Police

Local media form the Chauncey Bailey Project

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When journalist Chauncey Wendell Bailey Jr. was murdered Aug. 2, questions arose as to who could have committed such an act, in broad daylight, and what could have motivated the killing. Shortly after the slaying, police arrested Your Black Muslim Bakery handyman Devaughndre Broussard, 19, and charged him with the crime. But deep questions remain, starting with who really called the shots in the killing — and what they were trying to cover up.

In an effort to pick up where Bailey left off, a rare coalition of media rivals and scholastic colleagues — more than two dozen reporters, photographers, and editors from print, broadcast, and electronic media — have formed the Chauncey Bailey Project, an investigative team that will continue and expand on the reporting Bailey was pursuing at the time of his death.

"We as an industry cannot stand for a member of the press to be gunned down in the course of doing his job. That’s a threat to democracy; that’s a threat to journalism," said Dori J. Maynard, president and chief executive officer of the Robert C. Maynard Institute for Journalism Education.

Although several local media outlets have reported on the circumstances that may have led to Bailey’s death and his connection to Your Black Muslim Bakery, this project will delve deeper into his investigative work prior to his death.

The project promises to be the largest communal journalistic endeavor since the Arizona Project was formed 31 years ago in the aftermath of the murder of Arizona Republic investigative reporter Don Bolles. The Guardian is committing the efforts of award-winning reporter G.W. Schulz and other resources to the project. Our media partners include the Bay Area Black Journalists Association, Bay Area News Group (including the Oakland Tribune, Contra Costa Times, and San Jose Mercury News), Center for Investigative Reporting, KGO-AM, KQED Public Radio, KTVU-TV, KPIX-TV, Maynard Institute for Journalism Education, National Association of Black Journalists, New America Media, New Voices in Independent Journalism, UC Berkeley Graduate School of Journalism, San Francisco State University Journalism Department, San Jose State University Journalism Department, and Society of Professional Journalists (Northern California Chapter).

"This project is essential to Oakland and essential to us as journalists who wish to emphasize the point that you can kill the messenger but the message is still going to get through," said Pete Wevurski, executive editor of the Oakland Tribune.

The first stories from the Chauncey Bailey Project will be available at www.sfbg.com. For more information about the project and its collaborators, contact the Robert C. Maynard Institute for Journalism Education at (510) 891-9202.

The cold case of Brad Will

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OPINION Oct. 27 marks the first anniversary of the assassination of New York Indymedia photojournalist Brad Will by police in Oaxaca, Mexico, under the thumb of a corrupt and tyrannical governor.

Will was gunned down just outside Oaxaca City while filming a pitched battle between supporters of Governor Ulises Ruiz Ortiz and members of the Oaxaca Peoples Popular Assembly (APPO). Will, 36 at the time of the killing, was the only American among 26 victims shot by Ruiz’s police and paramilitary operatives during protests in that state in 2006. No one has been held accountable for any of these murders.

A year after Will’s death, those who killed him are walking the streets. No charges have been filed against them, despite graphic evidence of their culpability. Will, true to his profession, never let go of his camera; he inadvertently filmed his murder, and photos of five cops firing their weapons at him appeared in major Mexican newspapers the day after the killing.

Indeed, the Guardian and 25 other member newspapers of the Association of Alternative Newsweeklies published a startling photograph of his killers on their front pages Aug. 8 along with a 5,000-word investigative report I wrote probing the circumstances of the independent journalist’s death.

Yet although there have been repeated public denunciations of the killing by such international human rights watchdogs as Amnesty International, Human Rights Watch, and the Organization of American States’ Inter-American Commission on Human Rights, neither the Mexican government nor, more pertinently, the US State Department has demanded justice for Will. The case now molders in the cold-case file, and despite street protests on both sides of the border, a barrage of e-mails to both governments demanding a thorough investigation of the murder, and even a visit to Oaxaca by his bereaved family, no authority has been animated to revisit this travesty.

The failure of the US government to demand accountability from Mexican president Felipe Calderón and Governor Ruiz is appalling. During the past year the US embassy in Mexico City under the direction of George W. Bush crony Tony Garza has been conspicuously silent about Will’s killing. In fact, the embassy’s only response to this murder since last Oct. 27 has been to warn American tourists about visiting Oaxaca.

The night Will was killed, Garza used the opportunity to condemn the popular movement in Oaxaca, thereby green-lighting then–Mexican president Vicente Fox to send in federal troops to crush the rebellion.

Will was one of 20 journalists working in Mexico to have disappeared or been killed since 2000. According to a count kept by Reporters Without Borders, 81 journalists were killed worldwide in 2006. Murdering the messenger continues to be the modus operandi of repressive governments and their security forces.

Will did not work for the New York Times. He was an independent voice on the front line of social protest in Latin America, and he paid a terrible price for his valiant and necessary reportage. In Mexico and elsewhere, when those who work for social change are so martyred, we do not concede their deaths, because their work is always with us. A year after his as-yet unresolved murder, Will is still present.

"Brad Will, presente!"

John Ross

John Ross has been the Guardian‘s correspondent in Mexico for the past 22 years.

The price of the sweeps

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› amanda@sfbg.com

The number of homeless individuals slapped with quality-of-life citations and the cost to the city of processing those citations reached new highs in the past 14 months, according to a study released by Religious Witness with Homeless People. San Francisco taxpayers have paid more than $2 million for more than 15,000 citations issued to people for crimes committed because they have no place to live.

"The quality-of-life citation … begins an extremely expensive process," said Michael Bien, a lawyer on the steering committee of Religious Witness, an interfaith activist group started in 1993 by Sister Bernie Galvin.

The study, released at an Oct. 4 press conference, was based on documents provided by various city departments. The authors collated the costs from the initial ticket issued by a cop through the entire court process, including the new price of prosecution by the District Attorney’s Office (see "The Crime of Being Homeless," 10/3/07).

The results are an update of a similar survey conducted last year (see "Homeless Disconnect," 9/5/06). Collectively, the two studies found that a total of 46,684 citations have been issued to homeless people, at a cost of more than $7.8 million, since Mayor Gavin Newsom took office.

But the mayor might not want you to know that. While Religious Witness was unveiling the study at a press conference in the South Light Court of City Hall, the mayor was hosting a simultaneous event about his heavily promoted Care Not Cash program, which provides homeless people with services and housing instead of the money they once received through the County Adult Assistance Program.

"What really bothers me," Sup. Ross Mirkarimi told the crowd gathered to hear Religious Witness, "is that we learn at the last minute that Mayor Newsom decides to have a press conference at the exact same time. To me, that couldn’t be more base and exhibitive of bad form … to try and upstage a press conference like this." He said the mayor’s administration should be working with organizations like Religious Witness, not competing against them.

NEWSOM WON’T MEET


Galvin expressed dismay that the mayor chose not to attend, on top of scheduling a competing press conference on the issue of homelessness. "We’ve never had a press conference where we didn’t have full press coverage," Galvin said.

"We’ve been trying to meet with Mayor Newsom since the day he took office," Bien said. "He hasn’t even given us the dignity of a response."

Newsom’s press secretary, Nathan Ballard, said he knew nothing about the event until he returned from his boss’s fete at the Pierre Hotel, a single-room-occupancy hotel on Jones Street that houses some Care Not Cash recipients. He denied any intention to detract attention from Religious Witness’s study. "I chose to do this a couple of weeks ago. There’s no deep, dark conspiracy," Ballard said. The day was chosen to announce that Care Not Cash had "reached a significant milestone of housing over 2,000 formerly homeless individuals," according to a press release.

Actually, the Care Not Cash program exceeded the 2,000 mark in August, according to statistics posted on the mayor’s Web site.

This is not the first time the mayor has scheduled a competing press conference. In June, on the same day the Board of Supervisors passed the city’s Community Choice Aggregation plan for more city-owned renewable energy, the mayor announced a new partnership with Pacific Gas and Electric Co., to study tidal power (see "Turning the Tides," 6/27/07).

Religious Witness chose Oct. 4 to release the study results because it’s the Feast of St. Francis, a day celebrating the city’s patron saint, "a man known to have enormous compassion," Father Louie Vitale explained. "Does the mayor have compassion fatigue?" he wondered aloud.

The decisions about where a city spends money speak volumes about its values. "Every budget is a moral document," said John Fitzgerald, who enumerated many other uses to which the $2 million could have gone, from placing 1,028 people in three-month residential drug treatment to five new drop-in mental health clinics, 157 new caseworkers, or 10,230 preventable evictions.

THE NEW MATRIX


Sup. Chris Daly, who attended but did not sponsor the Religious Witness press conference, said, "Not only is the use of police to target homeless people uncompassionate and inhumane, but it’s also ineffective." He recalled the first Religious Witness press conference, which denounced then-mayor Frank Jordan’s Matrix program, which teamed police officers with social workers to remove homeless people from Union Square and later Golden Gate Park. That program was deemed a failure because it criminalized homeless people and alienated them from helpful services by teaming outreach workers with law enforcement.

"We’re repeating a policy that we know is a failure," Daly said. "It’s a complete lack of compassion."

Recently Daly made public a memo he obtained from the mayor’s office through a public records request. The document outlined a new "downtown outreach plan," similar in sound and structure to Jordan’s Matrix. In a Sept. 28 Weekly Report to Newsom’s chief of staff, Phil Ginsburg, deputy chief of staff Julian Potter wrote, "The pilot program includes three separate teams of officers and social service staff that work a 15-block area" in two separate shifts patrolling the SoMa district. "In each of the three teams an officer will work in tandem with two social service representatives. Any person committing a crime (littering, encampment, trespassing, urinating, defecating, dumping, blocking sidewalk, intoxication, etc.) will be asked to cease the behavior and enter into services. If the individual resists services the officer will issue a citation."

Though it’s reminiscent of the approach that Jordan advocated, both the Operation Outreach team, made of police officers who typically interface with homeless people, and the Homeless Outreach Team, operated by the Department of Human Services, have denied they would accept the approach as Potter penned it.

"I have to be very emphatic," said Dr. Rajesh Parekh, director of HOT. "We are not going to be teamed up with police officers." Though police officers often refer HOT to specific people, he said recent news reports are inaccurate and "in the interest of our clients we’ve never done shoulder-to-shoulder work."

Lt. David Lazar, who heads the San Francisco Police Department’s Operation Outreach, agreed that his officers won’t walk in lockstep with the doctors and social workers who are offering services. But the line can get a little fuzzy: "We’re there at the same time, but we’re not necessarily together," he said. "We’re separate in our approach."

"Basically what the memo is proposing is illegally arresting people," Jenny Friedenbach, executive director of the Coalition on Homelessness, told us.

Under state law, people can’t be taken into custody for infractions like urination and littering. But camping illegally can be considered a misdemeanor, and a citation could eventually lead to an arrest and a jury trial. Prosecuting and imprisoning people is far more expensive than providing shelter.

While some see the coupling of enforcement with services as a way to encourage more people to get help, others contend it’s not a simple equation.

"I think some people are not always able to say yes the first time we do outreach with them," Parekh said. "I’m hoping that as time goes on we’ll be able to persuade them. It’s an ongoing process. It’s not a one-time thing." He said more than half of the help offered is accepted in some form, but it can take as many as 20 attempts to win over what amounts to a small number of people who require persuasion.

Representatives from the Coalition on Homelessness on Oct. 4 witnessed the first of the SoMa sweeps, or "displacements," as they’re more kindly called, and confirmed that the cops and service providers had some distance between them.

"That’s what they did during the first month of Matrix," Daly said to the Guardian. "That will change over time."

In the meantime, the supervisor has reintroduced a $5 million allocation for supportive housing for homeless people that was passed by the board last spring but defunded by Newsom.

Stop the homeless sweeps

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EDITORIAL Sister Bernie Galvin and Religious Witness with Homeless People held a press conference Oct. 4 to release some remarkable data: since Mayor Gavin Newsom took office, San Francisco has issued 46,684 citations to homeless people, mostly for what are known as quality-of-life crimes. That’s cost the taxpayers $7.8 million.

Unfortunately, almost no news media showed up — the mayor, it turns out, somehow scheduled his press conference on homelessness at exactly the same time. As Amanda Witherell reports on page 15, Newsom’s staff say it’s all a coincidence — but it reflects how this administration is increasingly treating homeless issues.

Newsom, with the assistance of District Attorney Kamala Harris, is shifting the city back to a model that treats homelessness and poverty as crimes. But years of evidence prove that approach doesn’t work.

Newsom’s plan, outlined in a memo that Sup. Chris Daly made public last week, involves sending a team of social service and outreach workers through the Tenderloin with police officers. Now the cops and the social workers are saying they won’t patrol together, but the message and the impact are the same: people who commit the sorts of offenses that are almost inevitable when you don’t have a place to live — like sleeping on the streets and panhandling — will increasingly be dragged into the criminal justice system.

Frank Jordan, a former police chief, tried that when he was mayor in the early 1990s; he called the program Matrix, and it was an utter failure. The reason is obvious: most homeless people can’t pay the fines for these violations. So either the citation process is a waste of everyone’s time or, if the city pursues the nonpayment and piles on more and more citations, it winds up creating a criminal record for someone who already is going to have trouble finding work. The promise of services implied by the social workers’ involvement in Newsom’s plan means nothing if services aren’t there — and the city still can’t offer, say, substance-abuse treatment on demand or enough housing for all of the people who need it.

Yet despite all the evidence, Harris has now assigned a full-time staffer to do nothing but prosecute these low-level offenses. She and Newsom both say they want to help people use services — but the only service the DA’s Office offers to homeless people who wind up in court is a handout, a single-page list of referrals.

San Francisco has been down this road so many times before that it’s infuriating. Criminalizing homeless people is not only wrong; it’s expensive, inefficient, foolish, and morally offensive. It also clogs the courts and takes the cops even further away from working on serious crimes.

Daly says he’s going to reintroduce his measure allocating an additional $5 million for housing for homeless people. That’s a good move, of course. But the supervisors ought to think about something else: if Harris, Newsom, and the cops want to persist in counterproductive and cruel homeless sweeps, perhaps the supervisors should move to cut funding to those departments by a total of, say, $7.8 million. 2

Postmortem

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› gwschulz@sfbg.com

Being named journalist of the year is a significant distinction. It’s just too bad that Chauncey Bailey isn’t around to receive the award.

The Northern California Chapter of the Society of Professional Journalists named Bailey the winner of its top award Sept. 21, citing his "his fierce commitment to investigative journalism in the face of personal danger."

"At a time when journalists around the world are under threat for simply doing their jobs," the group said in a statement, "Bailey was a forceful presence in print and on radio and television in the Bay Area for the past 15 years. A tireless advocate for the African American community, he was assassinated while pursuing a story, and evidence presented thus far shows that he was assassinated because he was pursuing that story."

The longtime reporter and editor was shot to death Aug. 2 at the shady intersection of 14th and Alice streets in Oakland. That intersection, the site of Bailey’s Oakland Post office, sits in the center of the city’s power structure, with county court and government office buildings situated nearby.

An employee of Your Black Muslim Bakery — a group that has a history of both political influence at Oakland City Hall and severe money woes, which Bailey was investigating — is accused of shooting Bailey twice in the chest and once in the head with a black Mossberg shotgun as Bailey walked to work at the Post.

Devaughndre Broussard, the 19-year-old alleged shooter, was arrested during a raid at four locations, including the bakery’s main address, following the killing. Also arrested in the raids were three other people associated with the bakery and political movement; they were charged with kidnapping and torture following an earlier incident.

At the center of this story is the family of the late black Muslim leader Yusuf Bey Sr., who maintained a violent fiefdom now linked by law enforcement officials to an alleged assassination, vigilantism, child rape, and the abuse of a disadvantaged-business loan to the Bey family and its associates, as earlier media accounts and criminal charges revealed.

Police say they caught Broussard tossing a black shotgun out the window of a 59th Street address during one of the raids and that he admitted the gun belonged to him. Police have told the media that shells found at the intersection where Bailey was killed were linked to the gun.

But Broussard’s attorney has waged a public campaign to prove that Broussard wasn’t the assailant. The Oakland Tribune, where Bailey once worked as a reporter, has reportedly obtained police notes from interrogations that contained details of an unrecorded conversation between Broussard and Yusuf Bey IV, heir to the bakery chain and the black liberation movement that surrounded it.

Broussard’s attorney has insisted that Bey IV, during that brief exchange, coaxed Broussard into confessing to the murder. Broussard later did exactly that and reportedly claimed he pulled the trigger because Bailey was investigating the bakery’s deteriorating finances, which grew worse after Bey IV took over as CEO.

In mid-September, Alameda County reached a $188,000 settlement with three women who filed suit alleging that Bey Sr. assaulted them after local child welfare officials placed them in his custody. The three women first claimed in 2003 that Bey Sr. defecated on them and forced them to have sex with him and drink his urine and semen. But Bey Sr. died of cancer that year before he could face related criminal charges in court.

Bailey joins the growing roster of international journalists attacked or killed for reporting the news. On Sept. 27, Japanese photojournalist Kenji Nagai, who was working for the French news service Agence France-Presse, was shot to death by Burmese troops as they assaulted demonstrators in an increasingly bloody suppression of dissent still taking place in that country.

Reporters Without Borders notes that 75 journalists were killed worldwide in 2007, triple the number in 2002. Fifteen were killed in the Americas, according to the Inter American Press Association, which is preparing a resolution on Bailey’s death.

In early August two dozen Association of Alternative Newsweeklies newspapers published a story written by longtime Guardian Mexico City correspondent John Ross (and edited by the Guardian) outlining the events that led up to the shooting death of videojournalist Brad Will in Oaxaca, Mexico, during social and political unrest in the fall of 2006.

Gonzalo Marroquín, chairman of the IAPA’s Committee on Freedom of the Press and Information and editor of the Guatemala City, Guatemala, newspaper Prensa Libre, stated in early August, "We urge the authorities to investigate the [Bailey] murder in depth and promptly, so that the case does not become just another on the list of unpunished crimes in the Americas."

Last Tango in Shanghai

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› kimberly@sfbg.com

There’s a moment in Lust, Caution (Se, Jie) in which you can clearly make out the writing, and this most awkward title’s embedded warning, on the wall. The scene: a humid, tryst-friendly boudoir in Japanese-occupied Shanghai. Our spunky, beauteous resistance heroine, Wang Jiazhi (the flowerlike Tang Wei, whose long, cheongsam-clad stems resemble those of Maggie Cheung in 2000’s In the Mood for Love), and her supposed prey and the movie’s antihero — secret police head, invading-force collaborator, and mild-mannered torturer in bespoke tailoring Mr. Yee (an appropriately ossified Tony Leung) — are caught up in a series of Kama Sutra–esque sexual positions. Even as she masquerades as Mrs. Mak, a rich man’s cheating spouse, Wang is laid bare, in all her full-frontal, erect-nippled splendor, eyes closed and face contorted, as Yee thrusts at her from across the box spring, as intimate and as far away as a spy satellite.

Yee is far from transported. Looking like a slender, slightly leathery brown lizard on a rock, he levels an unblinking, penetrating stare at Wang-Mak, all while eliciting pleasure and pain from his porcelain-fleshed paramour. Both unflinchingly creepy and unintentionally funny, the scene is as liable to draw nervous chuckles as it is to unsettle the tidy arc of this World War II espionage love story. The glare brings to mind golden age porn films, such as The Devil in Miss Jones (1973), in which the onscreen sex and gaze exchanged between actors and spectators are as likely to disrupt as to arouse. It’s as if Chow, the suave, restrained writer in Wong Kar Wai films like the aforementioned Mood and 2046 (2004), also played by Leung, finally got to shed his skintight suits, only to reveal something truly startling: a glance more charged than — whoa — visible scrotum.

"Little Brown Fucking Machines Powered by Rice" is the title of a chapter in professor and filmmaker Celine Parreñas Shimizu’s The Hypersexuality of Race: Performing Asian/American Women on Screen and Scene, referring to the myth — and popular Southeast Asian T-shirt slogan — centered on diminutive, impoverished, highly bangable Asian poonanny, available for a price and rhapsodized in confessional doc-cum-reality porns like 101 Asian Debutantes. In that film, Shimizu points out, the gaze that the LBFMPBRs level at the camera, midcoitus, is their only visible sign of agency or power against their camera-wielding johns. Likewise, Leung’s look threatens to tear through the multiple fictions and revolutionary frictions propelling Lust, Caution. And like all spy-versus-spy stories, Lust, Caution hinges on the threat of betrayal — something Eileen Chang reveled in so bitterly in her original incandescent short story, begun in the 1950s and published in 1979, after she finally perfected the rewrite of her own compromising affair with a WWII collaborator.

A fresh-faced country girl possessing unexpected acting skills, Wang is plucked by her revolution-hungry theater group to play a plum part: that of a married femme fatale in the company’s most daring production — the assassination of influential Japanese collaborator Yee, whom Wang will get to via his wife (Joan Chen). But amid the click of mah-jongg tiles, glittering gossip, and decadent shopping sprees by the Yees, Wang comes to wonder who’s zooming whom, as Yee drops confessional hints of his tough days at work torturing her resistance kindred.

Working in tropes of fatalistic love previously explored in Brokeback Mountain (2005) and Crouching Tiger, Hidden Dragon (2000), director Ang Lee does his best to overlay a sense of both depth and humanism on Chang’s prismatic pessimism — occasionally at the disservice of genuine, complicating complexity. As Wang-Mak and Yee hotbox in an airless, silk shantung–<\d>lined dream world, Lee faithfully fixes on Wang-Mak’s point of view, choosing — like her, perhaps — not to visualize exactly what Yee is up to on his "business" trips to brutalized Nanking. His violence, like his wartime atrocities, is largely invisible, except in the bedroom, making it easier for us to identify with his monster. Yet why not really show it all — to viewers more accustomed to seeing WWII dramas of occupation and resistance through the filter of the European theater — as Zhang Yimou’s Red Sorghum (1987) and even this year’s other WWII resistance narrative revolving around a would-be Mata Hari trading sex for violence, Black Book, did? In even the most notable instance of explicit sex in the Asian art-house cinema, In the Realm of the Senses (1976), Nagisa Oshima sent his sybaritic hero against the tide of Japanese soldiers, doubtless marching toward Nanking as well. Yet Lust, Caution bends over backward, as if assuming a new, gymnastic sexual position, to find the misguided, miscommunicated affection — for country, for enemy — between lust and caution, only to tumble into the abyss.

LUST, CAUTION

Opens Fri/5

Embarcadero Center Cinema

One Embarcadero Center, promenade level, SF

(415) 267-4893

Guards hit streets

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› news@sfbg.com

More than 100 security guards from more than 20 buildings in the Financial District, including the Transamerica Building, participated in a three-day unfair-labor-practices strike before returning to work Sept. 27 as contract talks resumed.

After three months of working without a contract, security guards are seeking higher wages and access to affordable health care to be able to support their families, as well as proper training for the safety of buildings and their occupants.

Service Employees International Union Local 24/7 representatives were mostly pleased with the job action, although the union had to defend three guards who were locked out as the strike ended. Universal Protection Services had planned to permanently replace security officers Robert Ravare, Kevin Coleman, and Jesusa Villena, but the issue has since been resolved, and the three employees returned to work on the morning of Sept. 28.

Abbas Emady, a security guard for Universal, told the Guardian he resents security companies for not providing adequate training for their employees, which devalues the important role guards are likely to play in a disaster. And low wages and poor benefits exacerbate the problem by creating high turnover rates for guards.

"If there’s a terrorist attack or a fire, we’re the first to go," said Bobby Randall, who works for Securitas as a security guard at the 50 Fremont high-rise. Without sufficient training, security guards may have difficulty assisting police and firefighters in an emergency, a point the local police and firefighters unions reinforced with votes of support for the strike.

Security guards risk their lives to protect multibillion-dollar properties, yet they don’t receive the same wages or health coverage as janitors, window washers, parking attendants, or operating engineers who work in the same buildings. In fact, a security guard with two and half years of experience only makes $11.85 an hour, while a janitor with the same experience makes $17.05 an hour, according to the SEIU. A union-run "Justice for Janitors" organizing campaign a few years ago helped that group make progress.

"It’s an unacceptable double standard," SEIU Local 24/7 spokesperson Gina Bowers said.

Armando Yepez, who participated in the strike, told us he works two full-time jobs as a security guard, at a downtown high-rise and at a construction site, in order to pay for housing and other expenses. Yepez commutes between his home in Richmond and his job locations in San Francisco five times a week, leaving him with less than five hours of sleep each night.

Security officers often find themselves paying for medical expenses out of their own pockets because their health insurance does not cover all of their needs and does not provide family benefits.

On Jan. 1 security guards were offered a free but severely limited health plan with Aetna, which has a cap of $4,000 for outpatients. For Sue Trayling, a security guard working for Securitas, all it took was one night in the emergency room and a couple of doctor’s appointments to max out her Aetna plan. Trayling clocks in 421/2 hours a week yet still had to dish out $2,400 in cash to pay for additional medical expenses.

According to Trayling, security guards were offered health care plans with Kaiser Permanente for $26 per month before Jan. 1. Since then, however, premiums have gone up to about $140 per month, and the copayment has doubled from $20 to $40 per visit.

The first strike among private security officers in San Francisco found some official support — the Board of Supervisors passed a resolution Sept. 25 in favor of the security guards. Sup. Tom Ammiano stood before a small crowd of workers clad in purple T-shirts on the steps of City Hall and expressed the city’s support for higher wages, affordable health insurance, and proper training.

Mayor Gavin Newsom also issued a statement saying, "I urge the involved parties to work more diligently towards a fair and reasonable settlement — one that recognizes the economic concerns of the workers while at the same time respect[ing] the employers’ need for operating flexibility within the wide range of facilities in which they provide security services."

Newsom also asked commercial-building owners and managers to involve themselves in the negotiation process with the security companies in order to set new industry standards. The Building Owners and Managers Association did not return our call seeking comment on the strike and related issues.

The crime of being homeless

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› amanda@sfbg.com

Sleeping in the park, urinating in public, blocking the sidewalk, trespassing, drinking in public — these and about 10 other infractions are commonly and collectively known as "quality of life" crimes because they affect the condition of the common spaces we all share in San Francisco.

For a homeless individual, they’re also called "status" crimes, committed in the commons because there is no private place to sleep, go to the bathroom, or crack a beer. For years the District Attorney’s Office hasn’t bothered to allocate time or resources to prosecute these petty crimes, and advocates for the rights of homeless people have contended that to do so results in unfair persecution of those who have no place to call home.

Elisa Della-Piana is an attorney with the Lawyer’s Committee for Civil Rights and has spent much of the past three years in traffic court arguing against fines for homeless people who have received quality-of-life citations. As of this summer, Della-Piana said things have changed down at the Hall of Justice.

Now every time she stands up to represent a homeless person in traffic court, someone from the DA’s Office gets up too, fighting for the other side. Though there’s no way to tell from the traffic court calendar if the defendant is homeless, Della-Piana and Christina Brown, another attorney who represents through the Lawyer’s Committee, have witnessed prosecutors ignore quality-of-life citations that didn’t appear to have been collected by homeless people.

"When the person is homeless and the DA stands up and prosecutes, that’s selective prosecution. They’ve done that in the past with other populations in San Francisco," Jenny Friedenbach of the Coalition on Homelessness said, citing historic crackdowns on queers and Asians.

Deputy district attorney Paul Henderson denied the DA’s Office is selectively prosecuting only quality-of-life citations received by homeless individuals. "We’re prosecuting all of them," he told the Guardian, confirming this is a new task for the office. "In the past the DA’s Office wasn’t staffed to have people in the courtroom. I think we’re there every day now." He said more staff has been hired, and a team he heads is now devoted to the issue.

When asked why this was a new priority for the DA’s Office, Henderson said, "We felt that people weren’t getting the help they needed. The public’s interest wasn’t being served. [These issues] were not getting addressed in the traffic court without the DA being there. Neighborhoods and communities have been complaining about the lack of responsiveness, and so we’re trying to address that."

Henderson called the day in court an open door for a homeless person to walk through and access services. "We want to handle them responsibly to make sure there’s some accountability for breaking the law, but try to do it in a way that’s an intervention."

But advocates for homeless rights say that’s not what happens.

"They’ll tell you we’re there to offer services to homeless individuals," Della-Piana said. "Which is a piece of paper. In fact, what they have is the same list of services the police pass out. They’re not actually doing anything to connect people to the services. They’re just offering the list. They could offer those services in the street. There’s no reason to go through the court system."

This list of homeless resources is updated every six months by the San Francisco Police Department’s Operation Outreach and is offered on the street, according to Lt. David Lazar, leader of the 20-officer branch of the SFPD that interfaces directly with the homeless population.

"The accountability is a problem, and the process they go through is not working," Lazar said. "There’s a large population we’re seeing that doesn’t want services." He listed three reasons: inadequacies in the shelter system, a desire to be left alone, and a mental health or substance abuse problem that impairs judgment. "If we could house absolutely everyone, what would they do during the daytime?" he asked. "You need intensive case management, job support, substance abuse support."

But homeless-rights advocates say the stability of housing is the first step toward improving the quality of life for the homeless. Della-Piana said, "Ninety-five percent of my clients come to me and say, ‘I’m getting social services.’ They point to something on the list and say, ‘I’m doing this.’ They’re doing everything they’re supposed to be doing, but they don’t have housing yet. That’s why people are still sleeping in the park."

Henderson said critics of the new tack "aren’t recognizing that laws are being broken. People’s qualities of life are being dragged down by these violations. If it’s your street, your door, and there’s feces on it every day, that affects your quality of life."

Ticketing the homeless is not a new thing. Two homeless-rights groups — Religious Witness with Homeless People and the Coalition on Homelessness — have a standing Freedom of Information Act request with San Francisco Superior Court that provides a monthly tally of the infractions likely committed primarily by homeless people. According to their data, for the past 15 years the SFPD has averaged about 13,000 quality-of-life citations per year. Last year Religious Witness released a study showing that more than 31,000 citations had been issued during Mayor Gavin Newsom’s administration.

"For the police, the sheriff, and the court cost, we estimated it cost almost $6 million for those 31,000 citations," said Sister Bernie Galvin, executive director of Religious Witness. Galvin said a new study, to be released at City Hall on Oct. 4, shows that citations and costs have skyrocketed in the past 14 months. "Now we’re putting in the dramatic new expense of the DA," she said, adding, "Everyone wants to prosecute a greater number. It’s like it makes it justifiable to issue these 31,000 tickets if we can prosecute them. Actually, it makes it crueler and more expensive."

Media reports have characterized the tickets as empty pieces of paper, issued and then metaphorically shredded when a homeless individual fails to pay the $50 to $500 fine. In a recent San Francisco Chronicle story, Heather Knight reported that "all quality of life citations are getting dismissed." Yet when they don’t — and violators either don’t show up in court or can’t pay the fine — infractions become misdemeanors or an arrest warrant is issued, both of which become problems for people trying to access services.

"It backfires," said Christina Brown, an associate at O’Melveny and Myers who volunteers time in traffic court representing homeless people through the Lawyer’s Committee. "When people are served with warrants, they’re precluded from services." Even if the person cuts a deal with the DA to access services in lieu of paying a fine, they still have to return to court to prove they’ve done that. If they can’t get the paperwork or can’t make it to the court in time, it becomes a misdemeanor.

"The criminal justice system is actually making it harder if they want to find somewhere else to sleep," said Della-Piana, who related an anecdote of a client who had a few open-container infractions. The client was afraid to go to court when she couldn’t pay the fines, so a warrant was issued. She’d spent the past seven years on the Department of Housing and Urban Development’s waiting list for public housing and got kicked off because of the misdemeanor.

Public Defender Jeff Adachi expressed concern that a dragnet is being created for arresting homeless people committing status crimes they have no control over. "We have to be very careful we’re not trying to legislate services through the criminal justice system. We do too much of that already," he said. "This approach assumes that if a person is in trouble, they’re more likely to accept the services. I haven’t seen that is true."

Henderson doesn’t necessarily agree that the criminal justice system shouldn’t play a role in assisting homeless people: "I want this citation to serve as a wake-up call for you." He thinks people need to be held accountable and would like to see the city adopt the plan for a Community Justice Center, modeled after New York City’s, a vision that his boss, District Attorney Kamala Harris, and Newsom also share.

"We believe San Francisco has a unique infrastructure and need for the Community Justice Center. That’s why we are proposing to pilot this initiative in the Tenderloin and South of Market area, where more than a third of the city’s quality of life offenses occur," Harris and Newsom wrote in a May 13 editorial in the Chronicle. "The center promises to give relief to the neighborhoods most affected by quality of life crimes."

During an Oct. 1 endorsement interview with the Guardian, Newsom said he hoped to open the new center by December. Lazar, who sits on the committee that’s still hammering out the details for how exactly the center would work, agreed with Henderson that it’s the next step in more direct connection with services: "We’re trying to put the criminal justice system and the social justice system together."

Della-Piana said this still ignores the black marks that misdemeanors leave, which become good reasons for some service providers to save their limited resources for people with clean records. "The two ideologies don’t mesh," Della-Piana said. "My homeless clients want housing. There currently is not enough of it to go around. Arresting them instead of citing them for sleeping and other basic life activities will not change the availability of the most needed services."

Injunction dysfunction

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When seven people were shot in the span of 12 hours in June at the Friendship Village and Yerba Buena Plaza East housing complexes in the Western Addition, city and community leaders decided immediate action was necessary to remedy the increasing level of gang violence.

Sup. Ross Mirkarimi, who represents the area, demanded 24-hour police patrols as a temporary measure. Rev. Regnaldo Woods of Bethel AME had a broader vision — get the gangs to call a truce. But City Attorney Dennis Herrera already had his own plan well in the works, a controversial approach that has nonetheless been embraced at City Hall by leaders desperate for solutions to the intractable and escautf8g problem of gun violence.

Herrera and his staff in July announced they were seeking civil gang injunctions in the Western Addition and the Mission District modeled on a similar effort last year against the Oakdale Mob in Bayview–Hunters Point. He went after alleged members of the Norteña gang in the Mission and targeted three gangs in the Western Addition, all centered on Eddy Street and the public housing complexes that stretch from Gough to Divisadero: Eddy Rock, Chopper City, and Knock Out Posse.

Two Superior Court judges, Patrick Mahoney and Peter Busch, heard arguments for and against the injunctions Sept. 18 and are expected to issue rulings at any time. The injunctions would prevent the alleged gang members they name from associating with one another within a prescribed area, among other restrictions.

The injunctions have pitted Herrera and his allies against Public Defender Jeff Adachi, civil liberties advocates, and some community groups, who have rallied to stop the injunctions and criticize them as a "criminalization of people of color," a charge Herrera stridently rejects and has publicly condemned as "race-baiting."

But beyond the emotional politics of this controversial tactic, there are some practical problems with the injunctions, particularly in the Western Addition, where they may stifle community-based solutions to the problem of gang violence.

"[The injunctions] slowed us down considerably," Woods, a life-long Fillmore resident, told the Guardian. "It’s going to impact the movement if it stays as it is. I think there needs to be changes."

Woods and other leaders from Bethel and from his nonprofit, Up from Darkness, met with the gang members a total of 43 times throughout the summer. When word of the injunctions spread, Woods said he had to restart from square one. Rather than bring people together for a dialogue, he had to explain why this was happening, what the injunctions meant, and how the injunctions would affect those included.

Woods planned to hold a summit, which "shot callers" from each of the gangs would attend and at which they would call a truce as well as receive access to employment guidance and mental health services. The summit never happened, but gang violence in the Western Addition nevertheless decreased rapidly in the following months. Northern Police District Capt. Croce Casciato said there hasn’t been a gang-related homicide in the district since May.

The American Civil Liberties Union says the injunctions will strip alleged gang members of due-process rights and give police a roving warrant to harass whomever they deem a gang member. Adachi and Kendra Fox-Davis, of the Lawyer’s Committee for Civil Rights, said their offices have received numerous complaints from youths in the Mission and the Western Addition that police are already using the injunctions to hassle people even before they’ve been approved.

"There’s been a tremendous amount of misinformation about the injunctions," Adachi said. He questions the effectiveness of injunctions and said these give police carte blanche to harass anyone they suspect of being affiliated with gangs. His biggest issue, though, is the fact that the alleged members don’t have the necessary resources to contest the label.

Herrera derided the racial implications levied by Adachi, and in an e-mail to us, press secretary Matt Dorsey wrote, "The fact is, the debate over these proposed injunctions — most especially the one in the Mission — has been characterized by increasingly dishonest and inflammatory rhetoric. This isn’t just someone’s innocent misunderstanding, either: ‘the criminalization of people of color’ is wildly misrepresentative, and it’s deliberate."

Herrera acknowledges people’s concerns, but he stands by his decision.

"I really wish it wasn’t necessary that it has come to this point where I say, ‘Hey, this is a tool we have to pursue,’" Herrera told us. "But the facts are the facts. We have a gang problem in San Francisco. I think I’d be neglecting my responsibility if I didn’t bring another tool to the table to help address the issue."

Woods doesn’t raise the same racial concerns that Adachi does, and he isn’t too animated about the civil liberties issues. To him, the injunctions are just too broad and counterproductive to the community-based approaches that have the best chance of addressing the problem. He thinks the gang members themselves must help solve the problems they’ve created.

"It’s us getting together every day and doing something positive," said Steve Johnson, a 27-year-old targeted member of Eddy Rock, which claims the Plaza East housing complex as its turf. "It has nothing to do with the injunction. We’re trying to get all the different complexes in the Western Addition together."

Paris Moffet, the alleged leader of Eddy Rock, added, "We’re the only ones stopping the violence. We needed to. We are going to stop this."

It may come as a surprise that reputed gang members might be helping to stop the violence that was once a part of their daily lives, and several members of Eddy Rock acknowledged they have a long way to go in reshaping their images.

But, they say, they are committed to reforming themselves, and they recently held a barbecue at the complex parking lot to display some of their positive work. In the small community center at Plaza East — locally known as the OC, for "Outta Control" — Eddy Rock, with the help of Woods and others, has created Open Arms, a nonprofit geared toward educating the younger kids in the complex about staying in school and computer literacy.

Asked about the sudden turnabout by Eddy Rock, Marquez Shaw, a 26-year-old alleged member of the gang, explained that the level of violence at Plaza East had taken its toll on everyone, not just uninvolved residents. "[The violence] affected me, very much so," he said. "There’s been more bloodshed here than anywhere else in the community. We’re the only ones man enough to do something."

But Herrera said the recent relative quiet in the area doesn’t make up for more than five years of chaos. "Has there been a lull? Yeah," he said. "But earlier in the summer there were some brazen shootings. June isn’t that long ago."

Woods acknowledged that the members shouldn’t be given a free pass, considering their troubled past. "They’re not angels," he said. "But let’s try to help them before they go to prison. That way you might save the old lady’s life. You might save a youngster’s life. If they had something to do, they wouldn’t do the shootings."

At the Aug. 14 Eddy Rock barbecue, about 50 or so people from the Plaza East complex snacked on ribs, chicken, hot links, and spaghetti. Two beat officers from the Northern Station stood in the distance and oversaw an impromptu football game between juveniles and alleged gang members.

A clipping of a newspaper article hangs on the wall in the community center; it’s about how director Spike Lee is urging inner-city youths to make films about their experience growing up with violence and to use the Internet to broadcast them to others.

Given a camera, Shaw has done just that. During a recent visit to Plaza East, he was using iMovie to edit a video that he planned to post on YouTube. On the video, an older black man says, "Now it’s time to look at what’s going on, not what’s happened in the past."

Nas’s "I Know I Can" plays on Hannibal Thompson’s video as he flatly explains how the area is deprived of proper resources and lacks preventative measures. Thompson, a 20-year-old named in one of the injunctions as a member of Eddy Rock, says six of his friends have been murdered since 2005 — three of them less than a block away, at Eddy and Laguna, where cameras affixed to streetlights are meant to deter criminal activity. He said increased police presence and the work of Woods have led to the decrease in violence, something he embraces.

"The best thing that ever happened to this community was the 24-hour police patrol. That’s way better than the injunction," he said. "They should have done that years ago."

Casciato doesn’t doubt that Eddy Rock, which has terrorized residents for years, might have turned the corner. But he calls the injunctions one additional tool to fight the long-term battle against gang violence. Casciato said it was too soon to tell how an injunction would affect regular police procedure. Like others in the community, though, he emphasized the effectiveness of outreach work.

"There has been a great collaborative effort on the community’s part," Casciato said. On gang members reforming themselves, he said, "I’m sure they did. Success is going to come from within, not from the outside. All our efforts are for naught if there’s no buy-in."

Under the current terms of the injunctions, the aforementioned barbecue would be prohibited, since it involved literally the whole gang. The targeted individuals could freely associate with one another inside the community center but would need to go in and out separately, which critics say is not a realistic scenario. If targeted members violate the injunctions, they can be charged with misdemeanors and put in jail for up to five days.

The injunction tactic "undermines antiviolence efforts of community advocates and organizations working in the Western Addition, like Woods, by effectively preventing the individuals most in need of support services from participating in them," Fox-Davis wrote in an e-mail.

Herrera and his deputies submitted more than 4,000 pages of evidence, including expert declarations from the gang task force, which detailed the reign of terror of the three gangs. He said they’ve been careful to name only shot callers in the injunctions and to carefully detail the case against them.

Fox-Davis and other critics contend the Western Addition injunction is too broad, unlike the first one in Oakdale, which only covered four square blocks. A total of 15 blocks are designated as the "safety zone" in the Western Addition, stretching from Eddy and Gough in the east to Eddy and Webster in the west, bordered by Turk and Ellis to the north and south, for Eddy Rock.

For Chopper City and KOP — which had in the past aligned themselves against Eddy Rock — the safety zone is a six-block area north of Turk to Ellis, between Divisadero and Steiner, which includes the Marcus Garvey and Martin Luther King housing complexes. In Bayview, only one of 22 targeted members lived in the housing complex, whereas a total of seven of 19 identified members of Eddy Rock live within that purposed safety zone, according to the City Attorney’s Office.

"The restrictions that are proposed in this injunction go far beyond what is necessary to address the nuisance the city attorney claims is being caused by gang violence," Fox-Davis said.

But Herrera says the "nuisance" amounts to communities being terrorized by violence and his office would be remiss to not address the problem. A total of 11 homicides in three years have been linked to the three Western Addition gangs, according to court documents.

"I’ve never been one to say we should be dissuading communities from being involved and trying find solutions and making contributions to solving the problem. To me it’s not mutually exclusive. It’s not an either-or proposition. I think it’s important that we get the community to be a vital stakeholder in trying to stem the tide of violence," Herrera said. "But there has to be accountability."

To quell critics’ concerns, Herrera said his office has included numerous safeguards, including training cops to properly enforce the injunctions. Targeted members also have a "buyout option," meaning if they can prove that they are no longer involved in gang activity, they can appeal to have their names removed from the list.

Herrera points to the perceived success of the injunction in Bayview as proof that the tactic is effective in restoring calm and peace to neighborhoods once plagued with murder. Herrera also notes that the Board of Supervisors passed a resolution almost unanimously that supported injunctions by the city attorney.

Mirkarimi, however, said his support of the current injunctions being sought was "tentative at best" and said he considered them "an act of desperation." He too said community work and traditional police enforcement — like the 24-hour patrols — are better ways of addressing the root causes of gang violence.

The alleged members of Eddy Rock agree.

"We just need something to do," said Maurice Carter, 32. "We did the crime, we did the time. Now we just want a second chance."

Endorsements: Local ballot measures

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Proposition A (transit reform)

YES


This omnibus measure would finally put San Francisco in a position to create the world-class transportation system that the city needs to handle a growing population and to address environmental problems ranging from climate change to air pollution. And in the short term it would help end the Muni meltdown by giving the system a much-needed infusion of cash, about $26 million per year, and more authority to manage its myriad problems.

The measure isn’t perfect. It would give a tremendous amount of power to the unelected Metropolitan Transportation Authority, a semiautonomous agency created in 1999 to reform Muni. But we also understand the arguments of Sup. Aaron Peskin — who wrote the measure in collaboration with labor and other groups — that the MTA is free to make tough decisions that someone facing reelection might avoid. And the measure still would give the Board of Supervisors authority to block the MTA’s budget, fare increases, and route changes with seven votes.

We’re also a little worried about provisions that could place the Taxicab Commission under the MTA’s purview and allow the agency to tinker with the medallion system and undermine Proposition K, the 1978 law that gives operating permits to working drivers, not corporations. Peskin promised us, on tape, that he will ensure, with legislation if necessary, that no such thing happens, and we’ll hold him to it.

Ultimately, the benefits of this measure outweigh our concerns. The fact that the labor movement has signed off on expanded management powers for the MTA shows how important this compromise is. The MTA would have the power to fully implement the impending recommendations in the city’s Transit Improvement Project study and would be held accountable for improvements to Muni’s on-time performance. New bonding authority under the measure would also give the MTA the ability to quickly pursue capital projects that would allow more people to comfortably use public transit.

The measure would also create an integrated transportation system combining everything from parking to cabs to bike lanes under one agency, which would then be mandated to find ways to roll back greenhouse gas emissions from transportation sources to 80 percent of 1990 levels by 2012. And to do that, the agency would get to keep all of the revenue generated by its new programs. As a side benefit — and another important reason to vote for Prop. A — approval of this measure would nullify the disastrous Proposition H on the same ballot.

San Francisco faces lots of tough choices if we’re going to minimize climate change and maximize the free flow of people through our landlocked city. Measure A is an important start. Vote yes.

Proposition B (commission holdovers)

YES


Proposition B is a simple good-government measure that ends a practice then-mayor Willie Brown developed into a science — allowing commissioners to continue serving after their terms expire, turning them into at-will appointments and assuring their loyalty.

Members of some of the most powerful commissions in town serve set four-year terms. The idea is to give the members, many appointed by the mayor, some degree of independence: they can’t be fired summarily for voting against the interests (or demands) of the chief executive.

But once their terms expire, the mayor can simply choose not to reappoint or replace them, leaving them in limbo for months, even years — and while they still sit on the commissions and vote, these holdover commissioners can be fired at any time. So their jobs depend, day by day, on the whims of the mayor.

Prop. B, sponsored by the progressives on the Board of Supervisors, simply would limit to 60 days the amount of time a commissioner can serve as a holdover. After that period, the person’s term would end, and he or she would have to step down. That would force the mayor to either reappoint or replace commissioners in a timely manner — and help give these powerful posts at least a chance at independence. Vote yes.

Proposition C (public hearings on proposed measures)

NO


Proposition C sure sounds good: it would mandate that the supervisors hold a hearing 45 days in advance before putting any measure on the ballot. The mayor would have to submit proposed ballot measures for hearings too. That would end the practice of last-minute legislation; since four supervisors can place any ordinance on the ballot (and the mayor can do the same), proposals that have never been vetted by the public and never subjected to any prior discussion often wind up before the voters. Sometimes that means the measures are poorly written and have unintended consequences.

But this really isn’t a good-government measure; it’s a move by the Chamber of Commerce and downtown to reduce the power of the district-elected supervisors.

The 1932 City Charter gave the supervisors the power to place items before the voters as a check on corruption. In San Francisco it’s been used as a check on downtown power. In 1986, for example, activists gathered enough voter signatures to place Proposition M, a landmark measure controlling downtown development, on the ballot. But then–city attorney Louise Renne, acting on behalf of downtown developers, used a ridiculous technicality to invalidate it. At the last minute, the activists were able to get four supervisors to sign on — and Prop. M, one of the most important pieces of progressive planning legislation in the history of San Francisco, ultimately won voter approval. Under Prop. C, that couldn’t have happened.

In theory, most of the time, anything that goes on the ballot should be subject to public hearings. Sometimes, as in the case of Prop. M, that’s not possible.

We recognize the frustration some groups (particularly small businesses) feel when legislation gets passed without any meaningful input from the people directly affected. But it doesn’t require a strict ballot measure like Prop. C to solve the problem. The supervisors should adopt rules mandating public hearings on propositions, but with a more flexible deadline and exemptions for emergencies. Meanwhile, vote no on Prop. C.

Proposition D (library preservation fund)

YES


In the 1980s and early 1990s, San Francisco mayors loved to cut the budget of the public library. Every time money was short — and money was chronically short — the library took a hit. It was an easy target. If you cut other departments (say, police or fire or Muni or public health), people would howl and say lives were in danger. Reducing the hours at a few neighborhood branch libraries didn’t seem nearly as dire.

So activists who argued that libraries were an essential public service put a measure on the ballot in 1994 that guaranteed at least a modest level of library funding. The improvements have been dramatic: branch library hours have increased more than 50 percent, library use is way up, there are more librarians around in the afternoons to help kids with their homework…. In that sense, the Library Preservation Fund has been a great success. The program is scheduled to sunset next year; Proposition D would extend it another 15 years.

If the current management of the public library system were a bit more trustworthy, this would be a no-brainer. Unfortunately, the library commission and staff have been resisting accountability; ironically, the library — a font of public information — makes it difficult to get basic records about library operations. The library is terrible about sunshine; in fact, activists have had to sue this year to get the library to respond to a simple public-records request (for nonconfidential information on repetitive stress injuries among library staff). And we’re not thrilled that a significant part of the library’s operating budget is raised (and controlled) by a private group, Friends of the San Francisco Public Library, which decides, with no oversight by an elected official, how as much as 10 percent of library money is spent.

But libraries are too valuable and too easy a budget target to allow the Library Preservation Fund to expire. And the way to fend off creeping privatization is hardly by starving a public institution for funds. So we’ll support Prop. D.

Proposition E (mayoral attendance at Board of Supervisors meetings)

YES, YES, YES


If it feels as though you’ve already voted on this, you have: last November, by a strong majority, San Franciscans approved a policy statement calling on the mayor to attend at least one Board of Supervisors meeting each month to answer questions and discuss policy. It’s a great idea, modeled on the very successful Question Time in the United Kingdom, under which the British prime minister appears before Parliament regularly and submits to questions from all political parties. Proposition E would force the mayor to comply. Newsom, despite his constant statements about respecting the will of the voters, has never once complied with the existing policy statement. Instead, he’s set up a series of phony neighborhood meetings at which he controls the agenda and personally selects which questions he’s going to answer.

We recognize that some supervisors would use the occasion of the mayor’s appearance to grandstand — but the mayor does that almost every day. Appearing before the board once a month isn’t an undue burden; in fact, it would probably help Newsom in the long run. If he’s going to seek higher office, he’s going to have to get used to tough questioning and learn to deal with critics in a forum he doesn’t control.

Beyond all the politics, this idea is good for the city. The mayor claims he already meets regularly with members of the board, but those meetings are private, behind closed doors. Hearing the mayor and the board argue about policy in public would be informative and educational and help frame serious policy debates. Besides, as Sup. Chris Daly says, with Newsom a lock for reelection, this is the only thing on the ballot that would help hold him accountable. Vote yes on Prop. E.

Proposition F (police pensions)

YES


We really didn’t want to endorse this measure. We’re sick and tired of the San Francisco Police Officers Association — which opposed violence-prevention funding, opposed foot patrols, opposes every new revenue measure, and bitterly, often viciously, opposes police accountability — coming around, tin cup in hand, every single election and asking progressives to vote to give the cops more money. San Francisco police officers deserve decent pay — it’s a tough, dangerous job — but the starting salary for a rookie cop in this town exceeds $60,000, the benefits are extraordinarily generous, and the San Francisco Police Department is well on its way to setting a record as the highest-paid police force in the country.

Now it wants more.

But in fact, Proposition F is pretty minor — it would affect only about 60 officers who were airport cops before the airport police were merged into the SFPD in 1997. Those cops have a different retirement system, which isn’t quite as good as what they would get with full SFPD benefits. We’re talking about $30,000 a year; in the end, it’s a simple labor issue, and we hate to blame a small group of officers in one division for the serious sins of their union and its leadership. So we’ll endorse Prop. F. But we have a message for the SFPOA’s president: if you want to beat up the progressives, reject new tax plans, promote secrecy, and fight accountability, don’t come down here again asking for big, expensive benefit improvements.

Proposition G (Golden Gate Park stables)

YES


This is an odd one: Proposition G, sponsored by Sup. Jake McGoldrick, would create a special fund for the renovation of the historic (and dilapidated) horse stables in Golden Gate Park. The city would match every $3 in private donations with $1 in public money, up to a total of $750,000. The city would leverage that money with $1.2 million in state funds available for the project and fix up the stables.

Supporters, including most of the progressive supervisors, say that the stables are a historic gem and that horseback riding in the park would provide "after-school, summer and weekend activities for families and youth." That might be a bit of a stretch — keeping horses is expensive, and riding almost certainly won’t be a free activity for anyone. But the stables have been the target of privatization efforts in the past and, under Newsom, almost certainly would be again in the future; this is exactly the sort of operation that the mayor would like to turn over to a private contractor. So for a modest $750,000, Prop. G would keep the stables in public hands. Sounds like a good deal to us. Vote yes.

Proposition H (reguutf8g parking spaces)

NO, NO, NO


It’s hard to overstate just how bad this measure is or to condemn strongly enough the sleazy and deceptive tactics that led Don Fisher, Webcor, and other downtown power brokers to buy the signatures that placed what they call "Parking for the Neighborhoods" on the ballot. That’s why Proposition H has been almost universally condemned, even by downtown’s allies in City Hall, and why Proposition A includes a provision that would negate Proposition H if both are approved.

Basically, this measure would wipe out three decades’ worth of environmentally sound planning policies in favor of giving every developer and homeowner the absolute right to build a parking space for every housing unit (or two spaces for every three units in the downtown core). While that basic idea might have some appeal to drivers with parking frustrations, even they should consider the disastrous implications of this greedy and shortsighted power grab.

The city has very little leverage to force developers to offer community benefits like open space or more affordable housing, or to design buildings that are attractive and environmentally friendly. But parking spots make housing more valuable (and expensive), so developers will help the city meet its needs in order to get them. That would end with this measure, just as the absolute right to parking would eliminate things like Muni stops and street trees while creating more driveways, which are dangerous to bicyclists and pedestrians. It would flip the equation to place developers’ desires over the public interest.

Worst of all, it would reverse the city’s transit-first policies in a way that ultimately would hurt drivers and property owners, the very people it is appealing to. If we don’t limit the number of parking spots that can be built with the 10,000 housing units slated for the downtown core, it will result in traffic gridlock that will lower property values and kill any chance of creating a world-class transit system.

But by then, the developers will be off counting our money, leaving us to clean up their mess. Don’t be fooled. Vote no.

Proposition I (Office of Small Business)

YES


Proposition I got on the ballot after small-business leaders tried unsuccessfully to get the supervisors to fund a modest program to create staff for the Small Business Commission and create a one-stop shop for small-business assistance and permitting. We don’t typically support this sort of after-the-fact ballot-box budgeting request, but we’re making an exception here.

San Francisco demands a lot from small businesses. It’s an expensive place to set up shop, and city taxes discriminate against them. We supported the new rules mandating that even small operations give paid days off and in many cases pay for health insurance, but we recognize that they put a burden on small businesses. And in the end, the little operators don’t get a whole lot back from City Hall.

This is a pretty minor request: it would allocate $750,000 to set up an Office of Small Business under the Small Business Commission. The funding would be for the first year only; after that the advocates would have to convince the supervisors that it was worth continuing. Small businesses are the economic and job-generation engines of San Francisco, and this one-time request for money that amounts to less than 1/10th of 1 percent of the city budget is worthy of support. Vote yes on Prop. I.

Proposition J (wireless Internet network)

NO


It’s going to be hard to convince people to vote against this measure; as one blogger put it, the mayor of San Francisco is offering free ice cream. Anyone want to decline?

Well, yes — decline is exactly what the voters should do. Because Proposition J’s promise of free and universal wireless Internet service is simply a fraud. And the way it’s worded would ensure that our local Internet infrastructure is handed over to a private company — a terrible idea.

For starters, San Francisco has already been down this road. Newsom worked out a deal a year ago with EarthLink and Google to provide free wi-fi. But the contract had all sorts of problems: the free access would have been too slow for a lot of uses, faster access wouldn’t have been free, there weren’t good privacy protections, and the network wouldn’t have been anything close to universal. Wi-fi signals don’t penetrate walls very well, and the signals in this plan wouldn’t have reached much above the second floor of a building — so anyone who lived in an interior space above the second floor (and that’s a lot of people) wouldn’t have gotten access at all.

So the supervisors asked a few questions and slowed things down — and it’s good they did, because EarthLink suddenly had a change in its business strategy and pulled out of citywide wi-fi altogether. That’s one of the problems with using a private partner for this sort of project: the city is subject to the marketing whims of tech companies that are constantly changing their strategies as the economic and technical issues of wi-fi evolve.

San Francisco needs a municipal Internet system; it ought to be part of the city’s public infrastructure, just like the streets, the buses, and the water and sewer lines. It shouldn’t rely just on a fickle technology like wi-fi either; it should be based on fiber-optic cables. Creating that network wouldn’t be all that expensive; EarthLink was going to do it for $10 million.

Prop. J is just a policy statement and would have no immediate impact. Still, it’s annoying and wrongheaded for the mayor to try to get San Franciscans to give a vote of confidence to a project that has already crashed and burned, and Sup. Aaron Peskin, the cosponsor, should never have put his name on it. Vote no.

Proposition K (ads on street furniture)

YES


San Francisco is awash in commercialism. With all of the billboards and ads, the city is starting to feel like a giant NASCAR racer. And a lot of them come from Clear Channel Communications, the giant, monopolistic broadcast outfit that controls radio stations, billboards, and now the contract to build new bus shelters in the city with even more ads on them.

Proposition K is a policy statement, sponsored by Sup. Jake McGoldrick, that seeks to bar any further expansion of street-furniture advertising in the city. That would mean no more deals with the likes of Clear Channel to allow more lighted kiosks with ads on them — and no more new bus shelter ads. That’s got Clear Channel agitated — the company just won the 15-year bid to rebuild the city’s existing 1,200 Muni shelters, and now it wants to add 380 more. Clear Channel argues that the city would get badly needed revenue for Muni from the expanded shelters; actually, the contract already guarantees Muni a large chunk of additional funding. And nothing in Prop. K would block Clear Channel from upgrading the existing shelters and plastering ads all over them.

On a basic philosophical level, we don’t support the idea of funding Muni by selling ads on the street, any more than we would support the idea of funding the Recreation and Park Department by selling the naming rights to the Hall of Flowers or the Japanese Tea Garden or the golf courses. On a practical level, the Clear Channel deal is dubious anyway: the company, which runs 10 mostly lousy radio stations in town and gives almost nothing of value to the community, refuses to provide the public with any information on its projected profits and losses, so there’s no way to tell if the income the city would get from the expanded shelters would be a fair share of the overall revenue.

Vote yes on K.

2007 Issues Interviews: SFPD’s John Scully

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The Bay Guardian is interviewing community leaders about the issues at stake in the upcoming 2007 elections. We’ll be updating this entry as more information comes in. Post your thoughts or comments below.

San Francisco Police Department Representative John Scully on Prop F

john_scully.jpg

John Scully interview


Visit the Guardian 2007 Election Center for updates, more interviews, and 2007 election news.

The underground campaign

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Click here for the Guardian 2007 Election Center: interviews, profiles, commentary, and more

› news@sfbg.com

Elections usually create an important public discussion on the direction of the city. Unfortunately, that debate isn’t really happening this year, largely because of the essentially uncontested races for sheriff and district attorney and the perception that Mayor Gavin Newsom is certain to be reelected, which has led him to ignore his opponents and the mainstream media to give scant coverage to the mayoral race and the issues being raised.

To the casual observer, it might seem as if everyone is content with the status quo.

But the situation looks quite different from the conference room here at the Guardian, where this season’s endorsement interviews with candidates, elected officials, and other political leaders have revealed a deeply divided city and real frustration with its leadership and direction.

In fact, we were struck by the fact that nobody we talked to had much of anything positive to say about Newsom. Granted, most of the interviews were with his challengers — but we’ve also talked to Sheriff Mike Hennessey and District Attorney Kamala Harris, both of whom have endorsed the mayor, and to supporters and opponents of various ballot measures. And from across the board, we got the sense that Newsom’s popularity in the polls isn’t reflected in the people who work with him on a regular basis.

Newsom will be in to talk to us Oct. 1, and we’ll be running his interview on the Web and allowing him ample opportunity to present his views and his responses.

Readers can listen to the interviews online at www.sfbg.com and check out our endorsements and explanations in next week’s issue. In the meantime, we offer this look at some of the interesting themes, revelations, and ideas that are emerging from the hours and hours of discussions, because some are quite noteworthy.

Like the fact that mayoral candidates Quintin Mecke and Harold Hoogasian — respectively the most progressive and the most conservative candidate in the race — largely agree on what’s wrong with the Newsom administration, as well as many solutions to the city’s most vexing problems. Does that signal the possibility of new political alliances forming in San Francisco, or at least new opportunities for a wider and more inclusive debate?

Might Lonnie Holmes and Ahimsa Porter Sumchai — two African American candidates with impressive credentials and deep ties to the community — have something to offer a city struggling with high crime rates, lingering racism, environmental and social injustice, and a culture of economic hopelessness? And if we’re a city open to new ideas, how about considering Josh Wolf’s intriguing plan for improving civic engagement, Grasshopper Alec Kaplan’s "green for peace" initiative, or Chicken John Rinaldi’s call to recognize and encourage San Francisco as a city of art and innovation?

There’s a lot going on in the political world that isn’t making the front page of the San Francisco Chronicle. The interviews we’ve been conducting point to a street-level democracy San Francisco–style in all its messy and wonderful glory. And they paint a picture of possibilities that lie beyond the news releases.

THE RIGHT AND THE LEFT


As the owner of Hoogasian Flowers on Seventh Street and a vocal representative of the small-business community, mayoral candidate Hoogasian describes himself as a "sensitive Republican," "a law-and-order guy" who would embrace "zero-based budgeting" if elected. "The best kind of government is the least kind of government," Hoogasian told us.

Those are hardly your typical progressive sentiments.

Yet Hoogasian has also embraced the Guardian‘s call for limiting new construction of market-rate housing until the city develops a plan to encourage the building of more housing affordable to poor and working-class San Franciscans. He supports public power, greater transparency in government, a moratorium on the privatization of government services, and a more muscular environmentalism. And he thinks the mayor is out of touch.

"I’m a native of San Francisco, and I’m pissed off," said Hoogasian, whose father ran for mayor 40 years ago with a similar platform against Joe Alioto. "Newsom is an empty suit. When was the last time the mayor stood before a pool of reporters and held a press conference?"

Mecke, program director of the Safety Network, a citywide public safety program promoting community-driven responses to crime and violence, is equally acerbic when it comes to Newsom’s news-release style of governance.

"It’s great that he wants to focus on the rock star elements, but we have to demand public accountability," said Mecke, who as a member of the Shelter Monitoring Committee helps inspect the city’s homeless shelters to ensure that people are treated with dignity and respect. "Even Willie Brown had some modicum of engagement."

Mecke advocates for progressive solutions to the crime problem. "We need to get the police to change," he said. "At the moment we have 10 fiefdoms, and the often-touted idea of community policing doesn’t exist."

Hoogasian said he jumped into the mayor’s race after "this bozo took away 400 garbage cans and called it an antilitter program." Mecke leaped into the race the day after progressive heavyweight Sup. Chris Daly announced he wasn’t running, and he won the supervisor’s endorsement. Both Hoogasian and Mecke express disgust at Newsom’s ignoring the wishes of San Franciscans, who voted last fall in favor of the mayor attending Board of Supervisors meetings to have monthly policy discussions.

"Why is wi-fi on the ballot [Proposition J] if the mayor didn’t respect that process last year?" Mecke asked.

Hoogasian characterized Newsom’s ill-fated Google-EarthLink deal as "a pie-in-the-sky idea suited to getting young people thinking he’s the guns" while only giving access to "people sitting on the corner of Chestnut with laptops, drinking lattes."

In light of San Francisco’s housing crisis, Hoogasian said he favors a moratorium on market-rate housing until 25,000 affordable units are built, and Mecke supports placing a large affordable-housing bond on next year’s ballot, noting, "We haven’t had one in 10 years."

Hoogasian sees Newsom’s recent demand that all department heads give him their resignations as further proof that the mayor is "chickenshit." Mecke found it "embarrassing" that Sup. Ross Mirkarimi had to legislate police foot patrols twice in 2006, overcoming Newsom vetoes.

"San Francisco should give me a chance to make this city what it deserves to be, " Hoogasian said.

Mecke said, "I’m here to take a risk, take a chance, regardless of what I think the odds are."

ENDING THE VIOLENCE


Holmes and Sumchai have made the murder rate and the city’s treatment of African Americans the centerpieces of their campaigns. Both support increased foot patrols and more community policing, and they agree that the root of the problem is the need for more attention and resources.

"The plan is early intervention," Holmes said, likening violence prevention to health care. "We need to start looking at preventative measures."

In addition to mentoring, after-school programs, and education, Holmes specifically advocates comprehensive community resource centers — a kind of one-stop shopping for citizens in need of social services — "so individuals do not have to travel that far outside their neighborhoods. If we start putting city services out into the communities, then not only are we looking at a cost savings to city government, but we’re also looking at a reduction in crime."

Sumchai, a physician, has studied the cycles of violence that occur as victims become perpetrators and thinks more medical approaches should be applied to social problems. "I would like to see the medical community address violence as a public health problem," she said.

Holmes said he thinks the people who work on violence prevention need to be homegrown. "We also need to talk about bringing individuals to the table who understand what’s really going on in the streets," he said. "The answer is not bringing in some professional or some doctor from Boston or New York because they had some elements of success there.

"When you take a plant that’s not native to the soil and try to plant it, it dies…. If there’s no way for those program elements or various modalities within those programs to take root somewhere, it’s going to fail, and that’s what we’ve seen in the Newsom administration."

Holmes spoke highly of former mayor Art Agnos’s deployment of community workers to walk the streets and mitigate violence by talking to kids and brokering gang truces.

The fate of the southeast sector of the city concerns both locals. Sumchai grew up in Sunnydale, and Holmes lived in the Western Addition and now lives in Bernal Heights. Neither is pleased with the city’s redevelopment plan for the Hunters Point Shipyard. "I have never felt that residential development at the shipyard would be safe," said Sumchai, who favors leaving the most toxic sites as much-needed open space.

Despite some relatively progressive ideas — Holmes suggested a luxury tax to finance housing and services for homeless individuals, and Sumchai would like to see San Francisco tax fatty foods to pay for public health programs — both were somewhat averse to aligning too closely with progressives.

Sumchai doesn’t like the current makeup of the Board of Supervisors, and Holmes favors cutting management in government and turning services over to community-based organizations.

But both made it clear that Newsom isn’t doing much for the African American community.

ORIGINAL IDEAS


The mayor’s race does have several colorful characters, from the oft-arrested Kaplan to nudist activist George Davis to ever-acerbic columnist and gadfly H. Brown. Yet two of the more unconventional candidates are also offering some of the more original and thought-provoking platforms in the race.

Activist-blogger Wolf made a name for himself by refusing to turn over to a federal grand jury his video footage from an anarchist rally at which a police officer was injured, defying a judge’s order and serving 226 days in federal prison, the longest term ever for someone asserting well-established First Amendment rights.

The Guardian and others have criticized the San Francisco Police Department’s conduct in the case and Newsom’s lack of support. But Wolf isn’t running on a police-reform platform so much as a call for "a new democracy plan" based loosely on the Community Congress models of the 1970s, updated using the modern technologies in which Wolf is fluent.

"The basic principle can be applied more effectively today with the advent of the Internet and Web 2.0 than was at all possible to do in the 1970s," Wolf said, calling for more direct democracy and an end to the facade of public comment in today’s system, which he said is "like talking to a wall."

"It’s not a dialogue, it’s not a conversation, and it’s certainly not a conversation with other people in the city," Wolf said. "No matter who’s mayor or who’s on the Board of Supervisors, the solutions that they are able to come up with are never going to be able to match the collective wisdom of the city of San Francisco. So building an online organism that allows people to engage in discussions about every single issue that comes across City Hall, as well as to vote in a sort of straw-poll manner around every single issue and to have conversations where the solutions can rise to the surface, seems to be a good step toward building a true democracy instead of a representative government."

Also calling for greater populism in government is Chicken John Rinaldi (see "Chicken and the Pot," 9/12/07), who shared his unique political strategy with us in a truly entertaining interview.

"I’m here to ask for the Guardian‘s second-place endorsement," Rinaldi said, aware that we intend to make three recommendations in this election, the first mayor’s race to use the ranked-choice voting system.

Asked if his running to illustrate a mechanism is akin to a hamster running on a wheel, Rinaldi elaborated on the twin issues that he holds dear to his heart — art and innovation — by talking about innovative ways to streamline the current complexities that artists, performers, and others must face when trying to get a permit to put on an event in San Francisco.

"I’m running for the idea of San Francisco," Rinaldi said. He claimed to be painting a campaign logo in the style of a mural on the side of his warehouse in the Mission District: "It’s going to say, ‘Chicken, it’s what’s for mayor,’ or ‘Chicken, the other white mayor.’"

He repeatedly said that he doesn’t know what he’s talking about; when we asked him what he’d do if he won, he told us that he’ll hire Mecke, Holmes, Sumchai, and Wolf to run the city.

Yet his comedy has a serious underlying message: "I want to create an arts spark." And that’s something he’s undeniably good at.

THE LAW-ENFORCEMENT VIEW


Sheriff Hennessey and District Attorney Harris aren’t being seriously challenged for reelection, and both decided early (despite pleas from their supporters) not to take on Newsom for the top job. In fact, they’re both endorsing him.

But in interviews with us, they were far from universally laudatory toward the incumbent mayor, saying he needs to do much more to get a handle on crime and the social- and economic-justice issues that drive it.

Hennessey said San Francisco’s county jail system is beyond its capacity for inmates and half of them are behind bars on drug charges, even in a city supposedly opposed to the war on drugs.

"I had this conversation with the mayor probably a year ago," Hennessey said. "I took him down to the jail to show him there were people sleeping on the floor at that time. I needed additional staff to open up a new unit. He came down and looked at the jails and said, ‘Yeah, this is not right.’"

Asked how he would cut the jail population in half, Hennessey — in all seriousness — suggested firing the city’s narcotics officers. He readily acknowledged that the culture within the SFPD is a barrier to creating a real dialogue and partnership with the rest of the city. How would he fix it? Make the police chief an elected office.

"From about 1850 to 1895, the San Francisco police chief was elected," he said. "I think it’d be a very good idea for this city. It’s a small enough city that I think the elected politicians really try to be responsive to the public will."

Hennessey said that with $10 million or $15 million more, he could have an immediate impact on violence in the city by expanding a program he began last year called the No Violence Alliance, which combines into one community-based case-management system all of the types of services that perpetrators of violence are believed to be lacking: stable housing, education, decent jobs, and treatment for drug addiction.

Harris told us so-called quality-of-life crimes, including hand-to-hand drug sales no matter how small, deserve to be taken seriously. But it’s not a crime to be poor or homeless, she insisted and eagerly pointed to her own reentry program for offenders, Back on Track.

More than half of the felons paroled in San Francisco in 2003 returned to prison not long thereafter, reaffirming the continuing plague of recidivism in California. Harris said more than 90 percent of the people who participated in the pilot phase of Back on Track were holding down a job or attending school by the time they graduated from the program. "DAs around the country are listening to what we’re saying about how to achieve smart public safety," she said of the reentry philosophy.

But at the end of the day, Harris is a criminal prosecutor before she’s a nonprofit administrator. And her relationship with the SFPD at times has amounted to little more than a four-year stalemate. Harris and former district attorney Terrence Hallinan both endured accusations by cops that they were too easy on defendants and reluctant to prosecute.

To help us understand who’s right when it comes to the murder rate, Harris shared some telling statistics. She said the rate of police solving homicides in San Francisco is about 30 percent, compared with 60 percent nationwide. And she said she’s gotten convictions in 90 percent of the murder cases she’s filed. Nonetheless, cops consistently blame prosecutors for crimes going unpunished.

"I go to so many community meetings and hear the story," she said. "I cannot tell you how often I hear the story…. It’s a self-defeating thing to say, ‘I’m not going to work because the DA won’t prosecute.’ … If no report is taken, then you’re right: I’m not going to prosecute."

YES AND NO


In addition to the candidates, the Guardian also invites proponents and opponents of the most important ballot measures (which this year include the transportation reform Measure A and its procar rival, Measure H), as well as a range of elected officials and activists, including Sups. Aaron Peskin, Tom Ammiano, Jake McGoldrick, Mirkarimi, and Daly.

Although none of these people are running for office, the interviews have produced heated moments: Guardian editor and publisher Bruce B. Brugmann took Peskin and other supervisors to task for not supporting Proposition I, which would create a small-business support center. That, Brugmann said, would be an important gesture in a progressive city that has asked small businesses to provide health care, sick pay, and other benefits.

Taxi drivers have also raised concerns to us about a provision of Measure A — which Peskin wrote with input from labor and others and which enjoys widespread support, particularly among progressives — that could allow the Board of Supervisors to undermine the 29-year-old system that allows only active drivers to hold valuable city medallions. In response, Peskin told us that was not the intent and that he is already working with Newsom to address those concerns with a joint letter and possible legislation.

"If San Francisco is going to be a world-class city, it’s got to have a great transportation infrastructure," Peskin told us about the motivation behind Measure A. "This would make sure that San Francisco has a transit-first policy forever."

Measure A would place control of almost all aspects of the transportation system under the Metropolitan Transportation Commission and give that panel more money and administrative powers in the process, while letting the Board of Supervisors retain its power to reject the MTA’s budget, fare hikes, or route changes. He also inserted a provision in the measure that would negate approval of Measure H, the downtown-backed measure that would invalidate existing city parking policies.

Ironically, Peskin said his approach would help prevent the gridlock that would result if the city’s power brokers got their wish of being able to build 10,000 housing units downtown without restrictions on automobile use and a revitalization of public transit options. As he said, "I think we are in many ways aiding developers downtown because [current development plans are] predicated on having a New York–style transit system."

Asked about Newsom’s controversial decision to ask for the resignations of senior staff, Peskin was critical but said he had no intention of having the board intervene. McGoldrick was more animated, calling it a "gutless Gavin move," and said, "If you want to fire them, friggin’ fire them." But he said it was consistent with Newsom’s "conflict-averse and criticism-averse" style of governance.

McGoldrick also had lots to say about Newsom’s penchant for trying to privatize essential city services — "We need to say, ‘Folks, look at what’s happening to your public asset’" — and his own sponsorship of Proposition K, which seeks to restrict advertising in public spaces.

"Do we have to submit to the advertisers to get things done?" McGoldrick asked us in discussing Prop. K, which he authored to counter "the crass advertising blight that has spread across this city."*

Editor’s Notes

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› tredmond@sfbg.com

Sup. Ross Mirkarimi likes to say that murder and Muni are Mayor Gavin Newsom’s most obvious weaknesses, and there are all kinds of ideas about fixing Muni. Murder, that’s a little tougher.

The mayoral candidates we’ve been talking to all decry the city’s rise in violent crime, and they all say something has to be done. The district attorney says so, and so does the Police Officers Association. But there’s a lot of finger-pointing going on, and a lot of rhetoric and circling around and dodging. I realize it’s a tough, complicated issue; I realize that one city can’t utterly transform the socioeconomic impacts of more than a quarter century of federal neglect of inner cities. I know that poverty and desperation drive crime and violence, and what we’re experiencing in San Francisco won’t be solved by any one simple program.

But I have to say, I’ve heard an idea from one of the candidates that just makes a lot of common sense.

Lonnie Holmes, who almost certainly won’t be elected, told us in an endorsement interview that the mentor he relied on when he was a kid growing up in a tough neighborhood in San Francisco was the guy who ran the local recreation center. It was open all the time; Holmes would just drop in after school, hang out, play some basketball…. There was a place to go, with a caring adult who was a supervisor, coach, teacher, and role model. No pressure, no special classes to sign up for, no fee, no cost at the door. Just a local rec center. There are dozens of them, all over the city.

But these days a lot of them aren’t open as much. Budget cuts to the Recreation and Park Department have forced the rec centers to limit their hours. The center in Bernal Heights, where I live, used to be open on weekends; now the doors are mostly locked.

There’s not a lot in the way of quality public after-school programs either.

So kids who don’t have a stable home life, or whose parents or guardians are working two jobs and are rarely around, or who have any of a long list of factors that put them at risk for violence don’t have anywhere to go. Bad idea.

So why not a budget plan to fully fund all the rec centers and fund comprehensive after-school care as a means of violence prevention? It’s a lot cheaper than hiring a few hundred more cops.

Onward: there’s a fascinating comment at the very end of the seven-page city attorney’s opinion on Newsom’s call for mass resignations by department heads and other top city officials. It’s just two sentences, and the relevant part goes like this: "The resignations … may present other legal issues…. For example, there could be questions about whether to make public disclosures under certain city bonds or municipal debt issuances."

Here’s what that means: the city could be required to tell bond holders and underwriters that all of the department heads, the entire senior staff of the Mayor’s Office, and all commissioners — the combined pool of talent and experience at City Hall — have been asked to resign. If anything on this scale happened in a private business, the company’s stock would fall precipitously; one might assume that bond-rating agencies could consider San Francisco to be facing real leadership troubles and reduce our bond rating.

That, in turn, would cost the city a sizable amount of money.

I wonder, Mr. Mayor — did that ever occur to you?

Stop the developers now

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EDITORIAL Sup. Tom Ammiano is taking a key step toward ending the gold rush by local housing developers who want to get their projects approved under the wire before the city can put in place new zoning controls for the eastern neighborhoods. The supervisors ought to approve his resolution as quickly as possible.

The eastern neighborhoods planning process has been under way for years; at this point the Planning Department is projecting final language for a proposal sometime around the end of the year. Then it will go to the supervisors, who will be able to debate, hold hearings on, and amend the plan. All of this will take months — and in the meantime, the Planning Commission keeps approving projects.

According to a startling document that the Planning Department posted on its Web site last week, some 30,000 housing units are in the pipeline — projects that have permits pending, have been approved, or are under construction. Nearly 5,000 units are already under construction, and applications for 142 projects, with a total of 9,305 units, are now before the department. That’s a whole lot of new construction, a whole lot of market-rate condos that don’t fit in with the city’s General Plan. Every one of the developers would like to get permission to go forward before any further limits are placed on housing construction.

And the Planning Commission seems happy to oblige: market-rate projects on César Chávez and Valencia streets both won the nod in the past few weeks, infuriating neighborhood activists who wanted to see more affordable housing. And to make matters worse, as Ammiano noted in introducing temporary controls for new housing, the commission rejected a proposal to collect fees of $12 per square foot to fund community amenities and mitigation. "Why the commission chose not to impose conditions on projects in the pipeline is beyond reason," Ammiano said.

His measure would deny permits for any new development in the eastern neighborhoods for the next 18 months or until a full eastern neighborhoods plan is approved by the Board of Supervisors. That makes perfect sense — everyone who wants to build housing in San Francisco knows that there are new zoning rules coming; there’s no surprise here. And if the commission is allowed to keep green-lighting market-rate housing without adequate planning for building the necessary parks, transportation infrastructure, police and fire stations, etc., the city will be absorbing as many as 30,000 new housing units without adequate mitigation.

There’s a larger question here too: as we pointed out last week (see "Our Three-Point Plan to Save San Francisco," 9/19/07), the current proposals in the eastern neighborhoods draft plans don’t do anywhere near enough to provide housing for working-class and low-income San Franciscans. The housing that’s in the pipeline will do nothing to bring down costs and will instead attract world travelers, speculators, and young Silicon Valley workers, who can afford small, expensive condos. That sort of housing policy doesn’t help fight sprawl or global warming, since it forces people who now work in San Francisco to move farther and farther out of town to find affordable places to live.

So the supervisors may decide to do the sane thing when they get the eastern neighborhoods plan and strictly limit new market-rate housing until the deficit in affordable units is under control. And there may be a ballot initiative to completely transform the way housing policy is set in this city (see "A Prop. M for Housing," 9/19/07). Allowing tens of thousands more luxury condo units to be built before the city has the chance to decide how it wants to handle future housing policy is a terrible idea.

Putting on hold projects that are almost certainly not consistent with the direction this city should go until there’s a chance to finalize the eastern neighborhoods plan is a no-brainer. The board should approve Ammiano’s proposal — with no special exceptions for any developer or any project.

Cold case

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› gwschulz@sfbg.com

The gruesome death of a French national living in San Francisco is becoming a political hornet’s nest for local top law enforcement officials and the Mayor’s Office.

It’s still not clear how local homicide cops will define 36-year-old Hugues de la Plaza’s death after months of allowing for and even favoring the possibility that he took his own life. Suicide would have made things much less difficult for everyone in San Francisco responsible for catching those who kill, but few people close to de la Plaza believe that he killed himself.

But the French ambassador to the United States, Pierre Vimont, a confidant of newly elected president Nicolas Sarkozy, is following the case closely, and a police officer at the French consulate in Los Angeles is transutf8g hundreds of e-mails from de la Plaza’s Google and Yahoo accounts as well as mining material from the hard drive of his computer after breaking into it last week, a task homicide inspectors here apparently hadn’t yet bothered with.

"I have notified others regarding the implications contained in your letter and the wishes that you expressed to ensure an in-depth and serious inquest into the death of your son," Vimont wrote to de la Plaza’s parents, Mireille and François, earlier this year, according to our rough translation.

The status of the case right now is hardly reassuring for the de la Plazas, who forked out their own cash for a private investigator.

Recent photos of de la Plaza show him with unshorn black hair spilling out from an army cap and wide dark eyes under a pair of bushy brows.

His ex-girlfriend, Mellisa Nix, with whom he remained close, will testify soon in front of the Board of Supervisors’ Public Safety Committee on how well the SFPD is investigating violent crimes in the city as the homicide rate marches swiftly toward a 15-year high.

More than half of the annual homicide cases in San Francisco since 2001 have resulted in no arrests, according to the Police Department’s statistics, and that includes those in which the feds became involved.

Nix has doggedly pursued de la Plaza’s case, starting a blog with photos and updates, frequently calling area newsrooms to urge follow-up stories — she’s a reporter for the Sacramento Bee — and pestering the SFPD’s homicide unit to the point that it now refuses to answer her questions. Messages we left with the SFPD’s Bureau of Investigations seeking comment were not returned.

"From the get-go I had a sense that this investigation was being conducted in a fashion that doesn’t shed a very good light on the SFPD," Nix told the Guardian. "I was the one who had to call the parents and tell them their son was dead."

Two police officers kicked open the back door of 462 Linden on the morning of June 2 after a neighbor discovered blood dripping off de la Plaza’s front doorknob, with spattered pools of it leading from the threshold. They found de la Plaza lying on the floor, stabbed multiple times amid a grizzly scene of more blood that spread from the bathroom up the hallway to the kitchen and into the living room, where it soaked the coach and a television was knocked over.

De la Plaza had recently purchased land in Argentina, earned a promotion at work, acquired a new laptop, and made plans for the upcoming week — all things friends say a man considering suicide wouldn’t have done. But Nix said he had been frequently dating online, and it’s possible that an estranged lover or someone’s boyfriend attacked him.

The night of June 1 he’d met with a friend from work at SF Underground in the Lower Haight after going on a date to an art gallery with another transplant from France.

Nothing significant appeared to be stolen from his apartment after he made it home after last call, and both the front and back doors were locked when the two officers arrived. Immediately, police and officials from the Medical Examiner’s Office suspected a suicide. But Nix and others close to de la Plaza believe that persistent assumption has allowed the case’s trail to grow cold despite evidence suggesting he was murdered.

"It’s fucked-up in retrospect," said Orion Denley, a friend and neighbor who was briefly questioned by police the day de la Plaza was found. "I kept thinking, ‘How come they aren’t asking me if I heard anything?’ All they did was ask over and over again if he was suicidal, like they had already made up their minds that he had committed suicide."

No one from the Police Department contacted him again, but Denley said he heard de la Plaza’s front door slam three times, followed by two crashes and the sound of a distinct set of footsteps on the stairs leading from the apartment.

"It was definitely someone exiting the building," he said, "because you could hear the footsteps getting quieter as they ran away."

There was no suicide note or apparent weapon, nor was there an immediate suspect. Police found a knife in the sink with trace substances that could have been de la Plaza’s blood. They’ve since missed at least two promised deadlines for the completion of a DNA analysis, and now there’s no telling when the results will be available. It’s the only real piece of evidence left allowing investigators to regard de la Plaza’s death merely as suspicious rather than a murder.

"It’s something that I don’t think Hugues would have ever considered doing," Nix said of the suicide theory. "He had his ups and downs. He was a very private person. But if he were going to kill himself, he would probably write a letter. He was very precise and particular about how he conducted his life."

But there’s no doubt the pressure’s on. Sup. Ross Mirkarimi has vocalized his disapproval of the way skyrocketing homicides in his district — which includes the Hayes Valley neighborhood, where de la Plaza lived — are being handled by the Police Department, and District Attorney Kamala Harris has paid special attention to the case. Her chief assistant met twice with de la Plaza’s family, who visited for several weeks earlier in the summer.

The family also met with Inspector Tony Casillas and bureau captain Kevin Cashman but returned to France largely empty-handed. They’ve since discussed using insurance money they received after de la Plaza’s death to establish a support group in San Francisco for the families of victims whose murders go unsolved.

"Is that what it takes in San Francisco? Hire a private investigator and involve a foreign police force?" Nix wrote to Mayor Gavin Newsom in July. "If so, shame on the leaders of San Francisco. If so, God help those in your city who do not have such resources."

Spooked

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› sarah@sfbg.com

Dressed to kill in a firehouse-red pantsuit and matching stilettos, drag queen Donna Sachet stood in the Eureka Valley Recreation Center on Sept. 22 and fondly recalled how four years ago she lauded Sup. Bevan Dufty when he announced that he wanted to make Halloween in the Castro a safer, more enjoyable event.

"Bevan said, ‘Come and celebrate, but no bad behavior,’" Sachet purred.

But things have changed — dramatically — and this year Sachet was helping moderate a heated meeting of a group called Citizens for Halloween, at which residents raised myriad concerns about Dufty and Mayor Gavin Newsom’s secretive plans for Halloween.

Dufty and Newsom’s plans have morphed from a failed and furtive attempt to move this fall’s event to the waterfront to an ongoing PR campaign that asks businesses to close early on what traditionally has been their busiest night of the year and implores the public to stay away from the famously flamboyant Castro on Halloween night.

There will be no city-sponsored porta-potties and no street closures.

But locals are haunted by a belief that it’s about as easy to kill Halloween in the Castro as it is to kill a bloodthirsty vampire on a rampage and a fear that the city’s current plan could leave the Castro less safe than ever.

Sachet, who has lived in the Castro for 13 years, recalled that since the city’s gay population migrated from Polk Street to the Castro, the numbers attending the annual Halloween in the Castro party have steadily swollen, to 100,000 in 2006.

"There have been many concerns over the size of it," Sachet said, recalling how, after four people were stabbed in 2002, increased community involvement and police presence and the creation of emergency lanes made Halloween 2005 one of the most peaceful in years.

"Then in 2006 we got word from the city to hem in the event and end it sooner," Sachet said, reminding the crowd that Newsom promised to convene a task force two days after nine people were shot and one woman was trampled on Halloween 2006 — an incident that was triggered by someone throwing a bottle into a crowd of young people, one of whom pulled out a gun and fired nine shots in retaliation.

The bottle incident occurred shortly after the city pulled the plug on the music and began chasing away the costumed crowds with water trucks in an effort to break up the party early.

But despite Newsom’s promise of a task force, no public presentation was ever made, and longtime Castro resident Gary Virginia, who applied to be on the panel, said he "never got any communication back."

Public records show that Newsom and Dufty held closed-door meetings with city department heads and members of the Entertainment Commission last winter in an effort to shift Halloween from the Castro into the backyard of Mission Bay residents. Those plans fell through, thanks to the objections of neighborhood associations that were left out of the planning loop and the financial concerns of event promoters who allegedly got spooked by all of the negative publicity that has been given to Halloween in the Castro.

Rich Dyer of the Sheriff’s Department confirmed to the audience at the meeting that city department heads have been holding secret sessions for months.

With Newsom recently admitting that the city can’t prevent people from showing up, Sachet said the members of Citizens for Halloween "aren’t placing blame but want accountability."

SF Party Party founder Ted Strawser said he’s worried that the only party happening on Halloween will take place at San Francisco General Hospital and the County Jails unless the city provides answers to the community’s questions about public safety and health, medical emergencies, and transportation.

CFH cofounder Alix Rosenthal, who challenged Dufty in last year’s District 8 supervisorial race, joined Virginia, Strawser, and LGBT community activist Hank Wilson in sending the city an extensive list of questions, which also includes concerns about the impact of the current plan on businesses, the lack of community partnership and involvement, and hopes for a post-Halloween evaluation.

"We think we deserve to know as stakeholders," Virginia said.

The Sheriff’s Department, at least, was willing to talk a bit about what’s going on. "The plans have changed radically over the last three or four months, as have the roles of the departments, but the police have finally settled on a response kind of plan," Dyer said. "And as far as I know, there are no plans for checkpoints this year."

Asked by mayoral candidate Chicken John Rinaldi whether he thought that frisking members of the crowd, as was done last year, helped contain the situation, Dyer nodded.

"A tremendous amount of alcohol was intercepted, along with knives and other weapons," Dyer said.

But this time around there won’t be the normal safety precautions; for example, cars will be able to drive along Castro between 18th Street and Market. If the mayor’s polite requests fail and large crowds show up anyway, the place could be a mess — and without toilets available, people may simply use the street.

Two Castro businesses, Ritual Coffee Roasters and one that asked to remain anonymous, will provide porta-potties to any residence or business that requests help. But with the witching hour just five weeks away, the prospects for peace and harmony aren’t looking good.

For more information, visit www.halloweeninthecastro.com or www.citizensforhalloween.com.

Meet the candidates: Michael Hennessey

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The Bay Guardian is interviewing the candidates for the 2007 elections. We’ll be updating this entry as more information comes in. Post your thoughts or comments below.

San Francisco Sheriff Michael Hennessey

michael_hennessey.jpg

www.sheriffhennessey.com

“From about 1850 to 1895, the San Francisco police chief was elected. I think it’d be a very good idea for this city. It’s a small enough city that I think the elected politicians really try to be responsive to the public will.”

Michael Hennessey interview


Visit the Guardian 2007 Election Center for updates, more interviews, and 2007 election news.

The Guardian Iraq War casualty report (9/24/07)

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For a breakdown of the positions that relevant politicians are taking on the war in Iraq, visit the slate.com link below. This chart gives a brief breakdown of each listed politicians original stance on the U.S. invasion of Iraq, current stance, views on the surge, suggested solution, and whether or not they’ve ever actually been to Iraq. Click here to view.

Casualties in Iraq

Iraqi civilians:

At least 20 Iraqis, including an Iraqi police chief, were killed today in a suicide bombing in Baquba, according to Reuters. In a separate suicide car bombing today, six Iraqi civilians were killed in Northern Iraq.

654,965
more Iraqis may have died since hostilities began in Iraq in March 2003 than would have been expected under pre-war conditions, according to a Johns Hopkins University study.

98,000
: Killed since 3/03

Source: www.thelancet.com

73,498– 80,116: Killed since 1/03

Source: http://www.iraqbodycount.net

For a list of recent events that have resulted in Iraqi casualties, visit :
http://www.iraqbodycount.org/database/recent/

For first hand accounts of the grave situation in Iraq, visit some of these blogs:
www.ejectiraqikkk.blogspot.com
www.healingiraq.blogspot.com
www.afamilyinbaghdad.blogspot.com

U.S. military:

A U.S. soldier was killed today during combat in Iraq, according to the Associated Press.
This statistic was easily accessible on news sites in Iran, China, India and the Philippines, who ran the Associated Press story. Look for yourself:
http://www.nytimes.com/
http://www.washingtonpost.com/
http://www.sfgate.com/politics/
http://www.latimes.com/
http://www.cnn.com/

4,067: Killed since the U.S. invasion of Iraq 3/20/03

Source: http://www.icasualties.org/

122 : Died of self-inflicted wounds, according to http://www.icasualties.org/.

For the Department of Defense statistics go to: http://www.defenselink.mil/

For a more detailed list of U.S. Military killed in the War in Iraq go to: www.cnn.com

To view a breakdown of U.S. military casualties by state of residence, click here.

Iraq Military:

30,000?: Killed since 2003

Source: http://www.infoshout.com

Journalists:

200 journalists have been killed since the start of the war in March 2003, according to Reporters Without Borders.

Refugees:

Read a first hand account of how Iraqis are being treated when attempting to enter Jordan for a vacation.

Border policies are tightening because one million Iraqi refugees have already fled to Jordan and another one million to Syria. Iraqi refugees who manage to make it out of Iraq still can’t work, have difficulty attending school and are not eligible for health care. Many still need to return to Iraq to escape poverty, according to BBC news.

2.2 million: Iraqis displaced internally

2 million: Iraqis displaced to neighboring states

Incessant violence across much of Iraq’s central and southern regions has forced tens of thousands of people to leave their homes every month, presenting the international community with a humanitarian crisis even larger than the upheaval aid agencies had planned for during the 2003 war, according to United Nations High Commissioner for Refugees’ estimates.

U.S. Military Wounded:

122,000: Wounded from 3/19/03 to 8/31/07

Source: http://www.icasualties.org/

The Guardian cost of Iraq war report (9/24/07): So far, $454 billion for the U.S., $57 billion for California and $1 billion for San Francisco.

Compiled by Paula Connelly

Here is a running total of the cost of the Iraq War to the U.S. taxpayer, provided by the National Priorities Project located in Northampton, Massachusetts. The number is based on Congressional appropriations. Niko Matsakis of Boston, MA and Elias Vlanton of Takoma Park, MD originally created the count in 2003 on costofwar.com. After maintaining it on their own for the first year, they gave it to the National Priorities Project to contribute to their ongoing educational efforts.

To bring the cost of the war home, please note that California has already lost $46 billion and San Francisco has lost $1 billion to the Bush war and his mistakes. In San Francisco alone, the funds used for the war in Iraq could have hired 21,264 additional public school teachers for one year, we could have built 11,048 additional housing units or we could have provided 59,482 students four-year scholarships at public universities. For a further breakdown of the cost of the war to your community, see the NPP website aptly titled “turning data into action.”

For more information on what the war is costing the United States visit the American Service Friends Committee website here.

Are the cops doing their jobs?

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For the first time ever, the San Francisco Controller’s Office (using outside consultants) is conducting a survey on the behavior and effectiveness of the SFPD. You can fill it out online here.

This is part of legislation by Sup. Ross Mirkarimi, and it’s important that all parts of the community respond. Cuz’ you know the cops will all fill out the survey ….

My only problem with the survey is that it doesn’t ask about police abuse or accountability, but it does ask about effectiveness, and there are places where you can type in comments.

Joining the party

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lit@sfbg.com
In 1946, after three and a half years spent fighting in the segregated US Army on the Pacific front of World War II, Nelson Peery returned to a home front marked by joblessness, mob violence, lynchings, police tyranny, and red-baiting hysteria. Discussing the homecoming of black veterans such as himself in his new memoir, Black Radical, he says, “We had become conscious defending other people’s freedom.”
Black Radical is the sequel to Peery’s first memoir, Black Fire, which takes us from Peery’s childhood during the Great Depression to the wartime experiences that lead to his expanding racial consciousness. Black Radical focuses on Peery’s time in the Communist Party, which he joins soon after his return to Minnesota. Shortly thereafter, Peery’s father, an American Legion stalwart, chooses patriotism over paternity and declares to the state legislature, “I have seen my seven sons swallowed in the bloody maw of Communism.” This “good Negro” pose is exactly what Peery has vowed to struggle against, although he is equally skeptical of black nationalism, embracing instead a Marxist analysis that sees the overarching system as the problem, not just white racists and their deluded allies.
Peery’s dedication to the Communist Party, which he likens to his commitment to his army division during the war, is sometimes stunning when juxtaposed to the organization’s systemic racism. And while he is forthright about his ethical struggles and political development, there is a staginess to much of the dialogue that transforms plot turns into vehicles for Peery’s soul-searching. But the book is also filled with anecdotes that lend emotional depth to Peery’s revolutionary rhetoric, such as when a white librarian hands him a copy of Karl Marx’s The German Ideology, though such a gesture could lead to her immediate dismissal. Or when Peery hosts legendary blues singer Leadbelly at his Minneapolis home and the singer ends up entertaining a crowd of 200 revelers that includes the visiting Dean of Canterbury.
Black Radical concludes in the LA neighborhood of Watts, where Peery attempts to do organizing work as relentless police harassment of poor black residents leads to the Watts uprising of 1965. Peery visits a supermarket where customers are piling their shopping carts high and then wheeling everything past smiling clerks. One woman tells Peery, “You can take whatever you want. They ain’t chargin’ today.” While the riots are eventually suppressed by 24,000 law enforcement thugs, this moment still illuminates the possibilities for the self-determination Peery invokes.
BLACK RADICAL: THE EDUCATION OF AN AMERICAN REVOLUTIONARY
By Nelson Peery
New Press
272 pages
$24.95
READING
Sept. 20, 7 p.m., free
City Lights Bookstore
261 Columbus, SF
(415) 362-8193, www.citylights.com

Our three-point plan to save San Francisco

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› news@sfbg.com

Curtis Aaron leaves his house at 9 a.m. and drives to work as a recreation center director for the San Francisco Recreation and Park Department. He tries to leave enough time for the trip; he’s expected on the job at noon.

Aaron lives in Stockton. He moved there with his wife and two kids three years ago because “there was no way I could buy a place in San Francisco, not even close.” His commute takes three hours one way when traffic is bad. He drives by himself in a Honda Accord and spends $400 a month on gas.

Peter works for the city as a programmer and lives in Suisun City, where he moved to buy a house and start a family. Born and raised in San Francisco, he is now single again, with grown-up children and a commute that takes a little more than an hour on a good day.

“I’d love to move back. I love city life, but I want to be a homeowner, and I can’t afford that in the city,” Peter, who asked us not to use his last name, explained. “I work two blocks from where I grew up and my mom’s place, which she sold 20 years ago. Her house is nothing fancy, but it’s going for $1.2 million. There’s no way in hell I could buy that.”

Aaron and Peter aren’t paupers; they have good, unionized city jobs. They’re people who by any normal standard would be considered middle-class — except that they simply can’t afford to live in the city where they work. So they drive long distances every day, burning fossil fuels and wasting thousands of productive hours each year.

Their stories are hardly unique or new; they represent part of the core of the city’s most pressing problem: a lack of affordable housing.

Just about everyone on all sides of the political debate agrees that people like Aaron and Peter ought to be able to live in San Francisco. Keeping people who work here close to their jobs is good for the environment, good for the community, and good for the workers.

“A lack of affordable housing is one of the city’s greatest challenges,” Mayor Gavin Newsom acknowledged in his 2007–08 draft budget.

The mayor’s answer — which at times has the support of environmentalists — is in part to allow private developers to build dense, high-rise condominiums, sold at whatever price the market will bear, with a small percentage set aside for people who are slightly less well-off.

The idea is that downtown housing will appeal to people who work in town, keeping them out of their cars and fighting sprawl. And it assumes that if enough market-rate housing is built, eventually the price will come down. In the meantime, demanding that developers make somewhere around 15 percent of their units available at below-market rates should help people like Aaron and Peter — as well as the people who make far less money, who can never buy even a moderately priced unit, and who are being displaced from this city at an alarming rate. And a modest amount of public money, combined with existing state and federal funding, will make affordable housing available to people at all income levels.

But the facts are clear: this strategy isn’t working — and it never will. If San Francisco has any hope of remaining a city with economic diversity, a city that has artists and writers and families and blue-collar workers and young people and students and so many of those who have made this one of the world’s great cities, we need to completely change how we approach the housing issue.

 

HOMELESS OR $100,000

The housing plans coming out of the Mayor’s Office right now are aimed primarily at two populations: the homeless people who have lost all of their discretionary income due to Newsom’s Care Not Cash initiative, and people earning in the neighborhood of $100,000 a year who can’t afford to buy homes. For some time now, the mayor has been diverting affordable-housing money to cover the unfunded costs of making Care Not Cash functional; at least that money is going to the truly needy.

Now Newsom’s housing director, Matt Franklin, is talking about what he recently told the Planning Commission is a “gaping hole” in the city’s housing market: condominiums that would allow people on the higher end of middle income to become homeowners.

At a hearing Sept. 17, Doug Shoemaker of the Mayor’s Office of Housing told a Board of Supervisors committee that the mayor wants to see more condos in the $400,000 to $600,000 range — which, according to figures presented by Service Employees International Union Local 1021, would be out of the reach of, say, a bus driver, a teacher, or a licensed vocational nurse.

Newsom has put $43 million in affordable-housing money into subsidies for new home buyers in the past year. The Planning Department is looking at the eastern neighborhoods as ground zero for a huge new boom in condos for people who, in government parlance, make between 120 and 150 percent of the region’s median income (which is about $90,000 a year for a family of four).

In total, the eastern neighborhoods proposal would allow about 7,500 to 10,000 new housing units to be added over the next 20 years. Downtown residential development at Rincon Hill and the Transbay Terminal is expected to add 10,000 units to the housing mix, and several thousand more units are planned for Visitacion Valley.

The way (somewhat) affordable housing will be built in the eastern part of town, the theory goes, is by creating incentives to get developers to build lower-cost housing. That means, for example, allowing increases in density — changing zoning codes to let buildings go higher, for example, or eliminating parking requirements to allow more units to be crammed into an available lot. The more units a developer can build on a piece of land, the theory goes, the cheaper those units can be.

But there’s absolutely no empirical evidence that this has ever worked or will ever work, and here’s why: the San Francisco housing market is unlike any other market for anything, anywhere. Demand is essentially insatiable, so there’s no competitive pressure to hold prices down.

“There’s this naive notion that if you reduce costs to the market-rate developers, you’ll reduce the costs of the unit,” Calvin Welch, an affordable-housing activist with more than three decades of experience in housing politics, told the Guardian. “But where has that ever happened?”

In other words, there’s nothing to keep those new condos at rates that even unionized city employees — much less service-industry workers, nonprofit employees, and those living on much lower incomes — can afford.

In the meantime, there’s very little discussion of the impact of increasing density in the nation’s second-densest city. Building housing for tens of thousands of new people means spending hundreds of millions of dollars on parks, recreation centers, schools, police stations, fire stations, and Muni lines for the new neighborhoods — and that’s not even on the Planning Department’s radar. Who’s going to pay for all that? Nothing — nothing — in what the mayor and the planners are discussing in development fees will come close to generating the kind of cash it will take to make the newly dense areas livable.

“The solution we are striving for has not been achieved,” said Chris Durazo, chair of the South of Market Community Action Network, an organizing group. “Should we be looking at the cost to developers to build affordable housing or the cost to the neighborhood to be healthy? We’re looking at the cumulative impacts of policy, ballot measures, and planning and saying it doesn’t add up.”

In fact, Shoemaker testified before the supervisors’ committee that the city is $1.14 billion short of the cash it needs to build the level of affordable housing and community amenities in the eastern neighborhoods that are necessary to meet the city’s own goals.

This is, to put it mildly, a gigantic problem.

 

THE REST OF US

Very little of what is on the mayor’s drawing board is rental housing — and even less is housing available for people whose incomes are well below the regional median, people who earn less than $60,000 a year. That’s a large percentage of San Franciscans.

The situation is dire. Last year the Mayor’s Office of Community Development reported that 16 percent of renters spend more than half of their income on housing costs. And a recent report from the National Low Income Housing Coalition notes that a minimum-wage earner would have to work 120 hours a week, 52 weeks a year, to afford the $1,551 rent on a two-bedroom apartment if they spent the recommended 30 percent of their income on housing.

Ted Gullickson of the San Francisco Tenants Union told us that Ellis Act evictions have decreased in the wake of 2006 Board of Supervisors legislation that bars landlords from converting their property from rentals to condos if they evict senior or disabled tenants.

But the condo market is so profitable that landlords are now offering to buy out their tenants — and are taking affordable, rent-controlled housing off the market at the rate of a couple of hundred units a month.

City studies also confirm that white San Franciscans earn more than twice as much as their Latino and African American counterparts. So it’s hardly surprising that the Bayview–Hunters Point African American community is worried that it will be displaced by the city’s massive redevelopment plan for that area. These fears were reinforced last year, when Lennar Corp., which is developing 1,500 new units at Hunters Point Shipyard, announced it will only build for-sale condos at the site rather than promised rental units. Very few African American residents of Bayview–Hunters Point will ever be able to buy those condos.

Tony Kelly of the Potrero Hill Boosters believes the industrial-zoned land in that area is the city’s last chance to address its affordable-housing crisis. “It’s the biggest single rezoning that the city has ever tried to do. It’s a really huge thing. But it’s also where a lot of development pressure is being put on the city, because the first sale on this land, once it’s rezoned, will be the most profitable.”

Land use attorney Sue Hestor sees the eastern neighborhoods as a test of San Francisco’s real political soul.

“There is no way it can meet housing goals unless a large chunk of land goes for affordable housing, or we’ll export all of our low-income workers,” Hestor said. “We’re not talking about people on welfare, but hotel workers, the tourist industry, even newspaper reporters.

“Is it environmentally sound to export all your workforce so that they face commute patterns that take up to three and four hours a day, then turn around and sell condos to people who commute to San Jose and Santa Clara?”

 

A THREE-POINT PLAN

It’s time to rethink — completely rethink — the way San Francisco addresses the housing crisis. That involves challenging some basic assumptions that have driven housing policy for years — and in some quarters of town, it’s starting to happen.

There are three elements of a new housing strategy emerging, not all from the same people or organizations. It’s still a bit amorphous, but in community meetings, public hearings, blog postings, and private discussions, a program is starting to take shape that might actually alter the political landscape and make it possible for people who aren’t millionaires to rent apartments and even buy homes in this town.

Some of these ideas are ours; most of them come from community leaders. We’ll do our best to give credit where it’s due, but there are dozens of activists who have been participating in these discussions, and what follows is an amalgam, a three-point plan for a new housing policy in San Francisco.

1. Preserve what we have. This is nothing new or terribly radical, but it’s a cornerstone of any effective policy. As Welch points out repeatedly, in a housing crisis the cheapest and most valuable affordable housing is the stuff that already exists.

Every time a landlord or real estate speculator tries to make a fast buck by evicting a tenant from a rent-controlled apartment and turning that apartment into a tenancy in common or a condo, the city’s affordable-housing stock diminishes. And it’s far cheaper to look for ways to prevent that eviction and that conversion than it is to build a new affordable-rental apartment to replace the one the city has lost.

The Tenants Union has been talking about this for years. Quintin Mecke, a community organizer who is running for mayor, is making it a key part of his platform: More city-funded eviction defense. More restrictions on what landlords can do with buildings emptied under the Ellis Act. And ultimately, a statewide strategy to get that law — which allows landlords to clear a building of tenants, then sell it as condos — repealed.

Preserving existing housing also means fighting the kind of displacement that happens when high-end condos are squeezed into low-income neighborhoods (which is happening more and more in the Mission, for example, with the recent approval of a market-rate project at 3400 César Chávez).

And — equally important — it means preserving land.

Part of the battle over the eastern neighborhoods is a struggle for limited parcels of undeveloped or underdeveloped real estate. The market-rate developers have their eyes (and in many cases, their claws) on dozens of sites — and every time one of them is turned over for million-dollar condos, it’s lost as a possible place to construct affordable housing (or to preserve blue-collar jobs).

“Areas that have been bombarded by condos are already lost — their industrial buildings and land are already gone,” Oscar Grande of People Organizing to Demand Environmental and Economic Rights told us.

So when activists (and some members of the Board of Supervisors) talk about slowing down or even stopping the construction of new market-rate housing in the eastern neighborhoods area, it’s not just about preventing the displacement of industry and blue-collar jobs; it’s also about saving existing, very limited, and very valuable space for future affordable housing.

And that means putting much of the eastern neighborhoods land off limits to market-rate housing of any kind.

The city can’t exactly use zoning laws to mandate low rents and low housing prices. But it can place such high demands on developers — for example, a requirement that any new market-rate housing include 50 percent very-low-income affordable units — that the builders of the million-dollar condos will walk away and leave the land for the kind of housing the city actually needs.

2. Find a new, reliable, consistent way to fund affordable housing. Just about everyone, including Newsom, supports the notion of inclusionary housing — that is, requiring developers to make a certain number of units available at lower-than-market rates. In San Francisco right now, that typically runs at around 15 percent, depending on the size of the project; some activists have argued that the number ought to go higher, up to 20 or even 25 percent.

But while inclusionary housing laws are a good thing as far as they go, there’s a fundamental flaw in the theory: if San Francisco is funding affordable housing by taking a small cut of what market-rate developers are building, the end result will be a city where the very rich far outnumber everyone else. Remember, if 15 percent of the units in a new luxury condo tower are going at something resembling an affordable rate, that means 85 percent aren’t — and ultimately, that leads to a population that’s 85 percent millionaire.

The other problem is how you measure and define affordable. That’s typically based on a percentage of the area’s median income — and since San Francisco is lumped in with San Mateo and Marin counties for income statistics, the median is pretty high. For a family of four in San Francisco today, city planning figures show, the median income is close to $90,000 a year.

And since many of these below-market-rate projects are priced to be affordable to people making 80 to 100 percent of the median income, the typical city employee or service-industry worker is left out.

In fact, much of the below-market-rate housing built as part of these projects isn’t exactly affordable to the San Franciscans most desperately in need of housing. Of 1,088 below-market-rate units built in the past few years in the city, Planning Department figures show, just 169 were available to people whose incomes were below half of the median (that is, below $45,000 a year for a family of four or $30,000 a year for a single person).

“A unit can be below market rate and still not affordable to 99 percent of San Franciscans,” Welch noted.

This approach clearly isn’t working.

So activists have been meeting during the past few months to hammer out a different approach, a way to sever affordable-housing funding from the construction of market-rate housing — and to ensure that there’s enough money in the pot to make an actual difference.

It’s a big number. “If we have a billion dollars for affordable housing over the next 15 years, we have a fighting chance,” Sup. Chris Daly told us. “But that’s the kind of money we have to talk about to make any real impact.”

In theory, the mayor and the supervisors can just allocate money from the General Fund for housing — but under Newsom, it’s not happening. In fact, the mayor cut $30 million of affordable-housing money this year.

The centerpiece of what Daly, cosponsoring Sup. Tom Ammiano, and the housing activists are talking about is a charter amendment that would earmark a portion of the city’s annual property-tax collections — somewhere around $30 million — for affordable housing. Most of that would go for what’s known as low- and very-low-income housing — units affordable to people who earn less than half of the median income. The measure would also require that current housing expenditures not be cut — to “lock in everything we’re doing now,” as Daly put it — so that that city would have a baseline of perhaps $60 million a year.

Since the federal government makes matching funds available for many affordable-housing projects, that money could be leveraged into more than $1 billion.

Of course, setting aside $30 million for affordable housing means less money for other city programs, so activists are also looking at ways to pay for it. One obvious option is to rewrite the city’s business-tax laws, replacing some or all of the current payroll tax money with a tax on gross receipts. That tax would exempt all companies with less than $2 million a year in revenue — the vast majority of the small businesses in town — and would be skewed to tax the bigger businesses at a higher rate.

Daly’s measure is likely headed for the November 2008 ballot.

The other funding option that’s being discussed in some circles — including the Mayor’s Office of Housing — is complicated but makes a tremendous amount of sense. Redevelopment agencies now have the legal right to sell revenue bonds and to collect income based on so-called tax increments — that is, the increased property-tax collections that come from a newly developed area. With a modest change in state law, the city should be able to do that too — to in effect capture the increased property taxes from new development in, say, the Mission and use that money entirely to build affordable housing in the neighborhood.

That, again, is a big pot of cash — potentially tens of millions of dollars a year. Assemblymember Mark Leno (D–San Francisco) told us he’s been researching the issue and is prepared to author state legislation if necessary to give the city the right to use tax-increment financing anywhere in town. “With a steady revenue stream, you can issue revenue bonds and get housing money up front,” he said.

That’s something redevelopment agencies can do, and it’s a powerful tool: revenue bonds don’t have to go to the voters and are an easy way to raise money for big projects — like an ambitious affordable-housing development program.

Somewhere, between all of these different approaches, the city needs to find a regular, steady source for a large sum of money to build housing for people who currently work in San Francisco. If we want a healthy, diverse, functioning city, it’s not a choice any more; it’s a mandate.

3. A Proposition M for housing. One of the most interesting and far-reaching ideas we’ve heard in the past year comes from Marc Salomon, a Green Party activist and policy wonk who has done extensive research into the local housing market. It may be the key to the city’s future.

In March, Salomon did something that the Planning Department should have done years ago: he took a list of all of the housing developments that had opened in the South of Market area in the past 10 years and compared it to the Department of Elections’ master voter files for 2002 and 2006. His conclusion: fully two-thirds of the people moving into the new housing were from out of town. The numbers, he said, “indicate that the city is pursuing the exact opposite priorities and policies of what the Housing Element of the General Plan calls for in planning for new residential construction.”

That confirms what we found more than a year earlier when we knocked on doors and interviewed residents of the new condo complexes (“A Streetcar Named Displacement,” 10/19/05). The people for whom San Francisco is building housing are overwhelmingly young, rich, white commuters who work in Silicon Valley. Or they’re older, rich empty nesters who are moving back to the city from the suburbs. They aren’t people who work in San Francisco, and they certainly aren’t representative of the diversity of the city’s population and workforce.

Welch calls it “socially psychotic” planning.

Twenty-five years ago, the city was doing equally psychotic planning for commercial development, allowing the construction of millions of square feet of high-rise office space that was overburdening city services, costing taxpayers a fortune, creating congestion, driving up residential rents, and turning downtown streets into dark corridors. Progressives put a measure on the November 1986 ballot — Proposition M — that turned the high-rise boom on its head: from then on, developers had to prove that their buildings would meet a real need in the city. It also set a strict cap on new development and forced project sponsors to compete in a “beauty contest” — and only the projects that offered something worthwhile to San Francisco could be approved.

That, Salomon argues, is exactly how the city needs to approach housing in 2007.

He’s been circuutf8g a proposal that would set clear priority policies for new housing. It starts with a finding that is entirely consistent with economic reality: “Housing prices [in San Francisco] cannot be lowered by expanding the supply of market-rate housing.”

It continues, “San Francisco values must guide housing policy. The vast majority of housing produced must be affordable to the vast majority of current residents. New housing must be economically compatible with the neighborhood. The most needy — homeless, very low income people, disabled people, people with AIDS, seniors, and families — must be prioritized in housing production. … [and] market-rate housing can be produced only as the required number of affordable units are produced.”

The proposal would limit the height of all new housing to about six stories and would “encourage limited-equity, permanently affordable homeownership opportunities.”

Salomon suggests that San Francisco limit the amount of new market-rate housing to 250,000 square feet a year — probably about 200 to 400 units — and that the developers “must produce aggressive, competitive community benefit packages that must be used by the Planning Commission as a beauty contest, with mandatory approval by the Board of Supervisors.” (You can read his entire proposal at www.sfbg.com/newpropm.doc.)

There are all kinds of details that need to be worked out, but at base this is a brilliant idea; it could be combined with the new financing plans to shift the production of housing away from the very rich and toward a mix that will preserve San Francisco as a city of artists, writers, working-class people, creative thinkers, and refugees from narrow-minded communities all over, people who want to live and work and make friends and make art and raise families and be part of a community that has always been one of a kind, a rare place in the world.

There is still a way to save San Francisco — but we’re running out of time. And we can’t afford to pursue moderate, incremental plans. This city needs a massive new effort to change the way housing is built, rented, and sold — and we have to start now, today.* To see what the Planning Department has in the pipeline, visit www.sfgov.org/site/planning_index.asp?id=58508. To see what is planned for the eastern neighborhoods, check out www.sfgov.org/site/planning_index.asp?id=67762.

A Prop. M for housing

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EDITORIAL Big buildings are all the rage in San Francisco these days, and even the environmentalists often go along.

As many as 23 new complexes of 250 units or more, soaring from five or six stories to more than 1,000 feet, are on the drawing board, working their way through the city planning system, and more are almost certainly on their way. And yet there’s very little of the sort of outcry that we saw in the 1980s, when skyscrapers were turning downtown San Francisco into a wall of glass and steel cut by deep, dark, crowded canyons of streets.

This time around the high-rises aren’t, for the most part, office buildings. They’re condominiums — housing. And if you ask many of the major urban environmental groups, what you’ll hear is that density — more housing packed into existing urban areas — is good. Density fights sprawl. Housing near workplaces encourages walking and biking. Housing along transit corridors encourages people to get out of their cars. Urban density is the future: tightly packed cities full of people who don’t commute in private cars are our only hope to fight sprawl, congestion, and global warming. It’s called the new urbanism, and in San Francisco it goes like this: the only way to handle the influx of jobs and population growth is to build another 60,000 or so housing units, on every bit of available land.

But there’s a fundamental flaw in that argument.

Leave aside for the moment the fact that San Francisco is already the second-densest city in the United States. Leave aside the fact that density will come back to haunt us unless San Francisco is capable of creating real neighborhoods, with parks and open spaces, schools, new bus lines, police stations, and all of the other public goods that provide safety and quality of life — and that there’s nothing in any current planning document that shows how the massive, massive price tag for that sort of infrastructure will ever be paid. In a state where property taxes are strictly limited and civic infrastructure is already way overwhelmed and drastically underfunded, it would take extraordinary development fees on every new housing unit just to catch up, much less move ahead.

But let’s just suppose we could eliminate that problem. Would this sort of density be a good thing? No — not if the housing that gets built is mostly sold at prices set by the open market.

The density argument has to go beyond environmental theory and planning policy — because the issue in San Francisco isn’t how tall the buildings are or whether they’re along transit corridors. It’s about who gets to live there. And programs that offer some so-called inclusionary units, which mandate that 15 percent of the new housing be a little cheaper than the rest, aren’t going to cut it.

The facts are clear: the new housing that’s been built in San Francisco over the past 10 years — the downtown-centered, environmentally sound, dense housing — hasn’t helped eliminate commutes or fight global warming. The exact opposite has been happening: the people moving into these expensive, mostly small (and therefore non-family-friendly) units are world travelers who want a perch in San Francisco, retired empty nesters who aren’t going to work anyway, or reverse commuters who work in the tech industry in Silicon Valley. In many cases these new condos are creating more car trips: people who work out of town are buying them — and people who work in San Francisco are so badly priced out of the market that they’re moving farther and farther away.

We showed this two years ago when we went door-to-door in the new buildings to see who lived there and where they worked. Marc Salomon, a green policy wonk, has done a persuasive study using voter registration data that comes to a similar conclusion (see "Our Three-Point Plan to Save San Francisco," page 16). People who work in this city have to leave town to find housing they can afford; a lot of people who are moving into new housing here don’t work in town. It’s environmental psychosis.

There’s only one way to change that — the environmentalists and the housing activists and the progressive policy makers have to acknowledge an incontrovertible fact: sound environmental policy in an urban setting like San Francisco has to start with sound social and economic policy, and in San Francisco that means abandoning developer-driven housing and starting over. It means testing all new projects not on the basis of how close they are to jobs or bus lines or how many cars they will allow underneath or what their density is, but on the basis of how much the housing will cost and who will be able to rent or buy it.

And by those standards, none of the new high-rise buildings in the planning pipeline is even close to a good idea.

In this week’s cover story we describe an alternative approach to housing policy. It’s a three-part program, and the first two elements — preserving existing rental housing and finding a new funding mechanism for affordable-housing construction — are either already on the progressive agenda or rapidly moving forward. The third element is something new — but it deserves serious discussion.

It’s the idea, first put forward by Salomon, of adopting a comprehensive, citywide housing policy that would resemble the 1986 ballot measure known as Proposition M. Prop. M was designed to limit the impact of runaway commercial office development, and it set specific priority policies for all new projects, including the preservation of neighborhood character. It also strictly limited the amount of new office space that could be built in any one year and mandated that developers compete for the right to build. The projects that best suited the city’s needs (not the developers’ needs) would get the go-ahead; the others wouldn’t make the cut.

Imagine how that would work for housing. Say the voters passed a measure that limited new for-profit, market-rate housing to 500 units per year. The developers who wanted to win that lottery would have to come to the table with good offers — plenty of affordable set-asides, green buildings, structures that weren’t out of synch with the area, money for parks, schools, and other neighborhood services…. What could possibly be wrong with that?

San Francisco needs a cap on new housing for the rich and a mandate that all housing meet community needs. A well-crafted Prop. M–<\d>style ballot measure might energize the neighborhoods, force elected officials to talk seriously about housing … and save San Francisco. That ought to be on everyone’s agenda.*

Meet the candidates: Josh Wolf

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The Bay Guardian is interviewing the candidates for the 2007 elections. We’ll be updating this entry as more information comes in. Post your thoughts or comments below.

Mayoral candidate: Josh Wolf

wolfmeet.jpg

http://joshwolf.net/JoshWolf4Mayor

“Let’s make the police a part of the community, not an occupying force.”

Josh Wolf interview (play time – 48:15)


Josh Wolf news on SFBG.com

Visit the Guardian 2007 Election Center for updates, more interviews, and 2007 election news.

The tragic tale of Tamesha Tobie

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› gwschulz@sfbg.com

At first, police believed it was a terrible, self-inflicted mishap.

It happened April 15, just after the funeral held for a San Francisco man who’d succumbed to diabetes. Mourners were gathered in the Western Addition home of Tamesha Tobie’s grandmother, Edna Tobie. Tamesha, a 14-year-old first-year high schooler in town from Stockton for the funeral, was hanging out with two teenage boys, her cousins, in a bedroom — a room where, it turns out, another family member had stashed a powerful .357 Magnum revolver. Suddenly, the house filled with the sound of the gun’s pop.

Tobie’s aunt was cooking in the kitchen. She rushed to find out what was going on. The two boys met her in the hallway and told her there was a gun; she found Tobie on the bed, not moving. Nearby lay the pistol, with five live rounds and a shell still visible in the cylinder under the hammer.

The family dialed 911, and soon the area was packed with uniforms. Paramedics arrived with the police, as did a media flack who expected reporters, a crisis response team from the health department, the local medical examiner, and Sup. Ross Mirkarimi, whose district includes Edna Tobie’s Oak Street home.

"These are vivid experiences you don’t lose," Mirkarimi said. "The gut-wrenching part is that it was a young girl."

Fox, CBS, the Associated Press, and the San Francisco Chronicle all reported what the cops told them: Tamesha Tobie had accidentally shot herself with the gun.

But it turns out that wasn’t true. In fact, according to an autopsy completed by the medical examiner June 1, Tobie didn’t pull the trigger.

Her death has become another in a long list of unsolved homicides in San Francisco — and another sign that gun violence, both accidental and intentional, is raging out of control.

THE COPS DON’T KNOW


Months after the killing, the San Francisco Police Department didn’t seem aware that Tobie’s death was anything but an accident.

When we contacted the SFPD’s press office early in September, the staffers weren’t aware that her death had been ruled a homicide, nor was Lt. John Murphy, head of the homicide unit. Department spokesperson Sgt. Neville Gittens even requested that the Guardian fax him a copy of the report.

Now the SFPD acknowledges that Tobie was a homicide victim. "We believe it was done at the hands of someone else," Gittens said a week after receiving the report.

A homicide inspector assigned to the case said he learned of the medical examiner’s final report two weeks ago but explained that he’d already regarded Tobie’s death as suspicious.

Inspector Mike Johnson said he thinks one of the two cousins in the room with Tobie fired the weapon. Police have also concluded that the gun was used in an unrelated San Francisco homicide a few months prior by another young family member before being hidden in the home of Tobie’s grandmother.

Nobody has been arrested in that case either. Despite the fact that this gun has now been used to kill at least two people, Johnson conceded that not enough evidence exists to make an arrest in the first murder, even though a suspect has been identified — an exasperating fact for a city already near last year’s total of 85 murders.

If nothing else, the gun’s owner could possibly be guilty of negligence or child endangerment — but no charges are pending.

"The capacity of government not to do something about this at the pace that it is rocketing is what is absolutely alarming," said Mirkarimi, who’s pushed the Mayor’s Office of Criminal Justice to provide better data on violent crime in the city, "because it’s not going to abate itself…. The way that the number is traveling out of the reach of the Police Department and the district attorney — I think we’re going to need to send red flares up, SOS."

DEADLY HORSEPLAY


The Tamesha Tobie case is tricky; there were only three people in the room, and one is dead. The boy who police believe accidentally ended Tobie’s life won’t confess, Johnson said. Some relatives dispute the police’s view that one of the boys mistakenly fired the weapon and instead believe the story the pair have stuck to so far — that the gun fired on its own from the bed as they horsed around, the bullet smashing through the right rear of Tobie’s jaw.

"Obviously the one boy who did it doesn’t want to say anything to us," Johnson said. "And the other boy is somewhat traumatized, and his parents are worried about any possible criminal charges against him for associating with the first boy. So right now we’re trying to corroborate the stories and what happened through other people who were in the house…. It’s kind of a sensitive thing at this point."

But either way, Tamisha Tobie is the ultimate victim of gun violence, and while her death likely wasn’t intentional, it’s joined the city’s steadily climbing homicide rate nonetheless.

Attempts to reach Tobie’s family for comment were unsuccessful.

Statewide in 2004, 10 kids were killed after being accidentally shot either by themselves or by someone else, according to figures maintained by the federal Centers for Disease Control and Prevention. More recent figures won’t be available until later this year. But according to media accounts and calls to local police jurisdictions, over the past 12 months, three children died similarly just in the Bay Area.

In June a five-year-old boy in Oakland shot himself while playing with a relative’s gun, and a 28-year-old man was arrested for child endangerment — in notably less time than it took San Francisco to complete Tobie’s autopsy.

Just days after Tobie was killed, an 18-year-old girl accidentally shot a younger male teen in the city of Richmond with a revolver he’d found in the home where his death occurred. Last November a 16-year-old boy in Contra Costa County was killed after a friend accidentally shot him in the chest while playing with a .22-caliber revolver. Several other accidents occurred during 2006 in San Francisco and the East Bay, including one involving an Alameda toddler who that spring mistakenly shot his 20-year-old cousin with a .38 that belonged to a family friend.

The gun lobby complains that news stories depicting such deaths overstate the problem of accidents among kids and foster hysteria.

But Shawn Richard of the local nonprofit Brothers Against Guns has a response. The volume of deaths, he argues, isn’t the story.

"It could be a low number. It could be a high number," Richard said. "Regardless, it’s still ridiculous to deal with lives that are being taken by a gun."

Richard founded Brothers Against Guns after two of his siblings were shot to death in San Francisco during the 1990s. He joined the Mayor’s Office, District Attorney Kamala Harris, and the Legal Community Against Violence in drafting a batch of local antigun ordinances that passed the Board of Supervisors last month. One requires local firearms dealers to send inventories of their weapons to the police chief every six months, and another requires all handgun owners to disable their weapons with trigger locks.

Richard is also working with Assemblymember Mark Leno (D-San Francisco) to ban gun shows at the Cow Palace, which is located on state property near the Sunnydale housing project, where violent crimes are a frequent occurrence.

But would all of the antigun news releases in the world have saved Tobie? Homicide inspector Johnson wonders aloud whether they would.

"If the gun’s used in a homicide," Johnson said, "and it’s hidden in the house by children, who’s going to put a gun lock on it?"