Police

Big Brother Obama

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The Federal Bureau of Investigation illegally collected thousands of telephone records between 2002 and 2006, a Jan. 20 Justice Department report revealed. Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) publicly scolded FBI Director Robert Mueller for the transgression, but the practice of secretly spying on Americans’ international communications has become standard practice, even under the new presidential administration.

In late 2005, The New York Times exposed how the George W. Bush administration authorized the National Security Agency (NSA) to spy on Americans’ e-mails and phone calls without then-required court orders. The scoop prompted retired AT&T technician Mark Klein to reveal the existence of a NSA-controlled secret room at a San Francisco AT&T facility, providing undisputed proof of this public-private spy operation and the extensive amount of personal data that is collected.

Not only was no one held accountable, but the Democrat-controlled Congress legalized the operation after the fact by passing the Foreign Intelligence Surveillance Amendments Act (FISA Amendments Act) in 2008. Klein responded last year with the self-published book Wiring Up the Big Brother Machine … And Fighting It to narrate his version of the civil liberties and privacy battle.

The creeping intrusion on Americans’ privacy continues unabated under the Obama administration, according to government watchdog groups and media pundits. “Things have changed slightly — for the worse,” said Rebecca Jeschke from the Electronic Frontier Foundation (EFF).

Barack Obama, while still a Senator, hinted what his later inclination might be when he voted for the FISA Amendments Act, arguing that it was needed to foil terrorist plots (after having previously stated his intention to oppose the bill). Now that the legislation is law, his administration is using the same rationale as its predecessor to fend off attempts to repeal it, namely that it is crucial to national security.

Yet the EFF and the American Civil Liberties Union (ACLU) deem the practice and the legislation that authorized it to be unconstitutional. They’re challenging it in courts but having a difficult time in light of executive branch opposition and national security claims.

The 1978 Foreign Intelligence Surveillance Act (FISA) was originally crafted to constrain and oversee the government’s spying activities on Americans after the Nixon administration abused its power to eavesdrop on Vietnam War protesters and political adversaries.

FISA required officials to obtain from a judge individual warrants with specific named individuals or specific phone numbers before it wiretapped phone calls or read e-mails in the U.S. Outside the borders, spying remained unrestricted. The FISA Amendments Act subtly blurs those lines and leaves loopholes whereby the government can intercept U.S. residents’ communications without having to notify the FISA court.

Under the new protocols, the FISA court can authorize NSA to conduct surveillance on U.S. soil as long as the target isn’t American and is “reasonably believed” to be located abroad, no matter who the interlocutor may be, foreigner or American. When information is incidentally collected on American citizens, “minimization procedures” are designed to prevent the unnecessary retention or dissemination of such information.

“Now under the new law, the FISA court is looking at bulk surveillance under which the government doesn’t specify who it’s going to wiretap, which phone numbers it’s going to monitor, or which e-mail addresses it’s going to surveil. All the government has to say to the court is that the targets of its surveillance are overseas. Once the government has said that, the court just checks a box and grants permission. So insofar as Americans engage in international communications, this is a law that gives the government carte blanche to monitor those communications,” explained ACLU National Security Project Director Jameel Jaffer.

Civil liberties advocates say this unchecked eavesdropping power violates the Fourth Amendment, which protects against unreasonable searches and seizures. Yet the Obama administration is “aggressively defending the FISA Amendments Act,” Jaffer said. It is arguing that the courts don’t even have a role in evaluating the constitutionality of the government’s surveillance activities.

A brief filed by the Justice Department in January 2009 maintains that the FAA “strikes a reasonable balance between the critical intelligence it serves and the privacy interests of Americans it indirectly affects,” and that “plaintiffs’ arguments from the start have rested on speculation and surmise.” In short: trust in the government’s good faith for not abusing its power.

Another worrisome aspect of the FISA Amendments Act is the immunity from liability it retroactively granted to telecommunications carriers that assisted the government in carrying out its warrantless wiretapping program before Congress consented to it.

In January 2006, Klein gave EFF critical engineering documents proving that AT&T, his former employer, let NSA access its 611 Folsom St. office building to tap into its Internet data flow to duplicate it and send it to a secret room the agency controlled. That included e-mails, Web browsing, voice-over Internet Protocol (VoIP) phone calls, pictures, and streaming video, be they international or domestic.

Thanks to this installation, anything transmitted on the AT&T network was swept by the NSA. And there were clues that the San Francisco secret room was just one in a series set up all over the country. In his book, available on Amazon, Klein gives an account of his personal protest and involvement in the case spearheaded by EFF against AT&T.

Klein tells how he figured out what the San Francisco room was about, how he struggled to get the story out, and how he tried in vain to inform Congress. But following approval of the FISA Amendments Act, the lawsuit was dismissed in June 2009, along with 32 other similar cases brought by customers against their telecommunications service providers.

“The surveillance system now approved by Congress provides the physical apparatus for the government to collect and store a huge database on virtually the entire population, available for data mining whenever the government wants to target its political opponents at any given moment — all in the hands of an unrestrained executive power. It is the infrastructure for a police state,” he wrote. According to his sources, the equipment is still in place. Security even has been beefed up at the Folsom Street building where he used to work: the entrance to the entire floor where the diversion device is inserted is now restricted.

EFF is appealing the dismissal of the AT&T lawsuit, arguing that the communications companies’ amnesty is unconstitutional in that it grants to the president broad discretion to block the courts from considering the core constitutional privacy claims of millions of Americans. Officials with the Justice Department told us they wouldn’t comment because of the ongoing litigation.

In the meantime, the current judicial and legal gridlock is barring the public from reviewing what took place under the Bush administration and what is going on right now. Can our communications channels be trusted? Klein says he won’t be appeased unless the equipment is torn out.

Sitting boundaries

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Aggressive lobbying efforts by the San Francisco Police Department and some of its allies who are pushing a proposed sit/lie ordinance have irked some current and former members of the Board of Supervisors.

The legislation was privately created by new Police Chief George Gascón and then played up in the mainstream media. It would make it illegal to sit or lie down on public sidewalks. Supporters say it would make it easier for cops to target people who harass neighborhood residents.

But in other cities where similar laws have been passed, protests have erupted from homeless-advocacy organizations and civil liberties groups, which say criminalizing this behavior unfairly (and unconstitutionally) targets homeless people who have nowhere else to go.

In Portland, Ore., a similar law was enacted then overturned by the courts. In Los Angeles, an ordinance against sleeping on the sidewalk was challenged by the American Civil Liberties Union, resulting in the 9th Circuit Court of Appeals ruling in 2006 that unless adequate shelter is available for homeless people in L.A., arresting them for sleeping on the sidewalk amounted to cruel and unusual punishment.

But an e-mail action alert included in SFPD Central Station Capt. Anna Brown’s monthly community newsletter encouraged people to contact the mayor and the Board of Supervisors to support the creation of a sit/lie ordinance. “Naturally, there is resistance from the left-leaning Board of Supervisors who feel this is an attack on the homeless population,” it noted.

That unusually overt political plea caught the eye of Aaron Peskin, former president of the Board of Supervisors and current chair of the San Francisco Democratic Party, who called it “funky.” Peskin told us he’d never seen an advocacy pitch like this go out in a captain’s newsletter before, and he questioned whether this was an appropriate use of city resources.

But the City Attorney’s Office says this doesn’t fall under city laws banning electioneering by city employees, who are barred from using government resources to endorse a candidate or ballot initiative, or from doing any campaign-related work on city property.

Yet this kind of pitch “is not considered political activity,” Jack Song, a spokesperson for City Attorney Dennis Herrera, told the Guardian.

But Sup. David Campos, a former police commissioner, frowned upon it nonetheless. “Something like this is not really helpful to the Board of Supervisors and the Police Department working together,” Campos said.

Sup. Ross Mirkarimi took a similar view. At a recent Board of Supervisors meeting, he requested a hearing about the ordinance because he said the media-driven public debate had occurred without formal discussion. Anti-loitering and public nuisance laws are already on the books, Mirkarimi pointed out.

“What makes those laws inadequate?” he asked. “How would the proposed law augment what is already in effect?”

The alert wasn’t actually written by Capt. Brown, who included it in her newsletter. It was drafted by the Community Leadership Alliance, an organization headed by David Villa-Lobos, a longtime resident of the Tenderloin and a candidate for the District 6 Supervisor seat.

Since Gascón floated the idea of creating a sit/lie ordinance, CLA has kicked into high gear to mobilize support, most recently issuing its action alert e-mail to 8,000 recipients. Police captains were included in the e-mail blast, Villa-Lobos told us, but each captain decides independently what to include in his or her newsletter.

People sitting and lying on sidewalks is “a really, really big problem, especially in the crime-ridden areas,” Villa-Lobos said. “God bless the homeless, but it’s a big problem there too.” Several years ago, his organization tried to mount a campaign for a sit/lie ordinance, but it didn’t go anywhere. “People came out and said we were trying to violate civil rights,” he said.

The Community Leadership Alliance is active in the Tenderloin, SoMa, and the mid-Market Street area, and the group occasionally holds monthly meetings at the Infusion Lounge, an upscale nightclub owned by Scott Caroen, the chair of the organization.

Gascón worked with deputy city attorneys to draft the ordinance and all district police stations have submitted to their commanders a list of areas that they feel could benefit from the law, according to a Tenderloin district newsletter. Mirkarimi told the Guardian that some supervisors were kept in the dark for weeks about the fact that an ordinance had been drafted. “This wasn’t collaborative at all,” Mirkarimi told us. “We never received it until we demanded to see it.”

The Haight-Ashbury, where residents and visitors have been complaining about harassment from wayward traveling youth, has been ground zero for discussion about a sit/lie ordinance. A small group of irate residents there and the Park Station Capt. Teresa Barrett have rallied in support of the law, saying it would give police a new tool to target these disruptive street kids.

But it’s clear that the ordinance’s supporters want to see it applied broadly and to be used to roust the homeless in neighborhoods throughout the city.

“CLA feels that our sidewalks should be enjoyable and a place of social gathering, and that the ordinance could go a long way in helping our neighborhoods feel safer,” reads the Community Leadership Alliance alert that was included in the police captain’s newsletter. “It may also reduce the overall homeless population in San Francisco by discouraging people from coming to the city to beg for money.”

SF Critical Mass under review

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San Francisco Police Chief George Gascón said Friday that he has ordered a review of policies related to Critical Mass, offering veiled threats of an impending crackdown to the unpermitted monthly mass bike ride. As SFPD learned from a 1997 crackdown, that won’t work, and will more likely make the event even more popular and provocative.

But if he’s serious about improving police procedures surrounding Critical Mass, that would be a welcome change. Ever since the March 2007 ride, in which the local media fed hysteria over the ride after an altercation between a driver and cyclist, there’s been a big but confused and confusing police presence on the rides, the result of wanting to “do something” but having no discernible policy or strategy for what to do.

Meanwhile, within the community of longtime Critical Mass riders, there was already a discussion brewing about how to self-regulate and prevent conflicts with drivers. Some of that discussion has been occurring on a new website devoted to the event, and much of it centers on communicating to riders that the event is about celebrating bikes, not purposely pissing off drivers.

There are no official leaders, procedures, or route to the 18-year-old event, making overt negotiations and policies difficult. But if Gascón is serious about the value he said he places on community outreach, there have got to be ways to lower police costs, lessen community conflicts, and preserve what thousands of San Franciscans still see as an important San Francisco tradition.

Sound effects

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MUSIC One can infer a lot about a musician’s relationship to hardcore from their effects pedals. Black Flag pissed off the jocks by growing their hair out and exploring ponderous jam-band territory, but modulating the guitar signal might have been a more serious affront. Black Dice took the latter tack, with Bjorn Copeland’s guitar playing the role of sound generator in contrast to Greg Ginn’s Tourette’s-stricken riff machine. Philadelphia’s David Harms goes by Mincemeat or Tenspeed and does the narrative one better by dispensing with the guitar altogether: his rig consists of a feedback circuit of effects pedals and a mixer.

There may be only one other notable instance of this kind of setup: Nurse With Wound’s uncharacteristic triple-LP of rippling metallic drones, Soliloquy for Lilith (Idle Hole, 1988). NWW’s Steven Stapleton claims to have created the album by gesturing in the air above the circuit — he puts it down to an electrical anomaly in the studio — but Mincemeat’s Harms is more accurately imagined trying, with limited success, to contain his own in-the-red squall by throwing his upper torso over a guitar-pedal-ringed Eye of Sauron. The sound-dust Harms assembles into the seven well-structured pieces that make up Strange Gods (Zum) moves at a velocity and with a restlessness that recall minimalist composers as well as the formal noise bacchanal of Kevin Drumm’s Sheer Hellish Miasma (Mego, 2002). It’s all-American, free-form blood ‘n’ guts noise that takes formal and textural cues from early electronic music — Hair Police listening to Gordon Mumma.

If Mincemeat or Tenspeed’s noise Ouroboros encircles hardcore, their Zum labelmates High Castle (note the initials) use it for rocket fuel. The band shares the bill for tomorrow’s show at the Stud Bar with Mincemeat, but invites comparison with late-1990s punk, though it’s hard to point to a single band. Easier to call out the signs: the trio takes their name from a Philip K. Dick novel, sings in unison without harmonies, features aggressive but rhythmically elastic drumming, and named their best song “Filth.” Fidelity-wise, High Castle’s debut 12″ You’re on Your Own Way sounds damp and fuzzy, like the band (all three members are So Cal natives) is trying to thrash their way to heat. Though the band’s lo-fi production style sounds rote, the way they’re pulling inspiration from neglected corners of underground rock gives a different impression.

MINCEMEAT OR TENSPEED

With High Castle, Strip Mall Seizures, Zoo

Thur/28, 9 p.m., $3

The Stud Bar

399 Ninth St.

www.studsf.com

Welcome to violence

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MUSIC Late last year, Stones Throw Records announced it would release a full-length album of tunes by its veritable resident producer, Madlib, in 2010 … every month. Dubbed Madlib Medicine Show, the 12-part series sounds like a rap nerd fantasy.

Ever since his critically-lionized Quasimoto adventure, 2000’s The Unseen (Stones Throw), when he adopted a helium voice and crafted adult cartoons straight out of Fritz the Cat (1972) and Le Planete Sauvage (1973), Madlib has defined an idiom of crackling sampled loops, slightly buggered raps, and thick clouds of weed smoke. Over 15 years deep into a career that kicked off with a cameo on the Alkaholiks’ 1993 debut 21 and Over (Loud), the L.A. musician’s enigmatic vision perseveres, even as the idealistic underground scene he once occupied — remember back in the ’90s when his old group the Lootpack chastised wannabe gangsta rappers on “The Antidote”? — has turned cynical, becoming obsessed with the same “mainstream” guns-drugs-porn-money quadrangle it once criticized

Meanwhile, onetime critics who complained that Madlib produces too many records have been hushed by a rapacious Internet age, where weekly emissions of tracks and mixtapes are de rigueur. For example, L.A. indie rapper Blu, a promising inheritor of the West Coast hip-hop tradition, has been on “hiatus” for well over a year as he crafts his major label debut, yet still manages to upload several albums’ worth of free online “demos.” Madlib’s dozens of aliases (Yesterday’s New Quintet, DJ Rels, take your pick) and chaotic forays into post-bop, free jazz, soul-jazz broken beat, Brazilian tropicalia, and deep funk might seem quaint in comparison.

Smartly, Madlib doesn’t give his music away for free. The Madlib Medicine Show may resemble those Internet “loosies” and “street albums” you downloaded last night, but he makes you pay for the privilege of hearing his work. (Or at least he tries to; no one is immune to the Web’s torrential bootlegging.)

The first installment, No. 1: Before the Verdict, is particularly pointed in its message of commerce as a soul-destroying, mind-blowing shit-stem. The cover depicts a charred $1 bill (with a weed leaf embedded in a corner), an industrial plant spewing toxic waste, and the World Trade Center being bombed by an airplane. The interior features photos of strangely voodoo-fied Africans — one has a hand protruding from her mouth — and the cryptic message: “There were only three witnesses. Two are dead. The other isn’t talking.”

Before the Verdict’s 17 tracks consist of remixes of Guilty Simpson’s 2007 album Ode to the Ghetto, and a few previews of a forthcoming collaboration tentatively titled OJ Simpson. (Again, just like those damned Internet “street albums.”) Guilty is a decent if ornery thug rapper, but he’s clearly no match for Madlib’s symphony of ’70s soul “rapps,” funky howls, vinyl hiss, DJ cuts, burps and farts, pungent jokes culled from ’60s comedy albums (Redd Foxx and Millie Jackson!), and police scanner snippets. The Detroit rapper’s litanies about “Gettin’ Bitches” and “Robbery” are vocal anchors drowned by the Madlib Invazion’s furiously funky creativity.

Remember when that Quasimoto album intoned at the very beginning, “Welcome to violence”? These days, Madlib doesn’t just promise it. In rave terms, he has entered his hardcore phase. No longer positive and consciousness-expanding, the blessed weed smoke is fuel for a crank personality. The transformation is compelling, hilarious, and frightening. As the rap world’s version of “reality” narrows into a handful of masculine fantasies, Madlib has become the era’s pamphleteer, printing out screaming headlines like a crazed prophet of doom.

Not all of his current work sounds like a ghetto dystopia. On his 2008 homage to his late friend James “J Dilla” Yancey, Beat Konducta Vol. 5-6: A Tribute To …(Stones Throw), Madlib employed the same collagist techniques with melancholy, loving care. And then there’s the other album Madlib produced this month, Strong Arm Steady’s In Search of Stoney Jackson (Stones Throw). The L.A. group fares somewhat better than Guilty Simpson. Madlib lets their hard-rock rhymes breathe a little, before snuffing them with musical ether

MADLIB

with DJ Shortkut

Fri/29, 10 p.m., $20

Mighty

119 Utah, SF.

www.mighty119.com

Marijuana goes mainstream

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I’ve smoked marijuana on and off for most of my adult life, usually in the evening to help let go of the anxieties associated with being a progressive wage slave in an increasingly conservative capitalist country.

Buying my pot, which is California’s biggest cash crop, has always been a criminal transaction: in hushed tones or coded language, I arrange to meet a dealer I’ve been set up with through friends. And when I meet him (they’ve always been men), I give him cash in exchange for an eighth- or quarter-ounce of whatever kind of pot he’s selling.

I don’t know what variety I’m buying, who grew it, or how it was grown; whether violence or environmental degradation have occurred along the supply chain; or even whether it is an indica or sativa, the two most basic cannabis families that have differing effects on users.

I’ve been completely in the dark, both in terms of what I was buying and who was benefiting from the transaction, but that changed recently. I obtained a doctor’s recommendation to legally smoke weed — honestly citing anxiety as my affliction — and set out to explore the area’s best cannabis clubs.

It was a little strange and disorienting at first, this new world of expert purveyors of the finest Northern California marijuana and the various concentrates, edibles, drinkables, and other products it goes into. But what eventually struck me is just now normal and mainstream this industry has become, particularly in San Francisco, which has long led the movement to legalize marijuana.

Unlike in cities such as Los Angeles, where the rapid proliferation of unregulated pot clubs has made headlines and raised community concerns, San Francisco years ago made its clubs jump through various bureaucratic hoops to become fully licensed, permitted, and regulated, free to join the mainstream business community, pay their taxes, and compete with one another on the basis of quality, price, customer service, ambiance, and support for the community.

As Californians prepare to decide whether to decriminalize marijuana for even recreational use — on Jan. 28, advocates plan to turn in enough valid signatures to place that initiative on the fall ballot — it’s a good time to explore just what the world of legal weed looks like.

Pretty much everyone involved agrees that San Francisco’s system for distributing marijuana to those with a doctor’s recommendation for it is working well: the patients, growers, dispensary operators, doctors, politicians, police, and regulators with the planning and public health departments.

“It works and it should continue to be replicated,” Sup. Ross Mirkarimi, who created the legislation four years ago that led to the current system, told us. “It’s now mainstream.”

Public health officials agree. “In general, we’re very happy about our relationship with the industry and their commitment to the regulations,” said Dr. Rajiv Bhatia, San Francisco’s environmental health director. “We did this well and we did it cooperatively with the clubs.”

Bhatia said there are now 22 fully-permitted clubs (and two more under review) in San Francisco, less than half the number operating when the regulations were created. He also said the city no longer receives many complaints from neighbors of clubs.

Misha Breyburg, managing partner of the nonprofit Medithrive, which opened just a few months ago on Mission Street, supports the process too. “The regulations generally are not easy, but I think that’s okay,” he said. “The process was long and cumbersome and stressful, but very fair.”

Martin Olive, director of the Vapor Room, one of the city’s largest and best dispensaries, agrees that the permitting process professionalized the industry: “I’m proud to be here because the city government has been amazing.”

Richard Lee — founder of Oaksterdam University in Oakland, which teaches marijuana cultivation and is the main financial backer behind the initiative to legalize and tax pot — said San Francisco and Oakland have demonstrated that cannabis clubs can function like any other legitimate industry and become a real asset to their neighborhoods and the local economy.

“Once they started legalizing the clubs, they had no more problems,” Lee told us. “It really is boring and really not a big deal. It’s only the prohibition that makes it exciting and a little scary.”

In fact, Lee said that normalizing and legalizing the marijuana industry is the best way to deal with the problems associated with the illegal drug trade, such as violence, creation of a criminal class, respect for law enforcement, wasted public resources, lost tax opportunities, unsafe growing operations, and environmental damage.

“We need to end cannabis prohibition to end the violence,” Lee said.

Bringing marijuana above ground also has created an artisanship that’s similar to the wine industry, elevating cultivation practices to an art form, improving the science behind it, and making users more sophisticated about subtle differences in taste and effect among the dozens of varieties now on the market.

But the growers themselves still exist in a murky gray area. Although they can get some legal cover as registered caregivers to a cooperative’s members, they’re still exposed to thefts, shakedowns, logistical difficulties, and raids by federal agents or even local police, such as the series of raids in the Sunset District last fall that targeted even legitimate growers for the clubs.

“Right now, cultivators have no air cover at all and they’re getting mixed messages,” Mirkarimi said, calling for the city to better protect growers and even consider getting into the business of growing pot for the clubs and patients. “General Hospital should dispense medical cannabis.”

That issue and others related to the city’s relationship with the industry are currently the subject of a working group convened by Sup. David Campos, a byproduct of which is the proposal to create a Medical Cannabis Task Force to advise the Board of Supervisors, an item the board was scheduled to vote on Jan. 26.

Mirkarimi said he’s also concerned about current rules that ban smoking in clubs that are within 1,000 feet of schools or drug treatment facilities, which has served to prohibit smoking in all but a few San Francisco clubs. Oakland bans smoking in all its clubs. “That’s where the laws could be modified, because you don’t want to take away that social vibe,” Mirkarimi said. “San Francisco needs to be a leader in activating the next step.”

Olive, whose club allows smoking and has a great social scene, agrees that something is lost when the clubs are forced to be simply transactional.

“This is a social healing medicine, and we’re here to promote an inviting atmosphere where people can share their stories,” Olive said. “The whole point is not to just come in and get your medicine, but to be a part of a community.”

That community can range from young stoners to dying old patients, who can both benefit from their communion. “It’s the hippies and the yuppies. Everyone comes here,” Breyburg said. Or as Olive told me, “There is something intrinsically rewarding to sharing a joint with someone, as silly as that sounds.”

The voter-approved Proposition 215 and state law are deliberately vague on what ailments qualify for a doctor’s recommendation, spawning a sub-industry of physicians who specialize in pot, like the ones at the clinic I visited, Dr. Hanya Barth’s Compassionate Health Options in SoMa.

The busy clinic charges around $130 for an initial visit and patients walk away with a legal recommendation, which is all state law requires to legally use marijuana (the clinic recommended also buying a $100 state ID card or a $40 card from the Patient ID Center in Oakland, but I didn’t need them to enter any of the clubs I visited).

The long forms patients fill out even suggest anxiety as an affliction that pot can help, but the clinic also asks patients to sign a waiver to obtain detailed medical records supporting the recommendation. When Barth learned that I have a shoulder separation for which I underwent an MRI a few years ago, she requested those records and added “shoulder pain” to my “anxiety” affliction.

“My goal is not just to give people a recommendation. I look at how I can help or support the person beyond just giving them a recommendation,” Barth told me, illustrating her point by showing me two packs of cigarettes from patients whom she said she convinced to quit smoking.

Her vibe combines the healer and the old hippie, someone who sees a plethora of uses for marijuana and generally thinks society would be better off if everyone would just have a puff and chill out. The clubs also don’t draw distinctions based on their customers’ reasons for smoking.

“There is a distinct difference between medical use and recreational use,” Olive said, telling stories about amazing turnarounds he’s seen in patients with AIDS, cancer, and other debilitating diseases, contrasting that with people who just like to get high before watching a funny movie, which he said is also fine.

But Olive said there’s an important and often under-appreciated third category of marijuana use: therapeutic. “They use cannabis to cope, to unwind, to relax, to sleep better, or to think through problems in a different way,” Olive said.

This third category of user, which I officially fall into, seems to be the majority people I encountered in the local clubs. And while it may be easy for cannabis’ critics to dismiss such patients as taking advantage of laws and a system meant to help sick people, Olive says they play an important role.

“They make it easier for the cannabis clubs to give it away to the people who really need it,” Olive said, referring the practice by most clubs of giving away free weed to low-income or very sick patients, which is supported by the profits made on sales.

The Vapor Room is widely regarded as having one of the best compassionate giving programs, and Olive estimated that the operation gives away about a pound per week through local hospice programs and by giving away edibles and bags of cannabis vapor at the club.

Some of the profits are also used to offer free massage, yoga, chiropractic, and other classes to their members, a system being taken to new heights by Harborside Health Center in Oakland, which has fairly high prices but uses that revenue to offer an extensive list of free services and laboratory analysis of the pot it sells, identifying both contaminants (such as molds or pesticides) and the level of THC, the compound that gets you high.

Olive said there’s also a positive psychological impact of legitimizing the use of marijuana: “It no longer feels like you’re doing a bad thing that you have to be sneaky about.”

As I created my list of the clubs I planned to review, I found abundant online resources such as www.sanfranciscocannabisclubs.com and www.weedtracker.com. But an even better indicator of how mainstream this industry has become were the extensive listings and reviews on Yelp.com.

I combined that information with recommendations from a variety of sources I interviewed to develop my list, which is incomplete and entirely subjective, but nonetheless a good overview of the local industry and the differences among the clubs.

Also, like our restaurant reviewers, I didn’t identify myself as a journalist on my visits, preferring to see how the average customer is treated — and frankly, I was amazed at the high level of friendly, knowledgeable customer service at just about every club. To comply with city law, all the clubs are fully accessible by those with disabilities.

So, with that business out of the way, please join me on my tour of local cannabis clubs, in the (random) order that I visited them:

————

DIVINITY TREE

While the reviews on Yelp rave about Divinity Tree (958 Geary St.), giving it five stars, I found it a little intimidating and transactional (although it was the first club I visited, so that might be a factor). But if you’re looking to just do your business in a no-frills environment and get out, this could be your place.

The staff and most of the clientele were young men, some a bit thuggish. One worker wore a “Stop Snitching” T-shirt and another had “Free the SF8.” But they behaved professionally and were knowledgeable and easy to talk to. When I asked for a strain that would ease my anxiety but still allow me enough focus to write, my guy (patients wait along a bench until called to the counter) seemed to thoughtfully ponder the question for a moment, then said I wanted a “sativa-dominant hybrid” and recommended Neville’s Haze.

I bought 1/16 for $25 and when I asked for a receipt, it seemed as though they don’t get that question very often. But without missing a beat he said, “Sure, I’ll give you a receipt,” and gave me a hand-written one for “Meds.”

Buds weighed on purchase

Open for: three years

Price: Fairly low

Selection: Moderate

Ambiance: A transactional hole in the wall

Smoke On Site: No

Thug factor: Moderate

Access/Security: Easy. Membership available but not required

————-

GRASS ROOTS

Located at 1077 Post St. right next to Fire Station #3, Grass Roots has the feel of a busy saloon. Indeed, as a worker named Justin told me, many of the employees are former bartenders who know and value customer service. With music, great lighting, and nice décor, this place feels comfortable and totally legit. Whereas most clubs are cash-only, Grass Roots allows credit card transactions and has an ATM on site.

The steady stream of customers are asked to wait along the back wall, perusing the menus (one for buds and another with pictures for a huge selection of edibles) until called to the bar. When asked, my guy gave me a knowledgeable breakdown of the difference between sativa and indica, but then Justin came over to relieve him for a lunch break with the BBQ they had ordered in and ate in the back.

Justin answered my writing-while-high inquiry by recommending Blue Dream ($17 for a 1.2-gram), and when I asked about edibles, he said he really likes the indica instant hot chocolate ($6), advising me to use milk rather than water because it bonds better with the cannabinoids to improve the high. Then he gave me a free pot brownie because I was a new customer. I was tempted to tip him, but we just said a warm goodbye instead.

Buds weighed on purchase

Open for: five years

Price: Moderate

Selection: High

Ambiance: A warm and welcoming weed bar

Smoke On Site: No

Thug factor: Low

Access/Security: Easy

————–

HOPENET

Hopenet (223 Ninth St.) is one of the few places in the city where you can smoke on site, in a comfortable, homey style, as if you’re visiting a friend’s apartment. In addition to the loveseat, two chairs, and large bong, there is a small patio area for smoking cigarettes or playing a guitar, as someone was doing during my visit.

Although the small staff is definitely knowledgeable, they all seemed stoned. And when I asked about the right weed for my writing problem, a gruff older woman impatiently dismissed any indica vs. sativa distinctions and walked away. But I learned a lot about how they made the wide variety of concentrates from the young, slow-talking guy who remained.

He weighed out a heavy gram of White Grapes for $15, the same price for Blue Dream, and $2 cheaper than I had just paid at Grass Roots. That was in the back room, the big middle area was for hanging out, and the front area was check-in and retail, with a case for pipes and wide variety of stoner T-shirts on the walls.

Buds weighed on purchase

Open for: seven years

Price: Low

Selection: Moderate

Ambiance: Like a converted home with retail up front

Smoke On Site: Yes!

Thug factor: Low

Access/Security: Easy

————

VAPOR ROOM

Vapor Room (607A Haight, www.vaporroom.com) is San Francisco’s best pot club, at least in terms of feeling like an actual club and having strong connections to its community of patients. It’s a large room where customers can smoke on site, giving this collective a warm, communal vibe that facilitates social interaction and fosters a real sense of inclusiveness.

Each of the four large tables has a high-end Volcano vaporizer on it, there’s a big-screen TV, elegant décor, and large aquarium. There’s a nice mix of young heads and older patients, the latter seeming to know each other well. But, lest members feel a little too at home, a sign on the wall indicates a two-hour time limit for hanging out.

Its early days in the spot next door were a bit grungier, but the new place is bright and elegant. It has a low-key façade and professional feel, and it strongly caters to patients’ needs. Low-income patients are regularly offered free medicine, such as bags full of vapor prepared by staff. Mirkarimi said the Vapor Room is very involved in the Lower Haight community and called it a “model club.”

But they’re still all about the weed, and they have a huge selection that you can easily examine (with a handy magnifying glass) and smell, knowledgeable staff, lots of edibles and concentrates, a tea bar (medicated and regular), and fairly low standardized pot prices: $15 per gram, $25 per 1/16th, $50 per eighth. And once you got your stuff, grab a bong off the shelf and settle into a table — but don’t forget to give them your card at the front desk to check out a bowl for your bong. As the guy told me, “It’s like a library.”

Buds weighed on purchase

Open for: six years

Price: Moderate

Selection: High

Ambiance: Warm, communal hangout

Smoke On Site: Yes!

Thug factor: Low

Access/Security: Easy, but membership required

————-

MEDITHRIVE

The newest cannabis club in town, MediThrive (1933 Mission, www.medithrive.com) has a bright, fresh, artsy feel to it, with elegantly frosted windows and a welcoming reception area as you enter. This nonprofit coop takes your photo and requires free membership, and already had almost 3,000 members when I signed up a couple weeks ago. Tiana, the good-looking young receptionist, said the club recently won a reader’s choice Cannabis Cup award and noted that all the art on the walls was a rotating collection by local patients: “We’re all about supporting local art.”

The decorators seemed to have fun with the cannabis concept, with a frosted window with a pot leaf photo separating the reception area from the main room, while the walls alternated wood planks with bright green fake moss that looked like the whole place was bursting with marijuana. There’s a flat-screen TV on the wall, at low volume.

The large staff is very friendly and seemed fairly knowledgeable, and the huge selection of pot strains were arranged on a spectrum with the heaviest indica varieties on the left to the pure sativas on the right. Lots of edibles and drinkables, too. The cheapest bud was a cool steel tin with a gram of Mission Kush for $14 (new members get a free sample), while the high rollers could buy some super-concentrated OG Kush Gold Dust ($50) or Ear Wax ($45) to sprinkle over their bowls.

Prepackaged buds

Open for: three months

Price: Moderate

Selection: High

Ambiance: Professional, like an artsy doctor’s office

Smoke On Site: No

Thug factor: Very low

Access/Security: Easy, but membership required

————

KETAMA COLLECTIVE

At 14 Valencia St., Ketama is a testament to how silly it is that clubs within 1,000 feet of schools aren’t permitted to allow smoking on site. This former café has a large, comfortable seating area and full kitchen, both of which have had little use since a school opened way down the street last year, causing city officials to ban smoking at Ketama.

Pity, because it seems like a great place to just hang out. Yet now it just seemed underutilized and slow. The staff is small (one door guy and a woman hired last summer doing sales), and we were the only customers during the 20 minutes I was there (except for the weird old guy drinking beer from a can in a bag who kept popping in and out).

But it still had jars of good green bud, several flavors of weed-laced drinks and edibles, and a pretty good selection of hash and kief at different prices, and the woman spoke knowledgeably about the different processes by which they were created. To counteract the slow business, Ketama has a neon sign out front that explicitly announces its business — another indication the industry has gone legit.

Buds weighed on purchase

Open for: five years

Price: Low

Selection: Limited

Ambiance: Dirty hippie hangout, but with nobody there

Smoke On Site: No

Thug factor: Low

Access/Security: Easy, but free membership required

————

MR. NICE GUY

Belying its name, Mr. Nice Guy (174 Valencia St.) thrilled and scared me, but not necessarily in a bad way. Located across the street from Zeitgeist, the thug factor here was high and so was the security, allowing no human interaction that wasn’t mediated by thick Plexiglass, presumably bulletproof.

After initially being told by a disembodied voice to come back in five minutes, I submitted my doctor’s recommendation and ID into the slot of a teller’s window, darkened to hide whoever I was dealing with. Quickly approved, I was buzzed into a small, strange room with three doors.

I paused, confused, until the disembodied voice again told me, “Keep going,” and I was buzzed through another door into a hallway that led to a large room, its walls completely covered in brilliant murals, expertly painted in hip-hop style. Along the front walls, a lighted menu broke down the prices of about 20 cannabis varieties.

Then finally, I saw people: two impossibly hot, young female employees, lounging nonchalantly in their weed box, like strippers waiting to start their routines. The only other customer, a young B-boy, chatted them up though the glass, seemingly more interested in these striking women than their products.

I finally decided to go with the special, an ounce of Fever, normally $17, for just $10. I opened a small door in the glass, set down my cash, and watched the tall, milk chocolate-skinned beauty trade my money for Fever, leaving me feeling flushed. It was the best dime-bag I ever bought.

Prepackaged buds

Open for: ???

Price: Moderate, with cheap specials

Selection: High

Ambiance: Hip hop strip club

Smoke On Site: No

Thug factor: High

Access/Security: High security but low scrutiny

————-

BERNAL HEIGHTS COLLECTIVE

Bernal Collective (33 29th St. at Mission) seemed both more casual and more strict than any of the other clubs in town — and it also turned out to be one of my favorites.

After refusing to buy pot for a guy out front who had just been turned away, I entered the club and faced more scrutiny than I had at any other club. It was the only club to ask for my doctor’s license number and my referral number, and when I tried to check an incoming text message, I was told cell phone use wasn’t allowed for “security reasons.” On the wall, they had a blown-up copy of their 2007 legal notice announcing their opening.

But beyond this by-the-book façade, this club proved warm and welcoming, like a comfortable clubhouse. People can smoke on site, and there’s even a daily happy hour from 4:20–5:20 p.m., with $1 off joints and edibles, both in abundant supply. Normal-sized prerolled joints are $5, but they also offer a massive bomber joint with a full eighth of weed for $50.

The staff of a half-dozen young men were knowledgeable about the 20 varieties they had on hand and offered excellent customer service, even washing down the bong with an alcohol-wipe before letting a customer take a rip from the XXX, a strong, sticky bud that was just $15 for a gram.

Buds weighed at purchase

Open for: five years

Price: Fairly low

Selection: High

Ambiance: A clubhouse for young stoners

Smoke On Site: Yes

Thug factor: Low

Access/Security: Fairly tight

————-

LOVE SHACK

This longtime club (502 14th St.) has had its ups and downs, the downs coming mostly because of its location on a fairly residential block. After taking complaints from neighbors, the city required Love Shack to cap its membership, although that seems to be changing because the club let me in, albeit with a warning that next time I would need to have a state ID card. It was the only club I visited to have such a requirement.

Once inside this tiny club, I could see why people might have been backed up onto the street at times. But the staff was friendly and seemed to have a great rapport with the regulars, who seemed be everyone except me. The knowledgeable manager walked me through their 20-plus varieties, most costing the standard street price of $50 per eighth, or more for stronger stuff like Romulan.

On the more affordable end of the spectrum was the $10 special for Jack Herrer Hash, named for the longtime legalization advocate who wrote The Emperor Wears No Clothes, a classic book on the history of the movement.

Buds weighed at purchase

Open for: eight years

Price: Moderate

Selection: High

Ambiance: Small, like a converted apartment

Smoke On Site: No

Thug factor: Moderate

Access/Security: Tight

————-

COFFEE SHOP BLUE SKY

Blue Sky (377 17th St., Oakland)is based on the Amsterdam model of combining marijuana dispensaries with coffee shops, although it suffers a bit from Oakland’s ban on smoking. Still, it’s a cool concept and one that Richard Lee sees as the future of marijuana-related businesses because of the synergy between smoking and grabbing a bite or some coffee.

Most of Blue Sky is a small coffee shop and smoothie bar, but there’s a little room in back for buying weed. “We’ve got the best prices around,” said the guy who checked my ID, and indeed, $44 eighths and $10 “puppy bags” were pretty cheap. Customers can also sign up to do volunteer political advocacy work for free weed.

The only downside is the limited selection, only four varieties when I was there, although the woman at the counter said the varieties rotate over the course of the day based on the club’s purchases from growers.

Prepackaged buds

Open for: 14 years

Price: Low

Selection: Very limited

Ambiance: A fragrant little room behind a coffee shop

Smoke On Site: No

Thug factor: Low

Access/Security: Easy

————–

HARBORSIDE HEALTH CENTER

I have seen the future of legitimized medical marijuana businesses, and it’s Harborside (1840 Embarcadero, Oakland). With its motto of “Out of the shadows, into the light,” this place is like the Costco of pot — a huge, airy facility with a dizzying number of selections and even a “rewards card” program.

All new members are given a tour, starting with sign-up sheets for daily free services that include yoga, chiropractic, acupuncture, reiki, consultations with herbalists, and classes on growing. Then we moved to a section with the clones of dozens of pot plant varieties available for purchase (limit of 72 plants per visit), along with a potted marijuana plant the size of a tree.

Harborside is also blazing the trail on laboratory services, testing all of its pot for contaminants and THC content, labeling it on the packaging just like the alcohol industry does. Some of the smaller clubs don’t like how over-the-top Harborside is, and they complain that its prices are high. But those profits seem to be poured back into the services at this unique facility.

Prepackaged buds

Open for: three years

Price: High

Selection: Huge

Ambiance: A big, open shopping emporium

Smoke On Site: No

Thug factor: Low

Access/Security: Tight

————-

SANCTUARY

The people who run Sanctuary (669 O’Farrell St.), the first club to fully comply with the new city regulations and get its permanent license, have been active in the political push for normalizing medical marijuana, as a wall full of awards and letters from politicians attests. Owner Michael Welch was commended for his work by the Harvey Milk LGBT Democratic Club, where Sanctuary employee Tim Durning has been an active longtime member and former elected officer.

Sanctuary has a generous compassionate giving program and caters to lots of poor residents of the Tenderloin neighborhood. While the club is prohibited from allowing smoking, they fudge the restriction with a Volcano vaporizer. “A lot of patients are on fixed income and live in the SROs, where they can’t smoke, so we let them vaporize here whether they buy from us or not,” Durning told us.

Those who do buy from them find a huge selection — including 20 different kinds of hash and 17 varieties of buds — at a wide price range. Staffers know their products well and take their business seriously, giving a regular spiel to new members about responsible use, which includes maintaining neighborhood relations by not smoking near the business.

Buds weighed on purchase

Open for: five years

Price: Low to moderate

Selection: High

Ambiance: Campaign headquarters for the marijuana movement

Smoke On Site: No, but vaporizing OK

Thug factor: Low

Access/Security: Easy

————–

GREEN DOOR

If low prices or a huge selection of edibles are what you seek, Green Door (843 Howard St., www.greendoorsf.com) could be the club for you.

Eighths of good green buds start at a ridiculously low $25 and go up to just $50 (the cheapest price for eighths at many clubs and also the standard black market price). If that’s not low enough, super-broke users can buy a quarter-ounce bag of high-grade shake for $40.

If you didn’t already have the munchies going in, you’ll get them perusing the huge menu of edibles: from weed-laced knockoffs of Snickers bars and Reese’s Peanut Butter Cups for just $5 to cupcakes, ice cream, or Chex party mix. They have lots of hash and other concentrates as well.

Somehow, the club also manages to have a strong compassionate giving program and contibutes to local civic organizations that include the Black Rock Arts Foundation, Maitri AIDS Hospice, and Friends of the Urban Forest.

The club itself is a little sterile and transactional, with an institutional feel and employees stuck behind teller windows. But even though that and the steady flow of tough-looking young male customers raise its thug factor a bit, the employees all seemed friendly and helpful, giving free edibles to first-time customers.

Prepackage buds

Open for: 8 years (4 here, 4 in Oakland)

Price: Cheap

Selection: High for edibles, moderate for weed

Ambiance: Like a community bank of cheap weed

Smoke On Site: No

Thug factor: Moderate

Access/Security: Easy access, high security

————–

RE-LEAF HERBAL CENTER

While I had heard good things about Re-Leaf (1284 Mission St.), my first impression was that it’s a little sketchy. As the door guy was checking my recommendation card and ID, I asked whether they allow smoking on site. He looked as if this was a difficult question, paused, and finally told me to ask the people behind the counter.

The small club was blaring gangsta rap when I entered, after a while lowering the volume to compete less with the blaring television set to an ultimate fighting match. It had two small fridges filled with tasty-looking edibles and lots of vaporizers and other merchandise for sale, but only eight varieties of marijuana.

But the service was good, and after knocking $5 off my gram of Jim Jones (a variety I only found here) because I was a first-time customer, he told me it was OK to smoke on site. I sat down on the couch, but there were no bongs, vaporizers, pipes, or even ashtrays to use.

Buds weighed on purchase

Open for: two years (three years at previous SF location)

Price: Fairly low

Selection: Limited

Ambiance: A loud head shop that also has some weed

Smoke On Site: Yes and no

Thug factor: Moderate to high

Access/Security: Easy

The problem with Tasers

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The BART police officer who pulled a weapon and killed Oscar Grant on Jan. 2, 2009 claims he didn’t intend to use lethal force. Lawyers for Johannes Mehserle say their client meant to pull a Taser gun to subdue Grant and grabbed his service pistol by mistake.

That, of course, is a debatable proposition, and a jury in Mehserle’s homicide case will have to sort it out. But it shows the danger of a new San Francisco Police Department report suggesting that Tasers might have saved the lives of some of the eight people shot and killed by San Francisco cops between 2005 and 2009.

The report, written by Assistant Chief Morris Tabak, focuses on 15 incidents in which local officers shot at suspects. Seven of those shootings led to nonfatal injuries, but eight ended with the suspect dead. Some of the shootings were, at best, dubious. In 2005, for example, two officers shot and killed a mentally disturbed man, Asa Sullivan, who was unarmed and hiding in an attic (see “Why is Asa Sullivan dead?” 6/21/06). If the police had a viable less-lethal alternative, the report states, the outcome might have been different. The death of Idriss Stelley at the hands of the SFPD isn’t mentioned in the report, since that happened in 2001,. But Stelley was also mentally ill, and some critics say he should never have been shot .

It’s no secret that Chief George Gascón supports arming the police with Tasers, which use high-voltage electrical current to disrupt a person’s nervous system and render him or her temporarily unable to move. Tasers aren’t exactly nonlethal; by some accounts, 250 people have been killed by Taser shots. They can be particularly hazardous to people with heart conditions.

And they also can be badly abused by police officers who see them as a tool to subdue unruly suspects who otherwise would not be subject to the use of lethal force. Nobody argues, for example, that Oscar Grant (who was lying on the ground, unarmed) was enough of a threat that the use of lethal force was an appropriate police response. The BART officers on the scene, however, apparently thought that using a Taser was fine.

If that’s how the SFPD is going to see the use of Tasers, then the city’s better off without them.

We agree: if the officers who shot Asa Sullivan had used a Taser instead, the young man might still be alive today. (Assuming he wasn’t one of those whose medical condition would render a Taser attack fatal). And it’s always better to subdue a suspect without the use of lethal force. And Tabak is right — if the local cops had (and used) an alternative to their firearms in some of the fatal shootings, live might have been saved.

And if that’s how Tasers are used — and that’s the only way they’re used — there’s a case for adding them to the city’s arsenal.

But when the Police Commission reviews the Tabak report and discusses a policy change that could allow the SFPD to carry Tasers, it should start and end with one rule: a Taser should be treated like any lethal weapon, and used only when deadly force would be authorized.

The danger of less-lethal weapons is not just the fact that they can be fatal to some people, or that they can be mistaken for a firearm. If the cops think they can use the devices any time they want a shortcut to other forms of physical restraint, then Tasers become a liability that can lead to tragic consequences.

Editorial: Just say no on tasers

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A taser should be treated like any other lethal weapon only when deadly force would be authorized

The BART police officer who pulled a weapon and killed Oscar Grant on Jan. 2, 2009 claims he didn’t intend to use lethal force. Lawyers for Johannes Mehserle say their client meant to pull a Taser gun to subdue Grant and grabbed his service pistol by mistake.

That, of course, is a debatable proposition, and a jury in Mehserle’s homicide case will have to sort it out. But it shows the danger of a new San Francisco Police Department report suggesting that Tasers might have saved the lives of some of the eight people shot and killed by San Francisco cops between 2005 and 2009.
The report, written by Assistant Chief Morris Tabak, focuses on 15 incidents in which local officers shot at suspects. Seven of those shootings led to nonfatal injuries, but eight ended with the suspect dead. Some of the shootings were, at best, dubious.

In 2005, for example, two officers shot and killed a mentally disturbed man, Asa Sullivan, who was unarmed and hiding in an attic (see “Why is Asa Sullivan dead?” 6/21/06). If the police had a viable less-lethal alternative, the report states, the outcome might have been different. The death of Idriss Stelley at the hands of the SFPD isn’t mentioned in the report, since that happened in 2001,. But Stelley was also mentally ill, and some critics say he should never have been shot .

It’s no secret that Chief George Gascón supports arming the police with Tasers, which use high-voltage electrical current to disrupt a person’s nervous system and render him or her temporarily unable to move. Tasers aren’t exactly nonlethal; by some accounts, 250 people have been killed by Taser shots. They can be particularly hazardous to people with heart conditions.
And they also can be badly abused by police officers who see them as a tool to subdue unruly suspects who otherwise would not be subject to the use of lethal force. Nobody argues, for example, that Oscar Grant (who was lying on the ground, unarmed) was enough of a threat that the use of lethal force was an appropriate police response.

The BART officers on the scene, however, apparently thought that using a Taser was fine.
If that’s how the SFPD is going to see the use of Tasers, then the city’s better off without them.
We agree: if the officers who shot Asa Sullivan had used a Taser instead, the young man might still be alive today. (Assuming he wasn’t one of those whose medical condition would render a Taser attack fatal). And it’s always better to subdue a suspect without the use of lethal force. And Tabak is right — if the local cops had (and used) an alternative to their firearms in some of the fatal shootings, live might have been saved.
And if that’s how Tasers are used — and that’s the only way they’re used — there’s a case for adding them to the city’s arsenal.
But when the Police Commission reviews the Tabak report and discusses a policy change that could allow the SFPD to carry Tasers, it should start and end with one rule: a Taser should be treated like any lethal weapon, and used only when deadly force would be authorized.

The danger of less-lethal weapons is not just the fact that they can be fatal to some people, or that they can be mistaken for a firearm. If the cops think they can use the devices any time they want a shortcut to other forms of physical restraint, then Tasers become a liability that can lead to tragic consequences.<0x00A0>2

The Taser problem

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By Tim Redmond

12510taser.jpg

Still not a lot of details on the machete-wielding man shot and killed by the SF cops this weekend, but the incident is once again renewing the discussion of Tasers.

In the wake of a study written by Assistant Chief Morris Tabak that says that some fatal shootings could have been avoided if the cops had less-lethal alternatives, the Police Commission is going to look at the use of the high-voltage stun guns. Chief George Gascon favors equipping officers with the weapons.

It’s probably true that Tasers would have saved lives if the cops had zapped some suspects instead of shooting them. In the Asa Sullivan case, for example, an unarmed mentally ill man died when officers opened fire; a less-lethal alternative would have been more than adequate to subdue the guy.

But Tasers have their own problems — particularly if officers are authorized to use them in situations where drawing a firearm would be prohibited. Consider the case of Oscar Grant, killed by a BART police officer who later argued that he thought he was pulling a Taser, not a pistol.

Grant clearly wasn’t enough of a threat that the BART police should have used lethal force to subdue him. But using a Taser apparently seemed just fine. See, once you give the cops Tasers, they’re going to see them as a simple way to incapacitate unruly people — unless there are very clear rules. Tasers can kill people, too, and should be treated as an alternative to lethal force — not an alternative to handcuffs.

Why foot patrols make sense

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By Tim Redmond

I had lunch with the chief of police yesterday. George Gascon is far sharper than the past few people to occupy that office, and seems to understand the need to reach out to the news media and to people who don’t agree with him. He’s actually a pretty skilled politician — which is a bit scary to folks who think he’s going in the wrong direction

And on a lot of things, I think he is.

We talked a lot about the sit-lie law that he’s been pushing, which I wrote about this week. Gascon insisted that he doesn’t want to use the law as a way to sweep homeless people off the streets; in fact, he told me, he doesn’t want to put anyone in jail, not at first, anyway. He’s rather use the law as a tool to get the young bullies and thugs (who are, by the way, a real problem on Haight St.) into the criminal justice system, where they might get access to services that could help them change their behavior.

I don’t see it working. What I see is either (a) the troublemakers will simply stand up when the cops arrive and walk to another part of the street or (b) some will get arrested, released, arrested, released, etc. — rejecting or ignoring all possible services — then ultimately, on the fourth or fifth offense, wind up in jail.

And all of of those arrests and court hearings are expensive.

In fact, Gascon and I agreed on two central points: (1) Putting two cops on foot patrol on Haight Street, between Buena Vista Park and Golden Gate Park, 13 hours a day, would end the problem pretty quickly and (2) the cost of doing that, which he put at close to $1 million a year (a bit high, I think), is probably lower than the cost of arresting, prosecuting, defending and incarcerating the Haight bullies.

This is something to look at.

Sup. Ross Mirkarimi wants to hold a hearing on the issue, and I think he ought to ask the controller or the budget analyst to examiner the real costs: What’s the price tag of foot patrols in the Haight? What’s the cost to the district attorney, the public defender, the courts and the Sheriff’s Office of implementing a sit-lie law? And could the foot patrols be a cheaper way of solving this problem?

And whatever Gascon says about his intent, once you pass a law like this — a law making it a crime to sit or lie on the sidewalk — it’s there, on the books, ripe for abuse. Gascon won’t be the chief forever. And he has to answer to the mayor, who may want to use the law a little differently.

So before we go that route, why not try foot patrols? According to Gascon, the department can’t afford it; with a huge budget deficit and cuts on the way for every agency, spending a million bucks on Haight Street doesn’t make sense. But the supervisors should look at this citywide; spending $1 million on preventing crime with foot patrols (if that’s what it would really cost) may be a lot more cost-effective than spending $2 million arresting, prosecuting, defending, sentencing and incarcerating people.

It’s at least worth a try.

Prison report: The early release scare

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By Just A Guy

Editors note: Just A Guy was recently released after serving a sentence in a California state prison. He continues to comment on law-enforcement and public-safety issues.

Here we continue with the anti-release rhetoric, saying that all the people are “dangerous criminals” and the releases will cause a spike in crime.

Here’s Los Angeles Police Protection League President Paul M. Weber:

“We can expect crime to go up as a result of this massive release, considering California has the highest recidivism rate in the nation, with seven out of ten parolees reoffending then returning to the prison system.”

Of course you can expect an increase in crime — most of the people sent to county jails and prisons (especially county jails) have been given absolutely no rehabilitative programs. What is the real reason that seven out of 10 parolees return to jail, though? Is it from new crimes or parole violations? Why does California have the highest recidivism rate?

Maybe it’s because, for a long time now, parolees have been violated and sent back to prison for “technical violations” like leaving the county without permission or having contact with their significant other when they weren’t supposed to.

While it is certainly each individual’s responsibility to abide by the rules of parole, some of the things that parolees get violated for the first time are overwhelmingly ridiculous. Personally, I believe that parole should be eradicated except for truly violent offenders; parole is really a joke anyway, and it has never stopped someone that has the intention of committing new crimes from doing so. You think some parolee is going tell his/her parole officer, “I am going to go use drugs today and burglarize someone.” And, do you think all the cops know every parolee on their beat now? Give me a break.

Let’s talk about parole anyway. What is it? Really, it’s just an extension of your sentence. If you are sentenced to 4 years in prison for possession of drugs (or anything else), it’s really a seven year sentence. You could do all four years, be released and still have three years of parole and if you get violated and sent back you can wind up doing, on the installment plan, 3 more years in prison/jail.

Now, I don’t see parole as particularly difficult (just annoying) if you are really trying to get your shit together, but most people that are released on parole get out with significantly less than they went in with — i.e. no to live, no job, and a worse attitude. Then, they are released to 10% unemployment, have no real job training or life skills, have been tainted by the California Penal System and are ripe to come back. What difference does it make if they get out now or later? They’re all getting out eventually.

When are you Californians going to get tired of spending more on prisons than your kid’s higher education? But this is the progressive state that voted against gay marriage…

Finally, why don’t you seriously consider amending three strikes? There are people that were sentenced to 25 to life for possession of miniscule amounts of drugs and their previous offenses were many, years prior. Guys sentenced to life for stealing a pizza or a bike; that’s a reality.

And you want to reduce prison spending? Legalize drugs. Period.

Editor’s Notes

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I was in the Haight the other day, and saw something that would have made Police Chief George Gascón and Chronicle columnist C.W. Nevius apoplectic. A group of young people, mostly men, were sitting right in the middle of the sidewalk. The scofflaws weren’t blocking my path since I was on Haight and they were a ways up Ashbury. But if I had wanted to walk in that direction, they would have been in the way. Which means they were already breaking the law, and if I’d complained and a cop had come along, they probably would have stood up and walked away. I can’t imagine they would have been arrested. In fact, if a beat officer had been walking Haight Street, they wouldn’t have been sitting there in the first place.

Gascón and Nevius are beating the drums for a “sit-lie” law, which would make it a crime to sit or lie on a public sidewalk. Since young thugs hassling residents, tourists, and shoppers in the Haight have become a problem, the sit-lie thing has legs; it could become this year’s version of Care Not Cash, the utterly bogus but politically catchy slogan that put Gavin Newsom in the Mayor’s Office.

There’s a populist anger about the poor behavior of a relatively small number of losers who are making life difficult for the generally upscale residents of the Haight, and progressives can’t ignore it. Frustration over decades of failed homeless policies made Newsom’s tough-love measure attractive. Explaining that it would never work, that it wasn’t a rational policy response, didn’t get the left anywhere.

That’s what we’re dealing with here. I can tell you, after watching Haight Street and its various generations of problems for more than 25 years, that a sit-lie law won’t solve anything. I can tell you that as soon as an officer approaches the troublemakers sitting on the street, they’ll do what any sane small-time crook would do: they’ll stand up. Then they’ll walk a few blocks away. If it keeps up, they’ll stop sitting down altogether. You can threaten, bully, and hassle people just as easily from a standing position.

And if they do get arrested, they’ll be released quickly (the city’s overcrowded jails, packed to the gills with the folks Gascón has rounded up in his Tenderloin sweeps, has no room for people charged with a minor crime like sitting on the sidewalk). Then they’ll be back.

I can tell you that the cost of arresting, charging, prosecuting, defending, and incarcerating these jerks would be way higher than the cost of having two cops walk up and down Haight Street all day, in uniform — a move that would absolutely solve the problem.

But this isn’t about rationality — it’s about emotion. Gascón has done a brilliant job, with the help of the Chron, of framing this as hard-headed law enforcement against the liberal supervisors.

Sup. Ross Mirkarimi, no fan of street crime, wants a hearing on the issue, to get some rational facts on the table. That’s a good start — but we need an alternative proposal. How about a test: try having two cops walk the beat every day for three months, a visible community policing presence on Haight Street. If that doesn’t work, we can always try something else.

Clouds and mirrors

1

Carl Fisher turned a mosquito-plagued, malarial sandbar into Miami Beach, “The Sun and Fun Capital of The World,” in less than a decade — dredging up sea bottom to build the island paradise, an all-American Las Vegas-by-the- Sea, where Frank Sinatra and Jackie Gleason partied and Richard Nixon received two Republican nominations for president. Art Deco hotels lined the beach, bold as Cadillacs, defiant in the path of hurricanes, their confident Modern lines projecting postwar American power. Morris Lapidus, the architect of the Fontainebleau Hotel, understood that the skin-deep city Fisher conjured out of neon and sunshine was a stage for the leisure fantasies of the ruling class. When his iconic Collins Avenue hotel opened in 1954, Lapidus said he wanted to design a place “where when (people) walk in, they do feel ‘This is what I’ve dreamed of, this is what we saw in the movies.'”

For many years in Miami, that movie was Scarface, as Colombian drug lords shot it out in mall parking lots. A shiny new downtown skyline of banks and condos emerged during a recession economy from the laundered proceeds of drug smuggling. Today the cocaine cowboys have all died, or done their time and moved on. Their descendents are selling art.

Art Basel came to Miami Beach in 2002, and the rise of Miami as an international art world capital neatly coincided with the glory days of the housing bubble. According to Peter Zalewski of Condovulture.com, around 23,000 new condo units were built in and around downtown Miami during the Art Basel era — twice the amount built in the 40 previous years. The success of the international art exhibition has inspired a fever dream among city leaders, in which Miami’s skyline and neighborhoods are radically transformed by art world-related real estate development.

Cesar Pelli’s $461 million, 570,000-square-foot Carnival Center for the Performing Arts opened in 2006 in a moribund section of downtown known for its proximity to the faded 1970s-era mall, the Omni. That same year, the Miami Art Museum (MAM) hired as its new director Terence Riley, the former curator for architecture and design at the New York Museum of Modern Art. Heralded in his new city as “the Robert Moses of the new Miami millennium,” Riley initiated the development of Museum Park. This 29-acre complex would be home to new buildings for the Miami Art Museum and the Miami Museum of Science and Planetarium. It was to be built on the site of Miami’s last public waterfront park, Bicentennial Park, long a sort-of autonomous zone for Miami’s homeless residents. While the new MAM is not scheduled for completion until 2013, by 2007, a 50-floor, 200-unit luxury condo development, 10 Museum Park, had already been finished across the street.

Art Basel Miami Beach brings an estimated 40,000 people to Miami each year to look at art, party, and more important, look at celebrities as they look at art and party. The art fair, once dubbed “the planet’s highest concentration of wealth and talent,” generates an estimated $500 million in art sales each year. Yet while Miami leaders seek to present to the world Basel’s image of wealth and glamour, the iconic image of South Florida today has abruptly become the newly built and entirely empty condo development. Zalewski estimates that 40% of the condo units built since 2003 remain unsold. Florida’s foreclosure rate is the second-highest in the nation, and for the first time since World War II, people are leaving Florida faster than they are arriving. Just months before this year’s Art Basel Miami Beach, a New York Times cover story told of the lone occupant in a towering Broward County condo that had gone entirely into foreclosure. As the fair approached, I wondered: can art really save a city like Miami? Or is its reliance on art world money part of the city’s collapse?

ATLANTIS CITY

At this year’s Art Basel, the glitz was, of course, played down, what with the global economic collapse and Art Basel’s main corporate sponsor, top Swiss bank UBS, now the subject of an FBI probe on charges of helping billionaire clients evade taxes. In the weeks before the opening of the fair, it was announced that the legendary UBS free caviar tent would not be open this year. One could not help but notice that the ice sculptures on the beach itself, hallmarks of the recent boom, were gone, already as fabled as the lost city of Atlantis.

Still, the epic “Arts and Power” issue of Miami magazine hit the stands on time, luxurious full-color spreads on oversize glossy pages. Press from all over the world wrote a month’s worth of previews leading up to the event, and on the day of the VIP vernissage, TV news reporters from all continents were there to dutifully record the arrivals of billionaires, celebrities, and fashion models at the Miami Beach Convention Center. As Art Basel Miami Beach 2009 opened, the floor of the convention center was eerily quiet, with hardly a sound except a hushed, determined whisper a bit like paper money being rubbed together. It seemed to me like everyone was doing her or his part, as if the whole art fair was a sort of performance art piece demonstrating the vigor of the free market in dark times.

This murmur ceased completely, and the air filled with the muted clicking of camera shutters, as Sylvester Stallone passed me on the convention floor. Stallone, too, was stoic, his expression hidden by dark sunglasses at mid-day. He stopped next to me and began to talk to TV news cameras about his own paintings on display, presented by the gallery Gmurzynska. Close-up and in person, clumps of the actor’s face, now just inches from mine, seemed to lay inert and dead like the unfortunate globs of oil paint he had arranged on his own canvasses. Pieces of puffy cheek hung limp and jowly under taut eyebrow skin, Botox and facelifts fighting age for control. For a paparazzi flashbulb moment, I thought I saw in Rambo’s sagging face a metaphor for the doomed efforts to prop up a whole failing way of life.

The Miami Beach Convention Center’s 500,000 square feet had been blocked out into booths and concourses that comprised a pseudo-city of art. As a city, it most resembled some parts of the new Manhattan — crowded yet curiously hollowed out and lifeless, under relentless surveillance, full of nostalgia for its former, more vital self. Groundbreaking art that once had the power to shock, move, or startle — Rauschenberg’s collages, Richard Prince’s Marlboro men, Barbara Krueger’s text block barrages — were presented here as high-priced real estate. In the city of art, time stood still; Matisse, de Kooning, and Duchamp had all retired to the same street. A sailor portrayed in a 2009 life-size portrait by David Hockney seemed to gaze wistfully across the hall toward a 1981 silk-screened print of a dollar sign by Andy Warhol. The life-size portraits by Kehinde Wiley felt just like the city in summer, how the radio of every passing car seems to be blasting the same song. A print of a photo of Warhol and Basquiat together in SoHo stood catty-corner to a 1985 Warhol paining of the text, “Someone Wants To Buy Your Apartment Building.”

I wondered if this city of art offered clues as to the kind of city that developers imagined Miami might become.

ART MAUL

Across Biscayne Bay, away from Miami Beach in the city of Miami, the fever dream of art was turning a down-and-out neighborhood in the poorest city in America into an outdoor art mall. Fifteen satellite art fairs and 60 galleries staged simultaneous exhibitions in Miami during the week of Art Basel Miami Beach. Virtually all this art was crammed into about 80 square blocks north of downtown Miami, bisected by North Miami Avenue. The area included Miami’s African American ghetto, Overtown, the warehouse district of the low rent Puerto Rican neighborhood, Wynwood, and the resurgent Miami Design District up to its shifting borders with Little Haiti.

Walking up North Miami Avenue and Northwest Second Avenue the night before the exhibitions began, I could see the usually moribund main drags transforming before my eyes. Warehouses vacant the other 50 weeks of the year were hastily being turned into galleries or party spaces. Solely for Art Basel week, the Lower East Side hipster bar Max Fish had built an exact replica of its Ludlow Street digs in an Overtown storefront. In Wynwood, the paint still appeared wet on a fresh layer of murals and graffiti running up and down the streets.

The modern-day Carl Fisher most perhaps most responsible for dredging this new art world Miami up from the bottom of the sea is Craig Robins. “I transformed the image of my city from Scarface into Art Deco,” is how Robins put it when I talked to him in the Design District offices of his development firm, Dacra. Widely considered to be the person who brought Art Basel to Miami Beach, Robins is, at a youthful 46, the man who perhaps more than anyone embodies the values and tastes of a new Miami where art and real estate have become as inseparable as fun and sun. Robins takes art seriously — he is a major collector of artists like John Baldessari, Elizabeth Peyton, Rirkrit Tiravanija, and Richard Tuttle — and he made his name and fortune by restoring the derelict Art Deco motels on his native Miami Beach during the early 1990s into the international high-end tourist destination now known as South Beach. Today Robins is one of the principal owners of the warehouses in the Miami Design District and Wynwood.

With his casual dress, shaved head, and stylish Euro glasses, Robins could easily fit in as one of the German tourists who flock to the discos on the South Beach that he developed. His offices offer a rotating display of the works of art in his collection. Around the time of Art Basel, his staff had installed many works by the SoCal conceptual artist John Baldessari, in honor of Baldessari’s upcoming career retrospective at the Tate Gallery in London. Robins was friendly and projected a relaxed cool; when I’d met him on the convention center floor and asked for an interview, he gave me an affectionate shoulder squeeze and said, “Call my assistant and we’ll hang, OK?” A few days later, he grinned somewhat impishly when I sat down said, “I notice you sat in the Martin Bas chair,” as if it was a Rorschach test. Honestly, it was the only piece of furniture in the design collector’s office that looked dependably functional.

Not surprisingly, Robins was adept at explaining the art theory behind his development projects, and the ways Dacra is bringing art, design, and real estate together “to make Miami a brand name.” He said he learned from the successful preservation of historic buildings in his South Beach projects that consumers were starting to reject the cookie-cutter commodities of the mall and “starting to value unique experiences” made from “a combination of permanent and temporary things.” On the streets of the Design District and Wynwood, Robins sought to bring together restaurants, fashion showrooms, and high-end retail stores, surrounded by parties, international art shows, and public art. “This gives a richness to the experience of Miami,” Robins said. “That is the content that Miami is evolving toward right now.” I thought of Lapidus, the Godfather of Art Deco, and his quote about the Fontainebleau: In Wynwood, Robins wanted to turn not just a hotel lobby but an entire neighborhood into a place where visitors feel they have entered a movie.

Robins grew more excited as he discussed his vision. “With my work at Dacra, I build communities,” he told me. “When we brought Art Basel here, Miami immediately became recognized as a world-class city.”

Others are skeptical. “Miami will always be an attractive place for people to visit in December, but you can’t graft culture onto a city,” says Alan Farago of the widely read blog Eye On Miami. “It’s a mistaken belief that art can be a totem or a symbol of a great city without there being any substance. Miami will continue to be a pretender because there is no investment in local culture beyond building massive edifices like the Performing Arts Center.”

Indeed, the center — now renamed the Adrienne Arsht Performing Arts Center, in honor of a wealthy benefactor — has become perhaps another in a long line of tragicomic failed improvements for the area. Bunker-like, it has been likened by some architecture critics to an upside-down Jacuzzi. Though 20 years in the making and long heralded by boosters as a building that would instantly make Miami a “world-class city,” the center has operated at a deficit and suffered from poor attendance since its opening. The future of Museum Park suddenly turned cloudy a month before the opening of this year’s Art Basel, when Miami Art Museum director Terrence Riley unexpectedly resigned days after unveiling the architects Herzog and de Meuron’s final model for the new buildings. Riley sited a desire to return to private practice as an architect, but online speculation had it that he already knew cash-strapped Miami would ultimately be unable to raise the money to build the museum.

Farago wonders what would change if the city did have the money. “In Miami on one hand, we have public school teachers using their own salaries to buy art supplies for their students,” he says. “Then we have these one-off art events and a performing arts center that brings us road shows of Rent, Annie, and 101 Dalmatians.”

When I asked Robins what lasting benefits Art Basel provided to the community, he cited a roster of new restaurants opened by star chefs and fashion showrooms. “It encourages people to come down here year-round,” he said. It was clear that Robins was discussing amenities designed for tourists, or for a speculative community of future residents who might be enticed to come to Miami.

I suggested that there were actually two different communities in Wynwood with potentially opposing interests. I told Robins I’d attended a community meeting held by the activist groups Power University and the Miami Workers Center. There, Wynwood residents discussed how their rents had doubled, how the city continued to neglect the facilities at Roberto Clemente Park, and how the increased presence of police escorting the art patrons to the new galleries had made them feel like they didn’t belong in their own neighborhood.

Robins, who had been very loose and calm during the first 45 minutes of our talk, became visibly upset. He launched into a sustained rant. “Well, look, active communities are a good thing,” he said, shaking his head. “But just because a community is active doesn’t mean it is rational. You go and sit in these meetings and half the people are nuts. Half are just there because they are miserable people and they have some soapbox to go and rant about all these things that they think they have some entitlement to attack government about when they never do anything themselves for anyone. I find that 20 percent of these people are totally irrational, mean-spirited people who would never agree with anyone about anything good.”

“What kind of people do you mean?” I asked.

“People who feel disenfranchised! They’re very angry. They have psychological problems and they want a forum to vent. I’m not implying we should stifle democracy — I’m a big believer in it! I’m saying these people should not be taken seriously by enlightened people!”

Robins rose to look at a clock on his desk. Not surprisingly, our time was up. I politely excused myself to the restroom. When I returned it was like no tantrum had ever happened. Robins’ impish grin even returned as I asked him to pose for a photo in front of one of his Baldessari prints. I had him stand in front of Cigar Smoke to Match Clouds That are Different (By Sight/ First Version), a 1972-3 triptych of photos. As the artist looks into a mirror at clouds over his shoulder in the sky, he blows out a mouthful of twisting cigar smoke, trying to match their elusive shape in the air.

GIMME DANGER

Out on the streets of Wynwood, it was still mostly quiet, expectant, but the scene at David Lynch’s art opening gave one a sense of what the coming weekend would be like. Lynch was presenting photos from a book of staged stills he is releasing with a CD of music by Danger Mouse. Hundreds of hipsters, mostly locals, guzzled free booze and gawked when new Miami resident Iggy Pop showed up, shirtless as usual, in a Miami Vice-style blue blazer. As I watched the Godfather of Punk pose for pictures with his arm around Danger Mouse, I thought of the city of art, the Jackson Pollacks and Donald Judds together at last, on the convention center floor. I had the eerie feeling that the Internet had come to life.

I left the opening and walked at random through the streets of Wynwood at 2:00 a.m. While looking at murals and thinking about the changes Art Basel had wrought, I unexpectedly came upon a small street party of people I knew. The side street intersection was lit up like a stage with an enormous floodlight. Street artist SWOON stood high on a scissor lift, painting a mural on a warehouse wall, while below a couple of kids dressed like old tramps wrestled with a big, brown stuffed bear.

The bear split open, and thousands of tiny white particles of stuffing poured out into a warm Miami breeze, swirling high into the air and reflecting the glow from the floodlight. I ran to join the kids, who were now playing and laughing in the sudden snowstorm. A guy I recognized from Brooklyn rode by on a tall bike. Bay Area artist Monica Canilao went careening by on a scooter with no helmet. A cop drove by and smiled and waved. Guys from Overtown with cornrows and gold teeth were laying out a spread of huge chicken legs on a flaming grill. Some punk kids from Brooklyn sat on the curb, drinking beer. A girl in the group laid her head on a boy’s shoulder as they all watched SWOON work.

For a second, I flashed back to the Stallone scene earlier in the day, back on the convention floor. Here, in this intersection, I had found something living and breathing. This could be the real city of art. But I also knew the SWOON mural was commissioned by Jeffrey Deitch. I stood and watched the painting and the dancing and laughing and eating in the fake December snowstorm and contemplated what the city would be like if we all had the free time, resources, and permission to take to the streets and transform the city any way we pleased. Was this a window to a different world where anything might be possible?

Or was it just art?

The second half of this essay will run in the Jan. 27 Guardian. *

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Mirkarimi’s mandatory foot patrols ballot measure

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Text by Sarah Phelan

Mirkarimi.jpg

Sup. Ross Mirkarimi, along with Sups. Eric Mar, David Chiu, John Avalos and David Campos, submitted a ballot initiative today that asks voters to require the San Francisco Police Department to implement community-based foot/ beat and MUNI patrols.

The legislation would require the Captain of each district police station, in consultation with neighbors, merchants and community stakeholders, to establish and assign officers to foot/beat patrols within their station’s
jurisdiction.

The measure would also require station commanders to coordinate with adjacent stations for the efficient policing of distressed MUNI lines.

“Foot/beat patrols work very well in deterring crime and building trust with the community – it’s proven throughout the United States,” Mirkarimi said in a press release. “Walking or bicycling police beats or riding Muni should not be a luxury for the one of the best funded per capita police departments in the nation.”

The measure, Mirkarimi said, would provide substantial discretion to the SFPD command staff and the City’s district stations to define and modify beats in response to crime statistics, community input and evolving realities on the street.

Mirkarimi also submittied a hearing request on the implementation of an “Anti-Sit/Lie” law.

“There has been a great deal of misinformation on how this law works – completely absent from the public
discussion is both the District Attorney and City Attorney to substantiate any of the presumed effects,” Mirkarimi stated. “There are questions that remain unanswered as to why current anti-loitering and
nuisance laws aren’t being enforced.”

Herrera defends CCA against attacks

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By Rebecca Bowe

San Francisco City Attorney Dennis Herrera filed a petition with the California Public Utilities Commission today urging it to restrict Pacific Gas & Electric Co.’s hostile attacks against Community Choice Aggregation (CCA), a program that allows local governments to establish alternative power programs.

The petition asks the CPUC to modify one of its decisions by inserting clear language spelling out that that investor-owned utilities are prohibited from sending out anti-CCA marketing materials, making misleading statements, or engaging in other activities that interfere with the creation of these alternative energy programs.

San Francisco’s CCA, dubbed CleanPower SF, is in the phase of reviewing five different applications from prospective electricity service providers. The goal of the program is to offer San Franciscans electricity derived from 51 percent renewable sources by 2017 at rates that match or beat PG&E prices. Contract negotiations with the highest-scoring candidate could begin as early as next month.

PG&E initially supported to the 2002 legislation, AB 117, which enabled the creation of CCAs statewide and prohibited utilities from interfering with efforts to set them up. But in recent months, California’s largest utility has made a complete turnaround, spending $5 million on a proposed ballot initiative that would require a two-thirds majority vote in local jurisdictions before governments could implement CCAs.

As Marin County and San Francisco move forward with their respective attempts to set up greener alternatives to PG&E, the pressure is intensifying. Several weeks ago, a wave of attack mailers paid for by PG&E crashed into San Francisco homes and businesses. This is the sort of activity Herrera is seeking to prevent by filing today’s petition with the CPUC. Because the city is short on time, he requested an expedited review.

“We cannot let Californians be denied the benefits of cleaner, cost-effective energy alternatives — consumer choice is simply too important to ratepayers and the environment,” Herrera said. “The California Public Utilities Commission exists to police giant utilities, to assure that their monopoly advantages aren’t abused to exploit consumers or frustrate the policy objectives of our state lawmakers. Yet that is exactly what has happened since PG&E locked CCA into its crosshairs. It is critical for state regulators to move quickly and decisively to tighten regulations, and restore teeth to the law as the legislature intended.”

The SF Weekly still gets it wrong

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By Tim Redmond

I found it somewhat amusing that the SF Weekly’s writers, Benjamin Wachs and Joe Eskenazi, were really worried about whether we would be “professional” in responding to an inaccurate story about city finance:

We appreciate that the Guardian was kind enough to send us its letter prior to running its article, likely this week. Communications from the paper’s reporter have been thoughtful and professional — so we hold out hope that this may be an article that could do more than simply obscure San Francisco’s gaping weaknesses with analytical smokescreens. On the other hand, it may yet be a hit piece written for the benefit of the city political bodies the Guardian openly aligns itself with and shills for — and who are responsible for some of the misgovernment highlighted in our story

And then go on to respond to us with a piece that’s mostly snark – snark being the refuge of reporters who don’t really have facts to lean on.

I’m going on KQED’s Forum show Friday morning to debate the Weekly guys about this, which will be fun, but in the meantime I have to set something straight.

From the Weekly story:

The Guardian gets to break its own rules and compare San Francisco’s budget to L.A.’s and Chicago’s by “add[ing] to the L.A. and Chicago city budgets a percentage of the L.A. County and Cook County spending equal to each city’s percentage of the county population.”

This would make perfect sense — if it didn’t make no goddamn sense. You can’t just determine overlapping city and county budgets via long division; cities are cities and counties are counties because they have differing, separate services. L.A. City and County each have their own Departments of Public Works, Building Inspection Departments, road crews, parks departments, you name it. Cities pay for their own services because they usually don’t use the counties’. Simply adding a lump sum of county costs on to city costs makes about as much sense as multiplying the city numbers by Planck’s Constant.

Whoa – Planck’s Constant. Dude – you musta gone to college or something.

The fact is that you not only CAN compare SF to Los Angeles and Chicago by accounting for both city and county spending – you HAVE TO.

A little lesson in public finance here, since that’s one college class the Weekly boys apparently slept through.

Most communities in the U.S. have four basic levels of government – federal, state, county, and city (or township, or town). Some have even more (village etc.) and some have fewer (Connecticut abolished county-level government many years ago). And there are special districts, like BART and AC Transit and school districts and mosquito abatement districts and lots more.

But for this particular argument, we’re looking at state, county and city government. That’s what you get in California.

The counties, as operating arms of the state, provide many, many services – expensive services – to people who live in cities. In Los Angeles, for example, there’s a city police department that handles law enforcement. But after someone’s arrested by the LAPD, the COUNTY district attorney, the COUNTY public defender, and the COUNTY courts system take over. And if the perp is guilty, the COUNTY sheriff takes custody (or else the state does).

Los Angeles COUNTY provides much of the welfare money for poor residents of Los Angeles CITY. Los Angeles COUNTY runs the system that counts the ballots for Los Angeles CITY elections.

You get the point.

So if you want to compare spending in the city of Los Angeles to spending in the CITY AND COUNTY of San Francisco, you have to either (a) eliminate all of the functions that count as county services in San Francisco or (b) much simpler, estimate what percentage of the L.A. county budget goes to services in L.A. city.

We took a rational approach – take the population of L.A. city and the population of L.A. County, and apportion to L.A. city a percentage of the county budget equivalent to the proportion of county residents who live in the city. That’s probably a low estimate of county spending in L.A. city, since more of the crime and welfare needs of the county are situated in that one city than in any other part of the vast county.

But whatever, we’ll take the lowball number.

Not magic, not physics, not chemistry, just basic common-sense and a basic understanding of how finance works in American cities.

Is this perfect? No. What you really need to do is analyze exactly how much government money – state, federal, city, county, special district etc. – is spent in every city you want to compare. That’s a bigger task than either the Weekly or the Guardian has taken on so far.

And I admit – we may be wrong by a few percent one way or the other. But we aren’t the ones trying to claim that the city spends vastly more money than anyone else who compares to us.

Oh, and as for this:

On the other hand, it may yet be a hit piece written for the benefit of the city political bodies the Guardian openly aligns itself with and shills for — and who are responsible for some of the misgovernment highlighted in our story

Let me point out that most of the problems the Weekly points to are management issues that properly belong in the office of the Mayor of San Francisco.

And I don’t know in what possible universe – other than a Weekly hallucination – anyone could argue that Gavin Newsom is someone the Guardian is, or has ever been, aligned with.

New year, same struggle for hotel workers

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By Caitlin Donohue

hilton 2 0110.jpg
Hotel workers and their allies block Geary St. traffic last night to announce their boycott of the SF Hilton. Photo by Erik Anderson

Over 1,400 union members and community supporters assembled downtown last night to protest management’s role in contract negotiations with the hotel workers’ union, Unite Here! Local 2. Police arrested 140 activists for their peaceful protest, which blocked traffic on Geary for hours in the blocks surrounding the Hilton San Francisco. The hotel was targeted to announce its addition to a boycott list that now includes seven businesses. Shouts of “when they say ‘cut back,’ we say ‘fight back’!” sounded through the city streets as the sign-toting protesters marched a picket line in front the hotel, symbolic of a struggle whose implications in the labor movement reach well beyond the 9,000 San Franciscan members of Local 2.

Before the rally began, Local 2 member Ringo Mak saw the show of support encouraging. “This shows San Francisco is still a union town!” he said. Mak, a 20-year waiter at the Hilton and member of his union’s bargaining team, was heartened by the numbers turned out by supporters- especially for what it meant in terms of the fight hotel workers had ahead of them. “This is our first action of 2010,” he said, “and it’s a great way to show the Hilton that we’re not giving up.”

The truth about San Francisco’s budget

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“San Francisco,” SF Weekly recently proclaimed, “is arguably the worst-run big city in America.” That’s a hell of a claim — the levels of corruption and mismanagement in urban America are legendary. But the Weekly’s Benjamin Wachs and Joe Eskenazi set out to prove their case — with a series of mostly anecdotal points that looked at the usual targets: Nonprofits. Unions. And one senior Newsom administration staffer who pretty much everyone agrees was a horrible manager.

We were tempted to just let it go. Sure, there’s plenty of incompetence and waste in the Newsom administration. There’s a need for more accountability in some of the nonprofits that get city money. The police union got too big a raise in 2007.

That pattern also exists in a lot of other big cities. You wanna make a big headline by claiming SF is the very worst? Whatever.
But the heart of the Weekly’s factual analysis was a chart that purports to show that San Francisco spends vastly more per capita than other “comparable” cities. That’s a claim we hear all the time, one that the more conservative political forces constantly use to argue against higher taxes (and in favor of big spending cuts).

So it’s worth exploring a little further. Because when you look at all the facts, the Weekly analysis is just wrong.

Comparing cities is a complex task — urban areas in America are governed in very different ways. You can’t, for example, compare San Francisco to any other city in California because San Francisco is the only combined city and county. Get arrested in Berkeley, and the Alameda County sheriff locks you up, the Alameda County district attorney prosecutes you, the Alameda County public defender takes your case, and the Alameda County courts adjudicate it. And if you win, you ride home on AC Transit — a separate system that isn’t in the budget of either the city or the county.

In San Francisco, all those things are in the same city budget.

But Wachs and Eskenazi decided to get beyond that. “Any time someone tries to point out that San Francisco has serious systemic problems, the response (from the Mayor’s Office, from city bureaucrats, and sometimes even from city activists) is that ‘San Francisco is both a city and a county,’ as if that explained everything,” Wachs told us in an e-mail. “So the comparison was already being made as part of the city’s defense: San Francisco is a city-county, and what appear to be systemic problems are actually just features of being a city-county.

“We proved that isn’t the case: San Francisco’s per capita spending is significantly out of line even when compared to other large city-counties.”
Actually, it’s more than just the city-county distinction. The large cities-counties SF Weekly chose are so dramatically different in the services they do — and don’t — provide that the comparison comes close to being meaningless. Ken Bruce, a partner in the Harvey Rose Accountancy Firm, which serves as San Francisco’s budget analyst and does similar work in other cities, is no fan of wasteful spending. But he told us he wasn’t impressed with the Weekly chart: “I have yet to see a rigorous analysis done comparing San Francisco to other cities,” he said.

And the way the Weekly added up the numbers was, at best, misleading.

For starters, San Francisco runs (and includes in its city budget) an airport, port, public transit system, county hospital, and skilled nursing facility (Laguna Honda), for a total of more than $2 billion. None of the comparison cities do all those things. Or rather, some do those same things — but they aren’t in the local budget.

In Philadelphia, for example, the public transit system is a regional agency. Philly chips in $63 million from its general fund to help the Southeast Pennsylvania Transit Authority (SEPTA). SF pays almost three times that much to run its own Muni, because the overhead costs are included in the local budget. Philly taxpayers spend much more than $63 million on SEPTA — it just comes out of a different budget and funding stream, so it isn’t in the figures the Weekly used. Denver’s transit system is regional too, and thus not in the city-county budget.

In Indianapolis, the city transit system, Indygo, is far less complicated than ours. Jenny Brown, a spokesperson for Indygo, told us she was amazed her city was being compared to San Francisco: “Our transit system is not in the same league as yours,” she said.

Philadelphia also does not pay for a county hospital or include its port or airport in its budget. Neither does Denver.

There’s also a difference in most municipalities between the general fund (locally allocated spending) and the total budget, which includes federal and state money, self-sustaining departments, etc. In Philadelphia that’s a big distinction — more than $3 billion a year — but the Weekly compared Philly’s general fund to SF’s total budget (something Wachs admitted to us was his mistake).

So we took this a step further. First, in Chart A, we compare apples to apples — general funds to general funds. It turns out SF and Philly are relatively close in per capita spending. Then we adjusted the budgets to account for the fact that SF includes in its budget a lot of services other cities and counties budget somewhere else. That makes all the comparison cities a lot closer.

But can you really compare San Francisco — with its diverse and complex population and urban problems — to Indianapolis or Nashville? Even Denver? If even the folks in Indianapolis think that’s kind of bogus, we figured we could do better. So we set out to find some cities that make a more fair comparison. We included Philadelphia, but added Los Angeles and Chicago (New York, by the way, is so big, so complex, and has so many counties, boroughs, and budget items, that it’s not fair to compare that city to any other — even though is would help our case). To account for the city-county issue, we added to the L.A. and Chicago city budgets a percentage of the L.A. County and Cook County, Ill. spending equal to each city’s percentage of the county population. (Not a perfect yardstick, but pretty close).

As Chart C shows, all four big cities are within about 30 percent of each other in terms of per capita spending.

But there’s another big factor — cost of living. The vast majority of the budgets of these cities goes to employee pay and benefits — and it stands to reason that a city with a higher cost of living would have to pay its employees more. And San Francisco has by far the highest cost of living (according to the latest figures from the Council for Community and Economic Research’s ACCRA Cost of Living Index) of all the cities in this chart.

So we adjusted per capita spending by the cost of living index (SF = 169, L.A. 145.4; Philadelphia, 124.1; and Chicago, 110.8) and discovered that in fact all four big cities spend roughly the same per capita — although San Francisco spends the least.

So is San Francisco a service-rich city (like L.A., Philadelphia, and Chicago)? Absolutely. Is SF’s spending far out of whack with what other similar municipalities spend? No, not at all. All things considered, it’s a little low.

PS: The Weekly spent much of its article attacking the lack of accountability in the city’s $500 million’ worth of nonprofit spending. That’s a huge issue, but oddly, the Weekly didn’t quote a single person who supports the system San Francisco uses to distribute services through nonprofits.

We’ve been critical of many individual nonprofits, and some are over-funded, wasteful, and of dubious value. But overall, as labor activist Robert Haaland told us: “The fact that an individual nonprofit isn’t performing up to standard doesn’t mean that the services aren’t needed.”

And there are many who say the San Francisco model is, in fact, a national standard. Margaret Brodkin, former director of the Mayor’s Office for Children, Youth, and Families, helped develop the current system of nonprofit accountability in that office. She has been invited to speak all over the country about the standards and data system they developed. “Others have replicated the data system we had in place. It’s held up as a national model, the data system as well as the standards,” she explained.

So it’s not so simple — and to use a few anecdotes and some inaccurate and misleading figures to call San Francisco the worst managed city in the nation is, well, a bit of a stretch. To say the least.

Is SF spending too much money?

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By Tim Redmond

When the SF Weekly ran its cover story a couple of weeks ago calling San Francisco “the worst-run big city in the U.S.” my first thought was to ignore it. That kind of claim is meaningless; it’s just a flashy headline, and the story didn’t back it up with much more than a few examples of bad management of the sort that occur in cities all over.

So what makes San Francisco “the worst?” Well, part of it, said the Weekly, is the fact that SF spends more money per capita than any comparable city and county. In fact, according to a chart the Weekly included in its story, SF spends more than twice as much per capita as Philadelphia (which is actually a comparable city, with big-city problems and a fairly rich service mix) and spends more than four times as much as Indianapolis (which isn’t comparable for a lot of reasons).

But the minute I started paying attention to that chart, I knew there was something really wrong. Melanie Ruiz and I spent some time checking it out, and we found that the “comparisons” are somewhere between misleading and totally bogus.

Here’s what we found.

What’s important here is that it’s really hard to compare any two cities in America on this level. Cities are organized in so many different ways, and their budgets are set up so differently, that any direct comparison is going to look like apples to oranges.

For example, Philadelphia and San Francisco both have extensive, costly public transportation systems. Taxpayers in both cities underwrite those systems. But in Philly, the system, known as the Southeast Pennsylvania Transit Authority, is a distinct agency (like BART is out here); the city and county of Philadelphia contributes $63 million a year to its operations, but the major overhead costs are outside of the city budget.

There’s an airport in Philly, too. It’s expensive to run, just as SFO is expensive to run. It mostly pays for itself through landing fees, just as SFO does. In San Francisco, the cost of the airport (which takes no taxpayer money) is included in the city budget; in Philly, it’s not.

People in Philly who get sick and have no insurance don’t die in the streets – but that city and county doesn’t fund a public hospital the way SF does.

In fact, San Francisco’s budget includes just about everything that any city offers. It’s not that this city provides services nobody else does (well, we do, but that doesn’t explain the budget differences entirely). It’s that other cities and counties don’t include those services in their budgets.

Now, the folks at the Weekly, who criticized our story before it was even out, argue that

Yes, our city pays for things others don’t — but, then, other cities have to maintain aging infrastructure weakened by extreme heat and cold. Other cities have to keep up municipal vehicles ravaged by salt. Other cities have to shovel snow. Other cities have miles and miles more pothole-filled streets to look after. Other cities’ Sheriff’s Departments have many more responsibilities than San Francisco’s. Other cities have police forces larger than several European nations’ standing armies and security costs that dwarf this city’s.

All of which is true – and makes the point that you can’t do exact comparisons without doing a whole lot more work than the Weekly did on its chart.

But most of those items are million-dollar items – shoveling snow costs Denver, for example, millions a year – but not hundreds of millions or billions. Same for filling potholes. (Most cities don’t have Sheriff’s Departments, by the way – that’s a county function – and the county sheriffs who do more work are policing unincorporated areas. And the only city with that massive police force is New York, which is so unusual that it’s hard to compare it to any other American city.)

But the bottom line is, those are (comparatively) small-ticket items. The items that make a city budget seem huge are the departments and programs that run in the multiple hundreds of millions of dollars, and those tend to be things like public hospitals, transit systems, and airports. In SF, they account for more than $2 billion a year – and because of the way this city is set up, all of that goes in the same $6.5 billion budget.

We tried several ways to make a better comparison, which you can see here (pdf)

We compared general funds to general funds (something the Weekly got wrong). We deflated the SF budget by taking out those big-ticket items that other cities don’t include in their budgets. We tried to find cities more comparable to SF – big cities with big-city problems and services – and we tried to adjust those budgets to account for the fact that some of those cities get extensive services that are paid out of separate county budgets.

And we did something else: We took into account the cost of living. The vast majority of what the city budget (here and elsewhere) goes for is salaries of city workers. It costs a lot more to live here, so we pay our workers better. There are plenty of academic studies that look at comparable costs of living in cities; we used a generally accepted one.

And when we were done with all of this we came to the conclusion that SF doesn’t spend more than comparable cities; it’s really about the same.

Now that’s probably unfair to San Francisco (and Los Angeles). We’re in California, where the state doesn’t spend as much per capita on programs that aid cities as other states do. Yes, the state has a budget of more than $100 million dollars, but 40 percent of that goes for education – and in many other states, local property taxes pay for much of the cost of public schools. In California, thanks to Prop. 13, local property taxes are inadequate to provide decent public schools, so the state has taken up the burden.

When you take that factor out of the state budget, and compare California to other states, the per-capita spending is pretty low.

Our comparisons aren’t perfect. There are other cities to look at, other line items to examine, other methods of comparing that are also valid. The folks who read this blog (and the folks at the Weekly) will no doubt argue with our methods, and I bet somewhere in there we made some mistakes. But overall, I think our approach is more accurate.

People who live in cities typically pay taxes to several levels of government – the feds, the state, special districts (like BART), school districts (except in California), counties and the cities themselves. I would argue that San Franciscans probably pay less per capita than the residents of many other cities (certainly less as a percentage of their income). We just pay it all into one big pot.

That’s why the SF Weekly chart was so misleading. And why this kind of argument shouldn’t be used to say that San Francisco spends too much money on government.

I’m not going to argue that local government is perfect, or that it’s free or corruption and waste. There’s a lot of waste in San Francisco (does the mayor really need five press aides?) and plenty of inefficient spending.

But overall, it’s not a whole lot worse than other cities. That’s my conclusion.

Upper Cache Creek

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Rating: C

Located somewhat further from the bridge, Upper Cache is a little more “private” than nearby Lower Cache Creek Beach, which is downstream and described above.Tip: hike up the creek from Lower Cache for several minutes until you come upon some skinny-dippers.

Legal status:

Private property marked with “Do Not Trespass” signs.

How to find it:

Follow directions to Lower Cache Creek (see above), but walk a short distance upstream to the clothing-optional area. The beach usually draws fewer visitors than Lower Cache.

The beach:

Usually has a little less sand than Lower Cache.

The crowd:

Nudity evaporates on weekends, but a few skinny-dippers visit on weekdays. If you come during the week, it’s likely you’ll be the only person present.

Problems:

Not much weekend nude use; less sand than at Lower Cache; Do Not Trespass signs; visits by police.

Rio Del Mar Beach

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Rating: C

While nudity isn’t officially permitted at a string of four beaches that begin at Rio Del Mar, near Aptos, and continue through southern Santa Cruz County and northern Monterey County, it occurs anyway, usually in the sand dunes, when both families and rangers are not present. If you see a ranger or lifeguard approaching, put on your suit right away. “Most of the nudists are gay men, though straight folks also sunbathe without swimsuits at Rio Del Mar,” says a reader. “The state police who patrol Manresa do drive beyond their assigned borders and down to this beach, but they’ve never bothered me.” 

Legal status: Unknown.

How to find it:

Look for the beach .8 of a mile north of Manresa State Beach and 2.1 miles south of Aptos Beach State Park, just south of Aptos. Take Highway 1 to the Rio del Mar exit. Go all the way to the coast (about a mile or two), then turn left (south) on Sumner Avenue. Follow Sumner, continuing past Seascape Boulevard, for about two miles until it ends. The nude beach is just south of the Seascape condominiums and inn. Park near the end of the road, walk toward the condos, cross over the train tracks, and follow a nearby wooden staircase down to a path leading through greenery to the sand. Or, at the end of the road, look for a security fence over a gully and take either of the well-worn trails on each side of the fence to the dunes near the gully. The nude area is about 800 feet south of where you’ll enter the beach.

The beach:

Sand, dunes, and grassy knolls. Nudists usually stick to the dune areas.

The crowd:

“I feel very safe here because of the family beaches on both sides and also because of the people walking by regularly,” says a visitor.

Problems:

Unknown legal status; rangers; proximity to condos.

Best of the Bay 2009: Sex and Romance

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Editors Picks: Sex and Romance

BEST FAIR THAT’S UP YOURS

While the Folsom Street Fair has grown into an international destination for kinksters and the tourists who ogle them, the Up Your Alley Fair has become increasingly important as a more intimate oasis for local leatherheads who remember the scene’s old days. The fair — better known as Dore Alley Fair, though the event was named when it started in 1985 on a different street — has brought much-needed attention to the oft-overlooked SoMa neighborhood. We love the organization’s dedication to supporting groups and charities like the Episcopal Community Services, AIDS Emergency Fund, and Transgender Law Center. What we don’t love is that this event may be the next target on the Police Department’s Death of Fun Crusade. Show your support this year so that Up Your Alley doesn’t go the way of Castro Halloween.

Last Sunday in July, Dore Alley, between Folsom and Howard. www.folsomstreetevents.org/alley

BEST SEX AND SERVICE

Having sex doesn’t take much: a partner (or not), a place, a modicum of desire. But feeling sexy isn’t always so easy — especially if you’re in a relationship that has reached the sweatpants, TV–dinner, oral-sex-what? stage. Enter Intima Girl, the Marina’s boudoir of a boutique. The small, upscale shop stocks a variety of items meant to up the ante in the bedroom, from sex toys to lotions to lingerie, most geared toward girls (and their partners) who want a little class in their kink. Think sleek vibrators, high-end candles, silk bondage ropes, and sex books that could sit on your coffee table. But Intima Girl doesn’t skimp on the fun. Adventurous types can head home with an edible candy bra, assless panties, and metallic condom compacts for stylish safe-sex on the go. Best of all, the owner and staff are as knowledgeable, friendly, and helpful as you always wished your big sister would be.

3047 Fillmore, SF. (415) 563-1202, www.intima-online.com

BEST SMOKE GETS IN YOUR EYES

Dim, crimson lighting. The Stones on the sound system. Attractive youngsomethings lounging languidly on plush couches. And there, across the room, a tall, lean brunette, sipping a PBR, staring through the haze. Will Amber, the worker-owned watering hole with stiff drinks and legal cigarette smoking (thanks to labor law loopholes), be the setting of your “How We Met” story? Are those the tears of love at first sight? If you’re not a smoker, your eyes might just be irritated or you might be frustrated knowing tonight’s bar clothes will smell when you wear them to work tomorrow. But for those brave (stupid? nah) few who still toke the tobacco stick, this Duboce Triangle destination is a sexy, sultry, smoky oasis in a world that’s become increasingly cold (literally) to the dwindling minority. Just for this moment, in this beautiful bar out of time, nothing exists but you and your beloved. Not work. Not cancer. Maybe not even a future for your relationship. But what does it matter? Since the first release of studies on the dangers of smoking, people who continue to puff have lived in the here and now. And at Amber, there’s no better place to be now than here.

718 14th St., SF. (415) 626-7827

BEST WEDDING SINGERS WHO AREN’T ADAM SANDLER

You’re getting married to the love of your life, and every member of your extended families will be in attendance, including your Aunt Jolene, who lives in an RV in the Nevada desert and talks to inanimate objects, and your future spouse’s Harvard-educated litter, all flying in from Martha’s Vineyard. How are you going to pick a wedding band that will get everyone — from your lumpy litigator father-in-law-to-be to your own Crazy Uncle Cletus — on their feet dancing? Tainted Love, the best ’80s tribute band since The Wedding Singer, is the answer. This talented seven-piece act regularly draws sold-out crowds to venues like Bimbo’s and Red Devil Lounge, while also happily playing private parties, corporate events, and, yes, weddings. Now that ’80s music is almost the golden oldies, you can count on the fact that Love’s renditions of “Purple Rain,” “Sweet Child o’ Mine,” and, of course, “White Wedding” will appeal to all the guests on your list — no matter how far they traveled (or how much they put in for the ceremony).

(510) 655-7926, www.taintedlove.com

BEST COCK RING FOR THE CREATIVE CLASS

What’s wrong with loving a product for its design? That’s really why Apple fanatics love all things “i.” And that’s why we lust after sex toys from Jimmyjane, the Potrero Hill pleasure purveyors whose vibes, games, and accessories would look as natural in a museum gift shop as they would in your minimalist, modern bedroom. The Form 6 vibrator looks like a cross between a stylized pen and a high-end electric toothbrush, while the Little Chromas model has the sleek grace of a bullet, or a small cigar (we refuse to make that joke). And Jimmyjane’s Usual Suspects line is nothing short of inspired — celebrating both form and function by interpreting classic toys, in flawless white. Yes, the company does seem to cater to Audi drivers and iPhone users — collaborating on expensive special editions with well-known designers and bragging about appearances on cable TV shows. But we can’t argue with the nontoxic materials and the unprecedented one-year warranty. And the fact that they just look so cool.

www.jimmyjane.com. Available at Good Vibrations, various locations. www.goodvibrations.com

BEST QUEER PORN

The problem with mainstream porn is that most of it is made in the San Fernando Valley by brainless douche bags and lazy ex-cheerleaders looking for a quick buck. But this is San Francisco. This is the art capital of the world, the home of the free thinker, the land of the awesome. Can’t we get some porn made for us? Yes, we can! Yes, we can! If you’re as sick of Barbie Doll smut as we are, then you should know about local filmmaker-producer-writer-artist Courtney Trouble. Trouble is the founder of a queer porn site called Nofauxxx.com (“queer” as in not just homo, but alternative as well). She’s the final word when it comes to smut with attitude, character, and soul. Not only is No Fauxxx the oldest running queer porn site on the Internet, it’s also the only spot that mixes alt, gay, lesbian, straight, trans, kink, and BBW content. It’s sexy, artsy, entertaining, all-inclusive, and totally DIY. In a word: ours.

www.nofauxxx.com

BEST CONTEST FOR WANKERS

The Masturbate-a-thon is an annual pledge drive for the Center for Sex and Culture during which people gang up in a hot and sweaty room to watch each other jerk off for an entire day. Sounds like fun, right? But what if you’re not an exhibitionist? No worries. The whole show (held in May, which is Masturbation Month) is broadcast live on the Internet so that shy people can join in too. Categories include “Most Money Raised,” “Most Orgasms,” and “Longest Squirt,” and the winners in each division receive sexy prizes from Good Vibrations (and perhaps a lifetime of wishing Google and YouTube were never invented). Score! Exhibitionists, porn addicts, and the rest of us are encouraged to ogle, vote, and even participate alongside certified wank-masters such as Dr. Carol Queen, Fellatio Brown, and Masanobu Sato, a Japanese toymaker who holds the world record for “Longest Time Spent Masturbating” (to be fair, it should be noted that his company, Tenga, makes masturbation cups for men). The time to beat next year is nine hours and 58 minutes, so fire up Fleshbot.com now and start practicing. You can be sure that’s what Masanobu is doing.

www.masturbate-a-thon.com

BEST PLACE TO PARK WITH YOUR PARAMOUR

The place where Broadway meets Lyon and dead-ends into the edge of the Presidio is almost always empty. Here, the steep angle of the land affords swoon-inducing vistas of the Marina, the Palace of Fine Arts, and the bay, and tranquility hovers amid the perfectly manicured gardens and the improbably large and ornate houses to which they are attached. The drawback? If you’re not in the mood for a workout on the Lyon steps, there’s not really anything to do here except park, which, if you’ve brought an attractive friend along for the ride, is no drawback at all. If there’s an ounce of chemistry, the solitude and stunning view will have you two making out in the backseat of your car. In fact, come here with someone for whom you have feelings that run deeper than lust, and you may just be inspired to make things official. There are few better spectacular, proposal-inducing viewpoints in our spectacular, proposal-inducing city that haven’t been completely co-opted by tourists. Relationship-phobes and impulsive romantics, consider yourself forewarned.

Broadway at Lyon

BEST TASSELS WITH TALENT

Burlesque is bawdy. It’s lowbrow. It’s often political, and always boundary- pushing. But sexy? Not necessarily. As the new burlesque movement merges with circus and performance arts, it sometimes sacrifices the delight of the tease in favor of mere shock and awe. But Rose Pistola knows how to balance her solo performances so they get your panties wet and in a bunch. The classic beauty has graced stages in an octopus skirt, an Elvis costume, a mullet, a Victorian mime outfit, and a full tulle gown (that she rolled out of) — always mastering a blend of humor and class. But it’s not just her performances at places like Hubba Hubba Revue and Bohemian Carnival that rev our engines — Pistola also designs costumes, including tiny hats, vinyl corsets, and almost all of her fabulous stage get-ups. What could be sexier than a woman with pasties and a pincushion? How about one who plays with fire? Oh yeah, Pistola does that too.

www.myspace.com/rosepistola

BEST MEETING GROUND FOR SWINGERS

Not big on commitment? At Lindy in the Park, the weekly swing dance party that’s been uniting partners with fancy footwork since 1996, change companions as often as you change your mind. With free lessons starting at 11 a.m. and open to the public, it’s the perfect place to flirt with fellow Lindy Hop fans and then flee. But this outdoor event near the de Young Museum isn’t just for eternally happy singles. Couples know the best thing about the swingout is the swing-back-in. And once you’ve seen your honey doing the sugar push, you might just find that your hip-to-hip leads to lip to lip.

JFK Dr. (between 8th and 10th avenues), Golden Gate Park, SF. www.lindyinthepark.com

BEST PLACE TO PICK UP CHICKS (WHO LIKE CHICKS)

Whatever your definition of cockblocking — whether it’s using a friend to pose as a lover to deter unwanted advances, or stopping a fellow suitor from stealing your paramour with their charm and free drinks — the idea is clear: there’s a third-party penis, and its plans must be thwarted. What better name, then, for a dance night geared toward girl-on-girl love? But it’s not just clever nomenclature that fuels our love for Cockblock, the monthly lesbian dance party at the Rickshaw Stop. It’s the fact that these get-togethers feature infectious music, cheap drinks, good vibes, and that rare chance for girls-who-like-girls to get together without sweaty heteros trying to get in the way (or cast them in their personal porn fantasies). Plus, queer ladies should have at least one surefire place other than the Lex to scope out a hottie.

Second Saturdays, Rickshaw Stop,155 Fell, SF. www.cockblocksf.com

BEST CIRCLE TO JOIN AND JERK

Masturbation need not be a covert mission reserved for solo artists behind bedroom doors or within shower stalls. If you’re the type who is more of a team player, you might like SF Jacks, a group of like-minded men who appreciate a good circle jerk. The group has been perfecting its “loose and goofy environment” for 26 years, regularly drawing as many as 70 Jacks and Joes who want to lose their clothes — and their inhibitions — together. Meetings are held every second and fourth Monday at the Center for Sex and Culture, where lube and refreshments are provided. Just show up with your $7 donation (though no one’s turned away for lack of funds), ready to do the hand jive. But just remember to follow the rules. You can touch your dick, but don’t be one.

Second and fourth Mondays, 7:30-<\d>8:30 p.m. $7. Center for Sex and Culture, 1519 Mission, SF. (415) 267-6999, www.sfjacks.com

BEST WAY TO GET YOUR DATE SWEATY

Dinner and a movie, a night at the bar, a drive down the coast — all these date options have their merits. But when you’re trying to plan a partner activity that’s off the beaten path, consider renting bikes from Golden Gate Park Bike and Skate and exploring less charted territory (especially on Sundays, when Golden Gate is closed to car traffic). For just $5 an hour, you can check out hidden trails, watch the legendary bison do whatever it is bison do, and take a breather by the ocean. Not only will you get beautiful views (of park and partner), but the chemicals you release while exercising will bring you and your paramour closer together. This is an especially good thing if you’re looking to take your relationship to the next level, because producing endorphins together might just lead to … uh … producing endorphins together.

3038 Fulton, SF. (415) 668-1117, www.goldengateparkbikeandskate.com

BEST PLACE TO PARTY LIKE A PORN STAR

Unbeknownst to pretty much everyone, Dogpatch Studios, the nondescript warehouse on Tennessee Street marked by a benign and vaguely cutesy flag featuring a black Labrador, is where the Mitchell Brothers filmed Behind the Green Door, the first feature-length hardcore porn film to be widely released in the United States. Today, with enough green of your own, you can host a private event inside this historic sex landmark. While the venue still welcomes movie shoots, your options are unlimited. Dogpatch Studios will provide you with flexible floor plans, kitchen facilities, wireless internet, lighting services, staffing, and just about anything else you require, whether it’s for a sedate corporate retreat, a no-holds-barred bacchanal, or even a wedding. Because nothing says everlasting love quite like tying the knot where Marilyn Chambers (R.I.P.) filmed money shots.

991 Tennessee, SF. (415) 641-3017, www.dogpatchstudios.com

BEST XXX XX IN THE CASTRO

Remember when the Castro was just a big boys’ club? That’s changed somewhat, thanks in no small part to Femina Potens, the nonprofit art gallery dedicated to women, transgendered folk, kink, and the sex worker community that anchors the corner of Market and Sanchez. Cofounded by renaissance porn star and queer BDSM queen Madison Young, the cozy spot has been hosting exhibits, workshops, spoken word performances, film screenings, and readings by queer literary and artistic legends like Michelle Tea, Annie Sprinkle, and Inga Muscio since 2001 — and recently has added health and wellness programming into the mix. With showcases tackling topics from body image to safer sex, suicide prevention, and breast cancer awareness, there’s no question that what Femina Potens does is important. But we think art shows about bondage and performances about breasts are also just damn sexy. Plus, it’s about time the Castro got a little more double-X (chromosome) action.

2199 Market, SF. (415) 864-1558, www.feminapotens.org

BEST KINKY DINNER

Dark Tasting is the most unintentionally kinky thing to happen to dining since the invention of the hot dog. The very concept sounds like something out of a Marquis de Sade novel. The San Francisco group believes that sight deprivation heightens the sensory experience of having a meal, from the taste, smell, and feel of your food, to the sound of your company’s voices. Before the meal is served, diners are blindfolded and rendered submissive. (Doesn’t that alone sound like something out of a deliciously depraved Japanese bondage flick involving nyotaimori?) Sponsored by TasteTV and held at a different venue once every two months, Dark Tasting events offer gourmet multicourse meals with wine parings, with the caveat that you have to pay $95 per person and can’t see what you’re eating. Events are described as a “sensual dining experience,” and given that no one can see what a pervert you are, you can freely grope your partner under the table without eliciting “Get a room!” remarks from fellow diners. If you’re into BDSM, we highly recommend Dark Tasting as a romantic prelude to being hog-tied in a cage (where the real fun begins).

www.darktasting.com