Police

Desperado

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› le_chicken_farmer@yahoo.com

CHEAP EATS I did the math. This is Part Five of a Three-Part Series, and therefore the last part. Henceforth, I will leave my neighborhood alone and just live in it.

Speaking of five, I had five first dates in five days. I should say, I made five dates but only had four of them. The first was in an accident on his way to see me and wound up in the hospital.

He sent a picture of the car. One of those ones where you wonder how the driver survived. Well, he’s a fireman. My best guess is that firemen know how (to survive). Which is dangerous knowledge to have. He calls every day, addresses me as dear, and is in a lot of pain.

Shhh. He doesn’t know about my man on the train, to whom I am not technically betrothed, but committed, yes, because I looked deep into his bloodshot eyes and said what he wanted to hear: that I would represent him.

One of my favorite things about being romantically connected to a recovering gangster who was being taken into police custody the last time I saw him is that you can pretty much start fooling around immediately.

And I use the words "fooling around" loosely … No, really, I only actually carried on with one of the five first dates. Meaning my very very seriously irretractable vow to never ever EVER under any conceivable circumstance have sex on a first date, not even once, is still 80 percent intact! For the week.

Nobody approves of the choices I make. Except this one guy. But most of my girlfriends and all of the women’s magazines and dating advice columnists … it’s unanimousish: don’t be desperate. Whatever you do, you’re not supposed to be, or seem, desperate.

"But what if you’re desperate?" I have to ask. It is almost my job to ask, and I think maybe it is my job to answer. Or try.

Well, desperation has a bad rap. Which is easy for me to say. I embody desperation. I am one of desperation’s foremost practitioners and appreciators. Desperate people who don’t embrace, or at least act out of desperation, will never get to lick a ruby in a dangerous drunk’s front tooth, for example. Or …

Or …

There are other examples too unmentionable to mention.

This one isn’t: The best kisser I ever kissed, the man who will now, for me, set the standard for quality kisses, was of course All Wrong, by the book, and an act of desperation on my part. He was the one-in-five, and technically still married. I kinda knew I’d never see him again, and I definitely knew I would want to. Oh, and he wasn’t even very good-looking, nor well-spoken — which turns me on more than good looks. But: none of that. He was an amazing kisser, and I wasn’t wrong to guess that that would translate to great sex.

Minus my being starved for affection, however, it never would have happened. And I never would have made the five dates in five days, probably, if I hadn’t been so impressed and/or horrified by my shenanigans with that man on the train. Not because he was a gangster; because, cool dentistry notwithstanding, he was a terrible, terrible kisser, all force and no finesse.

Somebody save me! Right?

This is not what I want. It’s what I’ve got. I will work with it, laugh and enjoy and wrangle it into words, as always, for your amusement, but it wouldn’t be true desperation without the underlying fact that it ain’t what I want. I want sweet, sexy boredom and juicy burritos with a reliable, commitment-capable man with a soft, spicy tongue, safe driving habits, something to say, and question marks for eyes.

I know you’re out there. Sort it out and step up, please, sir. It’s hard, I know. I know it’s scary. But imagine the meals we will make, and all the great restaurants in our oystery world, as simple as salt plus what?

You’ll figure it out.

Meanwhile, when I am absolutely desperate for a burrito:

THE BURRITO SHOP

Mon.–Sat.: 10:30 a.m.–9 p.m.; Sun.: 11 a.m.–8 p.m.

5259 College, Oakl.

(510) 658-7646

No alcohol

MC/V

L.E. Leone’s new book is Big Bend (Sparkle Street Books), a collection of short fiction.

Off the wall

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› johnny@sfbg.com

It’s Saturday morning, and Michael Rosenthal Gallery is crowded — because it’s playing host to a baby shower. The current show of paintings by Terry Hoff is partly obscured by the small celebration. In one corner, Rosenthal sits on a couch. Aside from the dark circles around his eyes, you wouldn’t know that he’s caught up in perhaps the strangest of a string of recent art thefts at SF galleries.

At 3 a.m. on Friday, March 20, police notified Rosenthal that his Valencia Street space had been vandalized. Arriving at the site, he was surprised to discover that while a pair of computers, an expensive printer and scanner, and a bag of Nikon cameras were still there, four paintings from the current show by Hoff were amiss. "The first two cops [to arrive] were totally uninterested," Rosenthal says, adding that when he gave the missing works an estimated value of $40,000, the answer he received was blunt: "They said, ‘Too bad — if the paintings were valued at $50,000, everyone would be here’" (SFPD didn’t return calls for comment.)

The theft of the Hoff paintings marks the third time in the past six months that a street-level San Francisco gallery was the target of a robbery. On Oct. 15 last year, two paintings by the late Margaret Kilgallen were stolen from the SoMa space Gallery 16, which was putting on a 15-year retrospective. (Unlike the majority of the exhibition, neither Kilgallen piece was for sale.) Less than a month later, someone walked into the Mission District gallery Triple Base and took a painting by Jay Nelson from the wall.

"It’s horrible," Gallery 16 owner Griff Williams says, when asked about the Kilgallen theft. "The whole experience continues to be horrible because we haven’t settled any of this. There’s a personal sadness — Margaret wasn’t interested in the art market, and didn’t sell her work by choice in the shows we did with her. It also points to the ugly side of the way things are valued, and how insurance companies want to undervalue the work."

"People don’t know that if they steal artwork or buy stolen artwork, it has no value in the market," says Triple Base codirector Dina Pugh. "It doesn’t have value unless you have the title to the work, and the gallery is always looking for stolen pieces."

The three recent thefts, while not necessarily related, share some commonalities beyond the street-level position of the galleries. Kilgallen, Nelson, and Hoff all knew or know the San Francisco artist Barry McGee, the sole focus of a lengthy April 2008 Artforum article on the proliferation and market value of stolen artworks. (In fact, Hoff owns work by both Kilgallen and McGee.) In a 2006 issue of ANP Quarterly, Darryl Smith from the Market Street gallery the Luggage Store recounts an experience buying a piece by McGee on the street.

"[The thefts] point to all these issues that the art world deals with in terms of valuation," says Williams, whose space has been vandalized more than once without any art being stolen. "As an art project, you could take someone’s work and see what you can get for it on the street. With Barry’s [McGee’s] work, there’s a street cred to stealing it."

The theft of the Terry Hoff paintings differs from the Gallery 16 and Triple Base robberies in one crucial way: the artworks were recovered. At press time, both the San Francisco police and the individual who returned the paintings were unavailable for comment. However, at 2 a.m. March 21, Rosenthal was awakened by a call from police informing him that the Hoff paintings were recovered, albeit with some scratches and damage. "It was a whirlwind of emotions," Hoff says of the experience.

In the current market, art might not seem to have strong value. "You’re gonna sell Terry Hoff paintings on Market Street?" Williams asks, only somewhat rhetorically. Pugh has a pragmatic view of the situation. "With the economy going down the tubes, there are so many things that come along with it — violence, robbery. People are desperate, and I expect more [thefts] to happen. It’s making galleries be more cautious and vigilant."

When protesters become ‘terrorists’

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› rebeccab@sfbg.com

When does passionate protest become a terrorist threat? Is it when activists choose to target someone’s house, or when the subject of the protest feels scared? Why single out animal rights activists for special treatment? And if the definition of terrorism is expanded for them, what group is next in these turbulent times?

These are the questions being raised by the federal prosecution of four local animal rights activists. Joseph Buddenberg, Maryam Khajavi, Nathan Pope, and Adriana Stumpo pleaded not guilty March 19 to charges of using threats and violence to interfere with University of California animal researchers, in violation of the Animal Enterprise Terrorism Act (AETA).

A coalition of civil liberties defense groups have come to their defense, arguing that the law is unconstitutional and that the activists were merely exercising their freedoms of speech and assembly.

AETA specifically protects research institutions, pharmaceutical companies, and other businesses that use animals from individuals who "interfere with" their operations. Anyone using threats, vandalism, property damage, trespassing, harassment, or intimidation to cause someone connected with an animal enterprise to have "reasonable fear of death or bodily injury" can be tried under the law. But critics say the statute is over-broad, arguing that legal activity like boycotts can be construed as a form of interfering with a business’ operations.

"In its abstract form, and now with these arrests, the AETA is a full frontal assault by the U.S. government on the First Amendment," says San Francisco-based attorney Ben Rosenfeld, a member of the National Lawyers Guild. "Everybody, whether they identify with animal rights causes or not, ought to be very alarmed."

According to an FBI affidavit filed by special agent Lisa Shaffer, the activists took part in actions targeting UC researchers who conduct experiments on animals. They didn’t free caged animals, torch laboratories, or slash tires. Instead the defendants were caught picketing, chanting, and creating flyers. And while the complaint cites an alleged assault, it never states that any of the four defendants was responsible. Yet they each face up to five years in prison.

In October 2007, the complaint alleges, the defendants joined a group of protesters outside a UC researcher’s home in El Cerrito where they marched, chanted things like "vivisectors go to hell!" and rang the doorbell. The second incident took place in January 2008, when a group of about a dozen people "wearing bandanas over their nose and mouth" allegedly drove to a number of researchers’ homes in the East Bay. They "marched, chanted, and chalked defamatory comments on the public sidewalks in front of the residences."

The complaint says UC researchers felt harassed, intimidated, and terrified. Heidi Boghosian, executive director of the National Lawyers Guild in New York City, says AETA is flawed in that prosecutions are based on the targets’ reactions, not the protesters’ intent. "Basing prosecutions on the subjective feelings of individuals to whom no harm was inflicted undermines the foundation of criminal law, which punishes those who commit crimes with the intent to do so," Boghosian told us. "Demonstrating — even noisy, angry demonstrating that may be uncomfortable to others — is still protected under the First Amendment."

During the third incident, six bandana-clad protesters allegedly approached the home of a UC Santa Cruz researcher. Her husband heard banging on the glass pane of the door, opened it, and then "struggled with one individual and was hit with a dark, firm object," according to the complaint. The protesters dispersed, and one allegedly yelled, "We’re gonna get you!" Santa Cruz police later seized a vehicle belonging to one of the activists. Bandanas found inside the car were later sampled for DNA, linking them with three of the defendants.

The complaint doesn’t indicate whether any of the four defendants struck the researcher’s husband or yelled a threat. But that hardly matters. "Another flaw of the AETA is its ‘course of conduct’ language," Boghosian said. "If one protester commits a single unlawful act at a protest … but five others were present, all may be charged with engaging in a course of conduct that interferes or attempts to interfere with the operations of an animal enterprise."

Finally, the FBI charges that in July 2008, a stack of flyers listing the home addresses of two UC professors under the headline "murderers and torturers" was discovered at a Santa Cruz cafe. The FBI tapped security camera footage and Internet use logs to link three of the defendants to the stack of flyers.

Several days after the flyers were discovered, a firebombing took place at one of those researchers’ homes — but the federal complaint doesn’t mention it. When asked if there might be a connection, FBI special agent Joseph Shadler told the Guardian that the complaint speaks for itself.

Several civil liberties groups have been wary of AETA since it was enacted. "The law is so overly broad and so vague that no one knows what’s legal and illegal," Odette Wilkins, who is pushing for a repeal of the bill through her organization, the Maryland-based Equal Justice Alliance, told us. "The USA Patriot Act makes it very, very clear what terrorism is. It’s anything that causes mass destruction … or places the entire civilian population in fear. I don’t see how people exercising their First Amendment rights … rises to the level of terrorism. It’s ludicrous."

FBI special agent Schadler sees it differently. "As far as the distinction between free speech protected by the Constitution and what we would consider terrorism, whenever somebody’s purpose is to cause fear to get their point across, that’s terrorism," he told the Guardian. "The definition of terrorism is using threat of violence, or violence, to accomplish a political means. And the threat of violence — when you are actually going out and threatening to hurt people, or causing people to believe that they’re going to be hurt, or actually hurting them to get your movement or your political voice heard — then you are committing terrorism."

Lauren Regan, executive director of the Eugene, Ore.-based Civil Liberties Defense Center, helped create Coalition to Abolish the AETA. "We were working on putting together a civil lawsuit simply challenging the constitutionality of the law when the criminal indictments happened," she explained.

Regan has been on the case since a previous law, the Animal Enterprise Protection Act, was in place. That statute was upgraded to the AETA in 2006 in the wake of aggressive tactics employed by a radical animal rights group, Stop Huntingdon Animal Cruelty (SHAC). "Many felt [the AEPA] was also unnecessary," she told us. "Because there are already statutes for burglary, theft, vandalism, arson [etc]. Any of the crimes that could have fallen within the AEPA were already federal and state crimes."

Sen. Dianne Feinstein cosponsored AETA along with Sen. James Inhofe (R-Okla.), saying it would "ensure that eco-terrorists do not impede important medical progress in California." Before the bill passed, Rep. Dennis Kucinich (D-Ohio) voiced the lone complaint against it. "I am not for anyone … damaging another person’s property or person. But I am for protecting the First Amendment and not creating a special class of violations for a specific type of protest."

No one else was persuaded. The bill was bundled with other legislation deemed to be noncontroversial then passed by voice vote. The American Civil Liberties Union didn’t oppose it after an amendment was added guaranteeing that it wouldn’t restrict First Amendment rights. The ACLU declined to comment for this story.

Regan says broadening the definition of terrorism can stifle important campaigns. She points to the example of a widely publicized video released by the Humane Society last year that showed disturbing footage of downed cows at a beef processing facility. Though it spurred one of the largest beef recalls in history (and saved school kids from consuming an unsafe meat product), the cameraperson could be tried as a terrorist under the AETA, Regan says, because it was necessary to trespass to shoot the film.

She also criticizes the FBI’s excessive use of paid informants. "This has happened across the country — if someone posts a vegan potluck, the FBI is showing up to see who’s there and what they’re doing," she says. Between 1993 and 2003, the FBI’s counterterrorism division increased 224 percent, according to its Web site.

While advocates are quick to point out that there are no documented deaths associated with animal rights activism, the movement has a history of employing firebombs, threatening phone calls, and other creepy tactics in pressing to end animal cruelty — a trend that led to the passage of the domestic terrorism bill.

"The AETA has backfired, causing an increase in underground activism," says Los Angeles-based activist Jerry Vlasak, whose inflammatory language against animal researchers was quoted extensively during the 2006 Congressional hearing on AETA. Vlasak is a media contact for the North American Animal Liberation Press Office, which operates a Web site featuring anonymous "communiqués" sent in by clandestine activists. In a posting dated March 6, a group called the Animal Liberation Brigade takes credit for burning the car of a Los Angeles primate researcher. "We will come for you when you least expect it and do a lot more damanage [sic] than to your property," the message reads. "Where ever you go and what ever you do we’ll be watching you as long as you continue to do your disgusting experiments on monkeys. And a special message for the FBI, the more legit activists you fuck with the more it inspires us since wer’re [sic] the people whom you least suspect and when we hit we hit hard."

Will Potter, a Washington, D.C.journalist who runs a Web site called Green Is The New Red, testified before Congress prior to the passage of the AETA, arguing that the law would not deter underground activists. Instead he predicts it will have a chilling effect on protests staged in broad daylight. "This legislation will … risk painting legal activity and nonviolent civil disobedience with the same broad brush as illegal activists," he said.

That, says Rosenfeld, is precisely what’s happened. "The whole underpinning of a democratic society is that it’s rights-based, and government power is limited and checked by law," he says. "Here we have a complete perversion of that process. The government gives itself this over-broad, sweeping power to go after anyone it wants and then seeks to reassure people that it will only use those laws against the real bad guys."

We can’t trust the BART Board

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So the BART Board is looking at whether BART cops should carry handguns. Nice. They don’t do too well with shotguns, either.

Seriously, what that department needs, more than anything, is civilian oversight, and if this study is about deflecting that, then it’s a worthless idea.

Assembly member Tom Ammiano has a bill that would force the BART Board to create a San Francisco-style oversight agency.

Ideally, the state Legislature wouldn’t have to spend time on this issue; the BART Board would just do it. But the BART Board is made up largely of lame, lazy hacks who have ignored this issue for years. I called Tom Radulovich, one of the few decent members of that board, and he told me he’d support the bill, but wanted it amended. “It’s too prescriptive,” he said. “We all agree on what the elements should be, but I’m not sure locking a variety of the San Francisco Office of Citizen Complaints into state law is the best idea.”

Radulovich had some suggestions — audits, ways to measure how well the system is working, etc. — which all make sense. And I’m sure there are all sorts of ways that Ammiano’s bill can be improved. But here’s the bottom line:

The final measure that comes out of Sacramento MUST be prescriptive. It must outline in very clear detail exactly what the BART Board has to do. The very fact that Ammiano is pushing this issue, and that the BART Board hasn’t already established an effective oversight plan, is all the evidence you need that it simply won’t happen without a firm state mandate.

I like the OCC model; it’s as imperfect as any government system, and a weak or compromised director and a police chief who refuses to cooperate can undermine its effectiveness. But it does the right thing, which is to take all internal affairs-type civilian complaints out of the hands of the police.

I’m sure Ammiano would be more than open to amendments, but if the BART Board members try to argue that the state should simply set broad guidelines and let them handle the details themselves, the answer is simple:

You’ve had more than 20 years to do that, and you’ve failed, and at least three people who ought to be alive today are dead because of that. No way we’re trusting you to get it right this time.

The news from Rock Rapids: Shinny’s funeral

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By Bruce B. Brugmann

Shene.jpg
Shinny during his years as chief of police in Rock Rapids, Iowa, during the l950s. This was the card I had in my billfold when I heard about his death. He was technically “Shene” but he was Shinny to me. Shinny approved of my pronunciation. His last card omitted a key word from his earlier cards: “lover.”

The funeral services for Elmer (Shinny) Sheneberger, the central figure in the famous Halloween caper of 1951, were held Friday March 20 in the Congregational Church in Rock Rapids, Iowa.

I got word from Marj and retired CPA Jim Wells and Shinny’s nieces Audrey and Margo Wallace that Shinny had died on Saturday March 14 in his suburban mobile home in Phoenix, Arizona. He had fallen the day before and was found 20 hours later. He was terminally ill with cancer but hanging on.

Shinny was born and raised and lived his entire life of 92 years in this little northwest Iowa town. He was what every small town needed and cherished: an authentic good-natured character who went on generation after generation. He was somehow always there, when you needed him and sometimes when you didn’t. When a politician came to town, the word would get around that Shinny was briefing him at the Lane Cafe. When the Hermie Casjens gang rolled a loaded boxcar across Main Street, twice, on Halloween eve in 1951, Shinny was on duty as chief of police and had to move the boxcars off the street.

I never told Shinny who was involved in the incident and he never asked. Finally, years later, I gave him the full story. He laughed and said, “Let’s drink to it.” We did and did all through the years. When he would call me at my office in San Francisco, he would say, “I want to speak to Bruce. This is his parole officer in Rock Rapids.” Shinny had a wonderful way of operating on Halloween: he would just come upon the roving Casjens gang, and would just shine his car lights. We would scatter and he would move on, never making an arrest. In fact, I don’t think he ever made many arrests, that night or on any other Halloweens. His was humane law enforcement, Rock Rapids style.

Shinny did roll the boxcars back off of Main Street, but we never knew exactly how he did it. He explained in detail at our 55th class reunion last June in Rock Rapids. We invited Shinny to come after Dave Dietz and I got firm assurances that the statute of limitations had run and we were free to talk about the incident. We surmised that Shinny had gotten everyone out of a nearby dance at the Community Building to move the cars. No, he said, he rousted people out of the nearby movie theater under threat of “arrest” and pressed them into action, twice.

Shinny was quietly generous. He owned a farm near town and he told me that he was would be willing it to Camp Foster, the YMCA camp on nearby West Okiboji Lake where many of us went to summer camp. “I always thought highly of the boys who came out of that camp,” he told me. “And so I thought that would be a good place for my farm.”

Through the years, Shinny would say to me, “Bruce, you and I have got to get along together. We’re going to be together for a long, long time.” I never could figure out what he was talking about until I was out visiting the Brugmann plot at the Riverview Cemetery, the picture postcard cemetery atop a hill overlooking the Rock River. I noticed that the plot next to the Brugmann plot was the Sheneberger plot. As usual, Shinny was right.

Click here to read Halloween 1951: Fast times in Rock Rapids, Iowa, from the Bruce Blog archive.

Here is the email note I sent to my classmates on our email tree for the Dream Class of 1953 (16 boys, 16 girls, now many less):

Shinny’s funeral will be tomorrow (Friday) in the Congregational Church in Rock Rapids.

I ordered a bouquet of red tulips for the service from the Flower Village, with a note “from the Brugmann family and the Class of 1953.” I assume I don’t need to go over the details once again about Shinny’s connection to our class and his involuntary participation in our class activities and the famous Halloween incident of 1951.

Shinny was a longtime member of our church. He always wanted to live as long as Henry Rahlk, also a member of our church, who lived to be 102. Shinny, alas, only made it to 92.

I always enjoy buying my flowers from Flower Village, which once was in the old Brugmann’s Drugstore building. It’s now across the street in the old Bernstein department store building. Each year on Memorial Day, I phone in to Flower Village and buy potted flowers for all the members of the Brugmann plot at Riverside Cemetery. That’s both sets of my grandparents (Ethel and C. C. Brugmann, founder of Brugmann’s Drug in l902; and Allie and A.R. Rice, a Congregational minister in several small Iowa towns); my mother and father (Bonnie and Conrad Brugmann, who was a partner with my grandfather in the drugstore from the Depression onward); and my aunt and uncle (Mary and Clarence Schmidt, a veterinarian from Worthington who was the family representative in World War II.) I hope to end up in the Brugmann plot with my wife Jean.

And the Village people put the flowers on the plot, always well positioned and blooming nicely. Shinny’s family had the next plot and he would always take pictures of my potted flowers and send them to me with a friendly note about “staying in touch and getting together someday.”

And then I would always call the former Janice Olsen to remind her to pick up the flowers and take them to her home in Rock Rapids, once the home of her aunt and uncle, Edna and Harold Jongewaard. Harold was a funeral director in Rock Rapids for many years and buried almost all of our family in our plot. Janice’ s mother was Elsie Olsen, Clarence’s sister, and the Merl Olsens had a family farm out near Edna that I used to visit when I dated her in our junior year.

I didn’t mean to ramble on so long, but Shinny’s death reminds me once again of how it was and still seems to be back there in Rock Rapids, the best little hometown in the country. There are lots of good connections and lots of good memories, but they grow dimmer and dimmer.

So long, Shinny. I’ll be seeing you soon. B3

The rise and fall of a Polk Street hustler

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› news@sfbg.com

Last June, a small group of costumed 20-something activists from Gay Shame — wielding saxophones, loudspeakers booming electronica, and bullhorns — held a "séance" on Polk Street to "summon the ghosts of Polk Street’s past."

They performed in front of the recently constructed First Congregational Church — what they call "ground zero" for Polk Street gentrification — built over the remains of what they characterize as a gay hustler bar pushed out of the area by Lower Polk Neighbors (LPN), an organization not coincidentally holding its monthly meeting just a few feet beyond the window during the ear-splitting performance.

It was one of many ongoing clashes as new condos, upscale businesses, and trendy "metrosexual" bars replace Polk Street’s SRO apartment buildings, shuttered businesses, and hardscrabble hustler bars.

Protesters blamed the transition on LPN, a "pro-gentrification attack squad" working to transform the city’s "last remaining public gathering place for marginalized queers." New business and neighborhood associations counter that they are only working to beautify, make safer, and "revitalize" the area — a benefit to everyone, including the street’s marginal residents.

But what has been lost in the noise of this high profile, ongoing clash are the stories, needs, and wishes of the very people purportedly at the center of this conflict: the "marginal queers" and the homeless.

I conducted interviews with more than 60 people during the past year, including sex workers, merchants, the homeless, and social service providers — thanks to a grant from the California Council for the Humanities and the sponsorship of the GLBT Historical Society. And I learned that changes on Polk Street stem from a collapse of the area’s community-based economic and social safety nets in the 1990s, combined with the absence of a viable alternative from the city, the neighborhood, or an increasingly affluent gay political establishment.

That trend is illustrated by the story of one such "marginal queer," known on the street as "Corey Longseeker." In a changing neighborhood divided by distrust and tension, it seems that even people from opposing viewpoints are united in their familiarity with a story that has become the stuff of legend: the most beautiful, most successful boy on Polk Street who became the saddest, poorest homeless man in the neighborhood.

Now, during a time of recession and drastic budget cuts to mental health, drug abuse, and HIV-related services, Corey’s story traces the neighborhood’s history and its present challenges.

THEN AND NOW


Corey, now 39, is a constant presence in the neighborhood. He’s always alone when I see him, sometimes sitting on the sidewalk, his head of long stringy hair in his lap, rocking back and forth slightly. Or walking up and down the alleyways, sometimes stooping over and making cupping motions with his arms — picking up imaginary children, I’m later told. Or walking slowly, alone, near City Hall, his arms straight by his side, his body hunched.

"I came to San Francisco because I wanted to be an artist," he told me. He speaks slowly, softly, laboring, with long pauses. "When I first got here, there were a lot more people. We used to play guitars and drink beers or smoke a joint and just hang out and stay out of trouble."

He was diagnosed with schizophrenia, compounded by years of methamphetamine use and complications related from AIDS — a triple diagnosis that is unusually common among homeless people on Polk Street. Corey’s flashes of clarity alternate with moments in which memories blend into different times and places, and seemingly into dreams and fantasy: "I’ve been trying to protect my little self and my little brother and I’m about 500 homicides behind and I don’t know how to bump and grind to pick up the little morsels and the pieces of the people I liked and loved the way I used to know how to." He paused. "So I just keep on."

Dan Diez, now the co-chair of LPN, believes that homeless on the street such as Corey are negatively affecting businesses and residents who "should not have to put up with people sleeping in their doorways." He even talks of moving the homeless to facilities on Treasure Island as one solution. "I think it’s one of the reasons why these condos that have gone up have not been filled."

Corey and Diez may seem to have little in common, but they maintained a close relationship with each other for more than a decade, and Diez felt so close to him that he characterized himself as part of Corey’s "surrogate family."

It was 19 years ago that Diez first laid eyes on Corey, then a fresh-faced 19-year-old who had just moved to San Francisco. Diez, then a city government employee living in the East Bay, was sitting in the Q.T. II, Polk Street’s premier hustler bar — on the very plot of land where protesters later clashed with the LPN meeting.

Corey "wasn’t what I expected someone like a hustler to look like," Diez said. "I cannot tell you, this kid had movie star written all over him. He was extremely clean and very attractive and he just looked like somebody who walked out one of these suburban towns."

Dan befriended Corey, taking him to Burger King, listening to rock music in his car while Corey drew and writing poetry. Dan slipped him $20 bills and took him to movies. With time, he also brought him to the spas to clean Corey up, took care of his laundry, and bought him clean underwear and food.

"A lot of the kids on the street were hustling," Diez said, "but I did not pick up at that time. Corey was the only person I was really interested [in] ‘cuz he was something different. He was a person with a creative bent, which I really admired."

Diez says their relationship was not sexual, though he did enjoy being physically close with Corey. "He was someone I liked being around. It was just really a nice relationship."

In a letter Corey wrote in the late 1990s, he calls Dan one of his "sponcers" [sic], along with another man Diez said is a "multi-multimillionaire" and "very well known in San Francisco." This man bought Corey a car and provided him with plenty of cash and drugs as one of his clients. In Corey’s letter, he says the man "made me into a liveing legand [sic] at the age of twenty two years old by letting me have enough money." Corey listed as his "Boss" a bartender at the Q.T., widely known for facilitating hookups between johns and hustlers, and spoken of warmly by many as being a "big mama" to kids on the street.

By this time, many of the buildings that had held thriving businesses in the ’70s and ’80s were shuttered, leaving sex work and drug sales as a few of the street’s dominant economies. People such as Corey, widely considered to be the most beautiful and lucrative sex worker at the time, were Polk Street’s economic engines.

In fact, Q.T. manager Marv Warren was president of the merchant’s association in the 1990s. The sex trade turned profits on the streets and in the bars. "Most of us didn’t like the idea of these kids hanging out because it didn’t look good," Steve Cornell, owner of Brownies Hardware, recalled. "[But] if there are male prostitutes out there and there are businesses that thrive on that, they’re part of the business association too."

THE BOTTOM LINE


The current conflict on Polk Street has been framed as one between profit-hungry business owners and marginalized queers. But on Polk Street, a coveted bloc of city space long zoned as a commercial corridor, the buck has always been the bottom line.

This is not to discount the deeply emotional ties many have to the area, many who reported escaping abusive families and discrimination to find themselves and their first real family in Polk Street. Just the opposite: the history of Polk Street shows that community and commerce were closely linked.

In the early 1960s, gay men bought up failing shops along the street and created posh clothing stores, record shops, and elegant restaurants. Failing bars and taverns cashed in on gay consumer power. The community combined economic and political power to win major gay rights battles.

Most famously, bartenders formed the Tavern Guild in 1962, the nation’s first gay business association, which combined economic self-interest with charitable support for the nascent gay community. According to historian Nan Alamilla Boyd, the Guild "represent[ed] a marketplace activity that, in order to protect itself, evolves into a social movement."

The Imperial Court, part of the Guild’s fundraising arm, elected Empresses who raised funds for people in the community who needed housing, drug treatment, mental health services, or help with their medical bills. In the ’70s and ’80s, the Polk Gulch was a magnet for young people around the country escaping abusive homes and discrimination, and who therefore did not have the educational or employment background to make it on their own in the city.

Anthony Cabello came to Polk Street from a working class family in Fresno as a teenager in the late 1960s, dining as the guest of an older lover at the posh P.S. Lounge. As a student at a nearby college, he formed lifelong relationships with men on the street who took him to fancy hotels, plays, and dinners. "I did not mind the monetary help, but that wasn’t my primary concern," he said. "I was getting exposed to things that normally, I wouldn’t have the ability to do." He toured Europe in a theater troupe, worked a number of jobs on Polk Street, and now manages the neighborhood’s Palo Alto Hotel, which continues to house people living with AIDS and people of meager means.

Coy Ellison found a safe haven in Polk Street as a teenager in 1978. He did under-the-table work at gay businesses through an unofficial job pool at the street’s bars. That allowed him to avoid being caught by the police and sent back to an abusive home. "There were a lot of people doing that at the time," he said. "Let’s say you needed your apartment painted, was there a kid here who knows how to paint and [the bartenders would] send him off." He later climbed the employment ladder through the bars by working as a bouncer, providing support for new young people coming to the area. He now lives a few blocks away with his partner.

Kevin "Kiko" Lobo moved from San Francisco’s Mission District to Polk Gulch in the early 1980s and found work on the street as a sex worker in bars like the Q.T. "Nobody lost because the bar made money, I got a few drinks, and I met clients." He pooled money with his "street family," made up of teenagers escaping abusive homes and discrimination. On the street, "everything was family," Lobo said. "We all looked out for each other. If you didn’t make any money that day it didn’t mean you were going to sleep on the street." Kiko eventually worked his way into the bar business, becoming a bouncer and later a DJ.

COREY’S STORY


Diez learned that Corey grew up in a deeply religious family in a small town in Minnesota. His mother and father worked in factories, and hunted and fished in the countryside. But "something happened in that family," Diez said. "Either he did something really wrong and they could not put up with him, or they did something wrong and he could not put with up with them, or both — I don’t know." Corey never graduated high school, instead leaving Minnesota for San Francisco.

Corey gave Dan clues as to his move in a series of letters he wrote him from jail, where he was sent on a series of drug charges in the late 1990s. He wrote about three "childhood nightmares" that were "true life stories" and "part of my past survived existence."

He wrote of being part of a "bunch of little gay boys" in high school who "were not allowed to live a normal life one on one with their partners, among lost immediate family, and unforgiven [sic], misunderstanding, or nonaccepting [sic] religious traditional old fashioned folks.

"Our very own parents used to laugh and giggle, and be cruel to us. And no matter how gifted each child was, our parents watched us and made harsh comments, and truly not funny jokes, and then forced us by broken pride, trust, and rejection to survive in Satan’s swamp.

"Some parents are not willing to understand the flower children of the nineties," Corey wrote, but now "I am trying to step out of a nightmare and back into a Dream … [to] kickstart the new flower child era" in San Francisco, "like the hippies once did, so will we rise above once again."

A San Francisco State University study published in Pediatrics in January found that LGBT youth who reported higher rates of family rejection were eight times more likely to report having attempted suicide, and more than three times more likely to use illegal drugs and have unprotected sex, compared with their peers who reported lower levels of family rejection.

Those escaping persecution also appear more likely to be runaways or homeless. While approximately 3-10 percent of the U.S. population identifies as lesbian or gay, 30 percent of youth served by San Francisco’s Larkin Street Youth report that they are lesbian, gay, bisexual, transgender, or intersex.

POLK FALLS APART


By the time Corey arrived in 1990, the twin epidemics of AIDS and methamphetamine addiction were wreaking havoc on Polk Street.

Harvard-educated ethnographer Toby Marotta, who worked on several federally funded research projects in the Polk Gulch, said that by the mid-1980s "the whole southern end of Polk Gulch was being transformed because of methamphetamine use."

Speed was the perfect drug for the early days of AIDS, when people were terrified and confused: it produced feelings of euphoria, a sense of invulnerability, focus, and a desire for sex. But while the drug "produced long mind-escapes" for people who used it, Marotta said, it "completely undercut the personal relationships and social obligations essential to functioning community."

Combined with a national recession and a rash of Polk Street business closures, the economic health of the street, and the support systems enabled by it, suffered a tremendous blow. The money, energy, guidance, and options for street youth employment through local bars and businesses were quickly disappearing.

By the late 1970s, the city’s gay political center had moved to the more affluent Castro District. "For those of us that depended on the street to survive, the money was harder and harder and harder to make," Lobo said. "And that’s what [began] the downward spiral. Some very pretty boys have become very ugly people because of the … loss of the great community."

A large homeless shelter moved onto Polk in 1990, along with much of the hardscrabble Tenderloin population. A different kind of john came to the street, and there was less respect for sex workers, leading to more escape through drug use. Ellison left his work at the bars in the 1990s, when the community of bartenders that had kept violent crime in check on the street broke down. Sex workers increasingly started advertising in newspapers, and later on the Internet.

Corey began using the speed that was rampant on the block, quickly becoming addicted. Diez worried that by continuing to give Corey money, which he used for drugs, he was "keeping him where he was at" instead of helping. "I eventually always gave in because I always wanted to see him have something better," Diez said. "I just enjoyed being with him. Even if we weren’t talking and he was just writing, I just liked him being there. He was company."

As Corey began using more speed, his artwork "became wilder and wilder." He started to lose his teeth, and his blonde hair turned brown. "He went down, I would say, fairly fast," Diez recalled. Spas began to refuse to serve him. He would wander into the street to pick up imaginary children, and began to be more difficult to talk with. "He went into a lot of gibberish or psychobabble," Diez recalled. "He started to look almost Charles Manson-like."

James Harris, a Polk Street community member since 1978, met Corey when he came to the city in 1990. Harris left in the mid-’90s, and when he returned in 2001, he barely recognized Corey. "I just could not believe what I was seeing. What was once a strapping, good-looking, young man had been reduced to this homeless, toothless guy. It freaked me out so bad. It took me a little while to get over it."

Harris has no doubt that Corey’s decline was linked to the breakdown of the Polk community. "If Corey came to Polk Street in 1980, he would have a job as bartender maybe, working somewhere, maybe living in the Castro," he said. "No question about it." Many people who now work in Polk Street businesses and social service organizations started as runaways and sex workers on Polk.

"In the ’60s and the ’70s, it was like a big party atmosphere. I, fortunately was taken under several people wings," said Cabello, the Palo Alto Hotel manager. "Now people don’t have the cash flow, ‘cuz economically times have really changed. People who were out partying and being able to take somebody home and help them find a job are basically waiting in line at Social Security and making sure that their housing is together."

INTO THE SYSTEM


Gay bar patronage decreased citywide in the 1980s and 1990s, the result of AIDS-related deaths, a generational shift, and later the rise of the Internet. The Tavern Guild disbanded in 1995, and by the late 1990s, most of the Polk Street bar owners had either died or retired. Most of the remaining gay bars were remade into upscale heterosexual or mixed drinking establishments, serving new residents attracted by low rents during dot.com era.

Lower Polk Neighbors represented this new bloc of business owners. Diez joined LPN in 2001, when he retired and moved to Pacific Heights. They planted trees, cleaned sidewalks, and successfully pressured the city officials to increase the number of police patrols in the area. In one of their most controversial actions, they opposed the relocation of the RendezVous bar, which they blamed for nurturing the street and hustler population.

Corey and people like him, once the street’s economic engine, were now bad for business. After his string of arrests on drug charges in the late 1990s, Corey always came back to Polk Street after being released. In 1997, he was arrested, diagnosed with HIV while in jail, and sent to a psychiatric hospital.

The most recurrent theme in Corey’s letters from this period were finding love and proving to himself that his love was okay. In a poem, he wrote, "God’s gift a soul /it was not shattered, battered, but whole / … My love from within /was not curse … scattered, tattered, or sin/than [sic] I found I did win /see like yang of yin /by forgiving within /my mind and my kin. I’m forgiving their sins."

When the Rev. Megan M. Rohrer, director of the Welcome Ministry, first met him in 2001, Corey was having "loud, yelling conversations" on the sidewalk outside Old First Presbyterian Church, where he often slept at night. "He was having the conversation of the day he came out to her, and his Mom was always trying to tell him why he couldn’t be gay, and why it was a bad thing. He was always trying to have the conversation that that was who he was, and it was how he loved, and he just kept having the conversation over and over and over, trying to have a different result, which never happened."

The organization formed in the late 1990s as a result of complaints about the increasing number of homeless in the area. Rohrer estimates that 98 percent of the homeless who live in the Polk Gulch and come to the Welcome Ministry have been part of the Polk Street sex work industry. Like Corey, they had aged into the general homeless population.

For four years, Rohrer tried unsuccessfully to place Corey in a hospital or get long-term treatment from the city. Ironically, it was the result of increasing neighborhood complaints that he finally found this. "The neighbors were getting really angry and wanted to get rid of the homeless from the area," Rohrer recalls. In 2005, Corey was arrested on drug charges as part of what she characterized as a sting operation.

The breakthrough came when he was arrested and declared mentally unfit to stand trial for the first time since 1997. The court sent him to Napa State Hospital, a secured mental facility where he was required to take medications. "Finally Corey was getting the mental health services he needed," she said.

In the absence of sufficient social services, this has become standard policing practice, according to Al Casciato, who heads San Francisco Police Department’s Northern Station. "We do not have a front end to the criminal justice system in the health arena that allows us to take these people and put them in a secure facility," he told the Guardian.

"What happens is that we wait until they get in trouble in order to put them in jail to get them off the street and then try to get them into services. We should be trying to get them into services first, but we do not have the capacity to accept everybody into services." Even after police convince a person to use services, during the long waits due to the lack of services, sometimes months at a time, "they fall back into their pattern of either drug abuse, or if they have a mental health issue, their depression starts to spin out again."

Corey was at Napa State for nearly a year on medications. "Corey make some really good strides there," Diez said. "He was also at his artistic high points … he built balsawood airplanes that he gave to children." When he was declared competent to stand trial and sent back to San Francisco, "he was like a completely different person," Rohrer recalled. "He was so with it. He was really clear about what he wanted and where he wanted to go."

But Rohrer spent two months navigating the bureaucracy to get Corey the medication he needed, during which he had slid back into schizophrenia and was no longer willing to take his prescriptions. "It was like watching Corey emerge in this beautiful way and then to disappear," Rohrer said. He’s never been back on medication, and his condition has not improved.

Rohrer was able to find him housing in a nearby SRO hotel through the Homeless Outreach Team, instituted in 2004 as part of Care Not Cash — part of a dramatic move indoors for the homeless in the area. It was an improvement from the streets, on which the supportive "street families" had now broken down. But it’s unclear whether Corey is capable of living on his own, or whether the case managers assigned to him are sufficient.

"They weren’t there," Diez says. "Because I was vacuuming his floor, I was cleaning his sink, I was taking his dirty clothes out. As much as I hate to say it, Corey needs to be in a medical facility where he can have some psychiatric help."

When I visited Corey in his apartment a few months ago, cartoons played on the television, the only piece of furniture other than his bed. His walls were bare and the sink fastened to the wall was clogged with brackish water. The carpet was filthy with cigarette butts and a mouse ran over my feet.

BOTTOMING OUT


Now, with major budget cuts across the board, services are being cut at the time when they are most needed. This will have a tremendous negative impact not only on people like Corey, but also on business owners and service providers in the Polk neighborhood.

The Welcome Ministry will lose big grants next year, Rohrer said. Jennifer Friedenbach, director of the Coalition on Homelessness, says that budget cuts in the works will have a "huge and dramatic impact" on people like Corey and will "devastate" mental health treatment services — with as much as a 44 percent reduction in the publicly-funded mental health treatment system and similar reductions for substance abuse treatment.

Ann R.P. Harrison, director of New Leaf, a mental health organization that serves 1,500 LGBT people a year, says they recently reduced staff hours and the amount of services offered, and, like most nonprofits, are looking at up to a 20 percent budget reduction starting July.

Toby Eastman of Larkin Street Youth, which serves youth under 25, says that $100,000 in HIV prevention services cuts from the Department of Public Health mean "significantly reduced the prevention staff." Eastman expects the cuts to increase next year, at a time when she sees other smaller agencies closing their doors.

Diez and Rohrer take away different lessons from their experiences with Corey. Diez says he has "hardened" about homelessness and has stopped talking with Corey. "I was an enabler for him, which I didn’t like doing but I was always hoping that what I was doing was helping him," he said. "But maybe not. Corey made choices, and maybe they weren’t good choices. And you can’t blame that on the city. It’s gotta go both ways." Once the keeper of Corey’s Social Security card, money, and other personal items, he has now handed that responsibility to Rohrer.

Rohrer sees a failure of the social safety net. "There’s a barrier to getting mental health services that seems like it’s set up so that people will fail," she said. "Places that accept MediCal or city patients can take two months before they can get an appointment. The hospital does not even have the capacity to help those police deem a threat to themselves or others."
"There were gay bars here, and there were affluent men, and that’s not here anymore," Diez said. "The bars are gone, those people who went to those bars don’t come anymore, and Corey’s just a remnant. He’s just existing. He’s surviving. He’s just something that’s eventually going to disappear from the scene."
For now, Corey poses both a challenge for the emerging Polk community and an opportunity for a divided neighborhood to find common ground. He still has dreams, Rohrer says, even if they might not be realistic. "We’re not expecting him to be a Wall Street CEO," she said. "But he’s always going to be stuck in the past if he doesn’t achieve some of his future hopes."
Joey Plaster is curator of "Polk Street: Lives in Transition," an exhibit open through May 31 at the GLBT Historical Society. More information at www.glbthistory.org/PolkProject.

Ammiano’s struggle on pot, BART cops

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By Tim Redmond

Assemblymember Tom Ammiano is finding that the moderate Democrats up in Sacramento can be just as annoying as the Republicans. Take two of his top priorities right now, a bill to force the BART police to adopt civilian oversight, and a measure to legalize marijuana.

The BART police measure is going to the Public Safety Committee, chaired by Jose Solorio, a moderate Democrat from Santa Ana.

Some of Ammiano’s Democratic colleagues are nervous about even bringing the bill up for a hearing. “They say is an incendiary situation, that even talking about this could cause riots. I’ve told them the opposite — that if there’s any whisper that we’re screwing around with this bill up here, that when the trouble is going to start.”

The pot bill is scheduled for a hearing in Public Safety March 31, and again, Ammiano worries that “they’re not taking it seriously.” They should — all the signs around the coutnry are changing. The federal government is going to stop chasing after medical pot clinics.
This is a way for the state, which is facing even more serious red ink than the governor admits, to bring in a billion dollars or so in taxes — not to mention the amount saved by not wasting police time (and jail space) on marijuana.

Supervisorial candidate excuses police abuse

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By Steven T. Jones

Scott Wiener seems to have a real zeal for his job as a deputy city attorney defending San Francisco against police abuse lawsuits, but his attitude and public statements raise serious concerns about his goal of being elected to the District 8 seat on the Board of Supervisors next year.
Take this story, for example, in which Wiener is defending the city in an excessive force case in which Officer Sean Frost and other SFPD officers chased down Chen Ming after being called to a loud argument in SoMa. After they caught him and held him down, Frost hit Ming in the face with his billyclub, breaking Chen’s jaw and knocking out 10 of his teeth.
“The officer did not do anything wrong,” Wiener told the Chronicle, a statement he repeated to me the other day, although he wouldn’t say more about how he arrived at that conclusion (such as whether it was supported by an internal affairs investigation), claiming he could not discuss the facts of the case.
Yet excusing such obviously excessive force — including use of a billyclub in a way that goes against officer training and SFPD general orders, and using extreme violence against a suspect who was down and not threatening anyone — is commenting on the facts of this case.
Wiener could have simply denied the city’s culpability in a general way, but he chose to go further, excusing inexcusable police conduct and sending a scary message to the general public.

Freeing the press

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Norwin S. Yoffie Career Achievement Award

ROBERT PORTERFIELD


Bob Porterfield is a shit-disturber, an old-fashioned investigative reporter who has no favorites, no sacred cows, and no fear of offending anyone. Since his first story — a profile of a YMCA social program published in Eugene, Ore.’s The Register-Guard in 1959, when he was 15 — Porterfield has had ink in his veins. He’s shared two Pulitzer Prizes (first for an Anchorage Daily News report on the Teamsters Union in 1975 and then for a series on the Massachusetts Bay Transportation Authority for The Boston Globe), won more than two dozen other prizes and worked on a long list of major investigative projects.

He has become something of an expert in computer-assisted reporting and information systems — but is still a down-to-earth guy who never forgot the value of traditional, hands-on digging. Back in 1986, he was on a team at Newsday looking into the federal Synfuels Corp., a scandal-plagued agency that was shut down in the wake of his stories.

"I remember once we were looking for property records on a Synfuels Corp. project linked to [former CIA Director) Bill Casey," he told me. "I wound up going down to Plymouth, N.C., (population 4,000), and I found this musty old office with two older women sitting there, knitting. There was no index book, nothing computerized. But when I explained what I was looking for, one of the women remembered the parcel of land I was talking about and pulled out the exact documents for me."

Porterfield has devoted a tremendous amount of time to teaching and mentoring, showing young reporters how to use public records to find stories. "I’m glad to see [President Obama’s] new directive on openness, but I hope it trickles down to the independent agencies," he said. "Because there’s been way, way too much secrecy." (Tim Redmond)

Beverly Kees Educator Award

ALAN GIBSON


Alan Gibson is reclaiming the Founding Fathers from conservatives with

his recent book Understanding the Founding: The Crucial Questions (University Press of Kansas, 2007). It examines the progressive ideals that guided early American political thought.

"The Founding Fathers are often captured by conservatives," Gibson told the Guardian. "But there is no clear line of legacy. It is much more complex than that. Conservative restoration politics are dangerous and not historically accurate."

As an undergraduate, Gibson cultivated an interest in issues of separation of church and state, which led to doctoral studies on James Madison, the namesake of the Society of Professional Journalists’ annual Freedom of Information awards. "Madison was the most progressive of all [the Founding Fathers] when it comes to freedom of the press," Gibson said. "He helped develop the idea that American government should be responsive to public opinion, and the role of newspapers was to make sure that an authentic public opinion was set forth." Gibson, a political science professor at California State University-Chico, lectures at various colleges across the country. Understanding the Founding will be published in paperback later this year. (Laura Peach)

Professional Journalists

MARJIE LUNDSTROM


Journalists often get alarming tips about practices within Child Protective Services (CPS) agencies, but it has always been a nearly impossible task to overcome privacy protections and get even basic information about how CPS handles reports of child abuse or neglect.

"It’s a difficult agency to write about, for some good reasons," Sacramento Bee reporter Marjie Lundstrom, who set out in 2007 to investigate complaints about Sacramento’s CPS, told the Guardian. "They operate in such a vacuum with very little public scrutiny."

She had started to piece together some information from coroner’s records and other public documents when Senate Bill 39 went into effect in January 2008, "and it was just amazing what it opened up."

The bill reveals CPS files in cases where the child has died, allowing Lundstrom to expose the negligence of CPS workers in responding to abuse reports, even those from doctors. "I do feel like what we were able to show, because of the law, where workers made flagrant mistakes that costs kids their lives," she said.

But many CPS records are still secret. Next, after writing several stories about CPS that sparked a grand jury investigation, Lundstrom intends to expose problems within the internal accountability procedures at CPS. (Steven T. Jones)

HILARY COSTA AND JOHN SIMERMAN


When the news broke last September that 15-year-old Jazzmin Davis had been murdered by her aunt after suffering months of abuse and neglect in her Antioch home, Bay Area News Group reporters Hilary Costa and John Simerman submitted a public records request about the girl’s case history with the San Francisco Human Services Agency.

The city denied the request for nearly two months, using a privacy claim. Undeterred, the journalists took the step of testing out Senate Bill 39, a relatively new piece of legislation that mandates public disclosure of findings and information about children who have died of abuse or neglect. A judge eventually ordered that the records be released.

Although highly redacted, the nearly 700-page paper trail told the girl’s story in the form of hand-written notes, report cards, medical records, caseworker visits, and other detailed documents. The records led to a package of stories that exposed a series of failures and violations of state regulations by an HSA social worker, raising questions about agency practices and spurring a review of hundreds of other foster care cases.

"This story’s been so important to me," Costa told the Guardian. "It felt like somebody owed it to Jazzmin to find out what happened to her." (Rebecca Bowe)

Interactive Media

AUTUMN CRUZ AND MITCHELL BROOKS


Sacramento Bee photographer Autumn Cruz had been covering the trial of three-year-old K.C. Balbuena’s murder for several months when she came up with the concept of creating an interactive online courtroom. With the help of Bee graphic journalist Mitchell Brooks, Cruz made public the essential pieces of evidence and information to those outside the courtroom doors.

Viewers can take a virtual tour of the exhibits and documents, along with video and audio statements and interrogations. "As a journalist, you’re fighting every day for your right to information," Cruz told the Guardian.

Although Balbuena’s mother and roommate were found guilty of the murder in early 2008, Cruz laments her inability to bring back the child she grew to know so intimately only after his life was cut short. "I think my bringing his plight to the public will hopefully prevent similar things from happening to other children." (Joe Sciareillo)

Citizen

BERT ROBINSON


Journalist Bert Robinson is a longtime journalist who now serves as assistant managing editor for the San Jose Mercury News. But he’s being honored for his work as a citizen serving on San Jose’s Sunshine Reform Task Force.

"We set out on our sunshine ordinance adventure a few years ago. We found we were faring worse in court, and we couldn’t afford increased court costs," Robinson, a member of the California First Amendment Coalition, told the Guardian.

The project received political endorsements across the spectrum, but the initiative has had problems with the city council’s Rules Committee, controlled by San Jose Mayor Chuck Reed, who has supported sunshine in the past.

"We achieved progress with public meeting requirements, but when you get into public records, city staff argue that rules are ‘too cumbersome’ … They say all sorts of things might happen if they become public, [which is] entirely hypothetical," Robinson said.

Task Force work that was slated to last six months has now dragged on for two years. "The city process grinds you down," Robinson said. But he says he’s committed to seeing it through. (Ben Terrall)

Legal Counsel

JAMES EWERT


James Ewert, an attorney with the California Newspaper Publishers Association, has long battled what he calls widespread secrecy in government. So in 2004, he played an instrumental role in providing greater public access to government meetings and records, resulting in the passage that November of Proposition 59, the Sunshine Amendment of California’s constitution.

Most recently Ewert helped Sen. Leland Yee (D-San Francisco) with legislation protecting teachers from retribution from administrators when they defend the First Amendment rights of journalism students. Next Ewert hopes to allow greater scrutiny of public/press partnerships and how tax dollars are used in labor negotiations by the public university systems.

Ewert says the public’s right to know is still severely hampered by public safety concerns, including restrictions on journalists’ rights to interview prisoners and obtain information about police officers. But luckily for the public, Ewert is still on the job. (Andrew Shaw)

Student Journalists — High School

REDWOOD BARK


Before April 2008, Drew Ross had never had to defend the existence of the Eureka High School Redwood Bark, where he was the editor. But after arriving on campus one Monday morning to find that former principal Robert Steffen had removed 450 copies of a 20-page color edition of the paper, Ross and his staff fought back.

Steffen claimed that the nude, dream-like drawing by artist Natalie Gonzalez had ushered in a handful of complaints from students and parents. Steffen justified the action by saying he was "stomping out the flames before they became a forest fire."

"We told him we wanted to hold onto the paper but he recycled them," Ross told the Guardian. "We don’t make the paper for it to be thrown away. And we lost a lot of advertising on this."

Ross complained about censorship and got help from the Student Press Law Center and the American Civil Liberties Union. By the next day, the censorship story went front page at newspapers and Internet sites all over the country. Eventually Steffen not only sent out a public apology, he paid for the next 20-page color edition.

"We are now armed with knowledge of our rights," Ross said. "And the community knows the Redwood Bark has rights." (Deia de Brito)

SHASTA HIGH SCHOOL’S THE VOLCANO


Shasta High School student Amanda Cope speaks passionately about freedom of speech after her brush with censorship, telling the Guardian, "We are preserving the validity of the Constitution. Free speech is a protection, a safety, that lets us function normally without fear."

Cope was editor-in-chief of the Shasta High School student paper, The Volcano, when a controversy flared over the paper’s end-of-year issue, which featured a front-page image of a student burning an American flag. Shasta High principal Milan Woollard was already considering shutting down The Volcano when the issue came out and publicly stated: "This cements that decision."

But following a maelstrom of objection from Cope and the rest of The Volcano staff in what looked like a form of censorship in schools, the school district reversed its decision. "I think a lot of students feel they are marginalized in society. They’re teenagers. They don’t have many rights and they feel like they’re squished by adults and people in general," Cope said. "The student paper becomes an outlet for those feelings, and a way for students to explore their world." (Juliette Tang)

THE SCOTS EXPRESS


Last November, the principal of Carlmont High School in Belmont shut down the student paper, The Scots Express. School officials claimed that the paper lacked adequate faculty oversight after it published a satirical article about the writer’s sex appeal.

Editor-in-chief Alex Zhang fought back against what he saw as censorship and rejected school officials’ justifications. "I just wanted my paper back," he told the Guardian.

In response to the uproar over what many saw as a muzzling of the press, the Sequoia Union High School District began training Carlmont staff on First Amendment rights and mandated an overhaul of the school’s freedom of speech policy. The district is planning an expansion of its journalism programs in the school curriculum and a partnership with the San Francisco Peninsula Press Club.

Zhang is working on relaunching the publication in late March under the faculty oversight of English teacher Raphael Kauffmann. "You can’t have a democracy without freedom of information," Zhang said. "And I’m proud to be one of those young journalists who care about the freedom of information." (Joe Sciarrillo)

Advocacy

KATHI AUSTIN


As the Guardian chronicled in a cover story last year ("Hunting the lord of war," June 23, 2008), San Francisco-based human rights investigator Kathi Austin has spent almost two decades tracking down and exposing those who have made a business out of human rights violations.

Most recently, Austin helped bring the notorious Viktor Bout, a Russian entrepreneur accused of illegally trafficking weapons to brutal regimes from Colombia to the Congo.

"A human rights violation is considered a violation that is carried out by a state actor," Austin told the Guardian. "We were trying to change the whole field of human rights to philosophically say we should be going after these private perpetrators as well."

Thanks largely to Austin’s work, Bout was arrested in Thailand in March 2008 and will likely face criminal charges in the United States. Despite working in treacherous places like Angola and Rwanda, doing meticulous and time-consuming research, Austin said her approach is simple: "What’s wrong and who’s doing it?"

Her patience and persistent pursuit of international justice have led Austin to positions at the U.N., the World Bank, the Center for Human Rights, and the Council on Foreign Relations, to name a few. A Paramount picture featuring Angelina Jolie as Austin is reportedly in production — a fittingly karmic return of celebrity for someone who has worked so long under the public radar. (Breena Kerr)

Electronic access

MAPLIGHT.ORG


Once upon a time, before 2005, the only way to connect the dots between the dollars contributed to politicians and the special access and favorable laws they subsequently granted to contributors was to wade through reams of campaign finance filings. While everyone knew that money talked, few knew just how much campaign cash was dictating public policy.

But now, thanks to MAPlight.org, a Berkeley nonprofit that uses sophisticated analytical tools to produce visually pleasing, easy-to-use charts, there is now a fun, simple way to follow the money.

MAPlight began by putting up data connected to the pro-consumer bill informally known as the Car Buyer’s Bill of Rights. "The data showed that car dealers gave twice as much to Sacramento legislators who voted to kill the bill than to those who voted to pass it," executive director David Newman recalled.

Next, MAPlight pioneered the combination of campaign dollars and politicians’ votes when it launched its U.S. Congress site in May 2007. Most recently its research showed that House members who voted for the $700 billion financial bailout bill received 50 percent more money from the financial services industry than those who voted against it.

Newman plans to expand to all 50 states. "Wherever there is journalism to be done, MAPlight can provide support and help promote openness and transparency in government." (Sarah Phelan)


The Northern California Chapter of the Society of Professional Journalists hosts its annual James Madison Awards dinner March 18 in the New Delhi Restaurant, 160 Ellis St., SF. The no-host reception begins at 5:50 p.m. followed by dinner and the awards programs at 6:30 p.m. Tickets are $50 for SPJ members and $70 for non-members. For reservations or information, contact Freedom of Information Committee chair David Greene at (510) 208-7744 or dgreene@thefirstamendment.org or visit www.spjchapters.org/norcal.

San Francisco reactionaries and their crackdowns

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By Steven T. Jones

Fresh off of a nearly averted city crackdown on partying at the Bay to Breakers race, the Chronicle has back-to-back reports that city officials are planning to crackdown on nightlife and on impromptu dance parties, zombie infestations, pillow fights, and other flash mobs. Further embarrassing this city that once embraced parties is the fact that this threat has already made international news.

Why must city officials use threats and zero tolerance as their first resorts? Problems with trash and noise can be solved if there’s creative leadership in City Hall willing to work with the community, and leaders that value San Francisco’s unique, messy, and fun culture. Instead, we have the absentee and conflict-averse Mayor Gavin Newsom, shorttimer Police Chief Heather Fong, and Newsom’s dour, judgmental special events coordinator Martha Cohen playing reactionary roles, time and again.

Hugues de la Plaza controversy refuses to die

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Sonnez le claxon! (Sound the alarm!) Is Inspector Clouseau headed to SF to investigate the de la Plaza mystery?

Text by Sarah Phelan.

In a sign that the ghost of Hugues de la Plaza swirls restlessly around the city by the Bay—and will keep making headlines until his death is ruled a homicide and resolved–the New York Times ran a story about his case.

In another sign, de la Plaza’s ex-girlfriend, Melissa Nix, who attended last week’s Feb. 26 press conference looking Betty Paigesque thanks to a long dark mane and a lacy black top, and his handsomely graying father, Francois de la Plaza, continue to assert that Hugues, a French and American citizen, was murdered in his Hayes Valley apartment on June 2, 2007. (All of which suggests, citizens of San Francisco, that de la Plaza’s killer is still at large.)

And then there is the fact that the San Francisco Police Department took pains to clarify, the day before this press conference, that the San Francisco Medical Examiner concluded that the manner of De la Plaza’s death was “undetermined,” in face of claims, made by Nix and Francois de la Plaza, that French investigators have declared that Hugues death was 100 percent a homicide.

On Feb. 25–and the day before de la Plaza’s father announced a $100,000 reward (the proceeds of his son’s life insurance policy) for information about his son’s death, the SFPD issued a press release, stating that they wished to clarify certain public statements about Hugues de la Plaza’s death.

“The French police never took over the case with the sanction of the U.S. Department of Justice, as has been publicly stated,” the SFPD’s Public Affairs department wrote. It is simply policy, through international treaty, to report the case to DOJ. The San Francisco Police Department never declares deaths as homicides or suicides, and has never ruled the death as ‘suspicious’ as has been publicly stated. It is the Medical Examiner’s Office, not the police department, that determines a death as homicide, suicide, or death by natural causes. In this case, the Medical Examiner’s Office concluded that the manner of Mr. de la Plaza’s death was “undetermined.'”

“Although the Medical Examiner’s Office has classified Mr. de la Plaza’s death as an “undetermined’ death, the police department handles and investigates all ‘undetermined’ deaths as if they were homicides,” SFPD continued.

“It has been reported that the French investigating magistrate concluded that Mr. De la Plaza’s death was a homicide. Two of our most experienced investigators have been unable to respond to the French findings because we as yet have not been afforded the opportunity to review those findings, which have been communicated to Mr. de la Plaza’s family. A formal request for the French investigative file and their official conclusion is in progress.”

“San Francisco investigators continue to investigate the death in an impartial and far from ‘lackluster’ manner, as was publicly reported. The SFPD anticipates reviewing the French investigative documents once they are received and to continue to work with our French colleagues.”

At last week’s press conference, de la Plaza’s father said that French investigators had concluded that his son’s death was a homicide for a number of reasons, including the fact that the murder weapon had not been found and the angle of the knife wounds on his body precluded the possibility of suicide.

Score one for fun

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› steve@sfbg.com

City officials and race organizers have dropped plans for a crackdown on partying at the annual Bay to Breakers race in the face of a massive grassroots organizing effort that quickly generated more than 20,000 members opposed to the proposed bans on alcohol, floats, and nudity.

"We’re pleased with the outcome. I think it’s a victory," Ed Sharpless of the group Citizens for the Preservation of Bay2Breakers told the Guardian. "When you have over 20,000 people join your group in two weeks, it means something."

It means that people are tired of the string of crackdowns by Mayor Gavin Newsom (and his special events coordinator, Martha Cohen) that the Guardian has labeled the "Death of fun" (see "Death of fun, the sequel," 4/25/07), which have included canceling Halloween in the Castro District and placing restrictions on the Haight Ashbury Street Fair, How Weird Street Faire, North Beach Festival, North Beach Jazz Festival, and other events.

And the public outcry demonstrates that big events like Bay to Breakers don’t belong to the organizers and sponsors; they’ve become the property of the entire city.

Sharpless was part of a Feb. 27 meeting convened by the Mayor’s Office that included opponents of the crackdown, race organizers, neighborhood groups, and Sup. Ross Mirkarimi, who has been trying to balance complaints about public urination, drunkenness, and trash with his concerns about killing yet another party.

Afterward, the Mayor’s Office issued a statement indicating that floats would be allowed as long as they aren’t used to transport alcohol, urging Bay to Breakers participants to register for the race, and stating that alcohol consumption "will be subject to the laws of California. Race organizers will coordinate with the San Francisco Police Department to proactively remove kegs and glass bottles of alcohol from the race course."

While that alcohol policy was left deliberately vague, those involved with the negotiations and the May 17 event say drinking will be allowed as long as attendees don’t get out of control. As with alcohol, nudity isn’t specifically allowed, but it’s no longer explicitly banned.

"The issue was it had gotten out of hand last year," Sam Singer, a crisis communications specialist brought in by race organizers, told the Guardian. He said the race organizers wanted to put a stop to the mayhem and proposed the restrictions, but eventually agreed to work with the partyers this year.

"There was a request by the pro-float, pro-alcohol group to continue what had been a San Francisco tradition. Now it’s incumbent on them to register for the race so organizers can pay for it," he said. "This debate has created a positive social pressure to be a cool person and to be respectful of one’s self and one’s neighbors."

Opponents of the crackdown agree and say they will work to keep things under control. Or as Citizens for the Preservation of Bay2Breakers wrote in a public statement, "The problems with public drunkenness … we get it and agree. People, you need to act more responsibly. Pace yourself. It’s a long day. Don’t get out of hand and don’t ruin it for the majority of folks who are acting responsibly. Most importantly, take care of your friends and each other."

But there are still outstanding questions about whether race organizers (including for-profit corporations AEG and ING) are providing enough portable toilets and trash receptacles to avoid last year’s problems, concerns that were raised but not resolved on Feb. 26 during a permitting hearing before the city’s Interdepartmental Staff Committee on Traffic and Transportation.

Organizers told ISCOTT they would provide 650 portable toilet this year, compared to 550 last year, and that they would be more concentrated around problem areas such as Alamo Square and the Panhandle. But Sharpless told the committee that still wasn’t adequate, describing last year’s problems as "mostly a logistical issue" and saying the proposed crackdown and hiring of Singer, who often charges $400 per hour, were counterproductive.

"Why is it they bring in such a heavyweight to deal with this when they could have applied their resources to these logistical issues?" Sharpless told ISCOTT. "They want to take away the fun in San Francisco to make a buck."

Longtime runner Tony Rossman, who supports the crackdown, didn’t agree and told ISCOTT, "There is a one-word problem here and that is alcohol. And that requires public enforcement."

But Conor Johnstone, a runner who opposes the crackdown, told ISCOTT that banning alcohol was an attack on the character of the 97-year-old event, rather than dealing with the main stated problems. "I think an increase of 100 Porta-Potties is anemic at best," he said.

Jeremy Pollock, who was representing Sup. Mirkarimi, offered ISCOTT and race organizers a long list of suggestions to mitigate the problems, including using large capacity urinals, creating an end point with entertainment and Dumpsters for those with floats, and setting a cheaper registration tier for those who aren’t serious runners. "Nobody wants to see this race end," he said.

Opponents of the crackdown say they will continue working to resolve the outstanding issues.

"We’re not done, folks. There is still work to be done. Issues to be resolved. Details to be hammered out," Citizens for the Preservation of Bay2 Breakers wrote in a public statement. "What wasn’t discussed at the meeting and tabled for later discussion are the logistical deficiencies we still believe exist with race organizers’ plan for the event. Recent research by our group revealed that the New York Marathon sources 2,250 toilets for 39,000 participants in their race, while AEG race organizers source only 500 toilets for 65,000 participants in Bay to Breakers. Could it be that there are such massive issues with public urination because there simply aren’t enough toilets?"

Mirkarimi was happy with the agreement, but said it didn’t address the logistical concerns he’s been raising. "It’s a good step in the right direction. However, this is predicated on the trust that may not be felt until the day of the race. We were looking for specifics to improve this race."

Vanishing points

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› a&eletters@sfbg.com

ESSAY/REVIEW There is a wry but hilarious scene near the very end of Roberto Bolaño’s novel 2666 (Farrar, Straus and Giroux; 912 pages; $30), in which a French literary critic finds a German writer, Archimboldi, lodging at what the critic calls "a home for vanished writers." After checking into a room at the large estate, the elderly vanished writer wanders the grounds, meeting with the other vanished authors, residents whom Archimboldi finds friendly but increasingly eccentric. Gradually it dawns on Archimboldi that all is not as it seems. Walking back to the entrance gate, he sees, without surprise, a sign announcing that the estate is the "Mercier Clinic and Rest Home — Neurological Center." The home for vanished writers is an insane asylum.

As we enter the Obama era, with all its promise of "change," I’ve found it impossible to read 2666 without being haunted by the memory of those who vanished into the lunatic asylum of the long George W. Bush years — not just the nameless and unlucky left to rot in the Bush administration’s secret torture cells throughout the world, but also those who disappeared right here at home. For instance, a guy I worked with a couple of years ago. One day he was training me on the job, and a week or so later he was in a federal prison, labeled a "terrorist" — which in his case meant that he edited a Web site called Stop Huntingdon Animal Cruelty.

There were other ghosts, those who vanished after refusing to speak to grand juries. They were rumored to have gone over the border, or back to the land, or who knows where, their very names now superstitiously verboten to speak out loud, lest we bring the heat down on ourselves. Now that Obama is here and everybody is eager for "change," who will remember the once-bright hopes and dreams of the generation that beat the World Trade Organization in Seattle at the dawn of this decade — the hopes that would later be chased down and gassed and beaten by riot police under cover of media blackout in the streets of Miami, St. Paul, or countless other cities? Of course, there were the suicides and overdoses, and other kinds of disappearances, different but related, too: the abandoned novels, or the guitars taken to the pawnshop. Three people in my community jumped off bridges. Only one survived. The human toll of the Bush years in my life has been enormous.

Watching the celebrations in the streets of the Mission District on election night in November, I could tell all of this was soon to be trivia. I saw a virtually all-white crowd of completely wasted people take over the intersection at 19th and Valencia, shouting "Obama!" and dancing in the street. In one way, this scene was touching: the spontaneous gathering was a product of the true feelings of human hope that people have for a better world. Yet the moment already had the scripted feel of something self-conscious or mediated, like the Pepsi ad campaign it would soon become. I had a sinking realization: those of us who have spent eight years battling the post-9/11 mantra of Everything Is Different Now were now going to soon be up against a new era of, well, Everything Is Different Now.

The narratives we tell ourselves about our country are important. Just when a Truth and Reconciliation Committee is most needed to write a detailed narrative of the Bush era’s torture, spying, illegal war, and swindling, I could already see the opportunity for that kind of change slipping away into the blackout amnesia aftermaths of the street parties taking place all across the nation. The election of a president of the United States from among the ranks of the nation’s most oppressed minorities has offered the country a new triumphant storyline. We have symbolically redeemed our sins against civilian casualties and third world workers, without too much painful self-examination. I could see that Obama’s brand of change was really so seductive because it offered a chance to change the subject.

Like Ronald Reagan, elected while the U.S. was mired in recession and post-Vietnam soul-searching, Barack Obama developed campaign narratives that made the U.S. feel good about itself again. Obama guessed correctly that national morale is low partially because we don’t want to deal with the nameless guilt we feel from the atrocities Bush and company committed in our names. Accordingly, he stated during his campaign that he would not pursue criminal prosecution of members of the Bush administration. Nor has Obama questioned the preposterous idea that we can win either a War on Terror or the war in Afghanistan. If you think about it, "Yes We Can" — his campaign’s appeal to good old American can-do spirit — isn’t far off in substance from Bush’s faith-based convictions about U.S. power. Both Bush’s crusade to make democracy flower in the desert of Iraq and Obama’s notion that the auto industry could save itself — and the planet! — with electric cars are fantasies that appeal to our sense of pride about being the richest and most powerful.

When a country that is owned by China and is getting its ass kicked simultaneously by ragged guerilla armies in two of the most impoverished and backward parts of the world keeps finding new ways to tell itself that it’s the richest and most powerful country, it is in deep trouble.

When political leaders and journalists seek to generate false narratives for our consumption and comfort, the difficult task of remembering the truth falls to literature.

Roberto Bolaño completed 2666 in 2003, shortly before he died, too poor to receive a liver transplant, at the age of 50. Born in Chile, Bolaño counted himself a member of "the generation who believed in a Latin American paradise and died in a Latin American hell," and was himself something of a vanished writer. Briefly jailed during the 1973 coup in which Gen. Augusto Pinochet overthrew the popularly elected socialist government of Salvador Allende, Bolaño wandered in exile from Mexico City to Spain, working variously as a janitor and a dishwasher, entering obscure literary competitions advertised on the backs of magazines, while his generation was consumed by Pinochet’s secret prisons and torture cells.

Fittingly, disappearance is perhaps the main action of characters in Bolaño’s works, from the vanished fascist poet and skywriter in 1996’s Distant Star (published in English by New Directions in 2004) to the entire romantic generation of doomed Mexican poets and radicals followed across the span of decades and continents to its vanishing point in a desert of crushed hopes in 1998’s The Savage Detectives (published in English by Farrar, Straus and Giroux in 2007). In 2666, the terminally ill Bolaño wrote as if in an urgent race against the moment of his own departure, unwilling to leave anything out, as if he wanted to save an entire lost underworld from banishment. Taking on every genre from detective noir to the war novel to romantic comedy in an exhilarating, nearly 1,000-page race to the finish, the book is Bolaño’s epic of the disappeared.

The periphery of 2666 teems with Bolaño’s archetypal lost and doomed, a host of minor characters including a former Black Panther leader turned barbecue cook, various Russian writers purged by Stalin during World War II, a Spanish poet living out his days in an asylum, and an acclaimed British painter who cuts off his own hand. There are the usual obscure literary critics and lost novelists, and we even briefly meet an elderly African American man who calls himself "the last Communist in Brooklyn." This last communist could speak for all of Bolaño’s lost and departed when he explains why he presses on: "Someone has to keep the cell alive."

The book’s action, however, centers upon the unsolved serial killings of hundreds of women in the fictional Mexican border city of Santa Teresa during the late 1990s, events based on real-life unsolved killings in Juarez, Mexico. The majority of the women murdered in Juarez were workers at the new factories along the border with the United States, the unregulated maquiladoras that have sprung up in the wake of the North American Free Trade Agreement.

In the book’s longest section, "The Part about the Crimes," we learn the names, one by one, of 111 of these murdered women. In terse, police-blotter language, Bolaño describes the crime scenes — the girls’ clothing, their disappearances, and the police investigators’ attempts to construct the last hours of their lives. Their bodies are discovered slashed, stabbed, bound, gagged, and always raped, in ditches, landfills, alleys, or along the side of the highway. Seen from these vantage points, Bolaño’s Santa Teresa is a disjointed place, seemingly patched together from snatches of barely remembered nightmares. Shantytowns and illegal toxic dumps spring up everywhere in "the shadow of the horizon of the maquiladoras." It is a city that is "endless," "growing by the second," a new type of urban zone in a Latin America that has become a laboratory for free trade policy experiments. It is a city made unmappable by globalization.

Bolaño clearly intends the reader to see the disappearances as the inevitable byproduct of the cheapness of life in the maquiladora economy, yet the killings also eerily evoke the disappearances in fascist 1970s Chile and Argentina. These murders are an open secret, virtually ignored by the media. Residents almost superstitiously refer to them only as "the crimes." The Santa Teresa police respond to the killings with a staggering indifference and ineptitude that might suggest complicity. The maquiladoras are ominous, hulking windowless buildings often in the center of town, not unlike the torture cells once hidden in plain sight in Buenos Aires (Bolaño even names one of them EMSA, an obvious play on Argentina’s most notorious concentration camp, ESMA), and many of the women’s bodies are discovered in an illegal garbage dump called El Chile. 2666 suggests that the unrestrained capitalism of the free-trade era is the ideological descendent of the 1970s South America state repression from which Bolaño fled, and that the killings in Santa Teresa are in part a recreation of the Pinochet-era disappearances.

While the scenes Bolaño describes are grisly, his language is clinical, the cold camera eye of the lone detective gathering evidence. The collective impact of story after story starts to accrue into its own profoundly moral force. By giving name and face to hundreds of disappeared women, Bolaño suggests that literature is a political response, a way to make wrongs right by bearing witness. While it would certainly be a mistake to read 2666 strictly as a political tract, Bolaño explicitly ties writing to justice in a rambling digression about the African slave trade. A Mexican investigator of the killings points out that it was not recorded into history if a slave ship’s human cargo perished on the way to Virginia, but that it would be huge news in colonial America if there was even a single killing in white society: "What happened to (the whites) was legible, you could say. It could be written." For Bolaño, the search for justice is partially about who can be seen in print.

At a literary conference in Seville six months before his death, Bolaño joked that his literary stock might rise posthumously. Sure enough, Bolaño the man has, ironically, vanished after his untimely death, lost in the fog of fame in the English-speaking world. Mainstream critics call his work "labyrinthine" — perhaps English-language critics’ stock adjective for Latin American writers — in a rush to "discover" a new Borges. Bolaño was a high-school dropout who bragged of discovering literature by shoplifting books. He claimed to be a former heroin addict who hung out with the FMLN in El Salvador. His genius deserves comparison to the great Borges, but it’s safe to say that, unlike Borges, a literary lapdog of Argentina’s generals, Bolaño would never have addressed the military leaders of the fascist Argentine coup as "gentlemen." Bolaño wrote without a net, over the abyss of atrocity into which his generation vanished. He did so in an effort to make a literature that recorded for all time where the bodies were buried. As a female reporter in 2666 says, "No one pays attention to these killings, but the secret of the world is hidden in them."

The dangers of believing false narratives should be evident by now. In the wake of our current financial collapse, it is now widely understood that the U.S.’s sense of itself as the richest and most powerful nation in the world has been kept artificially afloat in the recent past by the import of cheap goods and credit from China. These cheap goods are manufactured under labor and environmental conditions much like those of Bolaño’s maquiladoras — conditions we tell ourselves we would never allow here at home, yet which are vital to our economic survival. Dealings with China have, instead, spread repressive tactics in reverse back to corporations from the United States, such as when Google memorably agreed to remove all reference to the 1989 Tiananmen Square massacre from its Google China site.

There is a crucial difference between hope and self-delusion. In its dogged search for uncomfortable truth, 2666 creates a hard-won hope that is different from the way in which that word manifests on the campaign trail. It respects the hope that truth matters, that staring it down can provide the shock of self-awareness that makes real change possible.

In the meantime, there is the hope of literature itself. In 2666, Bolaño devotes a scene to one of his disappeared characters, a Spanish poet who lives out his days in an insane asylum in the countryside. The poet’s doctor — who in a classically deadpan Bolaño twist tells us he is also the poet’s biographer — reflects on the asylum the poet has vanished into. "Someday we will all finally leave (the asylum) and this noble institution will stand abandoned," he says. "But in the meantime, it is my duty to collect information, dates, names. To confirm stories." *

Erick Lyle is the author of On The Lower Frequencies: A Secret History of The City, out now on Soft Skull Press.

Anthony B

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PREVIEW Keith Anthony Blair, also known as the fiery Rasta reggae sing-jay Anthony B, is becoming a multigenerational artist. The 33-year-old began recording in his late teens and over 15 years has helped usher in a cultural revival via a dozen albums, thousands of singles, and relentless touring. Still, he was surprised while on his last trip through Europe when promoters asked him start his shows early to accommodate his many preteen fans. "The shows were full of kids," Blair says, speaking by phone from Jamaica. "We had 10-, 12-, and 14 year-olds come out — that’s a fanbase for the next 10 years." Apparently the youth are drawn by Blair’s lively shows and enthusiastic recordings. "But they’ll go home and ask their parents what my lyrics were talking about. So a conversation can build in the home between the parents and the different generations over music."

Blair arrived on the reggae scene in the early-1990s among a Jamaican cultural contingent that included Luciano, Sizzla, and others. Blair and his camp stood out with their turban-wrapped locks and Bobo Ashanti Rastafarian faith — a sect that imposes restrictions on diet, conduct, and appearance — as well as songs that promoted a positive identity, equal rights, and gave a voice to the poor in Jamaica. After recording for Star Trail, Xterminator, and Fat Eyes, he formed his own Born Fire imprint and issued three self-produced full-lengths, including 2008’s brilliant Life Over Death. His music has always contained conscious content, dating back to 1995’s daring political indictment "Fire Pon Rome," a track recorded at considerable risk. "I’ve had to sidestep police," he explains.

Blair’s latest album, Rise Up (Greensleeves), continues that social justice thread: the title track is an acoustic number that echoes Bob Marley ("emancipate from mental slavery") and urges listeners to be mindful of global issues. With its innovative roots-meets-hip-hop production ("Stop Fight Reggae") and great combination tracks with Chezidek, Lukie D, and Horace Andy, Rise Up is an exemplary recording by a reggae artist that has no problem setting an example. "We have to go out into the world," Blair says, "and come back and show people what can achieved by doing good."

ANTHONY B With Native Elements. Tues/16, 9 p.m., $25. Independent, 628 Divisadero, SF. (415) 771-1422, www.theindependentsf.com

The pain of Newsom’s immigrant policies

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EDITOR’S NOTE: THIS STORY CONTAINS TWO CORRECTIONS.

By Deia de Brito

When a coalition of 30 immigrant rights organizations held a town hall meeting at Horace Mann Elementary School last week, Mayor Newsom skipped the session and sent an aide. That’s too bad-the testimony was chilling and the mayor might have learned something about the tragic consequences of his policies.

The San Francisco Immigrant Rights Defense Committee has been mobilizing since Newsom announced last July that the city would contact federal immigration authorities whenever youth suspected of being undocumented were arrested on felony charges. The key word is “arrested” – young people in this city are taken into custody and charged on thin or false evidence all the time. So an innocent person whose charges are later dropped could still face deportation.

Among those present were City Assessor Phil Ting, representatives of the San Francisco Police Department, the Immigrant Rights Commission, the Office of Civic Engagement and Immigrant Affairs, the San Francisco Unified School District, and supervisors David Chiu, David Campos, Eric Mar, and John Avalos.

“The biggest problem was that the mayor didn’t attend,” said SFIRDC organizer and Asian Law Caucus attorney Angela Chan. “There’s been no discussion about a policy that has had such a huge impact on the immigrant community.”

And there’s no doubt, based on what we heard that day, that the impact is indeed huge – and disturbing.

“ICE came to my home and took five people, including my husband. He’s in jail and I don’t know when he’ll be home,” said a Mission District resident. Similar stories echoed across the room. Fear and uncertainty were tangible.

Russoniello and Ryan in the cross hairs

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Text by Sarah Phelan.

As the city searches for a new police chief, the Board of Supervisors is intensifying efforts to oust the US Attorney for Northern California, Joseph Russoniello, and the former US Attorney for Northern California, Kevin Ryan, who is currently Mayor Gavin Newsom’s top crime advisor, and replace them with folks more in tune with San Francisco values.

Ryan and Russoniello, who were both appointed a year ago, have come under increasing scrutiny since July, when the mayor ordered the city to report undocumented youth to federal authorities the minute these youth are arrested on suspicion of committing a felony.

Immigrant rights groups nationwide have decried Newsom’s decision as robbing youth of their right to due process. But, city insiders say Newsom is refusing to reopen the conversation, in face of a Grand Jury investigation that Russoniello convened. Russoniello has claimed that the city’s previous policy direction, which included flying Honduran youth back to their families, was tantamount to harboring and thus was a violation of federal law.

At last Tuesday’s Board meeting, Sups. David Campos, John Avalos, Chris Daly, Eric Mar, Ross Mirkarimi and Board President David Chiu introduced a resolution urging President Barack Obama and Senators Barbara Boxer and Dianne Feinstein to appoint a new U.S. Attorney for the Northern District of California.

The resolution cites five examples that “highlight Mr. Russoniello’s questionable judgment,” and states that the Board “recognizes the importance of having a U.S. Attorney that understands San Francisco’s diversity, values and commitment to equal justice, especially as s/he works closely with the City’s law enforcement agencies on public safety measures. The resolution also observes that the Board “has a duty to safeguard the well being of its residents and ensure their equal protection.”

The next night, Campos, who came from Guatemala to this country at age 14 as an undocumented immigrant, joined speakers at an immigrant rights forum that denounced recent changes in the sanctuary city ordinance, called for the ouster of Kevin Ryan and expressed disappointment that Newsom did not attend the forum.

“I understand Newsom sent a representative and I appreciate that, but for a lot of people it would have meant a lot if the mayor had attended himself,” Campos told the Guardian.

With the heat on Newsom locally and statewide—many voters in the upcoming gubernatorial race are of immigrant descent and/or have undocumented relatives here—will the mayor meet community members face to face? Or is he afraid of alienating the powerful Police Officers Association and losing vital campaign contributions?

Mayoral spokesperson Nathan Ballard reportedly told the Chronicle that, “the mayor supports Ryan but ‘is willing and eager to listen to feedback from the community.”

Asked if the Mayor has scheduled a meeting yet, Campos told the Guardian, “Newsom has said he wants to meet with me and members of the community, so until I hear otherwise, I will believe that is what is going to happen.”

Stay tuned.

Notes from the Politics blog

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If you’ve been reading the Guardian‘s Politics blog, you know that battles between and within some major California labor unions — including Service Employees International Union, SEIU’s United Healthcare Workers, the newly formed National Union of Healthcare Workers, and the California Nurses Association — are dividing the movement at a crucial time for progressive politics.

From important federal legislation such as the landmark Employee Free Choice Act to state legislation like the single-payer healthcare bill that Sen. Mark Leno plans to reintroduce in the coming months, philosophical and turf battles between unions have hurt labor’s ability to successfully counter corporate power.

"The fight inside SEIU [involving all four unions mentioned above] is one that is going to hurt our ability to pursue and pass legislation important not just to health care workers but workers in general," labor writer David Bacon told the Guardian. "There’s lots of energy going into jurisdictional battles and I think employers will use this fight against us … Sometimes it feels like we’re going backward."

But the battles continue. On Feb. 18, NUHW plans to picket outside UHW’s Oakland offices, protesting SEIU’s efforts to hinder NUHW organizing efforts (which we discuss more online). Philosophical differences between SEIU (which has close relationships with national corporate and political leaders) and unions like NUHW and CNA (which take more adversarial roles with employers and push for fundamental reforms such as single-payer health care) animate the debate.

Meanwhile, even more radicalized unions such as the International Longshore Workers Union have increasingly taken strong stances on immigrant rights and social justice issues like the BART police shooting of passenger Oscar Grant, which they discussed at a Feb. 14 rally that featured UC Santa Cruz professor and activist Angela Davis.

For more on the unfolding labor movement battles and what it means for progressive politics, keep reading the Guardian‘s Politics blog.

Money talks

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› news@sfbg.com

The economy’s a mess, and the housing crisis, financial meltdown, and skyrocketing unemployment rates have left a lot of San Franciscans short of cash. But the flow of big downtown money into political campaigns hasn’t slowed a bit.

In fact, a tally of all 2008 monetary and in-kind political contributions logged in the SF Ethics Commission Campaign Finance Database shows that even in the face of the worst financial crisis since the Great Depression, money spent on local political campaigns in the city swelled to a whopping $20.6 million. That grand total, which does not include loans or so-called "soft money" like independent expenditures, is higher than that of any previous year recorded in the Ethics database, which tracks campaign spending back to 1998.

A review of the entire database paints of picture of how influence money flows in San Francisco: Six of the top 10 donors over the past 10 years are big businesses and downtown organizations that promote the same conservative political agenda. The campaign cash often wound up in the same few political pots — a handful of supervisorial campaigns and some coordinated political action committees.

And despite spending ungodly sums of money, downtown lost more races than it won.

More than half the total money spent in 2008 came from one source: Pacific Gas and Electric Co., which plunked down $10.2 million last fall for the No on Proposition H campaign against the San Francisco Clean Energy Act. That November ballot measure, which lost under PG&E’s barrage, would have paved the way for public power, initiating a process to make the city the primary provider of electric power in San Francisco with a goal of 50 percent clean-energy generation by 2017.

The powerful utility wasn’t only the biggest spender last year — it claims the No. 1 slot on a list of all campaign contributions spanning from 1998 to 2008, which the Guardian compiled using Ethics data. PG&E dropped a juicy $14.7 million into local political campaigns over that period, beating out runner-up Clint Reilly by more than $10 million.

Below are brief introductions to the 10 biggest spenders, 1998-2008.

They’ve got the power. The colossal sums PG&E has forked over to influence ballot measures over the years puts the utility in a category all its own. SF isn’t the only municipality where the company has poured millions into defeating a public power proposal. In 2006, when Yolo County put measures on the ballot to expand the Sacramento Municipal Utility District (SMUD), which would have edged PG&E out of the service area, the utility spent $11.3 million to try and keep it from happening.

Pay to the order of Clint Reilly. Reilly, the former political consultant, now runs a successful real estate company. While his name routinely comes up on the roster of campaign contributors, he owes his status as No. 2 to his 1999 campaign for SF mayor, into which he poured some $3.5 million of his own money. "Most of the money we give is for Democratic candidates or progressive politicians, or neighborhood-oriented issues," said Reilly, who also served as president of the board of Catholic Charities.

Committee on really high-paying jobs? Third in line is the Committee on Jobs, a political action committee that aims to influence local legislation affecting business interests. The PAC is bankrolled in part by the Charles Schwab Corporation, Gap, Inc., and Gap founder Don Fisher — all of whom surface on their own in our Top 30 list. With a grand total just shy of $3 million, the committee coughed up about $100,000 in campaign-related spending in 2008. Much of that funding went to similar political entities, including the SF Coalition for Responsible Growth, the SF Chamber of Commerce 21st Century Committee, and the SF Taxpayers Union PAC (see "Downtown’s Slate," 10/15/2008). This past November, the COJ also backed the Community Justice Court Coalition, formed to pass Proposition L, which would have guaranteed first-year funding for Mayor Gavin Newsom’s small-crimes court in the Tenderloin. Prop. L failed by 57 percent.

Bluegrass billionaire. San Francisco investment banker and billionaire Warren Hellman has dropped nearly $1.2 million over the years into local political campaigns, our results show. Dubbed "the Warren Buffet of the West Coast" by Business Week for his sharp financial prowess, Hellman co-founded Hellman and Friedman, an investment firm, in 1984. Hellman is known for putting on Hardly Strictly Bluegrass, an annual SF music festival. While he tends to contribute to downtown business entities such as the Committee on Jobs and the Golden Gate Restaurant Association, in 2008 he devoted $100,000 to supporting a June ballot measure, Proposition A, that increased teacher salaries and classroom support by instating a parcel tax to amp up funding for public schools.

Fisher king. Don Fisher, founder and former CEO of Gap, Inc., is another one of SF’s resident billionaires. While Gap, Inc. turns up in 17th place in our results, Fisher himself has poured more than $1.1 million into entities such as the Committee on Jobs, SFSOS, the San Franciscans for Sensible Government Political Action Committee, and other conservative business groups. Fisher’s total includes money from the "DDF Y2K family trust," a Fisher family fund that shows up in Ethics records in 2000. In that year, $100,000 from that trust went to support the Committee on Jobs’ candidate advocacy fund, and another $40,000 went to a pro-development group called San Franciscans for Responsible Planning.

Not a very affordable campaign, either. Sixth up is Lennar Homes, the developer behind the massive home-building project at Hunters Point Shipyard, which the Guardian has covered extensively. The vast majority of its $1 million reported spending was directed to No on Prop. F, a campaign sponsored by Lennar to defeat a June ballot measure that would have created a 50 percent affordable-housing requirement for the Candlestick Point and Hunters Point Shipyard development project. The measure failed, with 63 percent voting it down.

Chuck’s bucks. Charles Schwab Corp., which set up shop in San Francisco in the mid-1970s, is an investment banking firm that reports having $1.1 trillion in total client assets. The corporation ranks seventh in our Top 30 list, with some $973,000 in donations. In 27th place is Charles R. Schwab himself, the company’s founder and chairman of the board (and the guy they’re referring to in those "Talk to Chuck" billboards posted all over SF). If Schwab’s individual and corporate donations were combined, the total would be enough to bump Warren Hellman out of fourth place. Schwab’s dollars are infused into the Committee on Jobs, the San Francisco Association of Realtors, the Golden Gate Restaurant Association, SF SOS, and other downtown-business interest organizations. "We’re a major company here in the Bay Area and a major employer," company spokesperson Greg Gable told the Guardian. "We’re interested in political matters across the board — it’s not limited to any one party." But it’s limited to one pro-downtown point of view.

The brass. The San Francisco Police Officer’s Association is another major player, spending some $913,000 since 1998 on political campaigns. The organization backed candidates Carmen Chu, Myrna Lim, Joseph Alioto, Denise McCarthy, and Sue Lee for supervisors in 2008, contributions show. All but Chu lost.

At your service. SEIU Local 1021 and SEIU 790 crop up frequently in Ethics data, with a grand total of about $860,000 in spending over the years. SEIU representatives recently turned out en masse at a Board of Supervisors meeting to urge the supervisors to support a June 2 special election to raise taxes in order to boost city revenues and save critical services from the hefty budget cuts that are coming down the pipe.

Friends in high places. No real surprises here: the Friends and Foundation of the San Francisco Public Library contributed its money to, well, ballot measures that would have affected the library. In 2000, for example, the F and F plunked $265 thousand into an effort called the "Committee to Save Branch Libraries — Yes on Prop. A."

Top 30 San Francisco campaign donors, 1998-2008

1. Pacific Gas & Electric $14,831,486
2. Clint Reilly $4,138,089
3. Committee on Jobs $2,970,857
4. Warren F. Hellman $1,191,970
5. Don Fisher (incl. Don & Doris Fisher Y2K trust) $1,164,286
6. Lennar Homes $1,002,861
7. Charles Schwab Corporation $973,176
8. S.F. Police Officers Association $913,834
9. SEIU Local 1021 & SEIU Local 790 $860,979
10. Friends & Foundation of the S.F. Public Library $858,082
11. California Academy of Sciences $818,154
12. Residential Builders Association of S.F. $753,857
13. Steven Castleman $665,254
14. S.F. Association of Realtors $647,299
15. S.F. Chamber of Commerce $614,824
16. SEIU United Health Care Workers West & Local 250 $585,937
17. Gap, Inc. $573,959
18. California Issues PAC $556,238
19. Corporation of the Fine Arts Museums $541,474
20. Wells Fargo $464,899
21. Building Owners & Managers Association of S.F. $464,027
22. Bank of America $429,316
23. Golden Gate Restaurant Association $422,685
24. SF SOS $407,491
25. AT&T Inc. and affiliates $404,704
26. Clear Channel $391,783
27. Charles R. Schwab (individual) $362,250
28. Yellow Cab Cooperative $344,907
29. S.F. Apartment Association $280,376
30. San Franciscans for Sensible Government PAC $279,009

Public safety adrift

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› sarah@sfbg.com

Shortly into his first term as mayor, Gavin Newsom told a caller on talk radio — who was threatening to start a recall campaign if the mayor didn’t solve the city’s homicide problem — that Newsom might sign his own recall petition if he didn’t succeed in reducing violent crime.

But Newsom didn’t reduce violence — indeed, it spiked during his tenure — nor did he hold himself or anyone else accountable. Guardian interviews and research show that the city doesn’t have a clear and consistent public safety strategy. Instead, politics and personal loyalty to Newsom are driving what little official debate there is about issues ranging from the high murder rate to protecting immigrants.

The dynamic has played out repeatedly in recent years, on issues that include police foot patrols, crime cameras, the Community Justice Court, policies toward cannabis clubs, gang injunctions, immigration policy, municipal identification cards, police-community relations, reform of San Francisco Police Department policies on the use of force, and the question of whether SFPD long ago needed new leadership.

Newsom’s supporters insist he is committed to criminal justice. But detractors say that Newsom’s political ambition, management style, and personal hang-ups are the key to understanding why, over and over again, he fires strong but politically threatening leaders and stands by mediocre but loyal managers. And it explains how and why a vacuum opened at the top of the city’s criminal justice system, a black hole that was promptly exploited by San Francisco-based U.S. Attorney Joseph Russoniello, who successfully pressured Newsom to weaken city policies that protected undocumented immigrants accused of crimes.

Since appointing Heather Fong as chief of the San Francisco Police Department in 2004, Newsom has heard plenty of praise for this hardworking, morally upright administrator. But her lack of leadership skills contributed to declining morale in the ranks. So when he hired the conservative and controversial Kevin Ryan as director of the Mayor’s Office of Criminal Justice — the only U.S. Attorney fired for incompetence during the Bush administration’s politicized 2006 purge of the Department of Justice, despite Ryan’s statements of political loyalty to Bush — most folks assumed it was because Newsom had gubernatorial ambitions and wanted to look tough on crime.

Now, with Fong set to retire and a new presidential administration signaling that Russoniello’s days may be numbered, some change may be in the offing. But with immigrant communities angrily urging reform, and Newsom and Ryan resisting it, there are key battles ahead before San Francisco can move toward a coherent and compassionate public safety strategy.

SHIFTING POLICIES


The combination of Ryan, Fong, and Newsom created a schizophrenic approach to public policy, particularly when it came to immigrants. Fong supported the sanctuary city policies that barred SFPD from notifying federal authorities about interactions with undocumented immigrants, but Ryan and many cops opposed them. That led to media leaks of juvenile crime records that embarrassed Newsom and allowed Russoniello and other conservatives to force key changes to this cherished ordinance.

Russoniello had opposed the city’s sanctuary legislation from the moment it was introduced by then Mayor Dianne Feinstein in the 1980s, when he serving his first term as the U.S. Attorney for Northern California. But it wasn’t until two decades later that Russoniello succeeded in forcing Newsom to adopt a new policy direction, a move that means local police and probation officials must notify federal authorities at the time of booking adults and juveniles whom they suspect of committing felonies

Newsom’s turnabout left the immigrant community wondering if political ambition had blinded the mayor to their constitutional right to due process since his decision came on the heels of his announcement that he was running for governor. Juvenile and immigrant advocates argue that all youth have the right to defend themselves, yet they say innocent kids can now be deported without due process to countries where they don’t speak the native language and no longer have family members, making them likely to undertake potentially fatal border crossings in an effort to return to San Francisco.

Abigail Trillin of Legal Services for Children, cites the case of a 14-year-old who is in deportation proceedings after being arrested for bringing a BB gun to school. "He says he was going to play with it in the park afterwards, cops and robbers," Trillin says. "His deportation proceedings were triggered not because he was found guilty of a felony, but because he was charged with one when he was booked. He spent Christmas in a federal detention facility in Washington state. Now he’s back in San Francisco, but only temporarily. This boy’s family has other kids, they are part of our community. His father is a big, strong man, but every time he comes into our office to talk, he is in tears."

Another client almost got referred to U.S. Immigration and Custom Enforcement (ICE) even though he was a victim of child abuse. And a recent referral involved a kid who has been here since he was nine months old. "If the mayor genuinely wants to reach out to the immigrant community, he needs to understand how this community has perceived what has happened," Trillin said. "Namely, having a policy that allows innocent youth to be turned over to ICE."

Social workers point out that deporting juveniles for selling crack, rather than diverting them into rehabilitation programs, does nothing to guarantee that they won’t return to sell drugs on the streets. And making the immigrant community afraid to speak to law enforcement and social workers allows gangs and bullies to act with impunity.

"This is bad policy," Trillin stated. "Forget about the rights issues. You are creating a sub class. These youths are getting deported, but they are coming back. And when they do, they don’t live with their families or ask for services. They are going far underground. They can’t show up at their family’s home, their schools or services, or in hospitals. So the gang becomes their family, and they probably owe the gang money."

Noting that someone who is deported may have children or siblings or parents who depend on them for support, Sup. John Avalos said, "There need to be standards. The city has the capability and knows how to work this out. I think the new policy direction was a choice that was made to try and minimize impacts to the mayor’s career."

But Matt Dorsey, spokesperson for the City Attorney’s Office, told the Guardian that the Sanctuary City ordinance never did assure anyone due process. "The language actually said that protection did not apply if an individual was arrested for felony crimes," Dorsey said. "People have lost sight of the fact that the policy was adopted because of a law enforcement rationale, namely so victims of crime and those who knew what was going on at the street level wouldn’t be afraid to talk to police."

Angela Chan of the Asian Law Caucus, along with the San Francisco Immigrant Rights Defense Committee, a coalition of more than 30 community groups, has sought — so far in vain — to get the city to revisit the amended policy. "The city could have reformulated its ordinance to say that we’ll notify ICE if kids are found guilty, do not qualify for immigration relief, and are repeat or violent offenders," Chan said. "That’s what we are pushing. We are not saying never refer youth. We are saying respect due process."

Asked if Newsom will attend a Feb. 25 town hall meeting that immigrant rights advocates have invited him to, so as to reopen the dialogue about this policy shift, mayoral spokesperson Nathan Ballard told the Guardian, "I can’t confirm that at this time."

Sitting in Newsom’s craw is the grand jury investigation that Russoniello convened last fall to investigate whether the Juvenile Probation Department violated federal law. "Ever since the City found out that the grand jury is looking into it, they brought in outside counsel and everything is in deep freeze," an insider said. "The attitude around here is, let the whole thing play out. The city is taking it seriously. But I hope it’s a lot of saber rattling [by Russoniello’s office]."

Dorsey told the Guardian that "the only reason the city knew that a grand jury had been convened was when they sent us a subpoena for our 1994 opinion on the Sanctuary City policy, a document that was actually posted online at our website. Talk about firing a shot over the bow!"

Others joke that one reason why the city hired well-connected attorney Cristina Arguedas to defend the city in the grand jury investigation was the city’s way of saying, ‘Fuck You, Russoniello!" "She is Carole Migden’s partner and was on O.J. Simpson’s dream team," an insider said. "She and Russoniello tangled over the Barry Bonds stuff. They hate each other."

Shannon Wilber, executive director of Legal Services for Children, says Russoniello’s theory seems to be that by providing any services to these people, public or private, you are somehow vioutf8g federal statutes related to harboring fugitives. "But if you were successful in making that argument, that would make child protection a crime," Wilber says, adding that her organization is happy to work with young people, but it has decided that it is not going to accept any more referrals from the Juvenile Probation Department.

"We no longer have the same agenda," Wilber said. "Our purpose in screening these kids is to see if they qualify for any relief, not to deport people or cut them off from services."

Wilber’s group now communicates with the Public Defender’s Office instead. "Between 80 and 100 kids, maybe more, have been funneled to ICE since this new policy was adopted," Wilber said. "This is creating an under class of teens, who are marginalized, in hiding and not accessing educational and health services for fear of being stopped and arrested for no good reason, other than that their skin is brown and they look Latino".

Wilber understands that the new policy direction came from the Mayor’s Office, in consultation with JPD, plus representatives from the US Attorney’s office and ICE. "They bargained with them," Wilber said. "They basically said, what are you guys going to be satisfied with, and the answer was that the city should contact them about anyone who has been charged and booked with a felony, and who is suspected of being undocumented."

She hopes "something shifts" with the new administration of President Barack Obama, and that there will be "enough pressure in the community to persuade the Mayor’s Office to at least amend, if not eliminate, the new policy," Wilber said "The cost of what the city is doing, compared to what it did, is the flashing light that everyone should be looking at."

"It costs so much more to incarcerate kids and deport them, compared to flying them home," she explained. "And we have cast a pall over the entire immigrant community. It will be difficult to undo that. Once people have been subjected to these tactics, it’s not easy to return to a situation of trust. We are sowing the seeds of revolution."

WEAKEST LINK


When Newsom tapped Republican attorney Kevin Ryan to head the Mayor’s Office of Criminal Justice a year ago, the idea was that this high-profile guy might bring a coherent approach to setting public safety policy, rather than lurch from issue to issue as Newsom had.

Even City Attorney Dennis Herrera, who isn’t considered close to Newsom, praised the decision in a press release: "In Kevin Ryan, Mayor Newsom has landed a stellar pick to lead the Mayor’s Office of Criminal Justice. Kevin has been a distinguished jurist, an accomplished prosecutor, and a valued partner to my office in helping us develop protocols for civil gang injunctions. San Franciscans will be extremely well served by the talent and dedication he will bring to addressing some of the most important and difficult problems facing our city."

But the choice left most folks speechless, particularly given Ryan’s history of prosecuting local journalists and supporting federal drug raids. Why on earth had the Democratic mayor of one of the most liberal cities in the nation hired the one and only Bush loyalist who had managed to get himself fired for being incompetent instead of being disloyal like the other fired U.S. Attorneys?

The answer, from those in the know, was that Newsom was seriously flirting with the idea of running for governor and hired Ryan to beef up his criminal justice chops. "If you are going to run for governor, you’ve got to get to a bunch of law and order people," one insider told us.

Ryan proceeded to upset civil libertarians with calls to actively monitor police surveillance cameras (which can only be reviewed now if a crime is reported), medical marijuana activists with recommendations to collect detailed patient information, and immigrant communities by delaying the rollout of the municipal identity card program.

"In the long run, hopefully, dissatisfaction with Ryan will grow," Assembly Member Tom Ammiano told us last year when he was a supervisor. "He could become a liability for [Newsom], and only then will Newsom fire him, because that’s how he operates."

Others felt that Ryan’s impact was overstated and that the city continued to have a leadership vacuum on public safety issues. "What has happened to MOCJ since Ryan took over?" one insider said. "He doesn’t have much of a staff anymore. No one knows what he is doing. He does not return calls. He has no connections. He’s not performing. Everyone basically describes him with the same words – paranoid, retaliatory, and explosive – as they did during the investigation of the U.S. attorneys firing scandal."

"I’ve only met him three times since he took the job," Delagnes said. "I guess he takes his direction from the mayor. He’s supposed to be liaison between Mayor’s Office and the SFPD. When he accepted the job, I was, OK, what does that mean? He has never done anything to help or hinder us."

But it was when the sanctuary city controversy hit last fall that Ryan began to take a more active role. Sheriff’s Department spokesperson Eileen Hirst recalls that "MOCJ was essentially leaderless for five years, and Ryan was brought in to create order and revitalize the office. And the first thing that really happened was the controversy over handling undocumented immigrant detainees."

One prime example of Ryan’s incompetence was how it enabled Russoniello to wage his successful assault on the city’s cherished sanctuary ordinance last year. Internal communications obtained by the Guardian through the Sunshine Ordinance show efforts by the Newsom administration to contain the political damage from reports of undocumented immigrants who escaped from city custody.

Newsom solidly supported the Sanctuary City Ordinance during his first term, as evidenced by an April 2007 e-mail that aide Wade Crowfoot sent to probation leaders asking for written Sanctuary City protocols. But these demands may have drawn unwelcome attention.

"This is what caused the firestorm regarding undocumented persons," JPD Assistant Chief Allen Nance wrote in August 2008 as he forwarded an e-mail thread that begins with Crowfoot’s request.

"Agreed," replied probation chief William Siffermann. "The deniability on the part of one is not plausible."

Shortly after Ryan started his MOCJ gig, the Juvenile Probation Department reached out to him about a conflict with ICE. They asked if they could set up something with the U.S. Attorney’s Office but the meeting got canceled and Ryan never rescheduled it.

Six weeks passed before the city was hit with the bombshell that another San Francisco probation officer had been intercepted at Houston Airport by ICE special agents as he escorted two minors to connecting flights to Honduras. They threatened him with arrest.

"Special Agent Mark Fluitt indicated that federal law requires that we report all undocumenteds, and San Francisco Juvenile Court is vioutf8g federal law," JPD’s Carlos Gonzalez reported. "Although I was not arrested, the threat was looming throughout the interrogation."

Asked to name the biggest factors that influenced Newsom’s decision to shift policy, mayoral spokesperson Nathan Ballard cites a May 19 meeting in which Siffermann briefed the mayor about JPD’s handling of undocumented felons on matters related to transportation to other countries and notification of ICE.

"That morning Mayor Newsom directed Siffermann to stop the flights immediately," Ballard told the Guardian. "That same morning the mayor directed Judge Kevin Ryan to gather the facts about whether JPD’s notification practices were appropriate and legal. By noon, Judge Ryan had requested a meeting with ICE, the U.S. Attorney, and Chief Siffermann to discuss the issue. On May 21, that meeting occurred at 10:30 a.m. in Room 305 of City Hall."

Ballard claims Ryan advised the mayor that some of JPD’s court-sanctioned practices might be inconsistent with federal law and initiated the process of reviewing and changing the city’s policies in collaboration with JPD, ICE, the U.S. Attorney, and the City Attorney.

Asked how much Ryan has influenced the city’s public safety policy, Ballard replied, "He is the mayor’s key public safety adviser."

Records show Ryan advising Ballard and Ginsburg to "gird your loins in the face of an August 2008 San Francisco Chronicle article that further attacked the city’s policy. "Russoniello is quoted as saying, "This is the closest thing I have ever seen to harboring,’" Ryan warned. And that set the scene for Newsom to change his position on Sanctuary City.

PUSHED OR JUMPED?


When Fong, the city’s first female chief and one of the first Asian American women to lead a major metropolitan police force nationwide, announced her retirement in December, Police Commission President Theresa Sparks noted that she had brought "a sense of integrity to the department." Fellow commissioner David Onek described her as "a model public servant" and residents praised her outreach to the local Asian community.

Fong was appointed in 2004 in the aftermath of Fajitagate, a legal and political scandal that began in 2002 with a street fight involving three off-duty SFPD cops and two local residents, and ended several years later with one chief taking a leave of absense, another resigning, and Fong struggling to lead the department. "It’s bad news to have poor managerial skills leading any department. But when everyone in that department is waiting for you to fail, then you are in real trouble," an SFPD source said.

Gary Delagnes, executive director of the San Francisco Police Officers Association, hasn’t been afraid to criticize Fong publicly, or Newsom for standing by her as morale suffered. "Chief Fong has her own style, a very introverted, quiet, docile method of leadership. And it simply hasn’t worked for the members of the department. A high percentage [of officers] believe change should have been made a long time ago."

But Newsom refused to consider replacing Fong, even as the stand began to sour his relationship with the SFPOA, which has enthusiastically supported Newsom and the mayor’s candidates for other city offices.

"The day the music died," as Delagnes explains it, was in the wake of the SFPD’s December 2005 Videogate scandal. Fong drew heavy fire when she supported the mayor in his conflict with officer Andrew Cohen and 21 other officers who made a videotape for a police Christmas party. Newsom angrily deemed the tape racist, sexist, and homophobic at a press conference where Fong called the incident SFPD’s "darkest day."

"Heather let the mayor make her look like a fool. Who is running this department? And aren’t the department’s darkest days when cops die?" Delagnes said, sitting in SFPOA’s Sixth Street office, where photographs and plaques commemorate officers who have died in service.

Delagnes supports the proposal to give the new chief a five-year contract, which was part of a package of police reforms recommended by a recent report that Newsom commissioned but hasn’t acted on. "You don’t want to feel you are working at the whim of every politician and police commission," Delagnes said. But he doubts a charter amendment is doable this time around, given that the Newsom doesn’t support the idea and Fong has said she wants to retire at the end of April.

"I’d like to see a transition to a new chief on May 1," Delagnes said. "And so far, there’s been no shortage of applications. Whoever that person is, whether from inside or outside [of SFPD], must be able to lead us out of the abysmally low state of morale the department is in."

Delagnes claims that police chiefs have little to do with homicide rates, and that San Francisco is way below the average compared to other cities. "But when that rate goes from 80 to 100, everyone goes crazy and blames it on the cops. None of us want to see people killed, but homicides are a reality of any big city. So what can you do to reduce them? Stop them from happening."

But critics of SFPD note that few homicide cases result in arrests, and there is a perception that officers are lazy. That view was bolstered by the case of Hugues de la Plaza, a French national who was living in San Francisco when he was stabbed to death in 2007. SFPD investigators suggested it was a suicide because the door was locked from the inside and did little to thoroughly investigate, although an investigation by the French government recently concluded that it was clearly a homicide.

Delagnes defended his colleagues, saying two of SFPD’s most experienced homicide detectives handled the case and that "our guys are standing behind it."

A NEW DIRECTION?


Sparks said she didn’t know Fong was planning to retire in April until 45 minutes before Chief Fong made the announcement on Newsom’s December 20 Saturday morning radio show. "I think she decided it was time," Sparks told the Guardian. "But she’s not leaving tomorrow. She’s waiting so there can be an orderly transition."

By announcing she will be leaving in four months, Fong made it less likely that voters would have a chance to weigh in on the D.C.-based Police Executives Reform Forum’s recommendation that the next SFPD chief be given a five-year contract.

"The mayor believes that the chief executive of a city needs to have the power to hire and fire his department heads in order to ensure accountability," Newsom’s communications director Nathan Ballard told the Guardian.

According to the city charter, the Police Commission reviews all applications for police chief before sending three recommendations to the mayor. Newsom then either makes the final pick, or the process repeats. This is same process used to select Fong in 2004, with one crucial difference: the commission then was made up of five mayoral appointees. Today it consists of seven members, four appointed by the mayor, three by the Board of Supervisors.

Last month the commission hired Roseville-based headhunter Bob Murray and Associates to conduct the search in a joint venture with the Washington-based Police Executive Research Forum, which recently completed an organizational assessment of the SFPD. Intended to guide the SFPD over the next decade, the study recommends expanding community policies, enhancing information services, and employing Tasers to minimize the number of deadly shootings by officers.

"The mayor tends to favor the idea [of Tasers] but is concerned about what he is hearing about the BART case and wants closer scrutiny of the issue," Ballard told us last week.

Potential candidates with San Francisco experience include former SFPD deputy chief Greg Suhr, Taraval Station Captain Paul Chignell, and San Mateo’s first female police chief, Susan Manheimer, who began her career with the SFPD, where her last assignment was as captain of the Tenderloin Task Force.

"It would be wildly premature to comment on the mayor’s preference for police chief at this time," Ballard told the Guardian.

Among the rank and file, SFPD insider Greg Suhr is said to be the leading contender. "He’s very politically connected, and he is Sup. Bevan Dufty’s favorite," said a knowledgeable source. "The mayor would be afraid to not get someone from the SFPD rank and file."

Even if Newsom is able to find compromise with the immigrant communities and soften his tough new stance on the Sanctuary City policy, sources say he and the new chief would need to be able to stand up to SFPD hardliners who push back with arguments that deporting those arrested for felonies is how we need to get rid of criminals, reduce homicides, and stem the narcotics trade.

"The police will say, you have very dangerous and violent potential felons preying on other immigrants in the Mission and beyond," one source told us. "They would say [that] these are the people who are dying. So if you are going to try and take away our tools — including referring youth to ICE on booking — then we will fight and keep on doing it."

While that attitude is understandable from the strictly law and order perspective, is this the public safety policy San Francisco residents really want? And is it a decision based on sound policy and principles, or merely political expediency?

Sup. David Campos, who arrived in this country at age 14 as an undocumented immigrant from Guatemala, says he is trying to get his arms around the city’s public safety strategy. "For me, the most immediate issue is the traffic stops in some of the neighborhoods, especially in the Mission and the Tenderloin," said Campos, a member of the Public Safety Committee whose next priority is revisiting the Sanctuary City Ordinance. "I’m hopeful the Mayor’s Office will reconsider its position. But if not, I’m looking at what avenues the board can pursue.

"I understand there was a horrible and tragic incident," Campos added, referring to the June 22, 2008 slaying of three members of the Bologna family, for which Edwin Ramos, who had cycled in and out of the city’s juvenile justice system and is an alleged member of the notoriously violent MS-13 gang, charged with murder for shooting with an AK-47 assault weapon. "But I think it is bad to make public policy based on one incident like that. To me, the focus should be, how do we get violent crime down and how do we deal with homicides?"

Campos believes Ryan has sidetracked the administration with conservative hot-button issues like giving municipal ID cards to undocumented residents, installing more crime cameras, and cracking down on the cannabis clubs. "I’m trying to understand the role of the Mayor’s Office of Criminal Justice," Campos said, raising the possibility that it might be eliminated as part of current efforts to close a large budget deficit. "In tough times, can we afford to have them?"

The change in Washington could also counter San Francisco’s move to the right. Federal authorities, swamped by claims of economic fraud and Ponzi schemes, might lose interest in punishing San Francisco for its Sanctuary City-related activities now that President Barack Obama has vowed to address immigration reform, saying he wants to help "12 million people step out of the shadows."

"It’s hard to believe that there isn’t going to be some kind of change," another criminal justice community source told us. "A lot of this is Joe Russoniello’s thing. Sanctuary City ordinances and policies have been a target of his for years."

Rumors swirled last week that Russoniello might have already received his marching orders when Sen. Barbara Boxer announced her judicial nomination committees, which make recommendations to Obama for U.S. District Court judges, attorneys, and marshals.
Boxer will likely be responsible for any vacancies in the northern and southern districts, while Feinstein, who is socially friendly with the Russoniello family, will take charge of the central and eastern districts. Criminal justice noted that Arguedas, who San Francisco hired to defend itself against Russoniello’s grand jury investigation, is on Boxer’s Northern District nomination committee.
Boxer spokesperson Natalie Ravitz told the Guardian she was not going to comment on the protocol or process for handling a possible vacancy. "What I can tell you is that Sen. Boxer is accepting applications for the position of U.S. Attorney for the Southern District (San Diego), a position that is considered vacant," Ravitz told us. "Sen. Feinstein is handling the vacancy for the U.S. Attorney for the Eastern District. Beyond that I am not going to comment. If you have further questions, I suggest you call the Department of Justice press office."
DOJ referred us to the White House, where a spokesperson did not reply before press time. Meanwhile Russoniello has been publicly making the case for why he should stay, telling The Recorder legal newspaper in SF that morale in the U.S. Attorney’s San Francisco office is much improved, with fewer lawyers choosing to leave since he took over from Ryan.
That’s small consolation, given widespread press reports that Ryan had destroyed morale in the office with leadership that was incompetent, paranoid, and fueled by conservative ideological crusades. Now the question is whether a city whose criminal justice approach has been dictated by Ryan, Fong, and Newsom — none of whom would speak directly to the Guardian for this story — can also be reformed.

Petitions demand more BART police prosecutions

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By Joe Sciarrillo

Civil rights leaders today delivered about 20,000 petitions to Alameda County District Attorney Tom Orloff urging him to prosecute BART police officer Tony Pirone for punching passenger Oscar Grant shortly before Grant was shot to death on New Year’s Day by fellow officer Johannes Mehserle, who Orloff has charged with murder.

The activists were led by ColorOfChange.org, which released a statement criticizing Orloff “failing to uphold California law in his refusal to bring charges against BART police officer Tony Pirone,” who was captured on video punching Grant in the face just before Mehserle shot Grant. Orloff has since refused to press charges against Pirone.

Alameda District Attorney Inspector Bob Conner has refused to comment on the case, citing the gag order imposed by Alameda County Superior Court Judge Morris Jacobson. When asked to comment on ColorOfChange’s planned event, Conner was not yet aware of the protest. He simply responded, “Everyone is entitled to protest.”

Peepshow: Nude art, naked sax

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Each week Justin Juul highlights a rad upcoming local sexy event

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What: “XOXO Third Annual All-Mediums Nude Art Show” is a mixed-media exhibition featuring local artists obsessed with boobs and butts. All paintings, sculptures, and photosets are based around the idea that clothes suck and that if you can’t even admit that on Valentine’s Day, then so do you. Sounds by DJ Gold, Ultraset, DJ Mama Bear, and Chuck the Naked Saxophone Player. Curated by Go Go Gracie Gallery.

Who: In a perfect world, Chuck Hepburn, aka Chuck the Naked Saxophone Player, would have enough time for all of his hobbies: physics, the saxophone, and nude modeling. But sometimes it’s just not possible. Or at least, that’s what the government and the police would have us believe. Bullshit!

Regular protests mark Oscar Grant’s death

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Editor’s Note: Protests over the fatal shooting of Oscar Grant on New Year’s Day, for which former BART police officer Johannes Mehserle has been charged with murder, have been regular events in Oakland, including one scheduled for tomorrow and another on Valentine’s Day. Here’s an on-the-ground account of last week’s event.
Text and photos by Joe Sciarrillo

On Friday, Jan. 30, a group of up to fifty protesters gathered to denounce the Alameda County Superior Court’s decision to set a $3 million bail for BART police Officer Johannes Mehserle, who was charged with murdering the unarmed Oscar Grant on New Year’s Day. Nine people were arrested, compared to the previous Jan. 7 and Jan. 14 protests, when 105 and 18 were arrested, respectively.

At approximately 3:30pm during Friday’s protest, the group led by activists from CAPE (Coalition Against Police Executions) made its way from the Alameda County Superior Court to the downtown intersection of 14th Street and Broadway in Oakland. A member of CAPE hopped onto an idle AC Transit bus with a megaphone, pleading with protesters to intensify their actions. “The Black Panthers took a stand for something!” he said. “We gotta take a stand!”

Fallout from the union clash

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› steve@sfbg.com

Fallout from the power struggle between Service Employees International Union and its Oakland-based local, United Healthcare Workers, has been felt particularly strongly in the Bay Area since SEIU took over UHW and ousted its leaders Jan. 27 (see "Union showdown," 1/28/09).

After SEIU replaced UHW head Sal Rosselli and more than 70 elected leaders of that union for defying SEIU demands, Rosselli and his team formally resigned from SEIU Jan. 29 and formed a new union, National Union of Healthcare Workers, hoping to draw thousands of current SEIU members disgruntled with the top-down management style of SEIU head Andy Stern.

It took a few days for SEIU to take physical control of UHW’s Oakland offices, where Oakland police officers were called Jan. 30 to mediate a final showdown between UHW loyalists and the new SEIU management team, which is under the direction of two SEIU executive vice presidents that Stern appointed as trustees: Eliseo Medina and David Regan (see "SEIU seizes last holdout: UHW’s Oakland headquarters," Guardian Politics blog).

"It’s not about the building, it’s about the members," Regan told the Guardian Jan. 30, later adding, "At the end of the day, the members of the union get to decide if they want to be in the union or not be in the union."

And after a weekend when Rosselli said SEIU was aggressively trying to close outstanding contracts with many employers, a move that would make it difficult for members to disaffiliate from SEIU and join NUHW, he filed petitions showing that many members do indeed want to leave SEIU.

"We don’t trust them with our contracts and we don’t trust them with our dues," Shayne Silba, a psychiatric technician with Alta Bates Summit Medical Center in Oakland, told reporters during a Feb. 2 teleconference announcing that about 9,000 workers at 62 medical facilities have filed petitions with the National Labor Relations Board asking to leave SEIU and join NUHW.

Rosselli said that more than 50 percent of workers at most of these facilities signed the petition, and he’s asking SEIU to honor the request and let them go.

The list of facilities includes some prominent Bay Area medical centers such as Children’s Hospital in Oakland, Alta Bates, and California Pacific Medical Center and other entities run by Sutter Health. Sutter has clashed with union members and community leaders over numerous issues, including the future of St. Luke’s Hospital in the Mission District.

"The Sutter Healths of the world are colluding with SEIU just like they did before the trusteeship," Rosselli told reporters, echoing his persistent theme that SEIU is too cozy with employers and doesn’t negotiate good contracts.

SEIU spokesperson Michelle Ringuette disputed that characterization and the accusations that the union was trying to quickly sew up outstanding contracts with employers to forestall moves to NUHW. "There were an astonishing number of contracts left incomplete," she said. "It’s callous to leave contracts open for whatever purpose."

Regan said SEIU will challenge the NUHW petitions. "We are not going to let these discredited, deposed members weaken UHW," he said, adding that the petition drive "is incredibly cynical and reckless in this economic climate."

But the wheels are now set in motion for a protracted fight over who will lead UHW’s 150,000 members, as well as the question of whether Rosselli’s highly democratic management style might be attractive to members of other unions.

"We’re getting calls from other SEIU members from other locals about joining NUHW," Rosselli said, citing Alameda County Medical Center, whose employees are part of the San Francisco–based SEIU Local 1021, one of many locals that have been reformulated in recent years by Stern, who then appoints its leaders.

Rosselli plans to hold a founding convention for NUHW in March, when members would vote on bylaws and a constitution, and elect their leaders, while Regan said SEIU will work to win the confidence of its members: "We have to show people that we’re on their side and we care about the work we have to do together."

>>Read more union struggle coverage here.

SEIU vs. UHW, a ringside seat

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Guardian intern Joe Sciarrillo was at Friday’s takeover of the UHW by SEIU and has these words and images:
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Friday afternoon at the United Healthcare Workers headquarters, eight Oakland Police officers mediated a dispute between UHW members resisting the takeover by Service Employees International Union and SEIU representatives who showed up to take custody of the building. Both sides sought to convince the police to let their respective groups stay in the building.

Lover Joyce, a former UHW Executive Board member and medical assistant at Kaiser Walnut Creek, explained to reporters what the SEIU representatives had done around 11am. “They broke into the building, pushed our members” after using bolt-cutters to open the doors. Joyce and several other members had been sleeping at the office for a little over a week, so when SEIU leaders arrived, they called the Oakland Police Department. “We have the deed to the property!” he continued to assure the police and reporters. “It belongs to the Unity Healthcare Workers Corporation, not UHW or SEIU.”

Tara Gorewitz, a contract specialist for UHW at Walnut Creek Kaiser, later explained the history of why the building was legally given to the Unity Healthcare Workers Corporation and not to UHW or SEIU. She noted that Shirley Ware, the late Secretary-Treasurer of SEIU UHW- West Local 250, set up the deed in this manner so that the members, rather than the union, could retain rights to use the building in the case of a split.