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How Oakland’s fearful politicos enabled waste: Part III

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In 1996, Your Black Muslim Bakery lieutenant Nedir Bey had a wealth of ammunition with which to lobby city leaders for a $1.1 million loan to fund his health care company, E.M. Health Services.

The previous year, the city of Oakland had agreed to spend hundreds of millions of dollars to bring the Oakland Raiders back from Los Angeles, a deal that quickly soured and has cost the city and Alameda County taxpayers more than $20 million a year ever since.

The developers of a new downtown ice rink had defaulted on $11 million in bonds just three months after the facility opened.

The city had also given plenty of money to other businesses, most white-owned. As a result, the City Council was getting a relentless drubbing from bakery members and black business associates who lined up at meetings to speak on behalf of E.M. Health Services and its efforts to obtain the loan.

They argued that white business owners had an easier time obtaining credit, unsecured loans and support from the city while black-owned businesses endured undue scrutiny. Elected officials endured hints and outright accusations of racism if they dared ask questions about the company or collateral for the loan.

Some of those accusations occurred during the June 4, 1996, council meeting where the officials discussed giving E.M. Health an interim start up loan of $275,000 in city funds. The loan was needed because the company’s application for a $1.1 million share of federal Housing and Urban Development funds for job training programs had not yet been distributed to the city of Oakland.

During the meeting, Shannon Reeves, then-president of the NAACP Oakland chapter, accused the city’s black elected officials of forgetting where they came from.

“It’s time to deliver for the people in the community…,” Reeves said. “We need those who look like us to advocate for us.”

Beth Aaron, executive director of the Bay Area Black Contractors Association also testified at the meeting that night. She said the record proved that white-owned businesses had a much easier time getting Oakland to open its purse strings.

“Those who are white or friends of friends get things done very quickly,” she charged. “Those of us who are of color… do not.”

Even Nedir Bey got into the act.

“A few years ago we wouldn’t have been able to come here and ask for anything without getting run out,” he said. “Cut us a check on Friday for $275,000. Compare us to other projects that you have passed.”

A decade later, E.M. Health is just an unpaid debt on the city’s books, its license suspended by the California Franchise Tax Board. Principal payments first due in May 1998 never materialized, and by the time city staff knocked on its doors in October 1999, the offices had been cleared out.

But the story of how the business, a subsidiary of the now-bankrupt Your Black Muslim Bakery, received the money despite a flawed business plan and a disturbing criminal incident in Nedir Bey’s past illustrates the extent politics and pressure played in officials’ decision to approve the loan.

Bakery members have also been linked to several violent incidents, including the shooting death of journalist Chauncey Bailey, as well as alleged real estate and welfare fraud and child rape. ‘Intimidation factor’

“In reality it was political pressure that got them the loans,” said now-City Council President Ignacio De La Fuente, who was a councilmember at the time. “Deep down inside everybody knew it was bull—. No business plan, no records anyone could show. … And they kept saying they were failing because they didn’t get the city’s money soon enough.”

Retired councilmember Dick Spees, who is white, remembers how heated those meetings were, of being accused of racism because he dared question the business plan or ask about collateral or a missing business license. Bakery members would line up along the wall and refuse to sit, he recalled.

“It sounded good (on paper), this training program to help black people who were not getting opportunities,” Spees said recently. “But there was this intimidation factor, it just didn’t feel comfortable.”

Spees said he grew suspicious when Nedir Bey started racking up ineligible expenses even before federal government lenders had determined E.M. Health’s job training program met its criteria for financing.

Spees said he ended up voting for the loan and for several thousand dollars in advances from city coffers after he was assured by city staff on more than one occasion that HUD would approve the loan and that Bey had put up collateral.

De La Fuente, now council president, said he understood that the HUD money was intended for riskier loans, but that was no reason to cave in to pressure and give the money without trying to protect the city’s resources.

“I never got their support,” he said, referring to his black council colleagues, Nate Miley, Dezie Woods-Jones, Elihu Harris and Natalie Bayton.

Kidnap, torture

The city gave Nedir Bey money despite a disturbing incident that occurred on March 4, 1994, when Qiyamah Corporation, E.M. Health’s nonprofit parent company was still in its infancy.

On that date, Nedir Bey and Abaz Bey, another spiritually adopted son of bakery founder Yusuf Bey, were arrested and charged with abducting, assaulting, torturing and robbing a man they believed had cheated them on a real estate transaction.

Abaz Bey and other members of the bakery lived in an apartment building on 24th Street in North Oakland, the same one Nedir Bey wanted to buy with his very first request for city money, that ultimately was reduced in scope. The owner had hired the bakery to provide security after being sued by tenants fed up with rampant drug dealing and other crime.

According to police and court records, three men, led by Nedir Bey, beat the man with a flashlight and burned him with a hot knife. The arrests sparked a tense, full-scale standoff between more than 40 police officers and a similar number of male bakery members.

According to news reports, then-Mayor Elihu Harris agreed to meet the demand of bakery patriarch Yusuf Bey to discuss the standoff and the arrests.

Nedir Bey pleaded no contest to one felony count of false imprisonment. He was sentenced to three years’ probation after a veteran Oakland police officer and members of the community wrote a support letter on his behalf.

The probation report noted that two other prominent Oakland residents acted as character references for Nedir Bey: Alameda County Supervisor Keith Carson and Larry Reid, then aide to Mayor Harris. However, Reid, now an Oakland city councilmember, said he never wrote a letter or served as a reference for Nedir Bey.

When Tribune reporters Diana Williams and Paul Grabowicz questioned whether the the arrest should impact his loan application, Nedir Bey said such details were irrelevant.

“Nelson Mandela spent 27 years in prison, and he was respectable enough to become president of South Africa,” he was quoted as saying in a June 1996 Oakland Tribune article.

Unapologetic support

Alameda County Supervisor Nate Miley, who was an Oakland council member and pushed hard for the E.M. Health loan, said recently that he never knew about Nedir Bey’s felony conviction or other clashes between bakery members and the police.

“Then-police chief Richard Word and I chaired the Public Safety committee and I didn’t know about it,” Miley insisted. “Clearly, I had a sense that the police had some concerns (about bakery members), but not how it’s been depicted recently.”

Miley is unapologetic about his unflinching support of E.M. Health during his time on the council. He wasn’t overly concerned when the company defaulted, he told his colleagues at the time, because the federal money was intended to fund higher-risk ventures.

He recalled in a recent interview that African-Americans had good reason to believe black businesses weren’t getting a fair share of city contracts or loans. Oakland’s leaders had poured millions in public money into bringing the Raiders home from Los Angeles and bailing out the Ice Center, Miley said, and African-Americans never let them forget it.

It’s also possible that city staff and some council members were intimidated by the accusations of racism, he added.

“I think we were very sensitive (about accusations) of being racist and Uncle Toms,” said Miley, who is African American.

“When E.M. came in to get a loan … on the face of it that looked like very worthy cause, something that would serve the public. So we decided to give them a chance,” Miley said, adding that there was some concern over the money being used for a car and consultants.

“We gave them some technical assistance and guidance rather than pulling the rug out from under them completely,” Miley recalled. “Still, even if it’s federal money they got, it’s still public taxpayer dollars down the toilet.”

Miley said he admired Yusuf Bey and the way he preached self-reliance, spirituality and discipline. Oakland was suffering record homicides and here was someone who was reaching out to ex-cons or those who might otherwise get caught up in the cycle of violence and helping them turn their lives around and earn money legitimately for their families, Miley said.

In February 1996, a smiling, soft-spoken Nedir Bey stood before the City Council and told them as much.

“This is an excellent program and it will target men and women who are not working presently and have no job skills,” Bey said. “We can train them in the home health care field and start them on a better way of life.”

‘Brilliant’ concept

Redevelopment Agency Director Gregory Hunter said the company’s goals were hard to turn down even if E.M. Health’s promises lacked details.

“The concept was brilliant, absolutely brilliant,” he said, adding that the business proposal drew applause from as far away as Washington, D.C. “Unfortunately, the execution fell somewhat short of the expectations the city had.”

Elihu Harris, now the chancellor of Peralta Community College District, was reluctant to discuss the matter recently because he said he did not recall many details. Harris said his dad received home health care from employees of E.M. Health, but it was his mother who handled the contract.

He added that a community loan advisory committee _ a body the federal lenders required _ had voted to fund E.M. Health, and the council debated that recommendation back and forth for many months. He said the council was not provided with a lot of details about the company.

“The (loan committee)… had really done the research,” Harris said. “The council was between a rock and a hard place.

“(E.M. Health) had made some mistakes and they were going to try and rectify those mistakes,” Harris said. “There was a lot to be concerned about, but they had strong community support.”

One supporter who turned out early and often to lobby for Nedir Bey was Theodora Marzouk, an administrator for Oakland-based Community Care Services, Inc.

She testified more than once about the shortage of training programs for nurses’ aides and said her own company couldn’t supply enough of them. She urged Oakland’s leaders to fund E.M. Health.

But Marzouk ended up on E.M. Health’s payroll for the last two quarters of 1996 earning more than $20,000, city records show.

Marzouk refused to comment for this story, but she sounded surprised to hear that she’d once been listed as an employee.

In any case, by 2000, the company’s business license was suspended, and by 2003, Alameda County records show, state and federal tax officials during the intervening years had imposed tax liens on the company’s assets totalling nearly $200,000.

But today, E.M. Health’s motto “Big enough to serve, small enough to care” is little more than a failed promise.

MediaNews investigative reporters Thomas Peele and Josh Richman, KQED reporter Judy Campbell, and radio reporter Bob Butler contributed to this report. Cecily Burt is a MediaNews staff writer. G.W. Schulz is a staff writer at the San Francisco Bay Guardian.

How Oakland’s fearful politicos enabled waste: Part 1

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Editor’s note: This is the first of a three-part series examining a $1million city loan to a Your Black Muslim Bakery affiliate that was never repaid.

It was a noble cause: Train welfare recipients as home health aides and put them to work caring for homebound sick and elderly clients.

A decade ago, while Your Black Muslim Bakery founder Yusuf Bey enjoyed unwavering support and adulation from black businesses and politicians, his spiritually adopted son, Nedir Bey, pressured and shamed city leaders into giving him a $1.1 million loan to help finance the promise of black entrepreneurial independence.

But the venture, E.M. Health Services, swiftly collapsed. The failure of CEO Nedir Bey to repay a dime of the loan made headlines at the time and prompted most to assume the company’s demise was caused by a combination of poor business decisions, bureaucratic hurdles and simple bad luck.

But was it?

City officials overlooked flaws in the company’s business plans and relented to black community leaders who insisted they award the loan, according to interviews, documents and other correspondence reviewed by the Chauncey Bailey Project.

The loan was granted to Nedir Bey despite his well-publicized arrest for the torture and kidnapping of a man two years earlier. Bey pleaded no contest to one felony count of false imprisonment and was sentenced to three years’ probation.

In awarding the loan to Nedir Bey, nearly every elected official lauded the accomplishments of Yusuf Bey in turning around the lives of troubled young men. Yet dozens of those men had armed themselves during a standoff with police two years earlier. And a few years later, Yusuf Bey himself would be accused of raping and fathering children with young girls who were placed in his care.

And the Chauncey Bailey Project has learned that in late 1999 and early 2000, the FBI investigated E.M. Health Services’ loan and Nedir Bey, although it’s not clear how the probe was resolved.

In the wake of reported real estate and welfare fraud allegedly committed by the wives and children of Yusuf Bey _ as well as the August arrest of a bakery member accused of the Aug. 2 shooting death of Bailey, the editor of the Oakland Post _ a deeper review of the E.M. Health Services loan reveals several questionable expenses that suggest an internal pattern of cronyism that enriched nearly every facet of the bakery empire’s inner circle including:

-Tens of thousands of dollars in consulting fees paid to companies controlled by Nedir Bey and his wife, Rosemarie Boothe-Bey, as well as other bakery insiders.

-Thousands of dollars in security fees paid to yet another company controlled by Your Black Muslim Bakery and thousands more in advertising fees paid to Universal Distributors, a company operated by associates of the bakery.

-$20,000 paid to the administrator of an Oakland home health company who had urged the city to award the loan to E.M. Health Services.

-Top-end salaries paid to Nedir Bey and his wife, Rosemarie Boothe, as well as to two of the Muslim wives of bakery patriarch Yusuf Bey who are accused of receiving fraudulent welfare payments at the time, and a second woman with whom Nedir Bey fathered children. Other bakery insiders filled the company’s payroll.

-15-day loans made to E.M. Health by Nedir Bey and other bakery associates that were repaid with hefty loan fees.

The beginnings

On April 30, 1996, the Oakland City Council awarded E.M. Health conditional approval for a $1.1million federal loan to establish a training program for home health aides.

According to loan documents and internal memos, the city approved that loan despite flaws in the company’s business plan and no discernible collateral or equity to back up the debt.

The money was part of a $44 million pot — half loan, half grant — awarded to the city by the federal Department of Housing and Urban Development to fund start-up ventures or help expand existing businesses in three distressed areas of Oakland with high unemployment rates. The federal money was supposed to create jobs, and it was intended for borrowers who could not qualify for conventional loans.

E.M. Health’s share of that pot — through the leadership of then-bakery lieutenant Nedir Bey — would further Yusuf Bey’s efforts to empower poor black residents and ex-cons by giving them training and job opportunities at various bakery outlets and private security companies affiliated with the patriarch’s expanding empire.

The loan proceeds were supposed to be used for start-up costs to recruit workers and patients, establish the home health training program and provide ongoing operating expenses.

The company never lived up to its promise. Ten years have passed and still not a cent has been repaid. The equipment pledged to secure the proceeds never surfaced. The promised jobs for low-income residents, as well as the promised services for sick and elderly clients, evaporated. The Oakland city attorney sued to recoup the debt, plus interest, but the city’s finance department has not been able to collect.

Nedir Bey, whose last listed occupation is business development consultant, would not answer questions about the business operations or why the company failed to take hold, saying that was “in the past.” In a brief telephone conversation, Bey said there were other Oakland businesses that defaulted on city loans and he asked if they were receiving the same level of scrutiny. Bey remains in Oakland but says he is no longer affiliated with the bakery.

Former bakery associate and businessman Ali Saleem Bey has spent the last several months trying to save the heavily indebted bakery enterprise from liquidation. Saleem Bey said he hasn’t spoken to Nedir Bey in years, but he defended E.M. Health’s efforts to provide job training and services to poor Oakland residents.

Saleem Bey, reached by phone, said the city subjected the business to undue scrutiny compared with others seeking public money. That scrutiny also led to the company being underfunded, Saleem Bey said, and contributed to its demise.

“We really felt we were sabotaged by the city, …” said Saleem Bey, who worked alongside other bakery associates to help launch the business.

“Politically, they never wanted to give us the money … and when it came time to work with us and make it go, they made it as hard as possible,” Saleem Bey said. “They wanted to wag their fingers at us.”

But the only thing that remains today from the ashes of E.M. Health is a considerable outstanding debt to taxpayers — a debt that could have been much larger.

Big plans, big loan requests

The Qiyamah Corp., E.M. Health’s nonprofit parent company, first filed state business registration papers in October 1993. The nonprofit organization was formed to expand the bakery’s community work and job training programs, and it wasn’t long before bakery members sought the city’s help in financing a new home health care venture.

Nedir Bey originally approached the city in approximately 1994 for a $3.4million loan to buy an apartment building on 24th Street in North Oakland. That would be used, he said at the time, as a base for his home health care program.

The building purchase didn’t qualify for HUD funds, and over time it was dropped from the plan. The loan request was whittled down to the $1.1 million, which was conditionally awarded to Qiyamah’s for-profit subsidiary, E.M. Health.

The company promised to create 32 full-time jobs, more than half of which would be filled by residents of West Oakland, East Oakland or San Antonio/Fruitvale — the three economically depressed areas targeted by HUD.

The company also promised to train 120 low-income residents and welfare recipients as home health workers, who would in turn provide services to Medicare and MediCal patients and other clients who were privately insured. According to E.M. Health’s business plan accepted by the city, insurance reimbursements would be more than sufficient to repay the loan. It might have worked if Nedir Bey had started small.

Instead, he purchased expensive office furniture and loaded the payroll with bakery insiders, most of whom had no health care experience, while spending little initially on actual medical supplies, according to loan documents.

Bill Claggett, the former director of Oakland’s Community and Economic Development Agency who inherited the E.M. loan in late 1997, said he couldn’t believe the city gave the company “a dime,” let alone $1.1 million.

“They didn’t know what they were doing,” Claggett said. “The cost per person served was much higher than any other similar business. It was clear (Bey) didn’t have the kind of staffing he needed for that operation.”

E.M. Health opened its doors on July 10, 1996, in an office storefront on Grand Avenue. That first year’s tax return posted income of $6,007 and a loss of $437,802. It spent $85,886 on consultants, $10,600 on security and only $5,708 for medical supplies. It survived almost exclusively on the city loan.

The list of employees included Nedir Bey’s wife, Rosemarie Boothe; and another woman, Kathy Leviege, with whom he has two children; family associate Janet Bey; and Madeeah Bey and Farieda Bey, two wives of bakery patriarch Yusuf Bey who are alleged to have received illegal welfare payments at the time, according to civil depositions taken recently in an unrelated case.

Within three months of receiving start-up funds from the city, Nedir Bey was on track to earn $108,000 a year, a figure that was out of line with what similar agencies in the Bay Area paid their CEOs, according to a spring 1997 memo in the city’s loan files.

Quarterly wage reports filed with the state show that Nedir Bey’s wife earned $47,000 as the assistant administrator, and Yusuf Bey’s wives — whose occupations were listed as marketing director and LVN/outreach coordinator — earned nearly $60,000 each, the same as Janet Bey, a registered public health nurse. Other than Janet Bey, none of the women had nursing degrees or related licenses, according to a review of state documents. Saleem Bey said it should not seem suspicious that members of the bakery’s extended family ended up on E.M. Health’s payroll. He said they worked many different jobs to help support the bakery empire and to further Yusuf Bey’s edict to be self-reliant.

He said they also worked alongside Nedir Bey to try and make the enterprise a success. To infer otherwise would be a mistake.

“It behooved the organization to be successful, so it wasn’t as if everybody was just eyeing this money and they wanted to steal a million,” Saleem Bey said. “If the business plan was successful, by this time it would have created 10 times that amount of money and created many jobs.”

Even so, the city’s loan staff requested that the compensation for E.M.’s three top executives be reduced by 20 percent, a move Nedir Bey protested in a memo to city officials.

Other questionable expenses

There were other missteps and invoices that city officials questioned before the city received the HUD proceeds, including a lease on a Cadillac and reimbursements to a security company controlled by the bakery.

One city staffer flagged the vehicle lease, $64,000 in consulting contracts, and thousands budgeted for security as ineligible uses of the federal funds. “Staff is exploring options for recovering these costs,” reads one memo from April 1, 1997.

That same year, in addition to their salaries, E.M. Health paid approximately $40,000 in consulting fees and service payments to Nedir Bey and relatives either directly or through companies that he and other associates of the bakery controlled, according to records on file with the city of Oakland.

Bakery associates also made 15-day loans to E.M. Health to cover operating expenses and charged substantial interest fees in return. Nedir Bey earned a $750 fee for a $9,000 loan he made to the company, and Ali Saleem Bey charged $1,000 interest for a $13,750 loan. Time after time, city staff questioned the invoices E.M. Health submitted for reimbursement, asking for more details or supporting documentation. But the money was never withheld for long.

MediaNews investigative reporters Thomas Peele and Josh Richman, KQED reporter Judy Campbell and freelance radio reporter Bob Butler contributed to this report. Cecily Burt is a MediaNews staff writer. G.W. Schulz is a staff writer at the San Francisco Bay Guardian.

Portrait of the artist as an old cop

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› gwschulz@sfbg.com

Imagine Gary Delagnes, president of the San Francisco Police Officers Association, pondering the impact of abstract expressionism on the American zeitgeist with a far-off gaze. Or picture him dressed in fashionably tight jeans, walking his fixed-gear bike to the San Francisco Academy of Art University with a leather portfolio tucked under his skinny arm.

Does that seem incongruous to you? It does to us as well. After all, Delagnes is the very antithesis of an art school student. So why are the POA and Delagnes, a brutish former narcotics officer, lobbying the San Francisco Planning Commission on behalf of the Academy of Art?

The academy, which has been rapidly snapping up properties around town to accommodate its ambitious expansion plans, has become an entity of increasing concern in San Francisco’s dicey world of land-use politics.

The for-profit school, which costs students around $16,500 per year to attend, today owns or controls more than 30 properties across the city, half of which are used to house its students, and expects to take over nearly a dozen more to accommodate approximately 14,500 students by 2017.

In the meantime, the school is facing several enforcement actions initiated by the Planning Department for brazenly making building conversions without bothering to obtain proper permits.

Delagnes was nonetheless first in line at a September 2007 commission meeting held to address the academy’s pending enforcement cases and praised the school as a tremendous asset to the academic community.

"I think that their reputation in San Francisco is unquestioned as some of the finest, true San Franciscans that I know," Delagnes said of the wealthy Stephens family, which owns the Academy of Art. "They are heavily involved and invested in the city of San Francisco and care deeply about its future."

Delagnes’s lobbying on behalf of the academy surprised and appalled at least one commissioner, Hisashi Sugaya, who told the POA president that he was "really offended" someone representing law enforcement was carrying water for a private art school that had flouted the law by racking up alleged planning and building code violations.

Responding in the union’s newsletter, POA vice president Kevin Martin reached a dizzyingly patriotic pitch in denouncing Sugaya as a liberal and demanding he apologize not just to Delagnes but also to the entire union for "demeaning our president" and "censuring his freedom of speech."

Delagnes admitted to the Guardian that his testimony was essentially a "quid pro quo." The academy has supported the POA, even offering special summer apprenticeships to the children of its members. "I’m sure that they were thinking, ‘You know what? The POA is a pretty powerful organization. It wouldn’t hurt to get close to them,’<0x2009>" Delagnes said. "Here came this problem with the Planning Commission. They called me and said, ‘Hey, would you mind going up there and basically saying that we’re a good organization? We’re good people.’<0x2009>"

During the meeting, school president Elisa Stephens, who did not return calls, portrayed the academy as a simple mom-and-pop business ignorant of planning politics and intending to fully cooperate with the city.

"My grandfather was an artist…. We’re an integral part of this community," Stephens told the commissioners. "I live in this community. We’ve been here since the late 1800s. We’re dedicated to this city…. I apologize for not being involved in city politics. I’m involved in education."

But city staffers implied there’s more to the academy’s troubles than a few honest mistakes. In March 2007, the school was hit with a litany of alleged code violations, including 14 properties converted without conditional-use permits and seven made into group housing or modified for other school uses without building permits, Planning Department records show.

Before last year the academy had never submitted an institutional master plan to the city, even though San Francisco’s Planning Code has required them from universities since the 1970s, particularly for a scattered campus that’s in a position to dramatically alter the face of downtown, where the school is primarily located and its private transit buses are ubiquitous.

The academy finally turned one over in 2007 after city planners issued a citation in summer 2006. Afterward the department visited all of the school’s properties and discovered multiple problems with use permits, plus an additional property the academy had recently acquired but didn’t include in its plan.

Code enforcers tried to negotiate with the school, planning staffer Scott Sanchez told the commission. But after department personnel outlined the March 2007 violations for the academy, it simply continued onward, converting 601 Brannan for its own use without any building permits and doing the same at the Star Motel on Lombard, this time without a conditional-use application.

As the department worked to keep up, the academy purchased four new buildings and put its eye on another, all between spring and fall 2007.

"All of our information about their new facilities came from members of the public…. It wasn’t actually through the academy, with whom we thought we had a dialogue about their institutional master plan," Sanchez told the Guardian. "We had something ongoing with them, yet they were not informing us of their new acquisitions, and they weren’t obtaining proper permits for them."

The school, in fact, is accelerating plans to convert 575 Sixth St., known as the San Francisco Flower Mart, into studio space, despite opposition from the Mayor’s Office, the Planning Commission, and the Board of Supervisors. The 30 floral business tenants that currently inhabit the building received eviction notices dated Christmas Eve 2007.

A future academy gymnasium is slated for 620 Sutter, but building it would result in the eviction of the Lorraine Hansberry Theatre, a 25-year-old institution specializing in African American stage performances. The academy already converted part of the building to group housing without a permit.

So what else is the POA getting for its support of the arts? For one, the Academy of Art was a $5,000 putf8um sponsor of the POA’s 2007 charity golf tournament at the StoneTree Golf Club in Novato, beating out dozens of other donors for the top of the list. The exclusive title was used for only three other contributors.

The union’s November 2007 newsletter, which appeared just after Delagnes voiced his support for the school, announced that academy president Stephens had also given POA members working at the police department’s Southern Station in SoMa 15 free underground parking spots on Bluxome, just a short walk from the Hall of Justice and the union’s headquarters.

And that’s the art of politics in San Francisco.

Lucky 13

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› a&eletters@sfbg.com

Since 1996 the Goethe-Institut’s annual Berlin and Beyond Film Festival has been bringing German-language cinema from Germany, Austria, and Switzerland to the Europhiles of San Francisco. As 2008 marks the festival’s 13th year — which signals a transition toward maturity in many cultures — it’s perhaps appropriate that several offerings come from directors who have already brought their first or second films here. One example is Robert Thalheim, winner of the fest’s 2005 Best First Feature Award for Netto, who returns with his fictional account of a young German’s experience of working in Auschwitz today, And Along Come Tourists. But perhaps no triumphal return is more anticipated than that of Fatih Akin, whose The Edge of Heaven comes to San Francisco after garnering multiple awards on the festival circuit, including best screenplay honors last spring in Cannes.

Akin is a director much concerned with connection. After exploring the tenuous alliances of family and homeland in 2002’s Solino and the complex, at times violent bonds of love in 2004’s Head-On, he meditates on death’s unanticipated capacity to unite the living in his newest film. The slow pace and nonlinear construction of his latest offering might initially surprise audiences looking for the visceral force of his previous movies, but it’s a surprise worth following to the film’s introspective conclusion.

Heaven begins by focusing on characters of Turkish descent living in Germany, a diaspora of more than two million people. When aging pensioner Ali (Tuncel Kurtiz) seeks comfort in the arms of middle-aged prostitute Yeter (Nursel Köse), it is their common language, not just the blow job, that excites him. Ali also speaks Turkish to his son Nejat (Baki Davrak), a fastidious intellectual, but divines that otherwise their relationship lacks closeness. Nejat and Yeter quietly ally after she reveals she is prostituting herself in order to put her daughter through school in Istanbul, and when an act of unexpected violence shatters their fledgling harmony, he resolves to find Yeter’s daughter and finance her studies himself.

At this point Heaven breaks away from simple narrative to trace the intricately entwined paths of three strong-willed women. Yeter’s daughter, Ayten (Nurgül Yesilçay), is not a student after all, but a revolutionary and a freedom fighter. Following a police raid on her flat, she comes to Germany to find her mother. Instead, she finds Lotte (Patrycia Ziolkowska), a headstrong German girl who offers her a place to stay. Soon they embark on an almost gratuitous (yet earnestly portrayed) lesbian relationship. Former Rainer Werner Fassbinder muse Hanna Schygulla’s nuanced performance as Susanne, Lotte’s disapproving mother, is one of the film’s strongest. Struggling to relate to her stubborn daughter, she adds a necessary ballast of reason, even as Lotte abruptly leaves home to follow Ayten, who’s been deported to Turkey and jailed.

Another death is all it takes to draw the survivors together, discovering in one another and themselves the attributes they thought were lost with the deceased. Susanne and Nejat in particular find solace in their unifying memories, creating a link that, though forged from tragedy, speaks more to life. Leaving all final reconciliation offscreen, Akin deftly ends his film on a note of pensive ambiguity, a restraint that befits his rising reputation as a director entering his prime.

Another Berlin and Beyond alum, Christian Petzold, delivers a film that — though it couldn’t be more texturally different from Akin’s — is strangely complementary to Heaven. Disassociation, not connection, is the overriding theme of Yella, propelling the titular protagonist from East to West, desperation to determination, the bottom of a river to the head of a boardroom. Nina Hoss plays a woman haunted in every sense of the word. After leaving her small East German village and abusive husband behind in search of a new life as a corporate drone in Hannover, she can’t keep remnants of her past from resurfacing in disorienting ways. Even though you can spot the supposed surprise plot twist an hour away, Hoss’s slow unraveling casts a spell. *

THE EDGE OF HEAVEN

Thurs/10, 8 p.m., Castro (opening-night party 6:30–8 p.m., $35)

YELLA

Sat/12, 8 p.m., Castro

BERLIN AND BEYOND FILM FESTIVAL

Runs Jan. 10–16 at the Castro Theatre, 429 Castro, SF, and the Goethe-Institut, 530 Bush, SF, and Jan. 19 at the Arena Theater, 210 Main, Point Arena. For tickets (most films $10) and additional information, call (415) 263-8760 or visit www.berlinandbeyond.com

Tiger tales

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>>20 Questions the zoo won’t answer
>>Editorial: Take back the zoo
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>>From 1999: The Zoo Blues

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

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

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

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

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

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

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

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

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

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

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

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

And thereon hangs this tiger tale.

TARZAN AND TIGER ISLAND


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

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

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

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

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

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

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

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

THE MISSING WALL


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

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

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

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

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

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

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

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

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

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

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

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

NO MARGIN FOR ERROR


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

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

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

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

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

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

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

THE LONG JUMP


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE BIPED PROBLEM


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

Consider the players, starting with Zoo management and keepers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The questions the zoo won’t answer

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

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

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

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

3. Where is it/are they stored?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bye bye, mai tai: Trader Vic’s no more

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Alas, along with the dispiriting news that people keep getting shot and jumped outside nightclubs, that the police are pushing to “more directly” regulate bars and clubs, and that perennial underground jam palace the Gingerbread Warehouse finally got busted on New Year’s Eve, comes this awful fact of 2008: The San Francisco branch (the original) of Trader Vic’s is no more.

trader.jpg
Trader Vic: Rolling in his rum-soaked grave?

The bar-cum-restaurant — a 2006 Best of the Bay winner — had opened in fancier digs (where legendary resto Stars once was) after relocating from the spot where Le Colonial is now, after residing there for 12-odd years. Trader Vic’s is now an international chain, so you can still hit up one of those giant cocktails in a bowl to share with friends in Shanghai, but it was built on the reputation of amazing local Victor J. “Trader Vic” Bergeron, who invented the mai tai. No reason has been forthcoming about the closure.

I really liked their space! What will they do with all those antique dugouts hanging from the ceiling?

Oh well, bottoms up. (Also closed in recent weeks: the Washington Square Bar & Grill and the delicious Patisserie on 18th Street. )

Offies!

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› tredmond@sfbg.com

It’s gotten to the point where you don’t have to make fun of the president anymore — the rest of the country has gotten so insane that George W. Bush almost looks normal. Just think about 2007:

One presidential candidate said aborted fetuses could have replaced immigrant workers. One said he wanted to be sure to shoot Osama bin Laden with American-made bullets. One said he’d seen a UFO. One said he wanted to deport 400,000 immigrants but was too busy.

A prominent conservative writer said Jewish people need to be "perfected." A bathroom stall in Minneapolis became a tourist attraction.

And Gavin Newsom screwed his secretary, Ed Jew didn’t know where he lived, people ran naked for mayor, Halloween was cancelled … It was, by any standard, a banner year for the Offies.

YES, I SLEPT WITH MY SECRETARY. YES, SHE WAS MARRIED TO MY CAMPAIGN MANAGER. YES, I AM AN ASSHOLE. THE NEWSPAPERS GOT THAT RIGHT.

Gavin Newsom, faced with news of his sordid affair with Ruby Rippey-Tourk, told reporters that "everything you’ve read is true."

SISTERHOOD IS POWERFUL

Jennifer Siebel, Newsom’s girlfriend who said "the woman is the culprit" in the mayor’s notorious affair, posted a message on SFist.com insisting she’s a "gal’s gal."

GOOD ONE, JEN — WAY TO ACCUSE YOUR BOYFRIEND OF DATE RAPE

Siebel said Newsom’s affair with Rippey-Tourk "was nothing but a few incidents when she showed up passed out outside of his door."

THE TRUTH, NEWSOM STYLE

Newsom’s press secretary, Peter Ragone, admitted to posting fake pro-Newsom comments on the SFist blog under a friend’s name.

AND NOW HE CAN CLAIM HE’S REALLY A CELEBRITY

Newsom announced he would go into rehab.

YOU’D THINK A SECRETIVE MAYOR WHOSE PRESS SECRETARY LIES COULD AT LEAST MAKE THE TRAINS RUN ON TIME

The Muni Metro T line opened for business with delays that crashed the entire underground train system.

JEEZ, CAN’T YOU TV PEOPLE FIND A REPORTER WHO WILL STOP ASKING THE MAYOR SO MANY EMBARRASSING QUESTIONS?

Newsom announced on camera that he wasn’t going to talk to ABC’s Dan Noyes anymore, saying, "You just send some other reporters. It’s going to be a lot easier now."

WAIT — ISN’T THERE SOME STATE LAW ABOUT USING YOUR CELL PHONE WHEN YOU’RE DRIVING?

State senator Carole Migden crashed her state-owned SUV into another car in Marin when she took her eyes off the road to answer a cell phone call.

COME TO THINK OF IT, HE DOES HAVE THAT HOLLYWOOD SMILE GOING ON. AND THOSE EYES …

Sup. Chris Daly set off a press furor when he said Newsom was refusing to answer questions about his alleged cocaine use.

THAT’S OK — IT’S HARD TO GET THOSE COSTUMES OFF TO PEE ANYWAY

Newsom’s press office announced that Halloween was cancelled, and the mayor refused until the last minute to allow portable toilets to be set up in the Castro.

CHARITABLE ORGANIZATIONS NEED A LITTLE BRIBERY MONEY TOO

Suspended Sup. Ed Jew, who was charged with accepting $40,000 in cash from a tapioca store chain, insisted he was going to give half the money to a neighborhood parks program.

APPARENTLY, THE MONEY WASN’T THE ONLY THING THAT SMELLED

Jew insisted he lived in a Sunset District house that had no water service and said he showered at his flower store (where reporters were never shown an actual shower).

BY SAN FRANCISCO STANDARDS, HE’S EMINENTLY QUALIFIED FOR PUBLIC OFFICE

Mayoral candidate Grasshopper Alec Kaplan stole Jew’s house numbers, was arrested for playing his guitar naked on top of his purple taxicab, and was sentenced to nine months in jail for threatening a passenger.

AND FRANKLY, IT’S JUST AS WELL THEY GOT HIM OFF THE STREET; NOBODY WANTS TO LOOK AT THAT SHIT

Yoga instructor George Davis was arrested four times while campaigning for mayor in the nude.

UNFORTUNATELY, HE CAME IN FIFTH

Chicken John Rinaldi insisted he was running for second place and considered using the slogan "The other white mayor."

YOU HAVE TO GIVE IT TO HIM: THE GUY CAN PICK HIS ICONS

Paul David Addis was arrested for setting fire to the Burning Man icon four days before it was supposed to be burned, then was later charged with attempting to burn down Grace Cathedral.

POOR JERRY — CAN’T SOMEBODY DONATE SOME MONEY TO HAVE HIM PUT IN A HOME FOR THE TERMINALLY MORONIC?

Jerry Lewis created an imaginary character for his muscular dystrophy telethon called Jesse the illiterate fag.

UNLIKE LUNATIC RIGHT-WING CHRISTIANS, WHO SEEM TO BE DOING JUST FINE

Ann Colbert said that Jews need to be "perfected."

HEY MARTHA, CHECK IT OUT! LET ME POSE FOR A PHOTO! I GOT MY WIDE STANCE ALL READY!

The bathroom stall where Larry Craig was arrested for public sex became a tourist attraction.

AND NOW, THE CELEBRITY NEWS FOR THE SEVEN OR EIGHT PEOPLE WHO STILL ACTUALLY CARE

Britney Spears shaved her head. Paris Hilton went to jail.

THE WORLD JUST GOT A TINY BIT SAFER FOR HUMANITY

Spears’s mother lost her contract for a book on parenting after her 16-year-old daughter Jamie Lynn became pregnant.

NOW IF THE SCALPERS COULD JUST DO A JOB ON THAT WIG

Tickets to the Hannah Montana concert in Oakland were sold for as much as $1,000.

OF COURSE, SHE MAY HAVE SIMPLY BEEN TRYING TO FIT IN THOSE TINY SEATS

Southwest Airlines kicked a woman off a flight for wearing too short a skirt.

WAIT, WE MISSED THE ONE ABOUT FUCKING THINE OWN GENDER. MAYBE HE LEFT IT IN THE TENT

Arkansas governor Mike Huckabee said he would oppose same-sex marriage "until Moses comes down with two stone tablets from Brokeback Mountain saying he’s changed the rules."

WHY EXPLOIT IMMIGRANTS WHEN WE CAN EXPLOIT KIDS OF OUR OWN?

Huckabee announced that if all of the nation’s aborted fetuses had gone to term, the United States wouldn’t need low-cost immigrant labor.

OF COURSE, IF HE’D BEEN GAY OR HAD AN ABORTION, HE WOULD HAVE WOUND UP IN PRISON

Huckabee told Rolling Stone he’d pardoned Keith Richards for a 1975 traffic ticket.

WE LIKE A PRESIDENTIAL CANDIDATE WHO HAS HIS PRIORITIES STRAIGHT

Former New York mayor Rudy Giuliani said he would have liked to have kicked all 400,000 undocumented immigrants out of the city, but he was too busy fighting crime.

OF MAYBE IT WAS JUST THE VULCANS, COME TO MAKE FIRST CONTACT AND CONVINCE US TO SUPPORT SINGLE-PAYER HEALTH INSURANCE

Rep. Dennis Kucinich said he’d seen a UFO.

WE’D HAPPILY PAY $999 NOT TO HAVE TO KNOW

A Los Angeles company called 23andMe offered to test your DNA for $999 and tell you if you’re related to Marie Antoinette, Jesse James, or Jimmy Buffet.

WITH THE CUBAN HEALTH CARE SYSTEM, HE’LL PROBABLY OUTLIVE US ALL

Police in south Florida were put on alert after blogger Perez Hilton falsely announced the death of Fidel Castro.

KILL THE BASTARDS — BUY AMERICAN

Sen. John McCain told workers at a small-arms factory in New Hampshire he would "follow Osama bin Laden to the gates of hell" and "shoot him with your products."

OF COURSE NOT — THEY’VE ALL BEEN TORTURED, BEATEN, OR STONED TO DEATH

Iran’s president said there are no homosexuals in his country.

BUT THEN, SHE TORTURED US FOR 10 YEARS AS MAYOR

Sen. Dianne Feinstein voted to confirm Michael Mukasey as attorney general even though he refused to say that waterboarding is torture.

IT’S NOT IN YOURS EITHER

President Bush said democracy might not be in the "Russian DNA."

WHEN A SIMPLE "CUNT" OR "PUSSY" JUST ISN’T GOOD ENOUGH

A Florida production of The Vagina Monologues sought to avoid controversy by changing its name to The Hoohaa Monologues.

THE 41ST PRESIDENT STARTS WORKING ON HIS PLACE IN HISTORY

President Bush predicted a "nuclear holocaust" if Iran develops weapons of mass destruction.

QUICK, GIVE ME THE BUTTON BEFORE THE BOSS GETS THAT PROBE OUT OF HIS ASS

Vice President Dick Cheney had executive power for two hours and five minutes while President Bush was under sedation for a colonoscopy.

GREAT MOMENTS IN FOREIGN CINEMA

The European Commission put a video clip on YouTube promoting European films by showing 18 couples having sex with the tagline "Let’s come together."

STANCE IS TOO WIDE … STANCE IS TOO WIDE … MALFUNCTION … DOES NOT COMPUTE …

The mayor of Fort Lauderdale, Fla., suggested the city create a robot toilet to combat gay sex in public bathrooms.

COME ON, YOUR HOLINESS — THEY JUST NEED TO BE "PERFECTED"

Pope Benedict XVI declared that Protestants don’t have real churches and their ministers are all phonies.

PERHAPS THE KID CAN’T GO TO SCHOOL ANYMORE, BUT AT LEAST HE WON’T HAVE TO BE PERFECTED BY ANN COULTER

The Supreme Court ruled that a high school student could be suspended for displaying a sign that read "Bong Hits 4 Jesus."

THE OFFIES, OF COURSE, ARE PRODUCED LOCALLY, AND YOU CAN SEE THE QUALITY CONTROL …

A news Web site in Pasadena outsourced its local reporting to India.

BOOM GOES LONDON, BOOM PAREE

Former senator Mike Gravel announced during a presidential candidates debate that the other Democrats frightened him and asked Barack Obama whom he wanted to nuke.

WELL, AT LEAST WE KNOW WHO THE REPUBLICANS ARE GOING TO NUKE

Sen. McCain changed the lyrics of the Beach Boy’s "Barbara Ann" to "Bomb bomb bomb, bomb bomb Iran."

APPARENTLY, MEMBERS OF THE US SENATE DON’T GET OUT MUCH

Sen. Joe Biden declared Obama is "the first mainstream African American who is articulate and bright and clean and a nice-looking guy."

Year in Film: Cartooning the war

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› kimberly@sfbg.com

Oh! What a lovely war! At least that’s the overall tone of the most popular movies reflecting our current conflict, surge, or however we’re marketing it this week as it conveniently combusts so far from all of the happy $3.50 a gallon gas-guzzling Best Buy shoppers, out of ear- and eyeshot on the other side of the world.

Moviegoers have been avoiding Iraq’s realities in droves — this much the producers of The Kingdom, Lions for Lambs, In the Valley of Elah, Redacted, and others can attest. This year Americans liked their war with a good dose of comic book fantasy and clearly fictitious spectacle, their tongues teasing the CGI-enhanced teat, preferably attached to the too perfectly uniform six-pack abs on one of those hunka-hunka-burning-Spartan tough-love monkeys in 300.

While Grindhouse‘s bio-experiment rogue troops were banished to fiscal limbo, Hollywood blockbusters like 300, Transformers, and even Beowulf — stemming from comics, toys, and cartoons and steeped in the stuff of a distended childhood — turned out to be the only way Americans would swallow warfare. Fusing digital animation and live actors to produce spectacles that would have made Cecil B. DeMille reach for his next merchandising tie-in, those hit movies tacitly acknowledged the war we’re in and offered candy-colored, action-packed escapism for the inner fanboy and fangirl. Six years into the war on terror, we can’t feel good about imminent outright victory; hell, even the most fervent right-winger realizes, in his or her reptilian back brain and in the dark of the multiplex, that the real-life shoot-’em-ups are depressingly, futilely, infuriatingly misguided. But we still want our war to be a great ride — despite the fact that ambiguous reality finds a way of inserting itself into the metal-crushing, knuckle-skating mise-en-scène.

Picking up the air of suicide-mission doom suffusing 2006 Oscar contender Letters from Iwo Jima, 300 started the year with blood-spattered, heroic fatalism. Like Beowulf and even the tongue-in-cheek Transformers, the Zack Snyder–directed epic, based on a graphic novel by draconian edge maven Frank Miller (Batman: The Dark Knight Returns), self-consciously frames its narrative — and its uses as propaganda — from the start by revealing the bard or narrator telling the tale. Here the story is recounted for the distinct purpose of leading the Spartans into battle against the Persians.

Miller may have penned the original comic in the late ’90s, yet it’s hard to read 300 as anything more than emotionally skilled, cinematically compelling, and blatantly racist support for a US invasion of the country most associated with ancient Persia, Iran — little surprise that Javad Shangari, a cultural adviser to Iranian leader Mahmoud Ahmadinejad, described 300 as being "part of a comprehensive U.S. psychological warfare aimed at Iranian culture," according to Variety. Certainly, stereotyping is nothing new in the realm of the sword and the sandal, and 300‘s Spartan heroes are pale faced and peppered with accents from throughout the United Kingdom (though not the evilly aristocratic upper-crusty tones pushed by Romans of yore) — a case for multiculturalism and inclusiveness they ain’t.

The film, however, firmly positions these "free" people versus the dark-skinned "slaves" of the Orient, holding their noble defenses against the dusky masses. According to 300, it may be futile to battle the hordes of the Persian empire — tellingly, an imperial array of warriors from Asia and the Middle East that resembles a mindlessly blood-thirsty "It’s a Small World After All" — but dying a good death and fighting for one’s supposed freedom is the right and noble path to take. Freedom is a word that’s bandied about repeatedly here and in Transformers, but it’s obviously the privilege of a select Darwinian few.

Snyder resorts to the ignorant and offensive tact of visually equating the forces of evil and darkness with the dark skins of the Persian forces. And the empire’s pierced, proud, and power-hungry leader Xerxes (Rodrigo Santoro) — painted as perverse and ensconced in a polymorphic harem — comes off as a fetishy freak next to the Spartans’ King Leonidas (Gerard Butler) and Queen Gorgo (Lena Headey), who are fiercely straight (judging from Leonidas’s odd and likely historically inaccurate disparagement of bookish Athenian "boy lovers") and, by implication, straight shooting and Spartan-soldier tough. Which isn’t to say there aren’t vulnerabilities in the Spartan armor: Leonidas and his too meticulously CGI-embellished troops live and die by standards that doom the weak and disabled, and when a rejected Spartan hunchback is denied entry into their ranks, the scene is set for their final destruction, one that rhymes with that of Toshiro Mifune’s Japanese Macbeth in Akira Kurosawa’s 1957 Throne of Blood.

Able-bodied elite fighting forces take an even more artificial turn with Transformers. Though its production was aided and abetted by the US armed forces, preening military hardware in displays that rival those of the alien robots, the movie nonetheless exhibits a conflicted relationship with warfare that reflects the mood in the country. At moments its scenes precisely echo the visuals of those ubiquitous "Army of One" recruitment commercials; at others it reveals a wariness of its very exhibitionism. It’s no marvel that director Michael Bay (Pearl Harbor, Armageddon) can ape those ads as adeptly as a ‘bot can mimic a sports car: in early 2006 he wrote on the MichaelBay.com forum, "The military looks like it is going to support the film, which is a big deal in giving the movie scope and credibility. The Pentagon has always been great with me because I make our military look good."

In keeping with that two-way support system and setting Transformers clearly in the Persian Gulf, Bay applies a veneer of salable heroism to his scenes of military machinery in action by battling the nefarious Decepticons and hastily dabs a quick layer of humanism on an identifiable, multilingual, and diverse clutch of everyday grunts. Jon Voigt’s defense secretary makes his share of wrong moves, but he’s no Donald Rumsfeld. This is likely Bay’s most successful film, thanks to the self-mocking humor of the script, which extols the bond between "man and machine." After all, he knows and we know Transformers is all about toys — our hardware versus their hardware — and what makes them go, a.k.a. energy — whether it’s the magical, Energizer Bunny envy-inducing all-spark cube or that oil the film’s military is battling over when it isn’t strafing robots.

The question is, who is to be trusted? Intriguingly, the Decepticons hide in plain sight on Earth by assuming the guise of US Air Force jets, Army tanks, and police cars, while the good Autobots change into civilian big wheelers, trucks, and cars. If a car makes a man, the machines in Transformers are giving out conflicted signals. *

KIMBERLY CHUN’S POP TOPS

<\!s>Most valuable hair: Javier Bardem’s do in No Country for Old Men (Ethan Coen and Joel Coen, US)

<\!s>Most versatile player: Christian Bale in I’m Not There (Todd Haynes, US), Rescue Dawn (Werner Herzog, US), and 3:10 to Yuma (James Mangold, US)

<\!s>Thug life: Eastern Promises (David Cronenberg, UK/Canada/US) and American Gangster (Ridley Scott, US)

<\!s>Horrific kicks and sick twists: Grindhouse (Robert Rodriguez, Quentin Tarantino, et al., US), Black Sheep (Jonathan King, New Zealand), Hot Fuzz (Edgar Wright, UK/France), The Host (Bong Joon-ho, South Korea), Sicko (Michael Moore, US),

<\!s>Geek love: Rocket Science (Jeffrey Blitz, US), Eagle vs. Shark (Taika Waititi, New Zealand), Superbad (Greg Mottola, US)

<\!s>Little love: Control (Anton Corbijn, UK/US/Australia/Japan), Broken English (Zoe Cassavetes, US)

Band together for 21 Grand

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› kimberly@sfbg.com

SONIC REDUCER "Fuck New York. I can stick it out longer. I’ve got a masochistic streak!"

Cue divine, mad laughter. No, this isn’t a disgruntled renter pushed out by another owner move-in or a painter or sculptor resisting the draw of the trad national marketplace — the speaker is Sarah Lockhart, who runs 21 Grand, the jeopardized arts nonprofit and music space around the corner from the Mama Buzz Café, Johansson Projects, and other galleries participating in the insanely popular monthly Art Murmur walk set in what has become the grassroots-art epicenter of Oakland and the East Bay at large.

Going on seven and a half years downtown, Lockhart has been toiling in the trenches of ambitious music and arts programming longer than most. But in the past few weeks she and partner Darren Jenkins have had to close the doors and move shows after a troubling visit by the Alcohol Beverage Action Team, a unit of the Oakland Police Department that also ushered in the closure of underground music venues like the French Fry Factory and Oaklandish. "My thing is to work on this and fight it," the ever-feisty Lockhart continues. "We’re actually going to stay open and maybe provide inspiration for others. I want to have at least 10 years, because Tonic in New York City closed — they lasted nine years — but we’re still here." She chuckles, contemputf8g her tenacity and the vaunted East Coast experimental music club, which closed in April. "I get competitive about weird things! No money, lots of work — let’s see how long it takes before I totally burn out. This is our form of an endurance test."

Consider their current gauntlet the latest in the uncanny, imaginative struggle to provide a place for visual artists, film and video makers, poets, and, notably, musicians — working in every esoteric, noisy, experimental, rockish, improvy, and otherwise unclassifiable stripe — to show, speak, or sound out. Some of the best live music shows I caught in 2007 were at their space: Marnie Stern, the Gowns, the High Places, Lucky Dragons, and Breezy Days Band, which made the programming there the best in Oakland, if not in the running for tops in the Bay. Lockhart and Jenkins have survived nightmare landlords and condo push-outs — first at 21 Grand Avenue, then on 23rd Street — but this new challenge has to be their most frustratingly Kafkaesque.

On Dec. 1, ABAT officials were looking into Shashamane Bar and Grill, whose kitchen door shares the alley entrance with 21 Grand. The latter was closing for the night after a performance. Recycling buckets with empty beer bottles, a tip jar, and a cooler led one of the visitors to give Lockhart a card, saying, she recalls, "We don’t want you to have any problems in the future." Lockhart was alarmed enough to put a halt to most of December’s shows, explaining, "I’m 33 years old. I feel like I’m too old to risk horrible fines from the department and have to call my mother and say, ‘I have a fine for $10,000 — can you lend me money?’ That’s how things began, and then the ball started rolling and things started escautf8g."

It wasn’t enough for Lockhart to simply apply for a cabaret license; she had to navigate a bureaucratic maze of Byzantine proportions while she attempted to get special-event permits from the police in order to continue to put on a few larger shows by artists like Zeena Parkins and Eugene Chadbourne, which led to efforts to get approval from the fire and building departments. "For all they know, we’re a large firetrap that has raves for 4,000 people, so they weren’t signing off on anything," says the exasperated Lockhart, who recently put in 40 to 70 hours of footwork on paperwork and approvals. The nonprofit has been organizing shows for years using grants from the city, but 21 Grand’s hard-to-define, multidisciplinary programming has puzzled bureaucrats.

Still, the onetime Artists’ Television Access programmer is hoping that the few helpful city officials she’s encountered, who are familiar with the closure of spaces like Oakland Metro, can help the nonprofit. Lockhart wants to resume shows next month beginning with a Tom Carter and David Daniell performance Jan. 10, and in the meantime she’s trying to maintain a sense of humor: "the irony is not lost" on her that their recent fundraiser had to be moved to someone’s home and that new legislation allowing the Fox Theatre to be redeveloped as a live-entertainment venue within 300 feet of a school, library, or church might help 21 Grand, which has had its share of developer travails, to get a cabaret permit for their present spot near a Presbyterian church.

Going the private-club route like the 924 Gilman Street Project or heading underground isn’t an option. "Our goal is to have 21 Grand actually have a public presence," Lockhart says. "I want to do something that’s advertised and open to the public so a kid in bumfuck nowhere can see something about it and say, ‘This is cool. I’ll go to this.’ " *

RAPPING DAY

DARONDO


The onetime Bay Area soul-funk-blues cult legend rolls into town — though not in his mythical ivory Rolls. With Nino Moschella and Wallpaper. Wed/19, 8 p.m., $10. Rickshaw Stop, 155 Fell, SF. www.rickshawstop.com

CHARLIE HUNTER


Welcome back the ex-Bay guitar-picking virtuoso as he plays with keyboarist Erik Deutsch and drummer Scott Amendola, and sit back and marvel alongside an audience of hotshots like Kirk Hammett. Wed/19–Sat/22, 8 and 10 p.m.; Sun/23, 7 and 9 p.m.; $16–$24. Yoshi’s, 510 Embarcadero West, Oakl. www.yoshis.com

MOTHER HIPS


The proudly hippie group reassembles — surf or no surf — for butt-shaking holiday sets. Fri/21–Sat/22, 9 p.m., $20. Great American Music Hall, 859 O’Farrell, SF. www.gamh.com

ASCENDED MASTER


Take a hit off the bongos of this local experimento-psych combo. With Top Critters and NVH. Sat/22, 9:30 p.m., $6. Hemlock Tavern, 1131 Polk, SF. www.hemlocktavern.com

Homes for whom?

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› sarah@sfbg.com

After years of letting the free market dictate San Francisco’s housing mix — as a result steadily losing ground on the city’s affordable housing goals — the Board of Supervisors appears primed to place an ambitious bond measure on the fall 2008 ballot to address the housing imbalance.

Winning the necessary support from two-thirds of voters won’t be easy, coming on a ballot with the majority of supervisorial seats up for grabs, the presidential election, and a likely bond measure for rebuilding General Hospital. But Sup. Chris Daly, author of the affordable-housing bond measure, believes it’s a good time to have progressives focus on this most important of problems facing the city.

Last summer affordable-housing funds became a political football in a budget showdown between Daly and Mayor Gavin Newsom, a fight Newsom won, leading to a budget that prioritizes clean streets and a beefed-up Police Department over affordable housing. Newsom’s reelection campaign, which was just gearing up at the time, successfully cast Daly as the villain after the occasionally hotheaded supervisor threatened to bolster housing funds by cutting Newsom’s "pet projects," as Daly called them, which included a community justice center, a Police Academy class, street trees, and the Small Business Assistance Center.

Daly clearly lost that duel when he was savaged by the media and removed from his chair on the Budget Committee by board president Aaron Peskin. But now Daly has bounced back on the issue and secured solid support for his measure, which progressives and affordable-housing activists are already gearing up to fight for next year.

"Just because Newsom had a significant political operation this year does not mean that the affordable-housing issue went away," Daly told the Guardian after securing support for the amendment from six of his colleagues and a broad coalition of housing activists.

The measure would set aside $2.7 billion in city funds for affordable housing over 15 years. It is cosponsored by Sups. Tom Ammiano, Jake McGoldrick, Ross Mirkarimi, Gerardo Sandoval, Sophie Maxwell, Bevan Dufty, and Peskin and backed by Coleman Advocates for Children and Youth (which has made affordable family housing its top priority), the San Francisco Organizing Project, and the Housing Justice Coalition.

The measure would give affordable housing the same baseline of funding that the city already allocates to the Recreation and Park Department fund and the Library Preservation Fund — and less than what it sets aside for the Children, Youth and Families fund, the police fund, and the fire station maintenance fund.

"If we don’t have affordable housing, who is going to use the parks and the libraries?" housing activist Calvin Welch asked.

The amendment would also require the Mayor’s Office of Housing to prepare an affordable-housing plan every three years, present an annual affordable-housing budget, and complete these steps before the rest of the mayor’s budget proposals are finalized.

"I hope these provisions will bring some much-needed transparency and clarity to the affordable-housing process so we can avoid the train wreck of last year," Welch said.

In a June 8 editorial still posted at Newsom’s www.actlocally.org reelection Web site, the San Francisco Chronicle appears to have bought the mayor’s spin that Daly’s request to prioritize housing was all just political theater.

"There was nothing wise or efficient about Supervisor Chris Daly’s bald political ploy to strip $37 million from Mayor Gavin Newsom’s budget priorities and shift most of it into affordable housing," the Chronicle claimed. "Now let’s be clear. We know that San Francisco does need housing. Newsom’s budget also acknowledges the shortage, pumping $217 million into housing programs."

But, according to Welch, "the lie was that Newsom allocated $217 million when he really only allocated $78 million and the board added a further $10 million to the pot…. Newsom was taking credit for more than he was actually allocating and using those other funds to imply that he’d already used a massive amount of the General Fund when he was, in fact, allocating less than the year before. So he was actually talking about a cut."

Newsom press secretary Nathan Ballard told the Guardian that the total affordable-housing budget for fiscal year 2007–08 was $226 million — and of that total budget, "just approximately $90 million is General Fund dollars.

"The balance of funding (the difference between $226 million and $90 million) is a whole variety of other funding sources," he added, listing inclusionary housing in-lieu fees, redevelopment funds, jobs housing linkage fees levied on private development, federal and state sources, and other funds, many of which accumulate over many years, further distorting the budget picture.

But Welch said the housing situation is grim. As he told us, "The truth is that 92 percent of the city’s population can’t afford housing."

Daly’s affordable-housing amendment awaits a Jan. 8 board vote, following a request by Maxwell to allow for affordable housing to be built on sites used under the San Francisco Housing Authority — the so-called Hope SF program — a request Daly supports.

"My issue with Hope SF is [with] any proposal to build a large number of market-rate units on public housing sites," Daly explained, referring to a central tenet of the Newsom-created program.

Meanwhile, a June 2008 ballot measure being pushed by Newsom, Sen. Dianne Feinstein, and a host of other prominent local power brokers threatens to drain what little money the city does have for affordable housing in order to subsidize a massive push by Lennar Corp. to build 8,000 to 10,000 new houses in Candlestick Point, Hunters Point, and the Bayview.

Other than committing to replace low-income Alice Griffith public housing units at a one-to-one ratio, the Bayview Jobs, Parks and Housing Measure does not specify what percentage of the Lennar-built homes will be considered affordable or sold below market rates. Publicly, backers of the measure are presenting the efforts as focused on building a new stadium for the San Francisco 49ers, even though the team has said it would rather move to Santa Clara. Yet the campaign is also keenly aware of the public support for more affordable housing, at least if its ground-level pitches are any indication.

A paid signature gatherer who was recently working the 24th Street BART station (and who also told a Guardian source he was getting the unusually high sum of $2.50 per signature) presented the proposal to passersby as "an affordable housing measure."

Teens girls lusting after Tom Waits

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tomwaits1.jpg

Buddyhead interviewed Tom Waits recently, and while overall, the interview is a piece of shit, we just loved Tom’s response to the following:

So what do you think of Scarlet Johanson doing an entire album consisting of covers of your songs?
Well some songs are meant to be recorded by other people. Those are the seeds in the tomato, you know? You expect that someone will hear it and might wanna interpret it themselves. So we’ll see.

Yea, hey, you might have a whole new audience of 14-year olds!
Oh yea, the teeny boppers, it’ll be like The Beatles concerts, girls crying, holding pictures of me and coming apart emotionally behind police barricades.

“Coming apart emotionally behind police barricades.” The smallest turns of phrase separate the songwriters from the douchebags.

Image credit: Myfilmo.com from “Down by Law.”

Year in Music: Nonplussed and pissed

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Usually around Halloween, I start a top 10 list in my head of the best musical moments of the past year, both live and recorded. Maybe it’s my fucked-up state of late — I’m not feeling too thrilled about anything — but the idea of making such a list didn’t cross my mind until a week ago. I had no obsessions, no CD that wouldn’t leave the deck. But I could remember a few dismal concertgoing experiences:

Jan. 26: The Heartless Bastards play 12 Galaxies on a Friday at the end of a crappy workweek, wherein I was nearly moved to violence against one of my coworkers. Not proud of it, but woot! — there it is. You can only push the Dunc so far before his Cro-Mag DNA reveals itself. So this show, which I had been looking forward to for so long, may simply have been an example of "kicking the dog," or what psychologists get overpaid to call "transference." In the middle of the show some yahoo got within inches of my date’s face, talkin’ about "Hey, what’s up?" She turned to me in horror, I told him to go away, he pleaded his case with his hands waving too close to my face, and the next thing you know he’s on his knees and I’m pounding him on top of the head, which hurts the hand more than the head. It’s still the Age of Quarrel.

Sept. 24: I finally get to see the almighty Bad Brains live, only to have my nose broken in the pit by the back of some Fred Durst wannabe’s exceptionally hard dome as he does the "nookie" dance. Punk rock may not be dead, but it’s sure been infiltrated.

Oct. 8: Turbonegro play Slim’s, and I use my plus one on a sweet but very stoned German girl I don’t know at all. Everything is going swimmingly until the barricade, which appears to be made from San Francisco Police Department fencing and kegs, starts collapsing around security and the band leaves the stage.

In the ensuing soccer chants of "Oh-oh-oh-oh, I got erection!" some tool with an erection starts chatting up my Teutonic friend. That’s all well and good — she wasn’t my girlfriend and we weren’t even dating, but nonetheless, she came to the show with me and I’m standing right next to her. When I tell him to go away, he goes through a beer-soaked nightclub version of Elisabeth Kübler-Ross’s five stages of grief. (1) He denies that there is any issue. (2) He gets angry and gets in my face, saying he isn’t "scared of an old man." (But if I crack you in the face, it’s going to hurt, unless you’ve got the adrenaline from being afraid, so fear might be beneficial.) (3) He bargains with me, trying to bro-down with some rock-lock handshake. (4) He gets depressed when I refuse to be his rock ‘n’ roll, Turbo sailor buddy and keeps yapping in amazement how he can’t understand why I won’t talk it out with him. (5) In a reversion to the anger stage, he gives me his best hockey shoulder check as he walks by, at which point I am compelled to jack his arm behind his back and pray to whatever god or gods might be listening to restrain me from bringing my knee to his face. I do this praying by shouting, "Someone get this motherfucker out of my face!" Security takes him out the back door. I’m sure the cold night air ushered in feelings of acceptance.

Of the three times I’ve seen Turbonegro, the first was flaccid and boring, the second was incredible, and the third was, well, this.

My New Year’s resolution is going to be to meditate more regularly so I’m not driven to aggravation and violence at shows. Or perhaps I’ll just see bands more sparingly. With a little heavy mental excavation, I’ve come up with some good to great musical moments in 2007, which I have saved for my top 10 list.

TOP 10

1. Grinderman at the Great American Music Hall, July 26, and Slim’s, July 27

2. The Stooges at the Warfield, April 19

3. Qui, Lozen, and Triclops! at Cafe du Nord, Sept. 12. Qui’s Love’s Miracle (Ipecac) is most certainly top 10 material as well.

4. Love Me Nots at the Elbo Room, Aug. 31

5. The Shout Out Louds, "Blue Headlights," Our Ill Wills (Merge)

6. King Khan and BBQ Show at 12 Galaxies, Nov. 16

7.Rykarda Parasol and the Tower Ravens at Cafe du Nord, Jan. 5

8. The White Barons, Up All Night with the White Barons (Gearhead)

9. Neil Young, Chrome Dreams II (Reprise)

10. Les Savy Fav, Let’s Stay Friends (French Kiss)

Year in Music: Long walk home

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› a&eletters@sfbg.com

Years ago I ended up at a San Francisco Water Department dinner with my father and an old neighborhood friend, eating in the back hall of a half-century-old Italian restaurant in the Excelsior. The room spilled over with thick-armed men who were union, white, and not bad-off and from whom I learned a thing or two about old San Francisco family names and accents that tell you if someone is from the Richmond, the old Castro, or Balboa. It was a return to the blue-collar ‘Frisco that I was raised in: a posthippie, pre-dot-com city with a ubiquitous — and at one time iconic — KFOG, 104.5 FM, playlist composed of harder rockers by the Stones, Creedence, and the Beatles. My earliest memories of the city are tied to those songs, moaning from tiny car speakers, rattling empty cans of Bud, and wafting over garages that smelled of grease.

Yet there was one member of this blue-collar pantheon I could never get too close to. He was too bombastic. His character was too huge. Even before ingesting punk rock ideology via Maximumrocknroll and Epicenter, I felt in opposition to the stadium and the spectacle. Somehow I had internalized a belief that the Boss was my enemy.

Yet this year I found myself buying Magic (Sony), Bruce Springsteen’s latest album, literally on sight. My teenage self would have been horrified to know that at 30 I would be purchasing a Springsteen record not in spite of the E Street Band but because of it, and that after listening to it again and again, my greatest criticism would be that it has too few Clarence Clemons sax solos. The truth is that I’ve moved well past being appreciative of the man and into the realm of the fan — the kind who marks his Slingshot planner with the date and time tickets go on sale for Springsteen’s latest tour.

As with many young men with elitist tastes, it was Nebraska (Sony, 1982) that broke me. With its high-contrast cover, four-track production, and the slap-back reverb echoing of Suicide, the album suggested an almost punk quality, and it subverted all of my assumptions about Springsteen’s gross theatrics. Here was a serious songwriter with compassion for working people, concern for their dignity, and a subtle hint of darkness. Suddenly, I was listening, and, as I began to discover, so were my friends.

What surprised me most was the nonlinearity and consistency of his politics. Springsteen isn’t partisan, pro-union, antiwar, or above it all. He’s for ordinary people and their battles with life, injustice, and the institutions that seem set on killing their dreams, if not destroying the dreamers. It turns out that "Born in the U.S.A." isn’t a nationalist anthem but an indictment. He takes on police, poverty, and racism with "American Skin (41 Shots)," whose title pointedly refers to the slaying of Amadou Diallo by the New York Police Department. Springsteen is a humanist who never wanted to choose sides in the process of choosing between right and wrong. Perhaps for good reason — it’s hard not to wonder whether Clear Channel radio stations’ boycott of Magic isn’t linked to his fateful decision to openly oppose George W. Bush during the 2004 election.

My slow-burning appreciation for Springsteen’s moral and political iconoclasm wasn’t what really set my obsession with him into high gear. It was the unexpected but inevitable emotional connection that grew. Before I knew it, I was sitting in the dark listening to The River (Sony, 1980) and crying to its titular masterpiece. Conversion is strange, and when a person goes from being outside the church pews to singing in the choir it’s a hard thing to explain to anyone. I can listen to "Atlantic City," "The Promised Land," or even Magic‘s "Long Walk Home" and feel the agony of every person who’s ever loved or lost. I realize I’m willing to give up being aesthetically correct, intellectually above it all, and emotionally safe just to have something I can share with people who seem to live such different lives. Certainly it’s worth it to be transported back home, which makes Magic less like a throwback and more like a time machine. *

TOP 5 MUSIC TOPPERS


1. Top return to shitty form: Siltbreeze

After many years languishing in the land of the giant question marks, Philly scuzz-and-fuzz merchants Siltbreeze not only have begun releasing new records but also happen to be releasing some of the best records in the American (and Australian?!) underground. Harry Pussy, Charlambides, and the Dead C meet US Girls, Ex-Cocaine, and xNoBBQx.

2. Top new band from my new hometown, Portland, Ore.: Eat Skull

What we’ve got is ear-bleeding garage punk that makes up for a lack of speed with a heavy hand on the treble knob. Presented by members of the Hospitals, Gang Wizard, and Hale Zukas, this is the kind of pop violence that hasn’t hurt this good since Henry’s Dress.

3. Top new band from my old hometown, Oakland: Zeroth

Just when I thought I couldn’t be surprised by anything anymore. A trio of smarter than average weirdos, they’ve produced the kind of strangeness that lends itself to nonsense descriptors like "electric ovarian space prog." My butt shook.

4. Top trend: pop noise albums

Though this is really a trend that started a few years ago with records like Burning Star Core’s The Very Heart of the World (Thin Wrist, 2005) and Prurient’s Black Vase (Load, 2005), 2007 saw some of America’s noise heavyweights releasing major statements with actual production values. Mouthus, John Wiese, and Religious Knives all brought great records, but perhaps most startling were the sweet clarity and depth of Sighting’s Through the Panama (Load/Ecstatic Peace).

5. Top label A&R: Southern Lord

They’ve made a pretty clean sweep of the best of left-field cult metal: OM, Wolves in the Throne Room, Velvet Cacoon, Abruptum, and Striborg. My only question is, where’s WOLD?

For more from Saloman, go to www.sfbg.com/blogs/music.

Attacking the nurses — again

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OPINION On Nov. 29, Department of Public Health nurses once again found ourselves in the San Francisco Chronicle. Forecasting a budget deficit that prompted the mayor to implement a hiring freeze, the article alleged the shortfall "stems in part from a jump in the number of police officers and nurses on the city payroll and hefty pay raises doled out to those professions." "It’s our fault again," a nurse colleague uttered with a sigh.

Her remark needs to be placed in the context of the dissonant realities in which health department nurses work. On the one hand, market forces and a national nursing shortage have forced the city to make some improvements in nurse compensation. On the other hand, we work in an underresourced setting where we find it challenging to care for our patients adequately and keep ourselves intact in the process.

Truthfully, most nurses feel we earn our wages. We work on our feet for 80 percent of our shifts, in ergonomically difficult settings. We sometimes serve as nurse, clerk, and engineer simultaneously due to understaffing. We often forgo our full meal breaks. We increasingly suffer injuries, some permanent. Some of us acquire occupational infections.

But far worse is the soul-corroding distress we experience when we cannot meet our patients’ needs or our professional or ethical standards due to short staffing, a broken system, and decisions made by people remote from the realities of direct patient care. We believe that our patients, many of whom are marginalized in our society, deserve the care, compassion, and opportunities for healing that we try to afford them.

Enter the budget process. Every year vital services are slated to be cut. For three years our hospital interpreters, the lifeblood of the hospital, were on the chopping block. Every spring, health care workers, unions, and the community spend hours at City Hall, testifying to the harm that would be done to San Franciscans, particularly the poor and the ill, should hospital services be cut. Regrettably, neither the mayor nor the city controller is required to join the supervisors in hearing this heartbreaking testimony. Through the work of the supervisors, their staff, community coalitions, and an annual outpouring of public concern, some services are saved. But the yearly threats and fights are exhausting and create a cynical illusion that the process is only a political game.

Additionally, not reflected in the budget process is the accumulated erosion of DPH services and infrastructure: the equipment that is not replaced, the vacant positions that remain unfilled or "frozen," etc.

All of these conditions existed when Mayor Gavin Newsom announced the inauguration of Healthy San Francisco, a program created to provide health care to tens of thousands of uninsured San Franciscans through the Health Department. The program’s ability to succeed is based on the department’s plan to hire more clerks, pharmacists, nurses, and providers. The fact that the mayor was one of the program’s architects, along with Sup. Tom Ammiano, unions, and community participants, suggests that access to health care is a policy and budget priority for his administration.

But is it? After the mayor’s advocacy for HSF, it is confusing to read about a hiring freeze and the budget deficit being blamed on nursing hires and salaries. Health care workers and the public need to know where this administration stands. 2

Mary Magee

Mary Magee is a registered nurse who has worked for San Francisco General Hospital for 20 years.

Missing person: have you seen Mandy Stokes?

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Getting the word out for a friend whose cousin has been missing for 2 weeks:

Alicia Amanda Stokes, who goes by Mandy, is 33 years old, 5’4″ with blonde hair and green eyes. She was last seen on Sunday, November 25 at her home in Oakland. Her car was found abandoned containing her wallet and cell phone at 5000 Park Blvd, one freeway exit away from her home. If you have any information that could lead to Mandy’s safe
return home to her family, please call 404-931-7044 or 702-318-1590 or the Oakland Police Department who is investigating her case.

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Bakery driver still on the lam?

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CLICK HERE FOR MORE UPDATES FROM THE CHAUNCEY BAILEY PROJECT

Since a trio of shotgun blasts killed Oakland Post editor Chauncey Bailey on Aug. 2, police and prosecutors have charged only one man with the crime: 20-year-old Devaunghndre Broussard, a handyman at Your Black Muslim Bakery, who is expected to be arraigned this morning.

But Oakland police records raise questions whether a second man, a 21-year-old former San Francisco resident with an extensive and violent criminal history, may have played a role in the journalist’s slaying.
That man, Antoine Mackey, who lived with Broussard and worked at the bakery, remains free. It’s unclear whether police are actively seeking to question him about possible connections to the crime.
Reached on a cell phone with an Atlanta area code earlier this week, Mackey denied any involvement in Bailey’s death.

But a bakery associate, Rigoberto Magana, told detectives that on the morning of theslaying, Mackey drove away from the bakery in a white Dodge Caravan belonging to Magana, according to handwritten police interview notes.

The vehicle in question figures prominently in the crime: Broussard later told homicide detectives he’d used the van to get to and from the scene of Bailey’s killing near 14th and Alice streets in downtown Oakland, and witnesses reported seeing a white van in the vicinity.

One witness said the gunman got in on the passenger side of an older Dodge Caravan shortly before shooting; another saw the assailant flee the crime scene in a waiting white van, police incident reports state.

When homicide detectives questioned Magana, he told them Mackey drove the van away from the bakery’s San Pablo Avenue headquarters at between 5:30 and 6 a.m., returning it to the bakery between 7:30 and 7:35 a.m. with a damaged rearview mirror. Bailey was shot at 7:25 a.m., according to police reports.

Magana, who was living at the bakery, identified Antoine Mackey immediately when shown Mackey’s photograph as the person who drove away in his van and later returned it, the police notes state.

Bakery leader Yusuf Bey IV and Broussard gave police accounts of driving around the night before the killing with Mackey and also met him at the bakery immediately after the shooting and drove to the scene together, according to interview transcripts obtained by the Chauncey Bailey Project.

Broussard, who, like Mackey was raised in San Francisco, told police he shot Bailey three times because the journalist was working on stories about the bakery’s financial woes. He later recanted.

Days after Broussard’s Aug. 3 confession, Oakland police told the media their probe was ongoing and suggested Broussard likely had help. “We don’t believe he acted on his own,” Assistant Chief Howard Jordan said days after Bailey died.

Oakland Police Chief Wayne Tucker did not return telephone calls Wednesday and Thursday to answer questions about Mackey. In earlier interviews, Tucker and other officers refused to discuss him.
Officer Roland Holgren, a department spokesman, said Thursday he couldn’t answer any questions about the Bailey case.

Broussard’s defense attorney said he believes Mackey was involved in Bailey’s killing, and police may have detained him when they raided the bakery compound Aug. 3 but allowed him to go free.

Soon after, Mackey became a fugitive.

He failed to appear for a criminal hearing in San Francisco on Aug. 17, and a warrant was issued for his arrest.
He disappeared, attorney LaRue Grim said this week. “We are hoping he will be picked up sometime in the future.”
Grim said he believes Mackey was involved. “He drove the van. Broussard is very reluctant to point the finger at anyone but I think he will be willing to do so at trial. If he does, he can implicate Mackey and Yusef Bey and couple of others.”

Bey, who is jailed for unrelated offenses, has denied any involvement in the slaying.
In addition to the revelations about the van, a review of police investigative documents by the Chauncey Bailey Project shows:

* In a taped jailhouse telephone conversation with a man identified only as “unc,” the man asked Broussard “what they do with Mackey?” “Mackey got out,” Broussard replied, an apparent reference to police possibly detaining Mackey and releasing him.

* Broussard told police he smoked a cigar laced with cocaine “when we were driving over there” to the corner where Bailey was ambushed. According to the transcript of the recorded portion of the interview, the homicide detective interviewing him, Sgt. Derwin Longmire, didn’t ask Broussard who he meant by “we.”

* Under questioning by Longmire, Broussard said he, Mackey and Bey IV drove past Bailey’s apartment near Lake Merritt the night before the slaying.

* Bey IV told police Mackey and Broussard drove with him to the scene of Bailey’s shooting shortly after it happened, and then went to Lake Merritt, where Bey IV claimed Broussard confessed to him he was the gunman.

* In interviews with detectives, Bey IV identified Mackey as a member of his security team.
Contacted Tuesday night, Mackey said he had nothing to do with Bailey’s shooting.

“I don’t know anything about that. I’d never even consider talking about anything like that,” he said, adding he knew Broussard, whom he described as “the dude from the Muslim bakery.”

Oakland Tribune
staff writer Josh Richman and reporter Kenneth Kim of New America Media contributed to this report.

Hotlines

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› superego@sfbg.com

SUPER EGO Gurl, my phones have been ringing themselves right out of my brand-new Safeway paper bag purse. The pink one, the silver one, the little lavender one I usually keep tucked in my Dita Von Teese fringed mesh teddy — they’re all off the hook, jingling like sequins in daylight. Bitches are chatty — scandal for the holidays, how novel — and you know I’d rather gag on Josh Groban or jack off to the L.L. Bean winter catalogue than keep the gossip from you.

Besides the dish that a certain local magazine is paying clubs to have its "personalities" staff the door at parties (drag queens as product placement — I love it) and the rumors flying around that many long-running weekly parties are shutting down (congratulations, Miss Trannyshack 2007 Pollo Del Mar!), there’s some serious nightlife shit going down. The "not in my backyard" whiners of our gloriously gentrifying city are squawking up a storm, and the San Francisco Police Department and the Board of Supes might actually be listening.

After-hours clubs and restaurants are feeling the heat (North Beach barhoppers may have to do without their postparty slices of pizza soon, and possibly any new bars as well), some up-and-coming neighborhoods may be zoned to exclude any nightlife or "adult" establishments, and I’m even hearing that new bars with liquor license transfers are being pressured to shout "Last call!" at midnight. Say quoi???

On top of all that, violence. Several bars have been brazenly robbed of late, and most clubs are rightly reminding their patrons to stay aware of their turbulent surroundings. Yet nothing can stop the dance floor love. Be careful out there, don’t mix up your mace and your mascara, and check out some great parties — before we’re all forced to boogie softly in our bedrooms.

TURN IT ON


Folks I know and trust have been living for Love It! Wednesdays at Icon Ultra Lounge lately. And given the DJ lineups that often include some of my new faves like No Battles, the dirtybird boys, and way-too-cute Tee Cardaci, I can hardly deny them their bliss. I’ll even be partaking gladly of it Dec. 5, when San Francisco’s very own tidal wave of techno, DJ Alland Byallo, washes over the dance floor to showcase his new label, Nightlight Music. Joining him will be Berlin-via-Detroit techno nomad (technomad?) Lee Curtis, whose live set of tweaky synths, sticky bass, and lo-fi disarray will surely rock the fuzzy Kangols off the crowd. Also glowing lively: a tag team live–versus-DJ set by Nightlight stablemates Jason Short and Clint Stewart. Brutal with the millimeter, kids.

CUMBIN’ AT YA


Cumbia electro-hop? Ah si, it’s happening. And global-eared local DJs Disco Shawn and oro11, of the new label Bersa Discos, are bringing it straight up. "We both went down to Buenos Aires and discovered this crazy experimental cumbia scene," Disco Shawn recently MySpaced me. "Bedroom producers were mixing the classic Latin American sound with electro, hip-hop, dancehall…. We’re bringing this music to the other side of the equator, to unleash it on gringo nightlife." Feel the tap-tap-typhoon of the Bersa Discos boys’ awesome cumbiaton discoveries at their new monthly, Tormenta Tropical, Dec. 7 at Club Six, as well as other synced-up styles of electro Sudamericano, baile funk, and live spazzy hip-hop from the mind-blowing Official Tourist.

TIEFIN’ OUT


Surely one of the best video mashups in the cyberverse is "Tiefschwarz Is Burning" on YouTube, wherein some enterprising goofball laid UK electropop sweetness Chikinki’s "Assassinator 13 (Ruede Hegelstein Remix)" over scenes from Paris Is Burning. The hypnotic minimal techno tune, which turns out, oddly, to be the perfect soundtrack for voguing ’80s downtown queens — RIP Willie, Anji, Pepper, Venus — was taken from Teutonic duo Tiefschwarz’s Essential Mix for BBC’s Radio 1, and before this explanation gets any more complicated, just look it up and fall into a Yubehole about it, already. Better yet, check out Tiefschwarz live (they’re hot, they’re brothers — why not?), courtesy of Blasthaus at Mighty on Dec. 15. German techno soul isn’t, amazingly, oxymoronic.

NIGHTLIGHT MUSIC SHOWCASE AT LOVE IT! WEDNESDAYS

Wed/5, 9 p.m.–2 a.m., $5

Icon Ultra Lounge

1192 Folsom, SF

(415) 626-4800

www.myspace.com/loveitwednesdays

www.nightlight-music.com

TORMENTA TROPICAL

Fri/7, 9 p.m.–2 a.m., $5

Dark Room, Club Six

60 Sixth St., SF

(415) 861-1221

www.clubsix1.com

www.myspace.com/bersadiscos

TIEFSCHWARZ

Dec. 15, 9 p.m.–2 a.m., $20

Mighty

119 Utah, SF

(415) 762-0151

www.blasthaus.com

www.tiefschwartz.net

Editor’s Notes

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› tredmond@sfbg.com

OK: a 26-year-old German exchange student was stabbed in the Outer Sunset two weeks ago by a man who appeared to be homeless. It was a terrible incident, an awful crime; we’ll all stipulate that. And although C.W. Nevius, the San Francisco Chronicle columnist, splashed it all over the front page of the Sunday paper Dec. 2, it really shouldn’t have anything to do with how the city sets homeless policy.

But it’s got me thinking.

Nevius is apparently shocked that there’s been a sudden increase in the number of homeless people living in the Sunset. I could have told him and the mayor and the police department a month ago that this was going to happen.

See, thanks to a series of Nevius columns about homeless encampments in Golden Gate Park, Mayor Gavin Newsom got election-year tough this fall and created special teams to go into the park and roust the residents. The mayor, of course, said that all he wanted was to get people into shelters, to get them treatment, to provide them the support that he insists his administration is delivering.

But the fact is, there aren’t enough decent places for all of these people to live. Some day, I still believe, the people in San Francisco (and the people who run the country and the state) will come to their senses and realize that it’s entirely possible to end urban poverty, but that it will take big chunks of money, multiple billions of dollars, and that the wealthy people who like to complain about the folks on the streets will have to pay higher taxes to make it happen. We live in a rich city and a rich country; we can afford to build housing and create jobs and fund welfare programs. We just don’t want to — because we’re Americans and we’ve been told for a couple of generations now that we don’t have to sacrifice for social progress.

In the meantime, no law-enforcement crackdown or Care Not Cash program or shelter system is going to end homelessness in San Francisco. There are going to be people living on the streets because they can’t afford to pay rent on even a nasty single room and they don’t want to deal with the rules and structure of the shelter system.

And I have to wonder:

Weren’t we all better off when we let them sleep in the park?

I know that’s not a terribly satisfying approach to public policy; I know there were and are problems (dirty needles, human waste, befouling of valuable and rare public space) associated with the camps. I know that in theory nobody should be camping in Golden Gate Park; as one city resident reminded me at a neighborhood forum not long ago, the park isn’t a wilderness — it’s a garden.

But nobody should be sleeping in doorways or on sidewalks or in makeshift shelters in industrial areas either. I refer you to paragraph five above.

I ask you (and Newsom and Nevius): where are these people supposed to sleep? No, the park isn’t a home, but a camp hidden in a rarely used corner is more of a home than a bed in a nasty, crowded shelter where you have no rights at all, not even the right to come and go when you want. I know where I’d rather sleep.

Maybe, in the spirit of harm reduction, we should just leave the park campers alone.

City Hall’s budget myopia

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EDITORIAL Mayor Gavin Newsom goes before the TV cameras and announces, grimly, that the city faces a massive budget deficit ($229 million) and all departments will have to tighten their belts. There’s an immediate City Hall hiring freeze, and every agency has to prepare for budget reductions of as much as 13 percent. Things are bleak, the mayor insists, and everyone in the city should be prepared for service cuts.

If it feels like you’ve heard this song before, you have. It happens almost every year, and it’s been that way since the 1980s. And it’s not going to get any better until the city takes a hard look at how it brings in revenue and how that matches annual expenses. Before everyone starts lining up behind the mayor’s budget cuts, that’s what the supervisors need to do.

It’s still early in the budget cycle, and the shortfall numbers are still tentative. So the deficit is really a moving target, and it’s way too soon for anyone to start talking about specific numbers for specific cuts. It’s also entirely possible that the doom-and-gloom budget talk is aimed in part at derailing efforts by Sup. Chris Daly to put a charter amendment on the June 2008 ballot that would set aside $30 million per year for affordable housing.

But we’ll stipulate that the numbers aren’t good and that once again the city will have an unpleasant budget season with worthy causes, organizations, and agencies fighting one another over small bits of available money.

It’s also clear that Newsom’s first response to the problem is entirely wrong. "Although he wants to trim the fat," Newsom’s spokesperson, Nathan Ballard, told reporters, "the mayor made it abundantly clear he doesn’t want to see a reduction in people sweeping streets or police officers walking beats."

In other words, it’s fine if poor people can’t get treated at San Francisco General Hospital or mental health and substance abuse services get eliminated or funds for homeless housing disappear — but the streets will still be squeaky-clean. And for the record, the mayor resisted all efforts to get cops to walk beats and was only forced into approving it after the supervisors overrode his veto.

The hiring freeze is a gimmick: you can’t possibly run an operation the size and complexity of San Francisco city government with critical positions unfilled. What’s actually happened is that Newsom told department heads they can’t hire anyone without getting approval from his office first. So in effect, Newsom has given himself a direct veto over all personnel decisions at City Hall. He’ll simply make sure that the jobs he wants filled and the agencies he wants to continue operating properly will be spared, and others will get squeezed.

It’s a way to set policy without ever publicly discussing it, a way to shift money around without public hearings or input from the supervisors. It’s not a way to solve budget problems.

In fact, balancing San Francisco’s books — now and next year and the year after that and into the future — requires something that’s in short supply at the Mayor’s Office: direct and honest communication.

Here’s the problem: San Francisco, because it’s a city and a county, does a lot more than most other municipalities. And because it’s a city with active groups pushing for humane policies, it’s a city that tries to provide services that ought be paid for by the federal or state governments. In a rational system, San Francisco wouldn’t have to come up with $30 million per year for affordable housing; billions of dollars would be coming out of Washington DC to address poverty, homelessness, and the housing crunch in American cities. San Francisco shouldn’t be setting aside cash from the General Fund for the public schools; the state of California ought to be funding the schools at a level that would make local support unnecessary. And wealthy people in the United States (including in California and San Francisco) would be paying higher taxes to fund those things.

But that’s not the real world. Right now San Francisco has to find local money for pressing needs — and the city is both unable and unwilling to raise that revenue from its wealthiest residents and businesses. So the city budget is perpetually out of whack.

There are only two choices, really: the city can stop trying to do what the feds and state won’t, can back down on its commitment to something resembling a livable community and some form of social justice — or the folks at City Hall can start talking seriously about bringing in another $250 million per year in revenue.

It’s tough to raise taxes in a California city; state law sets high barriers. But it’s not impossible, and if the mayor and the supervisors came up with and campaigned for a comprehensive and progressive overhaul of the city’s tax system — with the goal of making the local rich people who have benefited from the George W. Bush tax cuts pay their fair share — San Francisco could get out of these constant and painful budget problems.

We’re getting sick of waiting.

Race, violence, and money

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The shooting death of football’s Sean Taylor was mangled by the Media
By A.J. Hayes

Fox News isn’t the only media outlet that lets the facts get in the way of a good story.

Last week the sports media throughout the nation stumbled over themselves painting a “Boyz n the Hood” story line behind last week’s tragic shooting death of pro football star Sean Taylor in south Florida.

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The theory was that Taylor just couldn’t shake his ghettoized past.

It’s an idea that’s quickly becoming one of the most commonly used race-related clichés in sports. It’s a versatile stereotype too, adaptable to any African-American athlete who’s either a crime victim or is implicated in a violent crime.

While police in the early stages of their investigation said the attack did not appear to have any gangland connection, the media – columnists and sports talk show hosts who had minimal knowledge of Taylor’s life away from the gridiron – weren’t having any of it.

It was clearly a “home invasion” they said, orchestrated by a vindictive group of Taylor’s former running mates, who were kicked to the curb when Taylor inked a $19 million contract to play defensive back for the Washington Redskins.

Cut the cleaners

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In stories on the $229 million budget deficit that San Francisco could be facing next year, both the Chronicle and the Examiner used the same telling quote from Mayor Gavin Newsom’s press secretary, Nathan Ballard: “Although he wants to trim the fat, the mayor made it abundantly clear he doesn’t want to see a reduction in people sweeping streets or police officers walking beats.”
Why is this guy so obsessed with street cleaning? As a bicyclist, I get irritated by the wet streets, which they often are since Newsom became mayor. As an environmentalist, I see this city’s manic scrubbing as a waste of water (which will grow more precious with climate change) and money and source of more toxic waste (as the Guardian reported last spring). My sense of social justice is also disturbed when street cleaners become a weapon against homeless loiterers, the working class, and street parties.
But the mayor seems to think daily street scrubbing is more important than the social services that his budget will ultimately target. Hell, his official website still prominent features (under “Recent News”) his “Back to Basics Budget” proposal from last spring, which focused on clean streets. With all due respect, Mr. Mayor, maybe it’s time to stop pandering to the conservatives and the business community and develop some kind of vision and agenda that we can all support.
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Images from SF Department of Public Works website

Defying the injunction

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› news@sfbg.com

While City Attorney Dennis Herrera can claim victory in winning court approval for his controversial gang injunctions, at least one targeted group is openly defying the terms of the preliminary order, trying to make a statement that they should be given a chance to heal the wounds they helped create.

Alleged members of the Eddy Rock gang in the Western Addition, from the Yerba Buena Plaza East housing complex at Eddy and Buchanan streets, have continued to hold small film festivals and other gatherings in an attempt to show the public that despite being labeled violent criminals, they are making a positive contribution to the community.

As the San Francisco Police Department and City Attorney’s Office say they are preparing to enforce the injunction, many of the named parties in the Western Addition say they will continue to congregate within the four-block "safety zone," an area where they are forbidden to loiter, be in the company of other gang members, or engage in other banned activities. In defying the injunction, they risk being jailed for up to five days.

"They’re trying to force us out of our community, but we’re [going to] fight it," Maurice Carter, a 32-year-old alleged gang member, told the Guardian.

The decision by targeted members to forge ahead with their community-building efforts is an attempt to sway city officials into easing the restrictions of the injunction, a prospect that seems unlikely at this stage.

"We’ve got the most influence of anybody," said Paris Moffet, whom the city attorney has identified as the leader of Eddy Rock, a label the 27-year-old disclaims. "But they don’t think so. Instead of putting us down, if they want to stop the violence, why aren’t they helping us?"

Superior Court Judge Peter Busch granted three injunctions sought by Herrera on Oct. 18 against two other gangs in the Western Addition and the Norteños in the Mission. The date for enforcing the injunction remains tentative, and city attorney spokesperson Matt Dorsey said, "Out of an abundance of caution, we will not begin to enforce the injunction against an enjoined gang member until after the proof of service for that individual has been filed with the court."

The city attorney is also holding sessions, with the help of the Gang Task Force, to properly train local police to enforce the measure. However, Lt. Ernie Ferrando of the task force said his unit can and likely will apply the restrictions to those who have already been served.

As of Nov. 26, 33 individuals have been served with injunctions, Dorsey said. Twenty people from the Western Addition — five from Chopper City, 10 from Eddy Rock, and five from the Knock Out Posse — have been given notice, along with 13 Norteños from the Mission.

Despite the measures being taken by police and the city attorney, which involve careful efforts to make sure only people named on the injunctions are prosecuted, critics of the approach say the injunctions may no longer be necessary in the Western Addition, where many of the targeted individuals seem to have made great strides over the past few months.

"I’ve been coming down here for four years, and this is the first summer that I haven’t had to drive over caution tape," said Sheryl Davis, program director of Mo’ Magic, which is based in the nearby African American Art and Culture Complex on Fulton Street. "So something is working."

The last gang-related homicide occurred in May, Northern Police Station captain Croce Casciato said. Police say the reasons for the decrease in violence are varied, but few can argue against its scope. The alleged gang members who have been targeted maintain that they — not outside forces or the injunction — are most responsible for the turnaround.

"There’s been a lot of bloodshed here. We’re trying to clean that bloodshed," Moffet said. About the looming threat of the injunction, he added, "We’re [going to] stand tall no matter what they say. Everybody makes mistakes. The main thing is trying to better yourself. That’s my leadership — stopping the violence."

Davis, who helped the film fest at Plaza East secure a digital projector, agreed that the respite in killings is directly attributable to the alleged perpetrators. While she didn’t criticize outright the efforts of the city attorney, she did say the recent positive actions by alleged gang members should be noted and that the injunction will likely act as a deterrent to such activities.

Of community-based efforts in the Western Addition, Davis said, they "should be duplicated, not shut down."

But proponents of the injunctions say they won’t hinder positive efforts. Nor will it be impossible for targeted gang members to be removed from the list. Public Defender Jeff Adachi is currently pushing for an opt-out provision that would permit injunction targets to petition for their removal by proving they are not involved with gangs. It’s an idea that has been supported in concept by the city attorney, though the details have yet to be worked out.

Lt. Ferrando pointed out that the injunctions might help gang members to escape the lifestyle without fear of retribution.

"This gives some guys the chance to leave the area for good," he said, noting that after the first injunction was approved, against the Oakdale Mob in Bayview–Hunters Point, several members simply never came back to the area and were never served.

Still, those named as members of Eddy Rock expressed concern that their recent positive efforts may go to waste.

"Some of the guys doing the good work are on the injunction. I find that very unique," said Marquez Shaw, a 26-year-old who is described in court papers as a member of the gang, though he is not on the list of targeted individuals.

In a video made by the group during a recent gathering, 20-year-old alleged member Hannibal Thompson says, "We got a lot of good stuff going on right now. Don’t take it away from us."

Sex crimes grandstanding

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EDITORIAL Sex offenders are an easy political target. Nobody wants to be portrayed as soft on child molesters; nobody wants to defend ex-cons who are required to register their whereabouts with the police. Jessica’s Law, the state bill that bars registered sex offenders from living within 2,000 feet of any school or park, passed overwhelmingly in 2006, and only a few brave politicians, including San Francisco sheriff Mike Hennessey and Assemblymember Mark Leno, were willing to oppose the measure on the grounds that it’s counterproductive and unworkable.

Now Joe Alioto Veronese, a San Francisco police commissioner and candidate for State Senate, has launched an effort to force the local police to roust sex offender parolees who live in San Francisco. It’s good politics for someone who wants a high-profile campaign issue, but it’s bad law enforcement policy.

Proposition 83, which Veronese supported, imposes harsh penalties for anyone convicted of a sex crime. It also prevents all convicted offenders from living in San Francisco, since there’s not a single residential unit in the city that isn’t within 2,000 feet of a school or a park. That, of course, simply forces the problem onto other communities — and tends to send offenders to rural areas, where they lack access to services and ties to the community. By most accounts, isoutf8g ex-cons is a bad way to prevent future criminal conduct.

But there’s a loophole, and the state Bureau of Prisons has made no effort to hide it. If an ex-offender registers as transient — that is, homeless — the state can’t bust him or her for living too close to a school or a park. So some number of parolees — perhaps as many as 166 — released after committing sex crimes have returned to San Francisco and registered as transients. Some of them probably are, indeed, homeless. Some are no doubt trying to find a way to live in this city without vioutf8g Prop. 83 (and thus vioutf8g their parole, which means returning to prison).

Veronese wants the San Francisco Police Department to go out and find every one of these transients and, if they aren’t in fact homeless, arrest them for parole violation. That’s going to take a lot of police time — and is unlikely to be terribly effective.

For starters, it’s not the job of the SFPD to monitor parolees. The state’s Department of Corrections does that — and every transient parolee has to check in with his or her parole officer every single day anyway. Veronese told us he doesn’t expect the SFPD to send ex-offenders back to prison — but if they’re arrested, that’s exactly what will happen.

And for the record, as Sheriff Hennessey points out, only a very small percentage of paroled sex offenders are rearrested for sex crimes. The vast majority of child molesters — the category of criminals Prop. 83 was aimed at — are relatives of the child in question, not strangers on the street. And every one of these parolees already has to wear a GPS bracelet.

The whole effect of Veronese’s policy will be to drive further underground a population that shouldn’t be hiding in the shadows. It would encourage parolees to hide, to remove their locator bracelets, and to avoid service providers. It would divert police resources at a time when the murder rate is soaring.

It’s a bad idea that the rest of the commissioners should shoot down. And if Veronese wants to be a serious candidate for State Senate, he should start talking about real issues and leave the phony "tough-on-crime" stuff for the Republicans.