weiner, who is actually supported by a lot of longtime, non-tech residents. Want more culture, arts, music? Maybe try reaching out to people that can help in the tech world instead of complaining about everything going downhill.

We are not the companies we work for, however large or small. Corporations, for the most part, suck.

We’re not the douche bags you think we are. Let’s put our energy toward doing good, instead of just pointing fingers. We all know that. Demonizing the people that work for them (while contributing to this wonderful city) is baseless, classless, and makes you look like a total dick.

A great deal can be accomplished if people take an active role toward coexisting, rather than shouting “ENEMY!” to anyone who will listen.

Johnny Koch is promotional manager, artist management, and site administrator at Thrillcall.

Joyful noise

0

arts@sfbg.com

LIT If the intrinsic value of an ephemeral experience is its very impermanence, then attempting to capture it for posterity is an exercise fraught with peril. No sanitized textbook description of such chaos-driven movements as Dada, Situationism, and Fluxus could ever hope to capture the raw vibrancy of being a part of the action, and the true value of such movements has really never been in spectating, but from the transformation experienced by the participants while pushing their personal boundaries.

With that caveat in mind, the gorgeously-rendered, scrap-and-patchwork anthology Tales of the San Francisco Cacophony Society (Last Gasp, 300 pp., $39.95) does a pretty good job of conveying not just the external hi-jinks of a group bound together by a yen for the unpredictable, but also the internal philosophical trajectory of many of its members.

Designed to resemble a hardbound EC Comics collection, boldly adorned with a zombie-green, six-fingered hand further deformed by the presences of a bloodshot, unblinking eye smack in the middle of its lined palm, Tales of the San Francisco Cacophony Society is a collaborative effort between key cacophonists Kevin Evans, Carrie Galbraith, John Law, and, in a sense, the whole of the multi-faceted, loosely-knit “society” which ebbed and flowed through the secret pathways and deep underground spaces of the Bay Area and beyond from 1986 through the mid-aughts.

The comprehensive yet quirky tome gathers together an abundance of flyers, photographs, descriptions of momentous pranks and experiential escapades, and newspaper columns documenting such shenanigans as a Thomas Pynchon Walking Tour; the bunker-squatting “Atomic Café”; bridge-climbing; sewer-spelunking; art-car parades; a hide-and-chase game of “Smuggler” at Fisherman’s Wharf; and a rowdy afternoon of shopping cart sled-racing known as the Urban Iditarod. Strewn with colorful collages of ephemerabilia designed by Galbraith and brightly illustrated “Cacophony Factoids” by Evans, the densely-layered visuals bear a whiff of the cheerfully Dada-tastic aesthetic of counter-culture classic The Book of the SubGenius as well as the Cacophony Society’s own former newsletter of events, Rough Draft.

Birthed from the relatively short-lived but highly influential prankster cadre the Suicide Club, which operated from 1977 to 1982, the Cacophony Society itself has “spawned” a veritable pantheon of offbeat occurrences such as SantaCon, the Bay to Breakers Salmon Run, and that bloated megalopolis of arts festivals, Burning Man. In fact, it’s difficult to imagine a San Francisco without the insidious influence of an organization dubbed “the Merry Pranksters of the 1990s.” Even organizations and events (local and national) not specifically born of the society such as Improv Everywhere, Atlas Obscura, the Yes Men, and the Maker Faire bear its imprint: a sense of irreverence combined with a belief in the possible.

“There wasn’t anything that we could think of that we couldn’t figure out how to do,” reminisces Galbraith — who is notably the original instigator of the organizations’ iconic, unmediated Zone Trips (which came to include the first expedition to Black Rock Desert with Larry Harvey’s “man” in tow). This sentiment is echoed by Evans when asked his opinion on the key traits shared by cacophonists, “curiosity, creativity, a deep appreciation of the absurd and the silly, [and] an addiction to making something from nothing”.

Although the idea of a book about Cacophony had been floated around as early as the mid-’90s, it wasn’t until Evans called a meeting between some of his former cacophony comrades in 2010 that the idea began to take a concrete shape. A Bay Area-based fine artist and illustrator, Evans came to the meeting with an already thought-out concept for a “visual history” of the Cacophony Society, and though most of the other people at that first meeting decided against participating, Galbraith, who has a master’s degree in book arts, jumped onboard, eventually spearheading the layout and working most closely with publisher Last Gasp on the final incarnation.

Joining the project soon after Evans and Galbraith got rolling, John Law — a founding member of the Cacophony Society, and a long-time member of the Suicide Club before it — brought his extensive archive of flyers, newsletters, and more to the mix, and, with Galbraith, provided much of the written content. In the end the grueling, three-way editorial process became less about finding enough material for a book, but whittling all the available material down to 300 pages, a process Law likens to lopping off fingers.

“We could have compiled a thousand-page book without repeating anything, or becoming dull,” he muses ruefully by email. “My hope is that others who were involved will write their own books about the period.”

Until that happens, however, pranksters, subversives, free spirits, and urban explorers alike will want to go ahead and splurge on a copy of The Tales of the San Francisco Cacophony Society. And remember, though now technically defunct, the society has always been open to all. You may already be a member. *

TALES OF THE SAN FRANCISCO CACOPHONY SOCIETY

Thu/16, 7pm, free

City Lights

261 Columbus, SF

www.citylights.com

 

Sun/19, 6pm, free

Green Apple Books

506 Clement, SF

www.greenapplebooks.com

For more readings and related events, including a May 31 party at the Castro Theatre, visit www.lastgasp.com or www.talesofsfcacophony.com.

DPH: Unaffordable housing is bad for your health

To cover rent on a two-bedroom apartment at “fair market value” in SoMa, a San Francisco minimum-wage earner would have to work 7.4 full-time jobs.

That jaw-dropper of a statistic is just one tidbit in a fascinating dataset featured in a recently published interactive map plotting housing affordability in San Francisco neighborhoods. Combining data from Craigslist and PadMapper, the U.S. Census Bureau’s American Community Survey, and the local minimum wage ($10.24 per hour, widely regarded as generous), the map isn’t the handiwork of affordable housing activists. [Note: this reflects the 2012 minimum wage, the rate now stands at $10.55.]

Instead, it was created by the San Francisco Department of Public Health’s Program on Health, Equity and Sustainability. To view the full map and dig around for data on your neighborhood of interest, go here.

The embedded dataset reveals that the median income in SoMa is $91,000 lower than the $158,000 one would need to afford renting a market-rate two-bedroom. This figure, expressed as $-91,000, is known as the “affordability gap,” and the map plots these gaps neighborhood by neighborhood.

It was rolled out as part of a weeklong effort to raise public awareness about the link between affordable housing and public health, explains Cyndy Comerford, manager of planning and fiscal policy at the Environmental Health division of DPH. The reason? “Unmet housing needs in San Francisco can result in significant public health concerns,” Comerford says.

A lack of affordable rental housing can push more tenants into substandard or overcrowded living situations, she adds. Housing units within reach for lower income residents might be squeezed up against a highway, for instance, putting tenants in close proximity to noise, traffic, or air pollution, thus increasing their risks for experiencing heart or respiratory problems. Substandard housing also makes lead or mold exposure more likely, possibly triggering serious health issues over time.

For residents who fork over a significant percentage of their income for rent, other problems can arise. “It leaves little money for other provisions,” such as healthy food or preventative health care, Comerford adds, so low-income tenants have a higher likelihood of malnourishment or preventable disease related to nutrition.

The map is part of a broader DPH initiative known as the Sustainable Communities Index, which provides datasets for more than 100 health indicators. There’s a whole section on housing, which even covers the negative health effects of eviction: “Involuntary displacement contributes to stress, loss of supportive social networks and increased risk for substandard housing conditions and overcrowding,” DPH points out.

More information is yet to come: “Every day this week, we’ll put out a new bit of information around health and housing,” Comerford says.

Taking a broader view, it appears that sweeping cuts to public programs will present a whole new set of challenges for lower-income populations who have a higher risk of housing-related health problems. As a New York Times opinion piece highlighting the public health ramifications of austerity measures notes, “there are warning signs … that health trends are worsening. Prescriptions for antidepressants have soared. Three-quarters of a million people (particularly out-of-work young men) have turned to binge drinking. Over five million Americans lost access to health care in the recession because they lost their jobs.”

Amid all this, as a consequence of the $85 billion “sequester” that began on March 1, “Public housing budgets will be cut by nearly $2 billion this year,” the New York Times piece continues, “even while 1.4 million homes are in foreclosure.”

Hey, you! “Tech people” are not the douchebags you think we are

I hear a lot of talk, especially from my own queer community, about how “tech people” are ruining San Francisco. From skyrocketing rent prices and disappearing diversity to economic and cultural ruination, the tech community has become the scapegoat for a lot of the problems we are facing in the city as a whole. As a tech worker, I’m writing this to say: wake up and direct your anger at the real sources of these problems.

First of all, let’s get one thing straight. The vast majority of “tech people” in San Francisco don’t make nearly as much money as you think they do. We are not making six-figure salaries, we are not personally driving up rent costs, and we are not killing the cultural community here. Simply put, we are trying to further our careers and make the city we call home a nicer place to live. 

From day one of living in San Francisco, I’ve put blood sweat and tears into building the cultural community in SF (music, mostly), and I’ll never stop doing that. I first moved here with my husband in 2006 from Indiana. We fell deeply in love with the city while visiting several times early on in our relationship, and knew this was where we wanted to call home. Of course queer acceptance came into play, but I loved the fact that the city had a life of its own, an entity with which I felt a kinship. I immediately immersed myself in the music scene here, forming a touring band and quickly becoming a booker and promoter for live shows. It wasn’t until several years into my time here that I snuck my way into the tech industry. Thankfully all those hours spent in my parent’s basement as a child on the computer helped! Here I am, five years into my tenure at Bay Area music tech startup Thrillcall, hustling every day to help build music communities not only in SF, but across the country.

I bust my ass doing this for modest pay just to get ahead and know I’m working in a field (music) that I love. I know many others like myself who have day jobs in the tech community that do the same.

However, accusations that I’ve been hearing lately would have you believe otherwise. Claims that “people like us” are ruining San Francisco by gentrifying everything and pushing out what San Francisco truly is. Protip: the Bay Area has, for quite some time now, been a hub for technology. This is not a new thing. Stop acting like it is. Directing anger towards us for what you consider woes to the community at large here is way off base. Bubbles have happened constantly since the early 1990s (or hey, 1840s), and anyone who has lived here for long can tell you this is true. 

The tipping point for me, to be honest, was the nonsense of people beating up a “Google Bus” piñata in the Mission, shouting epithets about how they’re the bane of San Francisco. The people that ride those buses are not to blame. They are not heading up that company, they don’t make millions of dollars, and they certainly don’t deserve the hatred being directed at them by many people here in San Francisco.

They’re utilizing a method of mass transportation (cutting down on carbon footprint) provided by their employer. If you want to be angry about something, be angry at the company, not the people who work for it. If you want to actually do something about it (beating a piñata in a public place solves nothing), then take your grievances to the heads of the companies you think are responsible for the predicament that San Francisco currently finds herself in.

You know what is ruining San Francisco? Complacency. Apathy. Misguided hate. Inaction. Put some energy into making change, not senseless whining.

If you’re upset about rising rent costs, be angry at the money-hungry landlords that do absolutely nothing to put money back into the city or help build culture. Want SF prices to stop skyrocketing? Let’s organize and drive proposals with our city government. Upset about the recent sanitization of many of the lovely traditions and values of San Francisco? Get mad at a-holes like Scott Weiner, who is actually supported by a lot of longtime, non-tech residents. Want more culture, arts, music? Maybe try reaching out to people that can help in the tech world instead of complaining about everything going downhill. 

A vast majority of the tech workers here in SF are upwardly mobile, culturally involved people. We are not ruining this city. We live here for much more than just the jobs we have. We love it, and it’s where we call home. We have as much control over the cost of living here as everybody else. And we are not the companies we work for, however large or small. Corporations, for the most part, suck. We all know that. Demonizing the people that work for them (while contributing to this wonderful city) is baseless, classless, and makes you look like a total dick.

We’re not the douchebags you think we are. Let’s put our energy toward doing good, instead of just pointing fingers. A great deal can be accomplished if people took an active role toward coexisting, rather than shouting “ENEMY!” to anyone who will listen. 

 

Behind the attacks on City College

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OPINION Last year the Accrediting Commission for Community and Junior Colleges harshly sanctioned City College of San Francisco and gave us just nine months to shape up or face the consequences. This was pushed on the community even though the quality of education provided at City College was never in question.

Since then, CCSF has changed student assessment metrics and addressed the governance, institutional planning, and enrollment management issues cited. We have done so even as we have also documented disquieting information about the ACCJC’s damaging role at CCSF and at community colleges throughout California.

Our research into ACCJC found that the commission failed to respect the law and public policy of the state and violated federal common-law due process and California common-law fair procedure. Further, at CCSF and in districts around the state, the ACCJC often acts arbitrarily, capriciously, unfairly, and inconsistently in evaluating colleges, thereby harming the schools and their communities.

San Francisco has shown valiant support for City College despite the drumbeat of negative publicity around our accreditation status.

Recently, the San Francisco Board of Supervisors voted unanimously in support of preserving the quality and diversity of education at City College of San Francisco, of tackling the achievement gap and ensuring equitable opportunities for students, and of utilizing Proposition A funds as intended.

In the age of the 24-7 corporate news cycle, educators and unions are too often portrayed as the opposition in attempts to push austerity, undermine the public sector, and efface the important educational work we do for students. We will not apologize for resisting the downsizing of our students’ educations, for saving jobs, and for protecting educational programs that benefit our students—particularly our most vulnerable students. We will not apologize for attempting to sustain employees’ health, working conditions, and well-being.

When San Franciscans passed Proposition A overwhelmingly last November, it was a ray of light for those of us who have devoted our lives to City College and its students. Providing $15.2 million, the tax was designed to reverse the cuts to classes and employees in our starved public educational system, helping sustain our college for San Franciscans. Now the administration is diverting millions of these dollars and pumping additional money into consultants, lawyers, computers, and maintenance. Under the administration plan, next year less than a third of that money will go toward the educational purposes voters were promised.

Meanwhile, the race to downsize continues. At the negotiating table and in the press, the administration uses the need to retain the college’s accreditation—something all of us agree is crucial—as reason, excuse, and threat. It has shirked its duties at the bargaining table, imposing pay cuts and implementing premature and damaging layoffs of staff and faculty.

We face a host of other dramatic changes that cut into our ability to serve student needs, including a reorganization that pushes faculty expertise and voices further into the background and a shocking lack of substantive dialogue or transparent processes. Our trustees now preside over meetings that squelch public speech, restricting access to a too-small meeting room with the windows literally papered over so that no one can see in or out.

Thankfully, we are not alone in this fight. In Chicago, in Seattle, and in communities around the country afflicted with disingenuous “reforms” and diminished access, we are gathering strength and allies and standing up for the principles that inform our work as educators, responsible for defending and improving quality, accessible public education for the public good.

To join the fight to save our City College, email aft@aft2121.org

Alisa Messer is an English instructor at City College of San Francisco and president of AFT Local 2121, which represents instructors, counselors, and librarians at the college.

 

T-Third passengers unhappy about train service disruptions

Around 20 residents from San Francisco’s Bayview neighborhood lined up at the San Francisco Municipal Transportation Agency board meeting May 7 to voice complaints that all too often, the T-Third light rail transit vehicles leave passengers stranded on train platforms, taking rail cars out of service before the end of the line and leaving riders to wait for the next arrival.

Organized by People Organized to Win Employment Rights, an organization better known as POWER that has campaigned around Muni issues before, the riders asked the SFMTA board to address the T train turnarounds, and called on the transit agency to run all trains through to the end of the line in the city’s Southeast neighborhoods.

Muni service disruptions along the T-Third occur most frequently at 23rd and Third, Armstrong and Third, and Williams and Third, based on SFMTA data. The passengers expressed frustration that even though the T-Third technically runs all the way to Sunnydale, a Visitation Valley housing complex, it often stops short of the final destination and causes delays on an already lengthy commute. The topic of Muni “switchbacks” picked up momentum earlier this year after District 4 Sup. Katy Tang vowed to take up the issue of train turnarounds, which also impact transit passengers in the Sunset. 

Jackie Wysinger, who walks with a cane and resides at a senior center nearby Armstrong and Third streets, told SFMTA board members that she’s no longer able to drive and depends upon the T train to get around.

“We need better transportation,” Wysinger said. “The T train turns around right there, and they do it regularly,” leaving passengers with no choice but to walk or wait in discomfort. “It’s just bad on the senior citizens.”

Claudia Bustamante, a member of POWER who spoke in Spanish through a translator, related a story of traveling back to the Bayview on the T-third on Monday night. “We were on the T-train and there was a person in a wheelchair, and another woman crying,” she said. “But the driver said, ‘sorry, this is the last stop. Everybody has to get off.’ … They kicked us off. This happens not just to me, but to the members of the African American community in Bayview. And this needs to stop.”

Jim Hill, who told SFMTA board members that he’s lived in the Bayview for 51 years, said he’s experienced train service disruption at 23rd Street on a regular basis. “I don’t understand why a man would turn a train around that’s full of people,” he said. “I have experienced 45 minutes to an hour before another train comes.”

Hill added, “I don’t think a person should have to work all day, and have to stand up from the time they get off work, until they get home.”

Gloria Dean, a Bayview resident who penned an editorial in the San Francisco BayView newspaper in March, characterized the frequent disruptions to service in Bayview Hunters Point as “shameful racism” in her opinion piece. She recounted one evening when her commute from Oakland to Third and LaSalle took from 6:45pm until 9:08pm. Since her husband is battling health problems, “it’s important for me to get home” following her evening classes at Mills College in Oakland, Dean wrote.

Juana Teresa Tello, an organizer with POWER, stressed that while switchbacks are known to occur on other lines, Bayview residents tend to have fewer transportation options. “It’s the highest concentration of people in public housing,” Tello pointed out. “It’s people who need the transit system the most.”

There was no SFMTA agenda item on the topic of turnarounds on the T-Third line, so residents aired their grievances about the issue during public comment. Once they had all finished speaking, SFMTA board chair Tom Nolan indicated that the item should be added to the board meeting agenda “sometime in the near future.”

In response to a query submitted several weeks ago, SFMTA spokesperson Paul Rose sent the Bay Guardian a detailed response to questions about train turnarounds at the 23rd and Third stop.

“Trains going to 23rd Street on the T-Third are typically going to our maintenance yard located near 25th Street and Illinois at the end of their shift,” Rose explained in an email. “These trains are J, K, L, M, and N trains that travel in service as T-Third trains to the yard and accept passengers all the way to the last stop before the yard – 23rd Street. The alternative is to have the trains travel ‘not in service’ to the yard from the subway and accept no passengers.

“The vehicles returning to the yard and traveling from the subway only to 23rd Street add additional frequency between the subway and 23rd Street but are not scheduled full trips to Sunnydale,” Rose acknowledged.

The 23rd Street stop marks the end of a stretch of recently installed condominium complexes in San Francisco’s Dogpatch neighborhood, an increasingly popular residential area for Silicon Valley commuters who have easy access to the highway to travel south to tech campuses.

Finally, Rose stressed that “We minimize unscheduled train turnarounds as much as possible … Supervision is also told to only perform these turnarounds when there is another train within five minutes or less,” he added, “to minimize passenger inconvenience.”

Guest opinion: LGBT supporters of Bradley Manning

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Editor’s note: At least 24 LGBT community leaders and activists have signed on to the following statement in support of Bradley Manning as a Pride grand marshal.

Recently, it was announced that PFC Bradley Manning would be a grand marshal of the 2013 San Francisco Pride Celebration. We felt this decision was a bold and uplifting choice, bestowing a great honor on a young whistleblower being persecuted for following his conscience.

Much to our disappointment, two days later SF Pride board president Lisa Williams issued a separate announcement that the SF Pride board would not be honoring PFC Manning as a grand marshal after all.  It appears the SF pride board’s reversal was affected by criticism from a recently formed gay military rights group. 

We want the world to know that the SF Pride board’s decision is not reflective of the LGBTQ community as a whole, and that many of us proudly celebrate PFC Manning as a member of our community.  Unfortunately, the statements by Williams, and the group which originally advocated against PFC Manning as grand marshal, continue to perpetuate certain factual inaccuracies with regards to the military prosecution against him. 

The first inaccuracy would be that PFC Manning did not advocate for gay rights.  In fact, while serving in the military, PFC Manning experienced harassment and physical assault because of his perceived sexuality.  He responded by marching against Don’t Ask Don’t Tell in the DC pride parade, where he spoke to reporters about his position, in addition to attending a fundraiser with Gavin Newsom and the Stonewall Democrats so he could discuss the issue of homophobia in the military.  He told a friend in February of 2009 that his experience living under DADT and experiencing the oppression that entailed helped increase his interest in politics more generally.

LGBTQ activists fought hard for years to win the right to live free from the fear that we could be targeted with violence deemed acceptable to society at large, simply for being who we are.  We members of the LGBTQ community would like to stand in solidarity with others around the world who still must live in fear of violence and oppression, simply for being born into a particular group.

Contrary to SF Pride Board president Lisa Williams’s claim, no evidence has been presented that PFC Manning’s actions endangered fellow soldiers or civilians. In fact, the military prosecution has successfully argued in court that it isn’t required to provide such evidence, and former State Department spokesperson P.J. Crowley continues to insist that the “Aiding the enemy” charge is unwarranted. 

In a February 28, 2013, court statement, PFC Manning detailed the due diligence he performed prior to releasing materials to ensure this lack of harm, in addition to explaining,

“I believed the detailed analysis of the [Iraq and Afghanistan war log] data over a long period of time by different sectors of society might cause society to reevaluate the need or even the desire to even to engage in counterterrorism and counterinsurgency operations that ignore the complex dynamics of the people living in the affected environment every day.”

The truth is that President Bush and VP Cheney’s aggressive wars in the Middle East endangered far more LGBTQ service members and civilians than any Army whistle-blower.  Unlike PFC Manning, however, they have never served prison time, and likely never will.

Millions of people around the world support Bradley for the personal risk he took in sharing realities of complicated U.S. foreign conflicts with the American people.  He is the only gay U.S. serviceperson to be nominated three times for the Nobel Peace Prize.  In joining the Army, soldiers take an oath to protect the U.S. Constitution, and we believe that by his actions PFC Manning strengthened our democracy, and fulfilled that oath to a greater degree than most enlisted.

We are proud to embrace PFC Bradley Manning as one of our icons, and intend to march for him in pride contingents across the country this year, as we have in years past.  We think Bradley Manning sets a high standard for what a U.S. serviceperson, gay or straight, can be.

Lt. Dan Choi, 2009 SF Pride Celebrity Grand Marshal, anti-DADT activist
Joey Cain, 2008 SF Pride Community Grand Marshal, former Board Member and President of SF Pride
Gary Virginia, 2012 SF Pride Community Grand Marshal
John Caldera, Commander, Bob Basker Post 315ED, American Legion, SF Veterans For Peace
Peter Tatchell, Peter Tatchell Foundation
Glenn Greenwald, award-winning journalist
Leslie Feinberg, transgender author and activist
Minnie Bruce Pratt, award-winning poet, activist and educator
Dossie Easton, Therapist and Author
Susie Bright, public speaker, educator, writer
Andy Thayer, co-founder, Gay Liberation Network
Becca von Behren, Staff Attorney, Swords to Plowshares Veterans Service Organization
Stephen Eagle Funk, Artistic Director, Veteran Artists
Liz Henry, poet and activist
Lori Selke, author and activist
Rainey Reitman, Steering Committee, Bradley Manning Support Network
Sergei Kostin, Codepink Art Director
Kit Yan, Queer & Trans Asian American Poet
Lori Hurlebaus, Civilian-Soldier Alliance, SF Chapter; Co-founder, Courage to Resist
Evan Greer, radical queer riotfolk musician
Pat Humphries, Emma’s Revolution
Sandy Opatow, Emma’s Revolution
Pamela Means, award-winning OUT musician
Malachy Kilbride, Coordinating Committee, National Campaign for Nonviolent Resistance
Oliver Shykles, Queer Friends of Bradley Manning
Gabriel Conaway, equality activist, Steering Committee of SAME
Adele Carpenter, Civilian-Soldier Alliance, SF Chapter