Politics

Tonight: The Human Be-In 2007

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The original Human Be-In on Jan. 14, l967, was not just a giant hippy party. It had an important political purpose and political consequences and helped mobilize the youth movement against the war in Vietnam

By Bruce B. Brugmann

As a participant in Friday night’s Human Be-In, the pre-40th Anniversary “Summer of Love” event on Sept. 2,
I plan to provide a bit of revolutionary poetry/journalism (my phrase) from my old friend and journalism colleague, the late Allen Cohen. Allen was the editor of the Oracle during the Summer of Love in l967 and a major organizer of the Human Be-in in Golden Gate Park.

He also published and pioneered what I considered the most colorful newspaper in the world at that time.
And how he did it was a San Francisco classic. The Oracle was printed by the Howard Quinn Co., at 298 Alabama Street, along with the San Francisco Bay Guardian, the Black Panther paper, the Berkeley Barb, and a host of underground papers and alternative papers of the era.

One night the Oracle staff came in with their flats and asked the pressmen, a rough and tumble crew, if they could get some special color in the paper. The hippies, some in bare feet, wanted this and they wanted that and they were rapidly driving the pressmen crazy. Finally, the pressmen just waved them to the press and said in effect, go ahead, do it your way. So the Oracle hippies went to work and put all kinds of colored dyes in all of the ink wells on the press, with no consideration for what color went where. The result was a rainbow of colors, all kinds, splashed across the front page and every page in the paper. The Oracle was an immediate sensation, on the streets and amongst mainstream newspaper people still tied to the old-fashioned letterpress printing.

Allen was creating a revolution in newspaper printing at the same time he was promoting a cultural and anti-Vietnam war revolution with the politics of the Be-in.
His wife, Ann Cohen, wrote me that “the media this year has left out how the Be-In came to happen and it feels as if it will go down in history as just a big party.” So she sent me a piece he did at the time on the politics of the Be-In and a letter, dated Jan. 1, 1967, asking Art Kunkin, editor of the LA Free Press, to publish an announcement
of the Be-In and “help the echoes of this event reverberate throughout the world.”

Allen crystalized a key issue of the time: that there was a “philosophical split that was developing in the youth movement. The anti-war and free speech movement in Berkeley thought the hippies were too disengaged and spaced out. Their influence might draw the young away from resistance to the war. The hippies thought the anti-war movement was doomed to endless confrontations with the establishment which would recoil with violence and fascism.”

The idea was to have a Be-In, a “powwow,” to bring the two poles together and to strengthen the youth movement and bring on the “revolution.”

Click on the continue reading link below to see how Allen described it all:

High-speed rail’s split decision

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The California High Speed Rail Authority will hold a hearing in San Francisco City Hall tomorrow (Thursday/23) at 4 p.m. to take public input on the study of two possible Bay Area alignments for the high-speed rail line, the first of six such meetings in Northern California. At issue is whether the line coming from the Central Valley should go over Pacheco Pass or Altamount Pass, and both options have large and vocal constituencies, so it should be a tough call. You can do your homework here before weighing in.
The CHSRA ended up getting about $20 million in the just-approved state budget, although it’s possible that Gov. Arnold Schwarzenegger (who, as we’ve reported, has been the project’s biggest obstacle) could still line-item veto the expenditure. But the $10 billion high speed rail bond measure is still on the November ’08 ballot, the politics of which make the Bay Area alignment decision a crucial one for the CHSRA. So come weigh in on a project that is crucial to addressing global warming, air quality, and freeway and airport congestion and expansion over the coming decades.

Fall Arts: I screen, you screen

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› johnny@sfbg.com

"Switching Schools Sucks" Jesse Hawthorne Ficks serves up a triple dose of teen alienation: Pump Up the Volume, Footloose, and the Andrew Stevens–starring, Heathers-influenced Massacre at Central High.

Aug. 31. Castro Theatre (info below)

"Rebels with a Cause: The Cinema of East Germany" Perhaps the most expansive retrospective of East German film in the United States, spanning from the early 1960s to 1990.

Sept. 1–Oct. 27. San Francisco Museum of Modern Art, 151 Third St., SF. (415) 357-4000, www.sfmoma.org

"Look Back at England: The British New Wave" Does kitchen-sink cinema deserve classic status? It would be great to witness Manny Farber (who wrote scathingly about Rita Tushingham and Tony Richardson) duke it out with Morrissey on the subject.

Sept. 2–Oct. 26. Pacific Film Archive (info below)

"Devotional Cinema: Films by Dorsky and Ozu" Nathaniel Dorsky shows two of his films and also talks about Late Spring, one of the Yasujiro Ozu films discussed in his insightful book that shares this program’s title.

Sept. 4. Pacific Film Archive

"Send Granny Back to Russia" The 1929 film My Grandmother is screened with Beth Custer’s score to raise funds for an upcoming trip on which Custer’s ensemble will perform the score in Russia and elsewhere.

Sept. 4. Jewish Community Center, 1414 Walnut, Berk. Also Sept. 5. Dolby Laboratories, 100 Potrero, SF. www.bethcuster.com

William Friedkin Series Someone I know who knows all the great actresses calls Ashley Judd’s performance in Bug a "tour de force." That film and others set the stage for more Friedkin freak-outs.

Sept. 4–6. Castro Theatre

"Helmut Käutner: Film Retrospective Part 2" The series continues with the post–World War II period of Käutner’s career, including a 1947 feature shot in Germany’s ruins and a 1954 film featuring a young Klaus Kinski (yes, he was young once).

Sept. 4–Oct. 9. Goethe-Institut, 530 Bush, SF. (415) 263-8760, www.goethe-sf.org

"Fearless Females: Three Films by Shyam Benegal" The director appears at screenings that highlight the feminist currents of his contributions to the Indian new wave of the ’70s.

Sept. 5–7. Pacific Film Archive

Morrissey Foretelling the Death of Diana Lars Laumann’s 16-minute video screens in a loop as part of the "There Is Always a Machine Between Us" exhibition.

Sept. 6–22. SF Camerawork, 657 Mission, second floor, SF. (415) 512-2020, www.sfcamerawork.org

The Darwin Awards A new comedy by Finn Taylor focuses on death by stupidity.

Sept. 7. Roxie Film Center (info below)

"TILT" The Film Arts Foundation presents an evening of films from its media-education program, which works with schools.

Sept. 7. Yerba Buena Center for the Arts (info below)

Cruising The digital restoration of William Friedkin’s most controversial film finally hits the Castro Theatre, years after being revived from infamy at the Roxie Film Center.

Sept. 7–13. Castro Theatre

Imp of Satan Local queer horror midnight movie screens along with a live comedy drag show.

Sept. 8. Red Vic Movie House, 1727 Haight, SF. (415) 668-3994, www.synchromiumfims.com

"Tomu Uchida: Japanese Genre Master" An extensive series devoted to the undersung Japanese director, whose movies spanned five decades and even more genres, including comedies, samurai films, theatrical adaptations, and police flicks.

Sept. 8–29. Pacific Film Archive

9/11 Truth Film Festival Two days of films and discussions.

Sept. 10–11. Grand Lake Theater, 3200 Grand, Oakl. (510) 452-3556, www.renaissancerialto.com

Madcat Women’s International Film Festival Turning 11 this year, Ariella Ben-Dov’s festival includes a tribute to the life and work of Helen Hill and culls 98 films — 76 of them premieres — into 11 programs.

Sept. 11–26. Various venues, SF. (415) 436-9523, www.madcatfilmfestival.org

Super Sleazy ’70s Go-go Grindhouse Show Will "the Thrill" Viharo brings together Pam Grier in Black Mama, White Mama and live dancing by the Twilight Vixen Revue.

Sept. 13. Parkway Speakeasy Theater, 1834 Park, Oakl. (510) 814-2400, www.thrillville.net

Honor of the Knights Along with recent works by José Luis Guerín, this idiosyncratic take on Don Quixote by Albert Serra is being heralded as a new highlight of Spanish cinema.

Sept. 13–16. Yerba Buena Center for the Arts

"Role Reversal" Midnites for Maniacs strikes again, with The Incredible Shrinking Woman, Yentl, and a film that can never be screened enough, The Legend of Billie Jean.

Sept. 14. Castro Theatre

The Warriors Walter Hill’s gang classic comes out to play.

Sept. 14–15. Red Vic Movie House, 1727 Haight, SF. (415) 668-3994, www.redvicmoviehouse.com

Film Night in the Park: Rebel Without a Cause Sal Mineo makes eyes at James Dean, and Natalie Wood weeps about her dad rubbing off her lips.

Sept. 15. Union Square, SF. (415) 453-4333, www.filmnight.org

Xperimental Eros PornOrchestra accompanies stag movies in a celebration for OCD’s latest DVD release.

Sept. 15. Other Cinema (info below)

Eros and Massacre Film on Film Foundation presents Yoshishige Yoshida’s 1970 film about anarchist Sakae Osugi.

Sept. 16. Pacific Film Archive

"It’s a Funny, Mad, Sad World: The Movies of George Kuchar" The man appears in person for a screening of five Kuchar classics spanning 15 years, selected by Edith Kramer.

Sept. 18. Pacific Film Archive

Orphans of Delirium What is paratheatre? Antero Alli and a 2004 video provide the answer.

Sept. 18. Artists’ Television Access, 992 Valencia, SF. (415) 824-3890, www.atasite.org

Midnites for Maniacs in 70mm All hail Jesse Hawthorne Ficks for bringing Tobe Hooper’s bodacious nude space vampire classic Lifeforce — one of Kiyoshi Kurosawa’s favorite movies — back to the big screen. Even Planet of Blood‘s Florence Marly may have nothing on Mathilda May.

Sept. 21. Castro Theatre

Strange Culture The story of Steve Kurtz is discussed and reenacted in San Francisco filmmaker Lynn Hershman Leeson’s latest feature.

Sept. 21. Roxie Film Center

"Girls Will Be Boys" This series, curated by Kathy Geritz, includes Greta Garbo and Marlene Dietrich trouser classics, as well as Katherine Hepburn under the eye of Dorothy Arzner in Sylvia Scarlett.

Sept. 21–30. Pacific Film Archive

Amando a Maradona Soccer icon Diego Maradona gets the feature treatment.

Sept. 26. La Peña Cultural Center, 3105 Shattuck, Berk. (510)849-2568. www.utf8ofilmfestival.org

In Search of Mozart Phil Grabsky’s digiportrait of the composer works to counter the distortions of Amadeus and the elitism that sometimes hovers around Wolfgang Amadeus Mozart’s legacy.

Sept. 28–30. Yerba Buena Center for the Arts

"Legendary Composer: Jerry Goldsmith" The salt and pepper to John Williams’s Hollywood sucrose gets a cinematic tribute, with screenings of classics such as Seconds, Poltergeist, and the film with perhaps his best scoring work, Chinatown.

Sept. 28–Oct. 4. Castro Theatre

DocFest It turns five this year, offering more than 20 films and videos, including the Nick Drake profile A Skin Too Few.

Sept. 28–Oct. 10. Roxie Film Center

Film Night in the Fog The increasingly popular Creature from the Black Lagoon makes an appearance, this time at the Presidio.

Sept. 29. Main Post Theatre, 99 Moraga, SF. (415) 561-5500, www.sffs.org

"Red State Cinema" Joel Shepard curates a series devoted to rural visionaries, including Phil Chambliss and his folk-art videos set at a gravel pit and Spencer Williams and his 1941 Southern Baptist feature The Blood of Jesus.

October. Yerba Buena Center for the Arts

"Olivier Assayas in Residence: Cahiers du Cinema Week" The Pacific Film Archive has screened early Assayas movies that didn’t get distribution, such as the Virginie Ledoyen showcase Cold Water. Now the director visits to show Rainer Werner Fassbinder’s Beware of a Holy Whore (think of Assayas’s Irma Vep, also screening) and David Cronenberg’s Videodrome (think of his Demonlover), along with Assayas’s latest movie, Boarding Gate.

Oct. 4–11, Pacific Film Archive

Mill Valley Film Festival The biggest Bay Area film fest of the fall turns 30 this year, presenting more than 200 movies from more than 50 countries.

Oct. 4–14. Various venues. (415) 383-5256, www.mvff.org

Helvetica The typeface gets its very own movie.

Oct. 5–7. Yerba Buena Center for the Arts

"Shock It to Me: Classic Horror Film Festival" Joe Dante will appear at this fest, which promises a dozen pre-Halloween shockers.

Oct. 5–7, Castro Theatre

"Zombie-rama" Thrillville unleashes Creature with the Atom Brain and Zombies of Mora Tau.

Oct. 11. Parkway Speakeasy Theater, 1834 Park, Oakl. (510) 814-2400. www.thrillville.net

"Joseph Cornell: Films" Without a doubt, this multiprogram series — in conjunction with the San Francisco Museum of Modern Art’s Cornell exhibition — is one of the most important Bay Area film events of the year.

Oct. 12–Dec. 14. San Francisco Museum of Modern Art’s Wattis Theater, 151 Third St, SF. (415) 357-4000. www.sfmoma.org

"Expanded Cinema" Craig Baldwin, Kerry Laitala, Katherin McInnis, Stephen Parr, and Melinda Stone blast retinas with double-projector performance pieces.

Oct. 13. Other Cinema

"Celebrating Canyon: New Films" Under the SF Cimematheque rubric, Canyon Cinema’s Michelle Silva and Dominic Angerame put together a program of recent additions to the Canyon catalogue.

Oct. 14. Yerba Buena Center for the Arts

"Films by Bruce Conner" The long-awaited new Soul Stirrers short His Eye Is on the Sparrow kicks off an hour of Conner magic.

Oct. 16. Pacific Film Archive

Arab Film Festival The festival’s 11th year will bring 11 days and nights of movies, including a Tunisian doc about the making of Tarzan of the Arabs.

Oct. 18–28. Various venues, SF. (415) 564-1100, www.aff.org

"I Am Not a War Photographer" Brooklyn-based Lynn Sachs presents a night of short movies and spoken word.

Oct. 20. Other Cinema

"Experiments in High Definition" Voom HD works, including one by Jennifer Reeves, get an SF Cinematheque program.

Oct. 21. SF Art Institute, 800 Chestnut, SF. (415) 552-1990, www.sfcinematheque.org

"Walls of Sound: Projector Performances by Bruce McClure" Brooklyn artist McClure explores projection as performance in this kickoff event in SF Cinematheque’s "Live Cinema" series.

Oct. 24–25. Exploratorium, 3601 Lyon, SF. (415) 552-1990, www.sfcinematheque.org

Smalltown Boys Arthur Russell documentarian Matt Wolf’s semifictive historical look at David Wojnarowicz loops as part of the "There Is Always a Machine Between Us" series.

Oct. 30–Nov. 17. SF Camerawork, 657 Mission, second floor, SF. (415) 512-2020, www.sfcamerawork.org

The Last Man on Earth Vincent Price fights zombies in this oft-pillaged 1964 US-Italian horror classic, soon to be re-created with Will Smith.

Oct. 31. Pacific Film Archive

"Día de los Muertos: Honorar las Almas de Cineastas de Avant-Garde Vanguarda" Canyon Cinema and SF Cinematheque founder Bruce Baillie shares some favorites from the Canyon vaults.

Nov. 1. Roxie Film Center. Also Nov. 2. Ninth Street Independent Film Center, 145 Ninth St., SF. (415) 552-1990, www.sfcinematheque.org

International Latino Film Festival One of three fests to turn 11 this fall.

Nov. 2–18. Various venues, SF. (415) 513-5308, www.utf8ofilmfestival.org.

"Science Is Fiction" Nope, not Jean Painléve — the histories of the Tesla coil, the blimp, and other phenomena hit the screen, thanks to cinematographer Lance Acord and others.

Nov. 3. Other Cinema

Shatfest Get your mind out of the toilet — it’s another Thrillville tribute to William Shatner, including a screening of Incubus.

Nov. 8. Parkway Speakeasy Theater, 1834 Park, Oakl. (510) 814-2400, www.thrillville.net

Strain Andromeda The and Cinepolis, the Film Capitol Anne McGuire’s reedit of The Andromeda Strain isn’t exactly backward, but — thanks to Ed Halter’s "Crazy Rays: Science Fiction and the Avant-Garde" series for SF Cinematheque — it is back. The series continues to beam as Ximena Cuevas’s metamontage attack on Hollywood shares a bill with Craig Baldwin’s Tribulation 99.

Nov. 8. Roxie Film Center

San Francisco International Animation Showcase A big premiere, some music vids, and a link to the famed Annecy animation fest are possibilities as the SF Film Society event turns two.

Nov. 8–11. Embarcadero Center Cinema, One Embarcadero Center (promenade), SF. (415) 561-5500. www.sffs.org

"Celebrating Canyon: Pioneers of Bay Area Filmmaking" Bruce Baillie unpacks some Bay Area experimental cinema treasures from the ’40s and ’50s.

Nov. 11. Yerba Buena Center for the Arts

My Favorite Things At last! Negativland premiere their first CD-DVD release.

Dec. 1. Other Cinema

"James Fotopoulos/Leah Gilliam" and "Victor Faccinto/James June Schneider" Fotopoulos has had some Bay Area attention before, but Gilliam’s Apeshit — a look at racial politics in Planet of the Apes — might be the highlight in this last evening of Ed Halter’s "Crazy Rays" series.

Dec. 13. Roxie Film Center *

CASTRO THEATRE

429 Castro, SF

(415) 621-6120

www.castrotheatre.com

OTHER CINEMA

992 Valencia, SF

(415) 824-3890

www.othercinema.com

PACIFIC FILM ARCHIVE

2575 Bancroft Way, Berk.

(510) 642-5249

www.bampfa.berkeley.edu

ROXIE FILM CENTER

3317 16th St., SF

(415) 863-1087

www.roxie.com

YERBA BUENA CENTER FOR THE ARTS

701 Mission, screening room, SF

(415) 978-2787

www.ybca.org

Where are all the payphones?

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› news@sfbg.com

Click here to read more about payphone deregulation

When the big earthquake, terrorist attack, or other civic disaster finally hits San Francisco, a lot of people are going to be in for a major shock: their high-tech cell phones and computer-based office telephone systems might not work.

But after the 1989 Loma Prieta quake and after the Sept. 11, 2001, terrorist attacks in New York City, residents found there was still a way to reach their loved ones and let the world know they were OK; they used an old-fashioned communications tool that’s low tech, securely grounded, publicly accessible, and reliable.

It’s called a pay phone.

Next time there’s a disaster, we may not be so lucky: pay phones, fixtures of the public landscape for more than a century, have been quietly disappearing. And many of those that remain don’t work. These essential communication tools — good for emergencies, privacy, and the poor — are falling victim to deregulation laws, the greed of telecommunications companies, and the public’s obsession with high technology.

In San Francisco they’ve departed in droves from sidewalk carrels; corner stores; bus shelters; subway platforms; office, museum, and movie theater lobbies; supermarkets; shopping malls; city swimming pools and YMCAs; diners; parks; and gas stations. They’ve been disappearing at a rate of about 10 percent annually for the past four years, down from roughly 400,000 at the height of the dot-com boom to 150,000 today, trade group attorney Martin Mattes told state regulators last year. The decline in San Francisco mirrors those in California and the nation.

And while pay phones may seem like quaint relics of another era, they remain an important part of the nation’s communications system, serving millions of people who for one reason or another don’t have or can’t use cell phones. And consumer advocates say the loss of the pay phone system is a serious problem.

Although cell phones are pretty ubiquitous, not everyone can afford one — and not everyone can use one. For socially marginalized people, pay phones are still a lifeline. For people who can’t use wireless technology — and can’t afford a home phone line — they’re essential.

Why are pay phones vanishing? The ready answer — cell phones — identifies the technology that’s replacing them and cutting into their profits. But it doesn’t completely explain why a society that once valued pay phones — and may ultimately remember that it still does — has let them disappear. That story has more to do with the politics of deregulation and the profits of telecom companies.

THE POWER OF OLD TECH


In the 2004 climate-change disaster film The Day after Tomorrow, Dennis Quaid plays a climatologist who anticipates dire consequences from a sudden oceanic temperature drop, which is triggered by global warming and leaves New York City frozen solid. From the beaux arts NYC Public Library where he’s taken shelter, the Quaid character’s son (played by Jake Gyllenhaal) needs to call Dad in Washington, D.C., but the cells don’t work. So he finds a half-submerged mezzanine pay phone with a dial tone ("It’s connected to the telephone lines," he notes brightly), drops in a couple of coins, and bingo — he gets Dad’s insider travel advisory.

Such a scenario — at least the pay phone part — isn’t science fiction. In fact, it has played out like that in NYC a few times and also did so in New Orleans after Hurricane Katrina hit in 2005. When the Twin Towers went down Sept. 11, cell phone masts went down with them. Lines were endless as outgoing calls from lower Manhattan funneled through two nearby landline pay phones, as reported on NBC’s Today. Ditto in the summer heat wave of 1999, when New York air conditioners on overdrive toppled wireless transmitters like dominoes, silencing cell phones from NYC to the Great Lakes. Landline telephones — including pay phones — continued to ring. And when the waters rose in New Orleans, residents flocked to pay phones made available for free use to contact loved ones and let the world know they were stranded.

Landline pay phones — like wired home and office phones — are simply more durable and reliable. "I love my cell phone," said Natalie Billingsley, who heads the California Public Utilities Commission’s Division of Ratepayer Advocates. "But I wouldn’t give up my landline. There’s not enough [wireless] network redundancy."

When the Loma Prieta earthquake hit the Bay Area in 1989, electricity and cell phone service were out for hours, but, Billingsley said, "landline phones were back up in 10 minutes."

Regina Costa of San Francisco’s the Utility Reform Network recalled that when the quake trashed Pacific Street in Santa Cruz, the public switch connecting local phones to the larger network worked despite a local power outage.

The reason, Costa says, is that the traditional wired phone network has a robust, independent electrical backup. Not so wireless transmitters and cable fiber-optic systems, both powered by the public grid.

"Wire lines are a really big public safety feature," Billingsley told us. Backup generators at switching points, where regional and long-distance lines converge, create "all kinds of redundancies" for rerouting calls if parts of the network go down.

That’s not just a technological issue. The new tech networks lack robustness and redundancy, Billingsley said, in part because such standards are no longer mandated. Before telecommunications were deregulated, companies were required to pay for reliability. Now reliability is no longer a public service. Under deregulation, reliability is more spotty. Last year state legislators addressed the need for adequate backup power-pack standards for Internet phones — but in the end, consumers will need to buy the backup systems.

In Japan, where the old but vital wired pay phone network has been reduced by more than half (from 910,000 to 390,000) since the public phone company was privatized in 1985, a public safety official recently warned against such shortsightedness. "To remove public telephones amounts to decreasing the means of communication during emergencies," disaster prevention program director Hitoshi Omachi of Yokohama’s Chiiki Bosai Laboratory observed in a May 8 Asahi Weekly article about cell phones overtaking pay phones. "People should think about measures to maintain public phones, including financial assistance from the central or local governments."

Then there are the social issues. Beth Abrams, director of Grupo de la Comida, which feeds 2,000 immigrants and refugees in the Mission each week, said many are dependent on pay phones. "The thing to remember," Abrams told us, "is that a pay phone could mean somebody’s life in an emergency, when time is of the essence." A child suffering an asthma attack or an adult with heart disease or diabetes (the occurrence of which is high in the immigrant community) "often needs immediate response and has difficulty walking far," Abrams said. Many people whom her group serves don’t have cell phones and rely on pay phones when caring for children outside the home or answering job ads.

Howard Levy, attorney and executive director of Legal Assistance to the Elderly, which serves about 1,000 clients a month, told us many seniors in the Tenderloin and in SoMa hotels don’t have home phones or cell phones. Besides the disincentive of cell phone cost, "folks beyond a certain age don’t feel comfortable with the technology," which is not designed for people "whose vision isn’t so great," Levy said.

Jennifer Friedenbach of the Coalition on Homelessness told us that "a lot of folks do have cell phones nowadays, on a prepaid card," but have only intermittent access, and none when the card runs out. "Poor people in general — people who have extremely low incomes — even if they have a phone at home, [it] can be shut off at times," she said. "Pay phones are really important for emergency situations for folks living outside," or when homeless people are first on the scene, to report an emergency.

In an impromptu survey of eight clients at the Independent Living Resource Center, a San Francisco disability-rights advocacy and support group, services coordinator Diane Rovai found three who had been seriously inconvenienced by lack of pay phone access. One needed a ride home from the airport and was stranded after an entire bank of pay phones was removed; another "missed a really important meeting" after getting wrong directions (the phone she finally found "was dirty and not in good repair"); and the third, who has no cell phone, has problems when she goes out to meet people.

"There are still people who depend on pay phones," particularly in rural communities, Anna Montes said. She belongs to San Francisco’s Latino Issues Forum and is a member of the PUC advisory committee on Universal Lifeline Telephone Service, which subsidizes phone service for low-income households.

Four percent of state households don’t have basic phone service, she said, and many of those are poor and Latino and rely on pay phones.

"Pay phones should be supported because there are individuals who can’t afford [cell phones] and places where wireless doesn’t work," said Bill Nussbaum, a telecommunications lawyer at TURN. "Public policy is a reason to wrap [pay phones] into the goal of universal service, the concept of maximum penetration with reliable and affordable phone service for all."

THE END OF PUBLIC SERVICE


One reason the government has allowed pay phones to disappear is that most people don’t think about them. Cell phones often seem like all one needs to stay in touch, at least to those who own them.

"There’s an unfortunate assumption that everyone has a cell phone. It’s not true," said Harold Feld, senior vice president of the Media Access Project, a Washington, D.C., nonprofit public interest media and telecommunications law firm.

Regulators used to feel it was important for people to have access to public phones, but "they don’t think it’s important anymore," he told us.

Feld pointed out that pay phones used to be owned by AT&T, which created and maintained the pay phone network as part of a widely accessible phone system. Government-guaranteed profit on the company’s investment essentially subsidized even those pay phones that weren’t profitable, an arrangement institutionalized by the 1934 Telecommunications Act. Moreover, as a regulated public utility, the phone company needed permission to get out of the pay phone business.

With the monopoly’s breakup in 1984, competitors could enter the pay phone market, and by 1996 AT&T could get out of it.

"The old Bell monopoly came with a historical sense of public service that did not survive the [company’s] breakup and the new cost-benefit accountants and the MBA bottom-line artists," technology historian Iain Boal, coauthor of Afflicted Powers: Capital and Spectacle in a New Age of War (Verso, 2005) told us. "Under neoliberal economic doctrine, all public goods are suspect."

Boal noted, "The new telecom companies had little or zero interest in the public phones they inherited. In fact, quite the reverse. It was in their interest to close or leave trashed any boxes that weren’t profitable and in general to force laggards to mobile phones."

It didn’t happen immediately, attorney Mattes, who has represented the California Payphone Association, a trade group, told us.

"Because the pay phone business was still pretty good in the late 1990s, the telephone utilities stayed in the business during those years, competing with the independents," Mattes said. Pay phone rates also rose.

But the economics of the pay phone business started to change around 2000, Mattes said, mostly due to wireless competition, and companies had difficulty collecting for toll-free calls and calls made through other long-distance providers. So telephone utilities started giving up their less-profitable pay phone locations.

"Bell South abandoned the pay phone market entirely about five or six years ago," Mattes said. "AT&T and Verizon have been gradually leaving the market, giving up their less-profitable pay phones at a steady pace."

From January 2005 to June 2007, AT&T reduced its pay phone lines in California by more than half — from 77,467 to 36,870 — according to PUC counts. And in the same period, Verizon went from 28,743 to 16,421 pay phones.

While the pay phone business was "modestly profitable," according to Mattes, it was mainly important to the utilities "as a platform for customers to make highly profitable long-distance calls." But, he said, with competition in long-distance and wireless services, the profits have been squeezed out of long-distance calls. Pay phone use also dropped dramatically, he said, due to wireless competition.

TURN’s Costa suggested that the old AT&T overpaid in its postdivestiture bid to acquire cable and bypass local exchange carriers for direct connections with its former customer base. Later, it abandoned the poor voice-quality network and may have needed to recoup losses.

"The Bells have a separate incentive to pull out copper," the older coaxial wire that connects almost all landline phones, Feld said. "The FCC says they don’t have to share [fiber-optic cable wire with competitors] as they do copper, and copper needs to be maintained. It was laid because regulators made them. It’s more costly to maintain than they can charge."

"Without regulation," Feld noted, "big companies can leave the [pay phone] market, but they can also increase line charges" — monthly fees for phone connection to the local exchange — "and interconnection fees" for long-distance connection, paid by callers and local exchanges to the nonlocal carrier for allowing calls to go through.

The loss of pay phone service is one more result of faith-based deregulation, the belief that the market will provide for everyone’s needs. "The demise of pay phones was utterly predictable," Boal told us. "It’s a disgrace."

And the impact of the disappearance of pay phones ripples beyond service needs.

OUTSOURCED


A sprawling ’70s low-rise cement building at West Portal and Sloat, once hidden by shrubs from view of the adjacent Muni tracks, is now vacant and slated to become the new Waldorf High School. It used to be the Pac Bell operators’ building, housing 35 workers, mostly women with more than 30 years of service, "the forefront of the [union] movement," said Kingsley Chew, president of Communications Workers of America Local 9410 in San Francisco.

Those operators answered 411 information queries and routed 911 emergency calls. Two years after winning a strike by shutting down the phone company, the operators saw their jobs outsourced in 2006 to Dublin and Pleasanton.

The majority of the local’s members are women, Chew said. Their male counterparts, mostly collectors in the coin department, are now gone, accounting for the loss of 25 to 30 union jobs in the past five years. Besides gathering coins from pay phones, the collectors maintained the phones and removed graffiti (which is more prevalent these days).

Pay phones once meant union jobs, and as their numbers have declined, so has the union. Local 9410 membership is down from 3,000 when Chew took office in 2003 to 750 today, with those still around mainly technicians who install and repair phones.

Chew calculated that one job here is financially equivalent to six jobs in India or the Philippines, where 1-800 calls are processed and workers are paid $400 a month. The city and the state lose local business tax revenues when jobs go overseas, he said, and the costs of vanishing pensions as workers are laid off are eventually externalized and borne by local residents when demand for public services rises.

There may be greater demand for pay phones soon: the major phone companies are expected to raise home-phone rates. Basic service rates have generally been averaged geographically, within a major company’s service "footprint," Lehman said, but deaveraging can soon occur, which will drive up the price of basic rural and high-cost urban services.

Meanwhile, two state programs supporting pay phones are being axed.

REGULATIONS DIE


Two pay phone regulatory programs remain on the books, one frozen and one barely operating. The PUC created both programs in 1990 as part of a legal ruling, when new pay phone providers were struggling to gain a foothold in former Pac Bell (now AT&T) and GTE (now Verizon) monopoly territory and consumers were encountering new system abuses.

One program, the Public Policy Payphone Program (PPPP, or Quad-P), was designed to subsidize phones located "in unprofitable locations to serve the health and safety needs of the public," while the other, the Payphone Enforcement Program (now known as Payphone Service Providers Enforcement), was established "to ensure that pay phone consumer safeguards are being followed." Both programs, which were expanded statewide, were funded by a monthly per-line surcharge on the industry, unlike other telecom public policy programs, which are supported by a percentage surcharge on consumers’ monthly phone bills.

But the list of potential state locations for subsidized pay phones was reduced from 67,000 in 1988 to 22,000 in 1989, just before the state programs were initiated, and to 1,975 in 1993. By 1998, when deregulation was complete and pricing went to market rates, Pac Bell had only 300 subsidized business phones out of 140,000, attributing the change to the increased number of independent providers and to multiphone contracts, which enabled revenues and costs to be averaged out.

Applications to designate or install Quad-P phones have to pass through the PSPE advisory committee, which hasn’t aggressively solicited them or approved more than two or three (with just one installed) of the 33 received since 2001, according to the Division of Ratepayer Advocates.

Almost nobody knows that Quad-P exists — or that anyone can file an application if a proposed site meets certain criteria. Currently, there are only 14 Quad-P phones statewide, mainly in parks, down from 40 in March, with 13 supported by AT&T and one by Verizon.

The PSPE was set up "to enforce, through random inspections, consumer safeguards for all public payphones … such as signage requirements, and rate caps for local, long distance and directory assistance calls within California."

Until recently, inspectors made the rounds of for-profit as well as subsidized pay phones, numbering more than 400,000 in the ’90s, on a rotation schedule that took a decade to complete. Between December 2001, when the project came under PSPE administration (it was formerly run by the industry), and June 2007, civil-service inspectors logged 133,893 violations on 39,444 phones, a rate that has slowed with staff downsizing. The DRA estimates its activities reduced the average rate of violations significantly. The inspection staff was cut in half last fall, to three, and other program staffers were transferred to other divisions to cut expenses.

The number of pay phones to monitor has declined, but with reduced inspections, violations have begun to rise. Numbering too few to be proactive, inspectors now respond only to consumer complaints registered on the PUC’s consumer fraud hotline. This number, not posted on pay phones, is 1-800-649-7570; it accepts calls between 9 a.m. and 3 p.m. Monday through Friday. There’s no after-hours message machine, but if you’ve got a computer and are still primed when you get home, you can log on to the PUC Web site, at www.cpuc.ca.gov, to report a complaint. Patterns of systemic abuse — and dead phones — are less likely to be detected from reactive, hotline-triggered complaints.

Last summer the industry’s PSPE advisory committee formally requested that both programs and the committee itself be eliminated and program surcharges ended, citing reduced activity and need. "All that Quad-P has done is subsidize its own costs," said Mattes, the attorney for the California Payphone Association. "It deserves a quiet burial."

The DRA argues that the reduction of these state programs is premature: even if dramatic market changes have made pay phones a distant second choice over wireless for many, the old technology is still important.

For one thing, predictions of the death of pay phones may be exaggerated. "It is likely that some core base of payphones will continue to be used regularly and earn a profit," the division observed in a July 2006 report, responding to gloomy industry forecasts.

For another, the actual basis for the pay phone network’s decline is far from clear. The division noted "a distinct lack of quantitative analysis regarding both the reduction … and demographic information about the location and need for payphones" in its program review comments, part of the PUC’s formal rule-making process (to be concluded in coming months, following administrative law judge Maribeth Bushey’s findings).

Acknowledging that "concerns about migration to wireless phone plans and cost recovery issues (including interconnection costs, phone card fraud, and 911 services)" need to be addressed, the division restated the universal service goals of both the ’96 act and the original 1934 Telecom Act, quoting a commission ruling from a decade ago, now more urgent: "Parties have not substantiated that telephone service will continue to be available at unprofitable locations to satisfy public health, safety, and welfare needs. Nor have they convinced us that the marketplace will replace the existing public policy payphones or fulfill the public policy objective in public health, safety, and welfare."

The DRA recommends a two-pronged strategy for stabilizing the for-profit market and assessing the need for subsidized pay phones — one that could potentially restore proactive inspections.

Instead of eliminating Quad-P oversight, it said, "the task, rather, is to address these problems by reforming and strengthening the program, as well as by assessing [systematically] the continuing public need for payphones" and finding ways to meet it. The division proposed a formal workshop or survey to compile data about profits and costs, locations, and demographics — hard data on where pay phones exist and where they don’t but are needed.

The DRA also suggests that regulatory oversight be overhauled; that the PUC exert closer control over pay phone service providers by imposing fines or through disconnection; that pay phones be registered or certified, as they are in numerous other states; and that new procedures be adopted for installing and removing pay phones.

Oversight is needed, the division says, even if the industry can’t pay for it; it recommends a surcharge on monthly phone bills, as there are for other public policy telecom programs. It also says an overdue audit of both programs is needed and that the hotline-triggered inspection regimen needs to be reassessed within 12 to 18 months of its inauguration last fall.

SAVING PAY PHONES


On the ground floor of San Francisco’s City Hall, a single pay phone remains among six phone bays. Under existing subsidy rules, the city — which contracts for multiple phones — is ineligible for a subsidy.

It seems like high time to figure out how to restore some conventional lines of communication. Instead of shifting the whole cost of backup phones to the public, why not consider allocating it between the industry and ratepayers, placing the industry’s contribution on a sliding scale to be reviewed every year or two along with revenues, and even incorporating a percentage of more competitive telecom video and cable profits?

Admittedly, this goes against the current tide. Avid deregulators — like former PUC commissioner Susan Kennedy, now Gov. Arnold Schwarzenegger’s chief of staff, and current commissioner Rochelle Chong — have aggressively promoted advanced technology and less oversight.

But is what’s good for AT&T and Verizon really good for ratepayers or small businesses? Letting the pay phone network — a real, decentralized public space — be dismantled just because many of us now have private cell phones violates fairness and common sense. Corporate-minded advanced-tech boosters may dismiss the older technology, but it serves everyone.

"Just because it’s old," TURN’s Nussbaum said, "so what?"<\!s>*

Naked Ambition and the Mayor’s Race

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By Sarah Phelan

naked2100_2042­_best_resize.jpg

Photo by Sarah Phelan

George “Naked Yoga Guy” Davis started to strip off in City Hall, yesterday, shortly after filing his mayoral papers.

Homeless taxi driver and mayoral candidate Grasshopper Alec Kaplan has already removed the numbers from beleagured “D4” supervisor Ed Jew’s alleged house in the Sunset District.

Fellow mayoral challenger and fierce blogger H. Brown has been shooting his mouth off about politics for years.

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And then of course there is artist Chicken John Rinaldi, who pronounces his name Ri-NAL-di.
Rinaldi100_2045_resized.jpg

But supporters of Dr. Ahimsa Porter Sumchai are accusing the Chronicle of being in Newsom’s back pocket after the daily managed to omit all mention of Sumcahi from its August 11 coverage of the race.

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Ahimsa outside City Hall on August 10, shortly before filing her mayoral papers.

True, Dr. Sumchai was 20 minutes late for her own August 10 press conference–a tardiness she put down to having to travel by public transit.

But Sumchai’s name is clearly on the list of mayoral candidates, and she has been talking about her candidacy since January, when Lennar’s failure to properly monitor and control asbestos dust at Hunters Point Shipyard inspired her to enter the race.

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Josh Wolf, who is also running for mayor, says his decision wasn’t about payback. (Readers may recall that Newsom refused to add his signature to a Board resolution that publicly protested federal interference into an investigation into who assaulted an SFBD officer during a G8 protest turned violent –interference that enabled authorities to circumvent state-approved shield laws and thus keep Wolf in jail for 7 months for refusing to give up his video outtakes of the protest.
“But I’m shocked that Newsom refused to accept a cap on his relection campaign contributions , which have already surpassed $1.6 million,” said Wolf. “What’s he afraid of?”
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Free at last, Wolf files for Mayor of San Francisco

Meanwhile, with rumor having it that Newsom wanted to use Eminem’s Lose Yourself as his 2003 election jingle, what would be an appropriate theme song for Newsom’s 2007 reelection bid,?

Oh, and just in case you are wondering, the Naked Yoga Guy…
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…didn’t take it ALL off. At least not this time around.

Daly will not run for mayor

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By Tim Redmond

Sup. Chris Daly, who was talking over the past few days about a campaign for mayor, has decided against it. He sent a statement tonight; I’ll post the whole thing:

Progressive Allies and Friends,

For the past 6.5 years, we have enjoyed strong
progressive politics in San Francisco. Progressive
San Francisco has delivered a new era of worker’s
rights with the nation’s highest minimum wage,
universal health coverage, and paid sick days.
Requiring significant amounts of affordable housing
and other public benefits, we’ve made development work
for communities. We’ve set the agenda on workers’
rights, housing, health care, city services,
transportation, and the environment. Our political
opponents, even holding the office of Mayor, have been
on the defensive.

Despite our political strength and its marquis
standing in local political races, it’s clear that
we’ve had difficulty engaging in this year’s Mayor’s
race. Progressives share a principled critique of the
personality-driven politics practiced by our
opponents. We elevate the issues important to
everyday people above our own political advancement
and personal self-interest. We are right to do so.
Unfortunately, this does not always translate well
into the mainstream and corporate-controlled media.

For the better part of a year, I felt a great deal of
responsibility to find a strong progressive candidate
for Mayor, all the while acknowledging that I was not
our best possible candidate. There were discussions,
caucuses, lunches, and even a Progressive Convention
aimed at compelling a progressive entry into the race.
With news last week of the final potential candidate
forgoing the race, I decided to take another look at
making a run.

This past week Progressive San Francisco produced a
flurry of activity about that possibility. I was
heartened and inspired that so many were willing to
step up in the face of significant odds. Dozens of
you dropped what you were doing to spend hours on end
with me this week. Hundreds pledged your support.
The outpouring gave me hope that we do have what it
takes to take back Room 200 and deliver social and
economic justice to San Francisco.

However, I have decided not to file a candidacy for
the Office of Mayor.

Given the negative, million-dollar campaign against me
last year, there was never a question that this
Mayor’s race would be brutal. The incumbent promised
as much in a meeting this week. Our ideas are better,
and I was committed to running a campaign about our
issues. But most of us had reservations about whether
we’d ever be able to achieve resonance on the issues
against the tide of hits, personal attacks, and media
hype of the Newsom vs. Daly personality clash.

Sarah and I arrived at last night’s meeting with the
intention of announcing my entry into the race and
were moved by everyone’s willingness to act on faith.
When I called on progressives for support for a
Mayoral run, progressives responded. But I also
sensed that the reservations in the room were real.
Progressives are certainly ready to vie for the
Mayor’s seat, but, unfortunately, I am not the right
candidate.

There is some good news. Progressives are much
stronger than we were the last time we didn’t field a
challenger for Mayor. Back in ’83, the progressive
movement had not recovered from the Milk/Moscone
assassinations and the subsequent repeal of district
elections. Dianne Feinstein enjoyed great popularity
after soundly squashing a recall effort. She went on
to easily win reelection later that year.

Four years later it appeared as if downtown’s reign
would continue with the front-running candidacy of
John Molinari. His bid, however, was upset when Art
Agnos united San Francisco’s left with a disciplined,
sustained, and effective campaign.

We all know that electoral work is just a part of the
overall effort we need to put forth. There is no
substitute for the basics of organizing and serving
our people so they can live with dignity. I will
always remain committed to the struggle and to
building progressive politics and people power in San
Francisco for the years to come.

Solidarity,

Chris Daly

It would have been a hell of a race, but I respect his decision. Now it’s time to focus on the Board of Supervisors races in 2008.

Iron curtain in outer space

0

› a&eletters@sfbg.com

Throughout its history, the Soviet Union felt like the final frontier to many Americans. What was happening on the other side of that iron curtain? The Russians wondered too. Since travel between the countries was so limited, their inhabitants often had to turn for information to the cultural products that made it — both ways — past Russia’s gatekeepers. How better to hide meaning than in fairy tales and outer space? The Pacific Film Archive celebrates an age of anxiety and this age of information with its marvelous series "From the Stars to the Tsars: A Journey Through Russian Fantastik Cinema."

The films of "From the Stars to the Tsars" span the period from the 1912 short The Cameraman’s Revenge and Aelita, Queen of Mars — the 1924 silent classic that inspired Guy Maddin’s The Heart of the World — to 2005’s First on the Moon. The series’s other notable traversal is between high and low culture. Some entries were partly seen at drive-ins in the 1960s thanks to Roger Corman, who bought the rights to The Heavens Call (1959) and Planet of Storms (1961) and scavenged their footage; To the Stars by Hard Ways (1982; reedited 2001) made an appearance as Humanoid Woman on Mystery Science Theater 3000. Then there are the films more familiar to art house patrons; the two by Andrei Tarkovsky, 1972’s Solaris and 1979’s Stalker, cemented his reputation, and the former was hailed as the Soviet response to 2001: A Space Odyssey. The rest of the series falls between these poles. Although their politics and plots vary, all the films share a joy in the medium’s magic and an affinity for dazzling and provocative visual effects, whether they be ridiculous, sublime (the signal that Stalker‘s mysterious Zone is ready for its visitors is a marvel of quiet beauty), or both.

Another obvious draw is these films’ Russian-ness. Ruslan and Ludmila (1972) is based on an Aleksandr Pushkin epic, and Evenings on a Farm near Dikanka (1961) is an adaptation of a story by Nikolay Gogol. There is no Soviet Invasion of the Body Snatchers, but some movies manage to work in anti-Western views. The Amphibian Man, shot in Cuba in 1962, offers a damning critique of capitalism in the person of its villain (Mikhail Kozakov), a dishonest, slave-driving, anything-for-a-pearl bastard who wants to marry the girl our hero loves — against her will, of course. Zero City, filmed at the height of perestroika, includes a speech by the town prosecutor (Vladimir Menshov) against European ideas, which he says are all the more fatal for their rationality and practicality.

This is not to say that the Soviet Union escapes its directors’ indignation. The clearest examples come at its end points, the start and finish of the great people’s experiment. Aelita shows class conflict and housing shortages; made more than 60 years later, 1988’s Zero City depicts the denunciation and rehabilitation of rock ‘n’ roll and its partisans as caprices all the worse for their life-destroying results. But the most transparent criticism comes in 2005’s First on the Moon. Made well past the fall of the USSR, the film is a look back, documentary style, at its country’s space program, which in this version beat the Americans’ to the earth’s natural satellite. There are winks to the fictionality of this exercise via sometimes too-cinematic shots, but the most obvious touches are images such as that of a group of children saluting with straight faces "the cause of Stalin and Lenin," then breaking into laughter. The government appears at its worst when it covers up the successful trip and spends years trying to contain the cosmonaut who made it, but the fact that the Soviets never did get to the moon — let alone first — is the movie’s strongest critique.<\!s>*

FROM THE STARS TO THE TSARS

Through Aug. 31, $4–<\d>$8

See Rep Clock or www.sfbg.com for showtimes

Pacific Film Archive

2625 Durant, Berk.

(510) 642-1124

www.bampfa.berkeley.edu

Who killed Brad Will?

0

news@sfbg.com

Oaxaca, Mexico — Those of us who report from the front lines of the social-justice movement in Latin America share an understanding that there’s always a bullet out there with our name on it. Brad Will traveled 2,500 miles, from New York to this violence-torn Mexican town, to find his.

Throughout the summer and fall of 2006, the southern Mexican state of Oaxaca was on fire. Death squads, the pistoleros of a despised governor, rolled through the cobblestoned streets of this colonial capital, peppering with automatic weapon fire the flimsy barricades erected by masked rebels. Hundreds were killed, wounded, or imprisoned.

Will, a New York Indymedia videojournalist, felt he had to be there. Xenophobia was palpable on the ground when Will touched down. Foreign journalists were attacked as terrorists by the governor’s sycophants in the media: "Si ves un gringo con cámara, matanlo!" the radio chattered — if you see a gringo with a camera, kill him!

For much of the afternoon of Oct. 27, Will had been filming armed confrontations on the barricades just outside the city. He was trapped in the middle of a narrow street while gunshots boomed all around him, but he kept filming, looking for the money shot.


And he found it: on his final bits of tape, two clearly identifiable killers are perfectly framed, their guns firing. You hear the fatal shot and experience Brad’s shudder of dismay as the camera finally tumbles from his hands and bounces along the sidewalk.

By all visible evidence, Brad Will filmed his own murder. But this is Mexico, where justice is spelled impunity — and Will’s apparent killers continue to ride the streets of Oaxaca, free and, it seems, untouchable.

Curiously, this egregious murder of a US reporter in Mexico has drawn minimal response from US Ambassador Tony Garza, an old crony of President George W. Bush. Why this lack of interest? Can it be that Washington has another agenda that conflicts with justice for Will — the impending privatization of Mexican oil?

HEADING SOUTH


Will was once a fire-breathing urban legend on Manhattan’s Lower East Side. Whether perched atop the Fifth Street squat where he had lived for years and waving his long arms like Big Bird as the wrecking ball swung in, or being dragged out of City Hall dressed as a sunflower while trying to rescue the neighborhood’s community gardens, this child of privilege from Chicago’s wealthy North Shore was a legitimate street hero in the years before the World Trade Center towers collapsed and the social-change movement in New York City went into deep freeze.

Will hosted an incendiary weekly show on the New York pirate station Steal This Radio and was an early part of Indymedia, the Web publishing experiment born during the "Battle of Seattle," the World Trade Organization protests that rocked that city in 1999.

With his long hair neatly tied back and parted down the middle, with his granny glasses and fringe beard, and with his fierce commitment to building community, Will seemed to have emerged whole from a more utopian time in America.

He was an independent journalist, one of the growing number of people, such as Josh Wolf in San Francisco, who use the Internet and their video cameras to track and report on social moments and injustice. He wore no credential from any major news organization. But using outlets like Indymedia, he — like Wolf, who spent seven months in prison to avoid giving the police a copy of his video outtakes — represented part of the future of journalism.

Will’s journey to the land where he would die began right after Sept. 11, 2001. Dyan Neary, then a neophyte journalist, met Will in a South Street skyscraper elevator coming down from the WBAI studios from which Amy Goodman broadcast soon after the terrorist attacks.

"We walked down the piles. They were still smoking," Neary remembered in a phone call from Humboldt County. "We were both really scared. We thought this was not going to be resolved soon. Maybe never. So we thought we should go to Latin America, where people were still fighting."

Will and Neary spent most of 2002 and 2003 roaming the bubbling social landscape of Latin America. In Fortaleza, Brazil, they confronted the director of the Inter-American Development Bank during riotous street protests. They journeyed to Bolivia too and interviewed Evo Morales, not yet the president. They traveled in the Chapare rainforest province with members of the coca growers’ federation. They hung out in Cochabamba with Oscar Olivera, the hero of the battle to keep Bechtel Corp. from taking over that city’s water system. Everywhere they went, they sought out pirate radio projects and offered their support.

In February 2005, Will was in Brazil, in the thick of social upheaval, filming the resistance of 12,000 squatters at a camp near the city of Goiânia in Pernambuco state, when the military police swept in, killing two and jailing hundreds. On his videos, you can hear the shots zinging all around him as he captured the carnage. Will was savagely beaten and held by the police. Only his US passport saved him.

Undaunted by his close call, Will picked up his camera and soldiered back through Peru and Bolivia, and when the money ran out, he flew back to New York to figure out how to raise enough for the next trip south. He was hooked. In early 2006, drawn like a moth to flame, he was back, tracking Subcomandante Marcos and the Zapatistas’ Other Campaign through the Mayan villages on Mexico’s Yucatán Peninsula.

In the spring of 2006, Will was back in New York as he tracked the Other Campaign and the incipient rebellion in Oaxaca on the Internet from his room in Williamsburg. (The rent gougers had forced him out of the Lower East Side.) He was poised to jump south again, friends say, but was worried that he would just be one more white guy getting in the way.

In the end, the lure of the action in Oaxaca pulled him in. He bought a 30-day ticket, caught the airport shuttle from Brooklyn to John F. Kennedy International Airport, and flew south Sept. 29. His return was set for Oct. 28. He never made that flight.

THE COMMUNE OF OAXACA


A mountainous southern Mexican state traversed by seven serious sierras, Oaxaca is at the top of most of the nation’s poverty indicators — infant mortality, malnutrition, unemployment, and illiteracy. Human rights violations are rife. It’s also Mexico’s most indigenous state, with 17 distinct Indian cultures, each with a rich tradition of resistance to the dominant white and mestizo overclass. Oaxaca vibrates with class and race tensions that cyclically erupt into uprising and repression.

The Party of the Institutional Revolution, or PRI, ruled Mexico from 1928 to 2000, the longest-running political dynasty in the world. The corrupt organization was dethroned by the right-wing National Action Party (PAN) and its picaresque presidential candidate, Vicente Fox, former president of Coca Cola México.

But in Oaxaca, the PRI never lost power. While voters were throwing off the PRI yoke all over the rest of the country, in Oaxaca one PRI governor had followed another for 75 years. The latest, Ulises Ruiz Ortiz, a protégé of party strongman and future presidential candidate Roberto Madrazo, won a fraud-marred election over a right-left coalition in 2004.

In the first 16 months of his regime, Ruiz proved spectacularly unresponsive to the demands of the popular movements for social justice. When, on May 15, 2006, National Teachers Day, a maverick, militant local of the National Education Workers Union known as Section 22 presented its contract demands, Ruiz turned a deaf ear. Then, on May 22, tens of thousands of teachers took the plaza and 52 surrounding blocks and set up a ragtag tent city. Each morning the maestros would march out of their camp and block highways and government buildings, which were soon smeared with anti-Ruiz slogans.

Ruiz retaliated before dawn June 14, sending 1,000 heavily armed police officers into the plaza to evict the teachers. Low-flying helicopters sprayed pepper gas on the throng below. Ruiz’s police took up positions in the colonial hotels that surround the plaza and tossed down concussion grenades from the balconies. Radio Plantón, the maestros’ pirate radio station, was demolished and the tent city set afire. A pall of black smoke hung over the city.

Four hours later a spontaneous outburst by Oaxaca’s very active community, combined with the force of the striking teachers and armed with clubs and Molotov cocktails, overran the plaza and sent Ruiz’s cops packing. No uniformed officers would be seen on the streets of Oaxaca for many months. And on June 16, two days after the monumental battle, 200,000 Oaxacans marched through the city to repudiate the governor’s "hard hand." The megamarch was said to extend 10 kilometers.

John Gibler, who closely covered the Oaxaca uprising as a human-rights fellow for Global Exchange, wrote that the surge of the rebels June 14 soon transformed itself into a popular assembly. The Oaxaca Peoples Popular Assembly, or APPO, was formally constituted June 21. The APPO had no leaders but many spokespeople, and all decisions had to be made in assemblies.

A CITY PARALYZED


For the next weeks, the actions of the APPO and Section 22 paralyzed Oaxaca — but the rest of Mexico took little notice. Instead, the nation was hypnotized by the fraud-marred July 2 presidential election in which a right-wing PAN-ista, Felipe Calderón, had been awarded a narrow victory over leftist Andrés Manuel López Obrador, the candidate of a coalition headed by the Party of the Democratic Revolution. López Obrador was quick to cry fraud, pulling millions into the streets in the most massive political demonstrations in Mexican history. Oaxaca still seemed like small potatoes.

But Oaxaca is an international tourist destination, and the APPO and Section 22 protests had closed down the tourist infrastructure, blocking the airport and forcing five-star hotels to shutter their doors. On July 17, Ruiz was forced to announce the cancellation of the Guelaguetza, an indigenous dance festival that has become Oaxaca’s premiere tourist attraction, after roaming bands of rebels destroyed the scenery and blockaded access to the city.

Ruiz began to fight back. By the first weeks of August, the governor launched what came to be known as the Caravan of Death — a train of 30 or 40 private and government vehicles rolling nightly, firing on the protesters. Ruiz’s gunmen were drawn from the ranks of the city police and the state ministerial police.

To keep the Caravan of Death from moving freely through Oaxaca, the APPO and the union threw up barricades; 1,000 were built in the working-class colonies throughout the city and its suburbs. The rebels piled up dead trees, old tires, and burned-out cars and buses to create the barricades, which soon took on a life of their own; murals were painted using the ashes of the bonfires that burned all night on the barriers. Indeed, the barricades gave the Oaxaca struggle the romantic aura of the Paris Commune uprising of 1871 and attracted droves of dreadlocked anarchists to the city.

An uneasy lull in the action gripped Oaxaca on Oct. 1, when Will arrived at the bus terminal, then found himself a cheap room for the night. The break wouldn’t last long.

ON THE BARRICADES


Like most non-Mexicans who style themselves as independent reporters, Will had no Mexican media credential and therefore was in the country illegally, working on a tourist visa and susceptible to deportation. To have some credential other than his Indymedia press card to hang around his neck, he got himself accredited with Section 22 and wore the rebel ID assiduously.

On Oct. 14, APPO militant Alejandro García Hernández was cut down at a barricade near Símbolos Patrios, a downtown plaza. Will joined an angry procession to the Red Cross hospital where the dead man had been taken.

In the last dispatch he filed from Oaxaca, on Oct. 16, Will caught this very Mexican whiff of death: "Now [García Hernández lies] waiting for November when he can sit with his loved ones on the day of the dead and share food and drink and a song … one more death — one more martyr in a dirty war — one more time to cry and hurt — one more time to know power and its ugly head — one more bullet cracks the night."

The dynamic in Oaxaca had gotten "sketchy," Will wrote to Neary. Section 22 leader Enrique Rueda Pacheco had cut a deal with the outgoing Fox government and forced a back-to-work vote Oct. 21 that narrowly carried amid charges of sellout and payoffs. If the teachers went back to work, the APPO would be alone on the barricades and even more vulnerable to Ruiz’s gunmen. But backing down was not in the assembly’s dictionary, and the APPO voted to ratchet up the lucha (struggle) and make Oaxaca really ungovernable.

Mobile brigades were formed — young toughs armed with lead pipes and nail-studded boards who hijacked buses still running in the city, forced the passengers off, and rode around looking for action. Later the buses would be set afire. Charred hulks blossomed on the streets of the old colonial city. The barricades were reinforced to shut down the capital beginning Oct. 27.

The escalation proved to be a terrible miscalculation. In Mexico City the postelectoral turmoil had finally subsided, and PAN was ready to deal with the PRI; bailing out the governor of Oaxaca was the PRI’s price of admission.

It wasn’t a good time for inexperienced foreigners. Ruiz’s people were checking the guest lists at the hostels for "inconvenient" internationals. Immigration authorities threatened extranjeros with deportation if they joined the protests. The local US consul, Mark Leyes, warned Americans that he would not be able to help them if they got caught up in the maelstrom.

Adding to this malevolent ambiance, a new pirate station popped up Oct. 26. Radio Ciudadana (Citizens’ radio) announced it was broadcasting "to bring peace to Oaxaca" and to celebrate the honor of "our macho, very macho governor." The announcers seemed to have Mexico City accents. Wherever they had been sent from, they let loose with a torrent of vitriolic shit — stuff like "We have to kill the mugrosos [dirty ones] on the barricades." The extranjeros, the radio said, were stirring up all the trouble: "They pretend to be journalists, but they have come to teach terrorism classes."

More frightening was this admonition: "Si ves un gringo con cámara, matanlo!" — "If you see a gringo with a camera, kill him!"

This poison spewed out of local radios all day Oct. 26 and 27, but whether Will heard the warnings — and if he did, whether knew what they meant — is unclear. He didn’t speak much Spanish.

SHOT IN THE CHEST


On Oct. 27, Will went out to do interviews on the barricade at Santa María Coyotepec, about 20 kilometers from the city. The three barricades at Coyotepec, Cal y Canto, and La Experimental were crucial to closing down Oaxaca the next day. The broad Railroad Avenue where the barricade was stacked was empty. Nothing was moving. Will walked on to the next barricade at La Experimental to check out the action.

Soon after the Indymedia reporter left, all hell broke loose at Cal y Canto. A mob of about 150 Ruiz supporters stormed down Railroad Avenue, led by what witnesses thought was a Chevy Blazer. The vehicle was moving very fast. "We thought it would try and crash through the barricade," Miguel Cruz, an activist and witness, recalled. But the SUV stopped short, and several men jumped out with guns blazing. The APPO people hunkered down behind the makeshift barrier and moved the women and kids who were with them into a nearby house. Then they went on the counterattack with Molotov cocktails, homemade bazookas that fired bottle rockets, and slingshots. Most of the mob had melted away, and with the gunmen retreating, the rebels torched their vehicle.

Will heard about the gunfire and hurried back to Cal y Canto with a handful of other reporters. They arrived a little after 3 p.m.

Will climbed under a parked trailer to film the shooters. He focused on a man in a white shirt. When an APPO activist (who is not seen on the videotape) came running by, Will indicated the shooter — "Camisa blanca." While all this was going on, the camera captured a bicyclist peddling dreamily through the intersection. Soon after, a large dump truck appeared on the scene, and the group on the barricade used it as a mobile shield as they chased the gunmen down the avenue.

Suddenly, the pistoleros veered down a narrow side street, Benito Juárez, and took refuge in a windowless, one-story building on the second block. The only access to the building was through a large metal garage door, and the reporters followed the APPO militants, many of whom were masked, as they tried to force their way in. Will stood to one side of the door for a minute, poised for the money shot. Then the compas tried unsuccessfully to bust down the big door by ramming the dump truck into it.

In the midst of this frenzy, five men in civilian dress — two in red shirts (the governor’s color) and the others in white — appeared at the head of Benito Juárez, about 30 meters away, and began shooting at the rebels.

Two of the gunmen were later identified by Mexican news media as Pedro Carmona, a cop and local PRI political fixer, and police commander Orlando Manuel Aguilar Coello. One of those in the white shirts, crouched behind Carmona, was Abel Santiago Zárate, a.k.a. El Chino. Santiago Zárate and Aguilar Coello were reported to be the personal bodyguards of municipal president Manuel Martínez Feria of the PRI. The other two would later be fingered as Juan Carlos Soriano, a.k.a. El Chapulín (the grasshopper), and Juan Sumano, both Santa Lucía del Camino police officers. All five are eminently identifiable in the film Will shot just moments before the bullets hit him.

When the shooting erupted, Will took cover on the opposite side of the narrow street from the rest of the media. He was crouched against a lime green wall when the first bullet came. On the video soundtrack, you can hear both the shot and Will’s cries of dismay as it tore through his Indymedia T-shirt and smashed into his heart. A second shot caught him in the right side and destroyed his innards. There was little blood spilled, the first slug having stopped his heart.

In footage that witness Gustavo Vilchis and others filmed, the entrance wound of the first shot looks like a deep bruise. The second shot was not recorded on the soundtrack and may have been fired simultaneously with the first.

Others were shot in the pandemonium. Oswaldo Ramírez, filming for the daily Milenio, was grazed. Lucio David Cruz, described as a bystander, was hit in the neck and died four months later.

As Will slid down the wall into a sitting position, Vilchis and activist Leonardo Ortiz ran to him. Will’s Section 22 credential had flown off, and no one there knew his name. With bullets whizzing by, the compas picked Will up and dragged him out of the line of fire and around the corner to Árboles Street, about 35 paces away. Along the way, his pants fell off.

"Ambulance! We need an ambulance! They’ve shot a journalist!" Vilchis, a tall young man with a face like an Italian comic actor’s, shouted desperately. Gualberto Francisco, another activist, had parked his vochito (Volkswagen Bug) on Árboles and pulled up alongside Will, who was laid out on the pavement in his black bikini underwear.

Ortiz and Vilchis loaded the dying Will into the back seat. They thought he was still breathing, and Vilchis applied mouth-to-mouth resuscitation. "You’re going to make it … you’re all right," they kept telling him. But Will’s eyes had already turned up — he was perdido (lost), as they say in Mexico.

The vochito ran out of gas, and while the frantic young men ferrying Will were stuck in the middle of the Cinco Señores crossroad, it began to rain hard. They tried to stop a taxi to take them to the Red Cross, but the driver supported the government and wanted to argue. Finally, they flagged down a pickup truck and laid Will out in the bed. He was dead when he arrived at the hospital, according to the report by the coroner, Dr. Luis Mendoza.

THE OUTRAGE BEGINS


Oct. 27 was the bloodiest day of the Oaxaca uprising. Four people were killed besides Will: Emilio Alonso Fabián, Esteban Ruiz, Esteban López Zurita, and Audacia Olivera Díaz.

Unlike their murders, Will’s death triggered international outrage. Because he was so connected — and because much of the episode was recorded on film —the shot of the mortally wounded Indymedia reporter lying in the middle of a Oaxaca street went worldwide on the Web in a matter of minutes.

There were instant vigils on both coasts of the United States. On Oct. 30, 11 of Will’s friends were busted trying to lock down at the Mexican consulate off Manhattan’s Park Avenue, where graffiti still read "Avenge Brad!" in December. Anarchists splattered the San Francisco consulate with red paint. Subcomandante Marcos sent his condolences and called for international protests. Goodman did an hour-long memorial.

On March 16, 2007, at its midyear meeting in Cartagena de Indias, Colombia, the Inter-American Press Association, an organization devoted to freedom of speech and the press in the Americas, passed a resolution calling for action on the Will case.

"The investigation into the killing has been plagued by irregularities and inconsistencies, and no arrests have been made," the group said in a statement. IAPA called for the federal attorney general to take over the investigation, "in view of the lack of confidence in state authorities and the lack of progress in the case, so that it may apprehend the culprits, who, according to one theory of the investigation, may be indirectly linked to state authorities."

The official reaction to Will’s death was more cautious. "It is unfortunate when peaceful demonstrations get out of hand and result in violence," a US spokesperson told the media, seeming to blame the APPO for Will’s killing. After once again warning Americans that they traveled to Oaxaca "at their own risk," Ambassador Garza commented on the "senseless death of Brad Will" and how it "underscores the need for a return to the rule of law and order."

"For months," he said, "violence and disorder in Oaxaca have worsened. Teachers, students, and other groups have been involved in increasingly violent demonstrations."

Garza’s statement sent Fox the signal he had been waiting for. Now that a gringo had been killed, it was time to act. The next morning, Oct. 28, 4,500 officers from the Federal Preventative Police, an elite force drawn from the military, were sent into Oaxaca — not to return the state to a place where human rights, dignity, and a free media are respected but to break the back of the people’s rebellion and keep Ruiz in power.

On Oct. 29 the troops pushed their way into the plaza despite massive but passive resistance by activists, tore down the barricades, and drove the commune of Oaxaca back into the shadows.

In Mexico the dead are buried quickly. After the obligatory autopsy, Brad’s body was crated up for shipment to his parents, who now live south of Milwaukee. After a private viewing, the family had him cremated.

SHAM ACCOUNTABILITY


Killing a gringo reporter in plain view of the cameras (one of which was his own) requires a little sham accountability. On Oct. 29 the state prosecutor, Lizbeth Caña Cadeza, announced that arrest warrants were being sworn out for Santiago Zárate and Aguilar Coello, two of the five cops caught on film gunning Will down, and they were subsequently taken into custody.

The scam lost currency two weeks later when, on Nov. 15, Caña Cadeza dropped a bombshell at an evening news conference: the cops hadn’t killed Will, she said; he was shot by the rebels.

Will’s death, she insisted, had been "a deceitful confabulation to internationalize the conflict" and was, in fact, "the product of a concerted premeditated action." The mortal shot had been fired from less than two and a half meters away, Caña Cadeza said — although there is nothing in the coroner’s report to indicate this. The real killers, she said, were "the same group [Will] was accompanying."

In the state prosecutor’s scenario, the order of the shots was reversed: first Will had been shot in the side on the street, then rematado (finished off) with a slug to the heart on the way to the hospital in Francisco’s vochito.

The prosecutor’s plot was immediately challenged by the APPO. "The killers are those who are shown in the film," Florentino López, the assembly’s main spokesperson, asserted at a meeting that night.

And in fact our detailed investigation shows that there is very little evidence to support Caña Cadeza’s theory. Photos from the scene, some published in the Mexican media, show Will’s body with a bloody hole in his chest on the street near where he fell — indicating that his fatal heart wound occurred well before he was dragged into the car where he was supposedly shot.

There’s another problem with the prosecutor’s suggestion: nobody on the scene saw any APPO members, or anyone except the authorities, carrying guns. This reporter has talked to numerous eyewitnesses, and all told the same tale: the rebels at the barricade that day had no firearms with which they could have shot Will.

Miguel Cruz, who spent much of Oct. 27 with Will, first at the Council of Indigenous People of Oaxaca, of which he is a member, and then on the barricade at Cal y Canto and on Juárez Street, is a soft-spoken young Zapotec Indian, but he pounded vehemently on the kitchen table when he addressed Caña Cadeza’s allegations.

"The compañeros had no guns. What gun is she talking about? They had slingshots and Molotovs but no guns. The PRI-istas and the cops had their .38s, and they were shooting at us," he said. "We were trying to save Brad Will’s life, not to kill him."

And if Caña Cadeza had any proof of her allegations, she likely would have filed charges. But none of the protesters or Will’s companions has been formally charged with the killing. Prosecutors have never publicly presented the alleged murder weapon.

But by the time Caña Cadeza told her story, of course, the only way to determine for sure the order of the bullets and the distance from which they had been fired would have been to exhume Will’s body. And there was no body; he had been cremated the week before.

On Nov. 28, Santiago Zárate and Aguilar Coello were released from custody by Judge Victoriano Barroso because of "insufficient evidence," with the stipulation that they could not be rearrested without the presentation of new evidence.

Caña Cadeza, who is now running as a PRI candidate for the state legislature, collaborated closely on the case with Oaxaca secretary of citizen protection Lino Celaya. Both reported to Ruiz’s secretary of government, Heliodoro Díaz, who in turn reported directly to the governor. There seems little doubt that the prosecutor’s accusations of murder against Will’s comrades — and the determination of innocence for the apparent killers — came straight from the top.

ON THE EVIDENCE TRAIL


Dr. Mendoza was occupied when I stopped by the Oaxaca city morgue to ask for a copy of the autopsy report on which the state has based its allegations.

"Will died eight months ago," Mendoza complained testily. "Do you know how many others have died since? How many autopsies I’ve performed?" He gestured to a morgue room where cadavers were piled up.

The coroner was scrunched over his desk, filling out the paperwork for one of the dead. He didn’t have any time to look for the autopsy report. I was not the first reporter to ask him about the document. "What paper are you from anyway?" he asked suspiciously, and when I showed him my media card, he told me that it didn’t sound like a real newspaper to him. "I know what I’m doing. I worked as a coroner in your country," he snapped defensively and waved me out of the office.

But Mendoza might not be quite as cocksure as he sounded. A senior agent for the US government in Oaxaca, who asked not to be named in this article, told me later that Mendoza confided to him that he was no ballistics expert, nor could he determine from how far away the bullets were fired.

I walked into the police commissary under the first-floor stairs of the Santa Lucía del Camino Municipal Palace. The small room was crowded with cops and cigarette smoke. Three of the officers were in full battle gear, and the rest were plainclothes. I had been warned not to ask for Carmona, the most prominent red shirt on Will’s film. Carmona is described as a prepotente — i.e., a thug with an attitude who is always packing.

Instead, I asked the desk clerk if I could get a few minutes with Santiago Zárate and Aguilar Coello. For all I knew, the two were sitting in the room behind me. The desk clerk studied my card. "Qué lástima!" he exclaimed — what a shame. Santiago Zárate had just left and wouldn’t be back until after six. Aguilar Coello was off that day. When I called back after six, Santiago Zárate was still not available. Nor were he and Aguilar Coello ever available the dozen or so times I called back.

This sort of stonewalling is not terribly unusual for Mexico, where killer cops often sell their services to local caciques (political bosses) and go back to work as if nothing had happened. Those who direct this sort of mayhem from their desks in the statehouses and municipal palaces — the "intellectual assassins," as they are called — are never held accountable for their crimes.

A VISIT FROM HOME


In March, Brad’s parents, Kathy and Howard Will, and his older brother and sister paid a sad, inconclusive visit to Oaxaca. They had hired Miguel Ángel de los Santos Cruz, a crackerjack human rights lawyer who has often defended Zapatista communities in Chiapas. Gibler, the Global Exchange human-rights fellow, was the translator.

The Wills, upper-middle-class Americans, had little experience with the kind of evil that lurks inside the Mexican justice system; the trip was a traumatic, eye-opening experience.

The federal Attorney General’s Office had taken over the case from the state in December, but rather than investigating police complicity and culpability, it was pursuing Caña Cadeza’s dubious allegation blaming Will’s companions for his killing.

Gustavo Vilchis, Gualberto Francisco, Leonardo Ortiz, and Miguel Cruz were summoned to give testimony, with the Wills in attendance. Testifying was a risky venture, as the witnesses could have been charged with the murder at any moment, but out of respect for the family, the compas agreed to tell their story to the federal investigators. During the hearing they were repeatedly questioned about and asked to identify not the cops who appear on Will’s film but their own compañeros, some masked, who appeared on tape shot by Televisa, the Mexican TV giant. They refused.

When Los Santos accompanied the Wills to a meeting with Caña Cadeza, she touted her investigation and promised them a copy of its results. But she refused to allow the family to view Will’s Indymedia T-shirt and the two bullets taken from his body. They were, she explained, under the control of Barroso — the judge who had cut loose the cops.

THE POLITICS OF OIL


There are larger geopolitics at work here.

The US Department of State has a certain conflict of interest in trying to push first-year Mexican president Calderón to collar Will’s killers. The crackdown in Oaxaca was all about a political deal between Calderón’s PAN and Ruiz’s PRI: if PAN saved the governor’s ass, the PRI would support the president’s legislative package.

Indeed, the PRI’s 100 votes in the lower house of the Mexican Congress guarantee Calderón the two-thirds majority he needs to alter the constitution and effect the change that’s at the top of his legislative agenda — opening up Petróleos Mexicanos, or PEMEX, the nationalized petroleum corporation and a symbol of Mexico’s national revolution, to private investment, a gambit that requires a constitutional amendment.

Since then-president Lázaro Cárdenas expropriated Mexico’s petroleum industry from Anglo and American owners and nationalized it in 1938, the United States has been trying to take it back. "Transnational pressure to reprivatize PEMEX has been brutal," observed John Saxe Fernandez, a professor of strategic resource studies at Mexico’s autonomous university, Universidad Nacional Autónoma de México.

During the run-up to the hotly contested 2006 presidential elections, candidates Calderón and López Obrador debated the privatization of Mexico’s national oil corporation before the American Chamber of Commerce in Mexico City; former US ambassador Jeffrey Davidow moderated the debate. When the leftist López Obrador insisted that he would never privatize what belonged to all Mexicans, the business leaders stared in stony silence. The conservative Calderón’s pledge to open PEMEX to private investment drew wild applause. Calderón was, of course, Washington’s horse in the fraud-marred election.

In order to accommodate Washington, Calderón needs a two-thirds majority in the congress — and the PRI’s votes in the lower house are crucial to guaranteeing passage of a constitutional amendment. "Without the PRI’s votes, PEMEX will not be privatized. That is why Calderón has granted Ruiz impunity," Saxe Fernandez concluded.

Washington is eager to see PEMEX privatized, which would create an opportunity for Exxon Mobil Corp. and Halliburton (now PEMEX’s largest subcontractor) to walk off with a big chunk of the world’s eighth-largest oil company. Pushing Calderón too hard to do justice for Will could disaffect the PRI and put a kibosh on the deal.

It is not easy to imagine Brad Will as a pawn in anyone’s power game, but as the months tick by and his killing and killers sink into the morass of memory, that is exactly what he is becoming. 2

John Ross is the Guardian‘s Mexico City correspondent. This story was comissioned by the Association of Alternative Newsweeklies and is running in about 20 alternative papers this week.

Careers and Ed: The language of learning

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› culture@sfbg.com

Perhaps the best thing my parents ever did for me was to raise me as a Persian in America. I hated this at the time, not understanding why I needed to learn how to perform Persian dances, eat Persian food, or speak Farsi if we weren’t actually in Iran. I now realize I was lucky not only to find a cultural identity but also to experience living in two cultures — and with two languages — at once.

Not all children have a built-in culture base at home, though. But they can have the next best thing if they’re enrolled in language immersion programs, particularly if they start early.

"Language is a natural phenomenon within us, and the earlier we open it, the better," says David Fierberg, the events and communications manager of the French American International School. "It’s an important tool in a child’s development and opens up new pathways of thought, creating a stronger cultural awareness."

That’s why schools around the Bay Area are increasingly embracing this method of schooling. Some are already established in the city, such as the FAIS, which was founded in 1962. Others are just getting started, such as Starr King Elementary School, where a Mandarin immersion program for kindergarten students just finished its first year.

And such programs are available at all levels. The Scandinavian School, for example, is a preschool that uses the educational techniques of its eponymous region, while the FAIS has extensive prekindergarten–to–eighth grade and high school programs. In most cases the experience isn’t just about teaching a particular language or culture but also about presenting a different kind of education.

PARLEZ-VOUS ALGEBRA?


At the FAIS the demand for a rigorous education starts young, and admission is competitive. Those accepted are sent straight on the full-immersion pathway, with a curriculum developed by the French Ministry of Education. Grades K to three are taught 80 percent in French and 20 percent in English, while third grade through middle school is split 50-50. From then on French is a large part of the high school student’s education, with certain classes taught only in French or only in English.

"There is sort of a natural flow," Fierberg says. "The students learn both French and English history and culture, government. Drama is taught in French, as is sports, while music classes are held in English. And French and English math is taught."

French and English math? But isn’t math a universal language?

Yes, Fierberg says. But the methodologies are different. In France, math is more process oriented, focusing on formulas and word problems. American math is more answer oriented. In other subjects the FAIS places a French-method emphasis on oral presentation, memorization of poetry, and dictées, wherein teachers read a paragraph and students write what they hear.

HÄR OCH NÅ


Though the Scandinavian School only teaches preschool students, its educational methods are still clearly different from American — and French — traditions. In fact, director and teacher Mimmi Skoglund finds the Scandinavian method often challenges the expectations of her students’ American parents, who ask questions like "Why doesn’t my child come home with things done at school every day?"

"We try to clarify that it is not the product that is important, it’s the process," Skoglund explains. "That, I think, is very Scandinavian. I have never had that question in Sweden. Another question that always comes up is discipline. [We] try to solve problems, figure out what happened, and come up with a solution — and most of the time, the children are involved. Never do we use time-outs."

Another big difference, Skoglund says, is the emphasis Americans place on preparing kids for the next step in life, whereas Scandinavian education focuses on the here and now.

"It is important to just be and enjoy whatever you have. We try to create a place where children can be children," she says. "We believe we are academic, but through play and the children’s own interests."

AND THEN?


The practical implications of this type of schooling are varied, but most people agree that a bilingual education is an asset in the global economy. Furthermore, Bay Area immersion programs seek not to divide children from their American culture but to broaden their understanding of it.

"FAIS adheres to an educational methodology that has been around since the mid-1800s," Fierberg says. "Students are receiving a broad range of education that isn’t held hostage to politics and societal conventions. But it is held in the US, so it does incorporate what is going on around the kids into the English curriculum so that they have an idea of the changes in society."

It’s also important to note that the FAIS is accredited by the California Association of Independent Schools, the Western Association of Schools and Colleges, and the French Ministry of Education, allowing students to transition uninterrupted to other schools in the United States and in France.

But one of the greatest goals of the program is to help participants enhance a sense of self as they learn about fellow students, their teachers, and the families they meet during homestays in Normandy in their fifth-grade year.

While all this makes immersion education sound idyllic, it can also be overwhelming for young students. FAIS alumni profiles are open, candid, and complex, revealing such a program’s potential drawbacks. Some drawbacks are merely annoying, as shown in 1974 FAIS alumna Karen Heisler’s memory of adults incessantly asking her to "say something in French" when she was too shy even to say something in English. Others are more serious.

"I remember the solitary struggle with a curriculum that none of my ‘at home’ friends shared and the lonely uniqueness of going to a school nobody had heard of," she says.

Francis Tapon, a 1988 alumnus, agrees, adding that it was often hard to relate to other people. "We were in a cocoon, sheltered from the real world, where people are proud if they can say, ‘Una cerveza, por favor.’<\!q>"

And for many, the value of bilingual education didn’t sink in until much later, just one of the trade-offs parents and students are forced to make. The others? It can be frustrating for students new to a language to be in a class with those who are already fluent. Parents often have the extra job of carrying on language immersion through home activities. And teachers say building interest in a culture completely outside themselves is difficult with children, who are the center of their own worlds. But inherent in a commitment to an immersion program is the expectation of roadblocks and challenges.

And Fierberg says it’s worth the result, the creation of well-rounded adults who understand their roles in a changing world, whether they use French in an international career or simply to order a bottle of wine at a restaurant. "We’d like for them to see difference as something that’s attractive," he says.*

Two for the road

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› a&eletters@sfbg.com

"This is the first day of my life<\!s>/ I’m glad I didn’t die before I met you." Yes, it almost feels like that in the afterglow of Kiki and Herb’s Alive from Broadway tour, which wound up a too-brief engagement at the American Conservatory Theater’s Geary Theater on July 29. As a longtime duo pulled from retirement after their 2004 Carnegie Hall farewell (and for purported septuagenarians), Kiki (Justin Bond) and Herb (Kenny Mellman) are in incredible shape. And their chosen form, the lounge act writ large, smells equally fresh these days, even as it did its brazen best to stink up the enormous stage at the Geary.

To begin with, Bond’s Depression-schooled Kiki: at first glance, her look, like the 1970s incarnation of a louche and dangerously idle Malibu mom, was enough to draw unconscious childhood traumas swiftly to the surface. Outfitted (by costume designer Marc Happel) in a chiffon explosion that brings to mind a giant multicolor drip candle balanced on two liquor bottles, Kiki stormed onstage evoking a perfect pastiche of iconic torch singers, celebrity chanteuses, and other glamour goddesses, belting out fearsome interpretations of (in her hands) immediate pop schmaltz from all quarters of the music charts. Not only the Bright Eyes number "First Day of My Life" but also other (eventually) recognizable ditties by the Wu-Tang Clan, the Mountain Goats, and Bob Merrill came tumbling out in renditions that have to be heard to be believed. Suffice it to say that, in its diabolical way, it all worked, much like the popular songs in a Bureau of Alcohol, Tobacco and Firearms siege operation.

Kiki’s renowned stage banter — which included a recounting of the duo’s personal and professional history and a sodden, delusional tale about a stuffed animal and the manger where Jesus was born — came punctuated with tantalizing hanging pauses, of a duration no longer than that needed to fill a very large glass of whiskey. As the evening’s single act waxed on, Kiki treaded from tipsy to sloppy with the incomparable poise of a true showbiz lush. Her remarks ("I always say, if you weren’t molested as a child, you must have been an ugly kid") ranged from off-color to off the hook to, at least once, right off the stage (as a now decidedly tight Kiki found herself literally up an artificial tree).

Mellman’s blowzy Herb, meanwhile, piped in from behind the piano on a near-continual tidal wave of notes like a hideous mashup of Liberace and McCoy Tyner. Herb doesn’t just tickle the ivories; he fellates them with the gusto of a rising porn star. He turns the grand piano into the instrument of a grand mal. Over this outrageous cacophony and sustain-pedal abuse, Herb (a laconic underdog whom pal Kiki publicly pities as not only gay and Jewish but a technical "retard" to boot) barks out harmonies like a tuxedoed Tourette’s victim.

Music and mayhem this precisely, hilariously awful may require something approaching genius. No wonder Bond and Mellman, the real-life performing team who created Kiki and Herb after meeting in San Francisco 20 years ago, have been doing this sort of thing for a while. If a cabaret drag act in San Francisco is not what you’d call new terrain, Kiki and Herb remind one of the enduring strength of the form when in the right hands and shoes.

First of all, cabaret’s devil-may-care insouciance masks the premium it places on skill, and Bond and Mellman, extremely clever and agile talents, have skill to kill. Bond’s performance in particular dazzles. You could watch it nightly and still revel in every detail of its perfect execution, the arch beauty of its take on the atrocious. And his voice, notably powerful and supple in its coarse histrionics, never falters in delivering full-throated commitment to the task.

But cabaret since the Weimar Republic is also the theatrical medium most closely associated with eye-of-storm moments in ages of cultural decadence and political peril. Kiki’s brash social commentary, giving vent to, among other things, her bottomless contempt for George<\!s>W. Bush (whom her lawyer has advised her she must not wish mortal harm to from the stage) and all the rest of them, is frank, funny, and unforgiving — and it strikes just the right notes somehow, as her politics boil down to a slurred Rodney King–<\d>like sound bite that’s as sensible as it is unabashedly innocent: "Just be nice, for Chrissake."<\!s>*

www.kikiandherb.com

Why Gonzalez didn’t run

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matgon.doc

By Tim Redmond

So it looks as if there won’t be much of a mayor’s race this fall after all. I know that Matt Gonzalez took a hard look at it; he met with a good campaign consultant, talked to possible supporters and donors, took a poll … and decided that he wasn’t going to win.

Gonzalez didn’t want to run a symbolic campaign. He didn’t want to do what Tom Ammiano did in 1999 — galvanize the left, build a movement, and fall short of dethroning a powerful incumbent. Gonzalez felt like he did that once, and if he was going to enter the race, he wanted to know there was a real chance of victory.

But Gonzalez has been out of politics for a couple of years, and has dropped a bit off the political radar. His “maybe-I-will-maybe-I-won’t” game over the past six months has demoralized a lot of possible supporters. And he couldn’t come up with a plan to crack Gavin Newsom’s teflon: The early numbers had him losing, 60-20.

It’s too bad. I still think that if Gonzalez had started early, say back in January, we might have had a real race. I understand his frustration: No matter how badly Newsom screws up — Muni’s a mess, the murder rate is soaring, he slept with a staffer who was married to his good friend — the mayor remains almost impossibly popular.

That, I think, could change with a real candidate challenging him — but it won’t be Matt Gonzalez. So it’s time to start thinking about the Board of Supervisors in 2008.

No politics in the parks?

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By Tim Redmond

This is a fascinating tale, from Fog City Journal. It sounds like the Redevelopment Agency (officially, anyway) wants to call this all a misunderstanding, but I can see it becoming a much bigger problem if Newsom succeeds in privatizing more city parks.

Editor’s Notes

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› tredmond@sfbg.com

Yeah, man, I was there: I saw the Grateful Dead play "Dark Star" on New Year’s Eve. Heavy.

Only it wasn’t 1967. It was 1981, becoming ’82, and we were at the Oakland Coliseum, not the Panhandle. The Summer of Love was long gone; Haight Street was at war, not over drugs but over gentrification, and the cops were cruising up and down, looking not for hippies selling pot and acid but for the self-proclaimed Mindless Thugs, who were throwing bricks through the windows of upscale stores and fancy bars.

Everybody falls in love with San Francisco the way it was the day they arrived, and mine was a distinctly anarchopunk scene. The soundtrack wasn’t Scott McKenzie and flowers in your hair; it was Jello Biafra, "California über Alles," and the kids were getting all bloody and bruised from slam dancing in clubs with black walls instead of mellowing out and digging the colors of the trippy light show.

But the spirit of the 1960s was still very much alive. The Summer of Love gets a bit glorified in the retelling, but in the end the part that survived was a spirit of community and rebellion. We were here because we didn’t feel like we belonged anywhere else, and as quickly as we could set down roots, we decided it was our city and we wouldn’t let the greedheads take it away from us.

And it’s been an endless battle for the past quarter century, but the bad guys still haven’t won; though much is taken, much abides … and every year we celebrate the best of the world’s best city with the original, first-in-the-nation Best of the Bay.

This year’s issue is in part a tribute to that summer 40 years ago when a new kind of politics, music, and culture was emerging in a city where Bruce B. Brugmann and Jean Dibble were helping create a new kind of journalism. Our local heroes this year are all people who were part of the Summer of Love — and are still doing cool stuff today.

It’s also a tribute to everything sensational in San Francisco. And now and then and forever, there’s plenty. *

The Chris Daly show

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By Tim Redmond

Oh, it’s so easy to make fun of Chris Daly. You can even make fun of his beard.

Or you can watch his much-derided speech at the Board of Supervisors, and recognize that: 1. He’s not a crazed nut; his points are cogent, well argued and entirely credible, and; 2. He’s right.

Daly is right: We should spend more money on affordable housing than on new roads. We should delay hiring more cops so we can save public health nurses. (Actually, we should raise taxes hire both cops and nurses, but that’s not in the cards right now.) The fact it, the mayor’s budget priorities are all screwed up.

Yes, budgets are always a compromise, and this district-elected board has done better, consistently, than any at-large board at keeping the mayor’s budgets relatively humane. I agree that Daly does himself no favors — and more than that, I fear that he does some harm to the cause of district elections. He says he cares nothing about his own political career, that he’s not a politician (which is one of the most charming and wonderful things about him), but he’s also part of a movement, and district elections is absolutely, utterly critical to the future of progressive politics in this city, and his fits of temper make the whole board look bad, and that helps the mayor’s candidates for supervisor and the people who would like to get rid of district elections altogether.

I think Daly needs to stop giving his enemies so much ammunition. There’s a lot more at stake here than one budget or one person’s future.

Still, I keep watching that speech, and I keep saying:

Shit, on the issues, the guy is right.

The love below

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› a&eletters@sfbg.com

Flexing muscles new and old, the 34-season-strong Asian American Theater Company bounds into its new home at Thick House with young Los Angeles playwright Michael Golamco’s wry 2005 comedy, Cowboy vs. Samurai, a clever nod to Edmond Rostand’s Cyrano de Bergerac set in Breakneck, Wyo., among its modest Asian American community.

The town’s Asian American population is so small that it actually doubles (and a community technically forms) with the arrival of high school English teacher and Korean American Travis Park (Chuck Lacson), an easygoing if increasingly exasperated LA transplant. Even this tight-knit society begins fracturing beyond repair with the arrival of a beautiful, self-confident Manhattanite named Veronica Lee (Melissa Navarro), a Korean American who dates only white men. Her sights soon fall on Travis’s friend, PE teacher Del (Wylie Herman), a winsome bit of lanky, twangy beefcake in a rumpled cowboy hat whose eloquent love letters, filled with wonderfully offbeat anecdotes and homespun ruminations on the meaning of love, have her swooning.

But in Golamco’s shrewd and droll calculation, nobody is quite what he or she seems, or is supposed to seem, in this backwater galumphing into multiculturalism. The most unexpected disguise relates to the sure, mature drama that emerges from behind the mask of puerile comedy. If, as Golamco suggests, identity politics in 2007 lie far beyond simple formulas, the AATC’s well-cast and nicely paced production (deftly helmed by San Francisco Mime Troupe veteran Keiko Shimosato) does plain, straightforward justice to this smartly contemporary take on love’s muddled p.c., post-p.c., and pre-p.c. negotiations.

THE LOVE BEYOND


Second Wind Production’s West Coast premiere of Bay Area playwright-director Ian Walker’s latest, The Gravedigger’s Tango, is currently up at A Traveling Jewish Theater, which last year housed Walker’s tightly written, engagingly original play A Beautiful Home for the Incurable. Unfortunately, Gravedigger falls short of that mark, though it continues to reflect a restlessly inventive pen wielded by the creator of works like Vigilance, Ghost in the Light, and The Stone Trilogy.

The new play folds two stories in one: a young woman (Kathryn Tkel) disguised as her couch-bound trailer-park honey, Trick (Joseph Rende), turns up for a job exhuming graves for a cranky caretaker (Doug Thornburg), soon becoming entranced by the rejuvenating story behind a young woman’s dateless tombstone inscribed with her lover’s timeless pledge.

The romantic ghost story feeds an interesting if fuzzy theme of natural and unnatural life, though the tango twist feels more tacked on than fully integrated. The complexity of the interwoven plotlines is a lot to pack in, moreover, and each suffers from underdevelopment and a lack of sustained attention amid dialogue that occasionally sparkles but elsewhere proves flat or stilted. There’s good work among an uneven cast, but some thinly drawn parts can leave even solid actors like Forsman at a loss. Given these limitations, Gravedigger is definitely mixed fare. Even so, its fresher aspects and sizable ambition bode well from a playwright who, like the romantics he juxtaposes on either side of the grave, has much more to give.*

COWBOY VS. SAMURAI

Thurs/19–Sat/21, 8 p.m.; Sun/22, 2 p.m.; $20

Thick House

1695 18th St., SF

1-800-838-3006

www.asianamericantheater.org.

THE GRAVEDIGGER’S TANGO

Through July 28

Thurs.–Sat., 8 p.m.; Sun., 2 p.m.; $15–$25

Traveling Jewish Theatre

470 Florida, SF

(415) 508-5614

www.secondwind.8m.com

iPhone politics

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› techsploitation.com

TECHSPLOITATION The marketing maestros at Apple have turned the iPhone into the summer’s biggest consumer electronics blockbuster, and they didn’t even have to pay Michael Bay millions of bucks to write robot piss jokes to do it. Everybody’s talking about the damn things — of course the usual gizmo-obsessed pubs like Wired and PC Magazine are drooling all over it, but some unexpectedly political critics and fans have gotten into the mix.

The tech community made its annoyance at iPhone boosterism felt when hacker David Maynor announced that he’d found a bug in Safari (the iPhone’s Web browser) that would allow him to seize control of iPhones remotely. The Daily Show, which usually exhibits a modicum of geek savvy, blithely ignored tech criticisms and led off one episode last week with a breathy noncommentary on how the iPhone is the greatest thing ever. Then politicians started sounding off. Demos snarked at Republicans last week about the iPhone during a House subcommittee hearing on wireless innovation. Rep. Ed Markey (D-Mass.) told the committee that the iPhone was the "Hotel California" of mobiles because of an exclusive deal Apple cut with AT&T to provide network service for the multimedia devices. (Apparently Markey’s one big pop culture moment was to listen to the Eagles’ famous ’70s song about a hotel where "you can check out any time you like, but you can never leave.")

CNET commentator Declan McCullagh spoke the latent convictions of many libertarian nerds when he responded to Markey’s analogy: "Apple makes the iPhone. It has every right to sell it via only AT&T if it wishes…. More broadly, Apple has the right to [make] iPhones only available for purchase on the third Monday of the month in even-numbered zip codes if it chooses." Activist group Free Press responded to ideas like McCullagh’s by starting a "Free the iPhone" campaign (freetheiphone.org) designed to spur the Federal Communications Commission and Congress to consider passing regulations that would force vendors like Apple to make mobile phones interoperable with all phone network operators so that consumers could choose which carrier they want.

Meanwhile, digital freedom lovers have been up in arms over Apple’s many closed-door policies for the phone. Not only are the damn things locked into using AT&T as a carrier, but iPhones are also designed to prevent users from writing additional software for them. Nothing but Apple-approved software may run on the iPhone. That means people who want to play music on the iPhone will have the same problems they have with iTunes on the iPod — you can put as much music on the phone as you want, but you can’t transfer it to another device. Nor can you choose a secure browser over Safari, or an e-mail program of your choice. Even free-software activist Richard Stallman is pissed about the iPhone, and he’s a guy who rarely gives little toys from Apple a second thought.

So what’s the big deal? Why do people even want a $600 phone, and why has this luxury device for the pampered techie become such a hot political issue? I think the answer to the first question is easy: the iPhone is the first truly cool convergence phone that combines multimedia with multispectrum goodies like Bluetooth, wi-fi, and of course, a phone network. Who doesn’t wish to combine phones, iPods, and laptops into one nifty thing?

That’s where politics come in. In the United States we have a long history of government regulations on the phone network, as well as on what can plug into the phone network, so naturally the public wonders what the government is going to do with the iPhone. Especially when other components of the iPhone, such as its ability to play music, touch on another government-regulated area: copyright law. And then there’s another issue that few people have commented on, which is that Apple’s chosen carrier for the iPhone, AT&T, has a history of letting the government spy on its phone networks. So every way you slice it, the iPhone is subject to government.

The iPhone is political because it somehow manages to capture the essence of authoritarianism in its shiny little box. Totally locked down, it runs only preapproved software on a prechosen phone network that is subject to government surveillance. Long live the iPhone! Long live democracy! *

Annalee Newitz is a surly media nerd who thinks the iPhone’s telephone network makes surveillance as fun as iTunes made DRM.

Gutting campaign reform

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EDITORIAL A bill that could gut many local campaign finance laws is zipping through the legislature with the support of both the Republican and Democratic parties — and only a few activists seem to be paying attention. We’ve written about the bill, AB 1430 by Assemblymember Martin Garrick (R–San Diego), on the politics blog at www.sfbg.com. It has already cleared the State Assembly, 77–0, and is headed to the State Senate floor, where only one member — Carole Migden of San Francisco — has come out in opposition.

The Republicans and the Democrats love this bill because it would allow their parties to use unlimited amounts of money to support local candidates. That’s become increasingly common in this state; when cities set strict limits on contributions to political candidates, the candidates simply ask their big-money backers to give the money to the state Republican or Democratic Party — which then funnels the laundered, uncontrolled, and often unreported cash into local campaigns.

In fact, the bill comes from the San Diego GOP, which is angry that the San Diego Ethics Commission tried to crack down on nearly a million dollars in unregulated money that went to local races last year.

The bill talks about "membership communications" — as if the parties were simple nonprofits that wanted to send newsletters to their members. That’s not what’s going on at all, and everyone with any sense knows it. Here’s the real story: while the federal and state governments have refused to do any real campaign finance reform, cities and counties all over California have tried to fill the gap. The San Francisco Ethics Commission — for all of its obviously failings (see "Whose Ethics?," 7/11/07) — has the authority and the mandate to regulate local campaigns far more tightly than the state’s Fair Political Practices Commission. So the big donors, working through the state parties, are trying to figure out ways to circumvent local rules.

The conservatives in the State Legislature love to talk about local control when it comes to workplace regulations, environmental protection, and schools — but when a bill like this comes along and threatens to eviscerate local control, they utter not a peep. Nor, for the most part, do the liberals, who are aligned with the Democratic Party and don’t want to defy its mandates.

The San Francisco Ethics Commission has asked Mayor Gavin Newsom and the supervisors to oppose this bill, but the board has taken no action, and the mayor says he actually supports the bill. That’s a disgrace: at the very least, the supervisors should pass a resolution opposing AB 1430 and force the mayor to veto it.

Migden, after talking to the folks at California Common Cause, the public interest campaign organization, took a bold stand against the measure, and she deserves tremendous credit for that. Now the rest of the senate — starting with Leland Yee of San Francisco and President Pro Tem Don Perata of Oakland — needs to go along and kill this monster. *

Importing injustice

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› news@sfbg.com

More than 100 tractor trailers were lined up at 6:30 a.m., inching toward the Port of Oakland’s Terminal 7, waiting for their next load. Against the backdrop of the San Francisco skyline, a mammoth freight ship emblazoned with the name Hyundai glided toward the port, pregnant with multicolor shipping containers.

A driver told the Guardian that he expected to be in line for at least two hours waiting to drop off the empty container attached to his big rig. His 1989 truck lacks air-conditioning, so the windows were rolled down, allowing diesel exhaust to pollute the air he was breathing.

It’s the same scene at many of the port’s other terminals: long lines of ancient trucks slowly snaking toward their destinations, their primarily immigrant drivers performing the essential and thankless task of transporting cheap clothes from Asia to the nation’s big-box retailers or helping to export California’s agricultural goods to Hawaii.

The fourth-busiest container port in the nation, the Port of Oakland is the economic engine of the region, providing thousands of jobs and more than $1 billion in revenue. But activists say that the port system has also led to sweatshoplike conditions for truckers and created a health crisis for the surrounding community.

On their poverty-level wages, truckers are usually able to buy only the oldest, most polluting trucks. Their diesel pollution is a major factor driving asthma rates through the roof in the neighboring, primarily African American neighborhood of West Oakland, where, the American Lung Association says, one in every five kids has asthma.

A new national coalition of labor, environmental, and community activists has advanced a proposal that would make all drivers employees with benefits, radically changing the way work is done on the waterfront and possibly heralding the return of the Teamsters to the ports for the first time in more than 20 years. In the process, the proposal would make the port’s biggest customers responsible for its environmental problems.

The coalition places the blame for the current situation squarely on giant retail shippers such as Wal-Mart and Target and is calling for them to be held accountable for the full environmental and labor costs of the cheap goods they sell — a call the corporations are strenuously resisting. The American Trucking Association, whose members contract directly with the corporation, has threatened a lawsuit if the change is adopted. But port officials have voiced a willingness to seriously consider implementing the proposal.

Having long claimed that the trucking industry is outside its control, the Port of Oakland could embrace the proposal as a means of satisfying community, environmental, political, and business concerns. With impending directives to clean the air coming from Sacramento, trade planned to almost double by 2020, two new Port Commission appointees representing labor and environmental concerns, and a federal antiterrorism tracking plan slated for this fall, the port is poised to play a leadership role that could reverberate up and down the West Coast and across the country.

THE TRUCKER’S LIFE


The Port of Oakland’s estimated 1,500 to 2,500 drivers are a far cry from the middle-class, long-haul Teamsters and the Smokey and the Bandit–<\d>style freewheeling rebels who have long been engrained in the American imagination. Instead, they are at the bottom of the port’s food chain and are the most exploited trucking sector in the country, consisting primarily of recent immigrants struggling to make ends meet.

Dawit Fre, 39, immigrated to Oakland from the small nation of Eritrea two years ago. "I wanted to see a better life," he told us. Fre was a driver in Africa and went to work for the Port of Oakland after his cousin told him people start their trucking careers there. He said he works up to 60 hours a week for one company, making the equivalent of about $8 an hour after expenses.

Fre arrives at work every day no later than 6:30 a.m., waits for dispatches from his company, and spends a minimum of two hours in line for each container he picks up or drops off. He is paid $42 for each load by the company. He doesn’t know how much the trucking companies make but has heard that some get $200 per load. He returns home around 6:30 at night.

"The whole time I’m at the port, I’m thinking about my family," he said. "I got children. The only thing I’m thinking inside the terminal is, how many moves am I going to do? Am I going to do four or five or three or two?"

On a good day he can get four, on a bad day as few as one, depending on the length of the lines and the generosity of the dispatcher. Then there are his expenses. As an independent operator, Fre is solely responsible for a tankful of diesel that costs him up to $250 a pop. DMV registration is $178 a month, and 12 percent of his weekly earnings goes to his boss for insurance on his truck, not to mention annual federal income tax.

He receives no benefits, no overtime pay, and no health care coverage at a time when his wife, a diabetic, is suffering from severe stomach complications. "I’m taking her to Highland Hospital," he told us. "If it’s easy for them to fix, they can do it. But if she has a big problem, they can’t do it."

Fre has his own health problems. "Most of the drivers, we have old trucks," he said. "You don’t have AC, your windows are down, and you get sick in the truck" from the diesel. Fre’s remedy for his persistent coughing and the burning in his throat is several glasses of milk after each day of work.

A 1998 study published in the Journal of Independent Medicine found that truck drivers face a risk of cancer 10 times greater than Occupational Safety and Health Administration–acceptable levels, and a 1990 study published in the American Journal of Public Health showed that truckers face nearly double the average lifetime lung cancer risk.

Fre has little money to invest in his truck, a ragged 1987 model that he said needs $5,000 in repairs. He doesn’t trust it on the freeway, so he’s asked his dispatcher to send him only from pier to pier, not outside the port, further dipping into his earnings. "I came here to see a better life," he said. "When I got here, I found it is different. Here we don’t get paid for the overtime. We don’t get benefits. When I get into the terminal, there is no respect."

His experience is typical of those of port truckers across the country. A study by the East Bay Alliance for a Sustainable Economy, a labor-affiliated think tank, found that the average Port of Oakland trucker makes as little as $8 an hour after expenses, works 11 hours a day, and spends two and a half hours in line per load. Almost none of the truckers reported receiving benefits on the job, and 66 percent don’t have health insurance.

This is consistent with data from a 2004 survey of port truckers in Los Angeles and Long Beach, conducted by a professor of economics at California State University Long Beach. That report found they had a median income of $25,000 a year after expenses and an average workday of 11.2 hours, with up to 33 percent of their time spent waiting in line.

Port truckers generally drive only the oldest, most polluting trucks because that’s all they can afford. An industry adage is that ports are "the place trucks go to die," a reality that has dire impacts on the surrounding communities.

POLLUTING THE COMMUNITY


West Oakland has long been a dumping ground for the Bay Area’s toxic waste. The community has one of the five highest asthma hospitalization rates in California, with an estimated 20 percent of its K–<\d>12 students suffering from the disorder, according to the ALA. Researchers at the University of Southern California have found that children living within a few hundred meters of freeways leading out of ports not only are more likely to suffer from asthma but also actually develop smaller lungs.

Margaret Gordon, a 60-year-old community health activist who has lived just blocks from the Port of Oakland for 15 years, told us that she and four of her grandchildren living with her all suffer from asthma. When one grandchild was born with severe asthma and her own asthma worsened after she moved to West Oakland, Gordon, then a housekeeper, started reading about the causes of asthma and made the connection to the port. Like many in the low-income neighborhood, she cannot afford to move elsewhere in the Bay Area.

Gordon has been fighting for clean air for more than a decade, and in April she was inducted into the Alameda County Women’s Hall of Fame for her work. In 2001, Gordon formed the West Oakland Environmental Indicators Project, which she now cochairs. The project has released more than half a dozen studies related to air quality. A 2003 report showed that trucks traveling through West Oakland in one day produce the same amount of toxic soot as 127,677 cars, leading to indoor air in some neighborhood homes that is five times more toxic than that in other parts of the city.

Still, Gordon told us that port officials are "only starting paying attention." Last year the California Air Resources Board passed a resolution related to air quality at ports and announced that it was developing a regulatory mechanism. A 2006 CARB report found that truck diesel exhaust accounts for the majority of the estimated 2,400 deaths related to freight transport each year and 70 percent of the state’s air pollution–<\d>related cancer risk. Freight transport will cost California residents $200 billion in health costs over the next 15 years. Most of this is borne by low-income communities of color near freight transport hubs.

The combination of state mandates and local community concerns is starting to spark a change. "They would sit down and talk with us before that, but there was not anything concrete done," Gordon told us. The port is now in the early planning stages of an air-quality-improvement program, working with Gordon and other activists.

That movement is getting vigorous new support from the Coalition for Clean and Safe Ports, a national partnership of labor, environmental, and community activists organizing at the country’s major container ports: Los Angeles, Long Beach, Miami, Oakland, New York–New Jersey, and Seattle.

"Every one of those ports has the same environmental and labor problems we have in Oakland," Doug Bloch, the coordinator for the coalition in Oakland, told us during a tour of the port’s heavy industrial landscape. Virtually all of its 900 maritime acres are covered by concrete and asphalt, monster cranes that inspired Star Wars‘ Imperial Walkers, and 20-foot steel containers stacked up like Legos behind chain-link fences.

The Port of Oakland has no direct relationship with its truckers at the present. Shippers take price bids from among roughly 100 trucking companies at the port, then contract the work to the independent-contractor truckers. The CCSP says bidding wars lead to poverty wages for truckers, older trucks and more pollution, and a chaotic port full of inefficiencies like long pickup waits.

Under the proposed system, ports would call on their ability as landlords to set standards for the trucking and shipping companies. They would require trucking companies to hire drivers as employees, shifting maintenance costs from the drivers to the companies, which would retrofit or replace all port trucks with more environmentally friendly rigs. The ports would allow only new, cleaner trucks to enter. The companies could then, in theory, pass the costs on to shippers and end users.

If drivers were paid as employees by the hour instead of by the trip, the coalition expects the market would reduce inefficient truck wait times and air pollution.

"When you rent an apartment you sign a lease," Bloch told us. "If you trash the place, you get evicted. Corporations are trashing this community, but they’re not being evicted."

A test case could soon be under way at the ports of Los Angeles and Long Beach, the two largest in the United States, and the situation is being closely watched by ports and industries across the country. Port commissioners there had hoped by the end of this month to approve the coalition’s program, which they expect to reduce diesel truck emissions by as much as 80 percent over the next five years. But growing opposition and the threat of lawsuits by groups like the California Trucking Association, which represents the owners of truck companies, and the Waterfront Coalition, a consortium of major retailers, led the ports to delay their decision. The commissioners now expect to vote in September after completing an economic impact survey.

At the center of the storm is the fact that as employees, truckers would be able to organize and form a union. As independent contractors, they are barred from doing so because of antitrust laws originally created to oppose vast enterprises that dominated industries. (A further irony is that giant retail steamship companies have experienced incredible consolidation and enjoy a limited antitrust immunity.)

If passed by LA port officials, the plan would be implemented there starting Jan. 1, 2008, and could result in a domino effect at the other, smaller ports across the country. "The industry is fighting like hell in LA," Bloch told us. "They know that if they’re going to have to pay, the party’s over."

Meanwhile, Bloch told us that more than 1,000 truckers have signed a petition asking the Port of Oakland to pass a version of the coalition’s proposal, and it will be presented to the Port Commission, the seven-member body that would eventually vote on the proposal. Spokesperson Libby Schaff told us that the port "agrees with the coalition that the port can and should have a more direct relationship with its truckers" and is "very seriously considering the coalition’s proposal."

Because the proposal "constitutes a major overhaul of the way trucking is done today," Schaff said the port is currently holding stakeholder meetings with residents, truckers, terminal operators, elected officials, the business community, and labor to consider it in the context of a more comprehensive port plan. Schaff said a comprehensive plan could be crafted in less than a year.

The port has not taken a position on granting truckers employee status. It is also looking into other funding mechanisms for a clean-truck program, including money from a pending state bill that would impose a $30 fee on every 20-foot-equivalent unit passing through the Los Angeles, Long Beach, and Oakland port complexes, to be used for improvements in road and rail infrastructure and for clean-air programs.

The legislation, Senate Bill 974, by Alan Lowenthal (D–Long Beach), would generate more than $525 million annually. But it faces tough opposition from some very powerful interests.

RESISTING CHANGE


Bill Aboudi, president of Oakland’s AB Trucking and a member of the CTA, told us truckers are "treated like second-class citizens," and he believes long lines and trucker asthma are serious problems. But he strongly opposes the coalition’s proposal. Instead, he told us, state regulations like those forthcoming from CARB and other piecemeal reforms are the answer.

"The coalition’s main goal is to unionize the drivers," Aboudi said. He was wearing a baseball cap emblazoned with two American flags and the words "Oakland Trucker." An immigrant from Israel, he has been at the Port of Oakland since 1992. "If these guys choose to be owner-operators, why are you rocking the boat? You can’t be playing with my livelihood just because you want to get union dues," Aboudi said. "Truckers want to own a piece of the American dream. They want to own their own truck."

It’s an appealing image to many. Kevin Leonard, an owner-operator trucker who contracts with Aboudi and others, told us he doesn’t want to give up his independent status. "I have the freedom to work when I want," he said. "I don’t see how the Teamsters can represent me better than I can."

The trucking industry as a whole says the coalition plan will force away trade and drive out small trucking companies, which will have to maintain the trucks and start paying benefits such as health insurance and workers’ compensation.

Yet Assemblymember Sandré Swanson (D–Oakland) brushed aside those arguments. "I’ve been involved in Bay Area politics for more than 30 years," he told us. "I’ve seen these same claims made against farmworkers as they were organizing for better conditions. I’ve seen these arguments made when we were raising the minimum wage. I think the opposite is true. If you have a workforce with a livable wage, it’s a more productive workforce, and I think everyone benefits. Truckers deserve more, and we’re going to do what we can to help them."

Oakland City Council president Ignacio de la Fuente, who drafted and helped pass a minimum-wage law for port employees, told us he supports the right of truckers to unionize but labor and environmental concerns must be balanced with economic growth. "You can’t ignore the fact that you have the port of Oakland competing with other ports," he said. "I support the fact that the Teamsters are going to bargain collectively on a national level. This port competes with other ports, and you cannot be put at a disadvantage."

Bloch says the coalition’s target is the shipping companies, not the trucking companies. "The shippers are hiding behind the trucking companies," he told us. "On the one side there are the giant shipping companies, like Wal-Mart and Target, huge global companies that demand low prices from trucking companies. On the other side are tiny trucking companies, immigrant truckers, and communities of color. Wal-Mart’s slogan is ‘always low prices,’ but ‘always low prices’ means one out of five children in West Oakland with asthma and drivers making $8 an hour who can’t support their families."

Oakland mayor Ron Dellums may be signaling his support for reform with two new appointees to the Port Commission. Even before he took office, Dellums was working to influence the Port Commission; as mayor-elect, he requested that outgoing mayor Jerry Brown hold off on appointing a new nominee so Dellums could appoint someone working on environmental and community impacts. He lost this battle when a majority of the city council voted to appoint Mark McClure, the director of marketing at a business technology company focused on security.

Dellums’s latest appointees, announced earlier this month, are a marked contrast to the business-oriented appointees of the Brown era: Victor Uno, a financial secretary with the International Brotherhood of Electrical Workers, and Gordon, the longtime resident and environmental activist in West Oakland.

"The port’s policy has been all about business and not about the people," Gordon told us. "The mayor really wants someone there to talk about health issues. I have never known a mayor to put someone on the commission and one of their engagements is to talk about health." She would also like to see a public participatory-process policy built into the port. "This is about sharing the power," Gordon said. "I don’t think West Oakland residents know they have power." She has "no problem" with truckers unionizing but also wants to find a way for drivers to remain independent contractors if they prefer.

Uno told the Guardian that he is highly supportive of the proposal. "I think that if the whole commission takes the lead of Mayor Dellums that this proposal will be very seriously considered," he said. "I’m very optimistic." Asked if he thought a proposal could succeed without requiring trucking companies to hire truckers as employees, he said, "I do not see how that is possible, given the lack of regulations in the trucking industry. It’s a dog-eat-dog world among independent truckers."

DEREGULATION HISTORY


The ports were not always structured as they are now. Before the 1980s the Interstate Commerce Commission regulated trucking, and most truckers at California ports were members of the Teamsters. They had health care, pensions, and workers’ compensation insurance and were paid a middle-class wage.

As part of a national push toward deregulation in the late 1970s, Congress, spurred by President Jimmy Carter, deregulated the trucking industry in 1980. In the following few years, a flood of new trucking companies entered the ports, with shippers choosing between a growing number of companies for each job. As small trucking companies undercut one another in bidding wars, the falling rates translated into declining driver pay, the bankruptcy of Teamster-organized companies, and increasing reliance on independent contractors whom companies could hire without spending money on payroll taxes, health care costs, or other benefits that unions might try to extract.

Trucking expert Michael Belzer, an economics professor at Wayne State University, has shown that long-haul truckers now earn less than half of prederegulation wages and work an average of more than 60 hours a week, while retailers like Wal-Mart have thrived. "The low rates paid to truckers in this global-trade game acts as a subsidy for increasing the amount of trade," Belzer told us. "Pollution and safety hazards are the negative externalities." If all ports on the West Coast required employee drivers, he said, "the market result would be that cost and safety would go up, and pollution would go down."

There have been a handful of Teamsters-related or trucker-led rallies and work stoppages at the Port of Oakland since deregulation, including a technically illegal strike in 2004 protesting the soaring price of diesel fuel, which virtually shut down the port for eight days. Many of the same complaints of today’s port truckers were aired at that time — long waits in lines, poor pay, long hours, and no benefits.

"This business is like the Mafia," Lorenzo Fernandez, 36, said, standing in front of two metal taco trucks glinting in the noon sun, along with about a half dozen other truckers on their lunch break. "They’re doing whatever they want with us, between the [truck companies] and the shippers. There is so much competition between the companies, and they know that we need the job. They know that our kids will go hungry."

Muhammad Khan, 33, said he’s sometimes forced to make up for long wait times by driving dangerously fast on the freeways. "We have our families. We have to take care of them. We all risk our lives because we have to. We don’t make enough money if we don’t make a load," Khan told us.

"We’re all immigrants here," Fernandez said. "We make it possible for the economy to grow up, but they’re stepping on our faces…. We have to work together. Otherwise we are going to be slaves for life."

A sign on a chain-link fence near the taco trucks reads, "Got an old truck? The Port of Oakland can help! Replace your old truck today!" Call the number at the bottom of the sign, and a recorded message issues an invitation to an informational barbecue that took place four months ago. The message explains that the port will provide qualifying owners with up to $40,000 to replace trucks dating from 1993 or before with a 1999-model truck. But Schaff told us, "Due to overwhelming demand, new applicants are currently not being accepted."

Money for the program came from a $9 million settlement of a lawsuit West Oakland residents filed against the Port of Oakland in 1998, alleging that their health was being harmed by port operations. The port says it will replace a total of 80 of the estimated 2,500 port trucks with those funds. When asked if the port had a responsibility to truckers, Schaff said it was "consistent with the port’s commitment to social responsibility…. We’ve done a lot, and we’re going to do more."

But the only specific programs the port could point to were the truck replacement program, a trucker access committee and working group started after the 2004 strike, and new GPS cell phone technology that is being touted as a solution for bottlenecks. Chuck Mack, the Teamsters’ Western Region vice president, isn’t impressed. "They’re a joke," he said of the programs. "Very few independent contractors have utilized them."

The recent purchase of the GPS system particularly irritates Mack. "Here is a quasi-governmental agency supplying services to the trucking companies," he told us. "It’s bizarre that we’re using taxpayer money for this. Any other industry would buy the devices themselves."

"We don’t disagree with using this money" for truck replacement, Mack said, "but what you’re doing is blowing $2 million in taxpayer money. Years down the road they’re going to need a new truck and another million in taxpayer money. For Wal-Mart and Target it’s great because they can have the taxpayer pick up the bill. Without changing the model, it’s just a short-term fix at the expense of the taxpayer."

EMPLOYEE BENEFITS


Beyond the environmental and economic benefits of making truckers employees of the companies, the change also might improve port security. The federal Transportation Worker Identification Credential program, expected to be implemented in the fall, will check the identities of the nation’s 750,000 port employees, 110,000 of whom work as truckers. Under the present system, there is no way to track the independent port truckers.

Employees are easier to track, and they are also better for port security in other ways. Among low-paid port truckers, turnover rate is extremely high, according to the ATA. "We all know that having a stable, well-trained, reliable workforce only leads to more security," Bloch said. "If they’re trained, they can be the eyes and ears of the port."

Well-paid truckers also would lead to safer ports. In a 2005 report, Belzer showed that "a substantial fraction" of independent operators actually loses money each year, resulting in "a high risk of unsafe operations among those earning the least money." The low compensation also "presents a national security risk," his report read, "since those who desperately work to break even might be at risk to engage in activities that put the nation at risk, whether intentionally or unintentionally, just trying to find a way from not going under."

Driving past another long line of trucks idling outside a gate after lunch break, Bloch pointed out one truck. A placard on the back of the rig read, "End sweatshops on wheels."

The current port system "just heaps abuse and abuse on these truck drivers and this community," Bloch told us. "The big businesses like Wal-Mart don’t pay the cost of polluting Oakland. It’s the truck drivers and the community that pay the cost. People pay with their lives."

"You can’t fix the environmental problems without fixing the problems of the driver," he said. "And now you have labor and the community coming together, and that’s powerful."*

No suprise, but still noteworthy

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By Tim Redmond

I’m impressed that Dr. Richard Carmona actually came out and said what everyone in Wsshington knew was going on — that even doctors couldn’t provide accurate and true information to the pubilc if it interfered with the Bush Administration’s political agenda. The details are pretty stunning:

Carmona said he also ran afoul of politics on teen pregnancy prevention. Although the administration emphasizes abstinence from sexual relations, Carmona said he believed a variety of approaches was needed, including contraception for teens who are sexually active.

The administration “did not want to hear the science … but wanted to preach abstinence, which I felt was scientifically incorrect,” Carmona testified.

On the issue of stem cell research, Carmona said he found much of the discussion within the government “devoid of science.”

When will it end?

Hyphy and its discontents

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› a&eletters@sfbg.com

"Hyphy is here to stay because hyphy was created in the streets and the streets will be here forever."

E-40 in an e-mail, June 28

Send a 911 to the 415 and 510: does hyphy have a pulse? Several articles in recent months have suggested the answer is no. A May 13 San Jose Mercury News article, "What Happened to Hyphy?" by Marian Liu, for example, insists that a year ago, "the Bay Area seemed poised to become the center of the hip-hop universe," when, we are told, the genre "was ubiquitous at clubs, on the streets and on local radio stations." Now hyphy is "listless, with even local popularity beginning to dissipate."

This account of the rise and fall of hyphy is exaggerated to the point of fiction. Bay Area hip-hop has, of course, been cracking for at least two and a half years, following a long post-Tupac period of commercial decline now referred to as "the drought." But while the amount of local spins Bay Area music received increased, hyphy was never anything like ubiquitous on the radio. The small number of major-label signings never threatened to displace any presumed center of hip-hop’s stubbornly regional universe nor does such an image convey what’s been at stake in the Bay’s struggle for recognition.

According to the Arbitron radio ratings system, San Francisco is the fourth-largest market in the country, after New York City, Los Angeles, and Chicago. This figure includes Oakland but not Sacramento or San Jose, which are classed as separate markets but are considered by everyone from the rappers to the media and the listeners as part of the Bay Area in terms of hip-hop regions. All Bay Area artists want is to be treated like other rappers in similar areas of the country. Rappers from smaller markets like Houston (number six), Atlanta (number nine), Miami (number 12), and even St. Louis (number 20) routinely receive local airplay, major-label deals, and national exposure.

Only the Bay is denied such opportunities. While the publicity of E-40’s 2005 signing with BME/Warner Bros. scored hyphy coverage in national media like USA Today and secured the Bay its own episode of MTV’s region-oriented rap show, My Block, the music hasn’t had a chance to blow up. With the exception of E-40 — whose gold-selling 2006 album My Ghetto Report Card (BME/Warner Bros.) ensured a Warner Bros. release of his upcoming The Ball Street Journal — no Bay Area hip-hop artist has been permitted to drop a big-label full-length in the past two years. Albums by the Pack on Jive, Mistah FAB on Atlantic, Clyde Carson on Capitol, and the Federation on Warner Bros./Reprise have all experienced frustrating delays, fostering the notion that hyphy is foundering. But not everyone agrees with this impression.

DEAD OR ALIVE?


"How can hyphy be dead when the key players are still there?" 19-year-old producer extraordinaire and Sick Wid It Records president Droop-E asks. It’s a good question, for if the short history of the hyphy movement has proved anything, it’s that there’s no lack of hot Bay Area acts, from vets like Keak Da Sneak to new artists such as FAB to rappers who came up during the drought and didn’t get to shine, like Eddi Projex (formerly of Hittaz on Tha Payroll) and Big Rich (once of Fully Loaded). Carson, the Jacka, Beeda Weeda, J-Stalin, the Federation, Turf Talk, Kaz Kyzah, San Quinn, Messy Marv: the list of major-label-level talent only begins here, and the extent to which any of the above identify as hyphy hardly matters, inasmuch as for the rest of the country, hyphy stands for Bay Area hip-hop.

Many of these rappers predate hyphy, and while the word definitely has musical signification — it’s a fast, club-oriented sound inspired by crunk but transformed by electronica and techno flourishes — its most important function has been as a marketing tool to direct national attention back to the Bay. To write off hyphy as a passé trend is, in this sense, to write off the region, leaving the Bay back where it started.

Further complicating any so-called postmortem analysis of hyphy is the fact that the term also refers to the Bay Area culture of disaffected hood youths known for white Ts, dreadlocks, and ghost riding. "Hyphy is part of the street," Droop-E affirms, noting that the culture emerged before the name was attached or the music drew attention to it. The merging of this culture and a particular hip-hop sound in a single term is what makes hyphy so potent a concept, functioning in a manner akin to the word psychedelic in the late ’60s. This union between a lifestyle and an aesthetic is the chief justification for considering hyphy a movement, however vaguely articulated.

"The hyphy movement reflects what’s going on in the streets," Federation producer and national hitmaker Rick Rock says. "That will never die, as far as that goes. The kids are going to be hyphy. But the music — you don’t have to say ‘hyphy’ to do a hyphy song. If people are saying ‘go dumb’ on 10 different songs on the radio, then you’re shooting yourself in the foot."

Traxamillion — another architect of the hyphy sound and producer of Keak’s local number one hit "Super Hyphy" — agrees the music could be "losing its edge due to oversaturation of the same topics: scrapers, purp, pillz, shake ya dreads, and stunna shades," underscoring the tension between hyphy and a region whose rappers pride themselves on originality. Yet if hyphy’s lyrics often suffer from an overreliance on now-established slang, the limitations of its subject matter hardly seem greater than that of mainstream rap; the high-fashion emphasis of East Coast rap is infinitely more tedious.

In any case, Rock’s response has been to reinvigorate hyphy through the innovative impulse that led to its current form. "That hyphy sound I blueprinted, I don’t have to stay with it," Rock says. "Hopefully people will gravitate toward the new music, and that’ll be the new hyphy."

NEW SICK SOUNDS


Rock is leading the way with the Federation’s thrice-delayed It’s Whateva — finally to be released by Warner Bros. on Aug. 14 (see sidebar) — and his production on "I Got Chips," the guitar-driven first single off Turf Talk’s West Coast Vaccine (Sick Wid It), released in June. One of the year’s most anticipated Bay full-lengths, Vaccine more than fulfills its buzz. Besides the excellence of its composition as an album, it displays Turf Talk’s tremendous artistic growth in the number of flows he adds to his characteristic bark, from a whisper to a lazy drawl to a hyperactive bellow.

While Droop-E confirms that several major labels expressed interest in Vaccine, ultimately none pulled the trigger. Yet deals of various sorts keep trickling in, most recently for Keak, whose camp confirms his recent signing to national independent Koch. Tha Mekanix production squad is negotiating a rerelease of J-Stalin’s On Behalf of the Streets (Zoo Ent., 2006) through one of the biggest independent distributors in the States, Select-O-Hits. And more major-label ice has begun to thaw, as the Team member Carson reports that Capitol is leaning toward a mid-October release of his solo debut, Theatre Music.

"It’s going to be real good for the Bay," Carson says of his ambitious project, originally conceived as one continuous track, à la Prince’s Lovesexy (Warner Bros., 1988), though Capitol has nixed this risky idea. Yet Carson insists the album "will still be one body of music." Cobranded by the Game’s Black Wall Street Records and boasting appearances by the multiputf8um rapper, Theatre Music finds Carson busting over big-time beatmakers like Scott Storch and Wyclef Jean, and it’s hard to imagine Capitol squandering such resources.

SO HARD ON THE FUNKY RADIO


Another symptom of hyphy’s alleged demise, offered in the Merc and elsewhere, is its lack of current radio play. Yet if there’s been no recent hit on the level of Keak’s "Super Hyphy," it’s because KMEL and other hip-hop stations have withdrawn support for local music.

"The radio play on the hyphy movement has definitely slowed down," Traxamillion says. "They play a few Bay joints here and there, but overall I feel a lot of the radio play is coming to a halt."

Mistah FAB, for example, has a pair of new singles, "Goin’ Crazy," highlighting Too $hort and D4L of "Laffy Taffy" fame, and "Race 4 Ya Pink Slips," with Keak and Spice 1. But you’ll never hear these on KMEL, as the station has stopped playing FAB.

"It’s the politics of radio," says FAB, who claims that since he accepted his Friday-night radio gig at KYLD, he’s been subject to an unofficial ban at KMEL, courtesy of musical director Big Von Johnson — though both stations belong to Clear Channel. "As an artist, I find this hard to accept," FAB confesses. "As a businessman, I realize why." Nonetheless, FAB was surprised that ending his radio show had no effect on the ban.

"It hurts the movement," he says, and he’s right. His 2005 radio hit "Super Sic Wit It" was one of the catalysts of hyphy, bringing other local music in its wake. "If we can’t get the support here at home, how can we expect to break nationwide?"

FAB has a point: local rap needs radio to generate sales, which in turn generate label deals. At press time, Johnson hadn’t respond to several requests seeking his side of the story, yet the Arbitron ratings speak for themselves.

In summer 2006, when it was playing hyphy, KMEL was the number two station in the market, after KGO-AM talk radio. That winter, when it began slacking off, KMEL finished at number seven, tied with KYLD. (Spring ratings aren’t yet posted.) This is difficult to reconcile with the claim that hyphy’s popularity has dissipated. Yet while hyphy — and by extension, Bay Area rap — may never break nationally if KMEL doesn’t support it, even fewer people will tune in to KMEL if the station doesn’t play it.

Nearly every Bay Area rapper I’ve met seeks what Messy Marv once called "that major label shine." Yet the lack of hyphy-era major-label-deal flash — or rather follow-through — thus far may stem more from the general decline of the corporate music system than from the strength or weakness of local hip-hop. Fewer major-label albums are being released now compared with earlier periods of pop, and those imprints are generally taking fewer chances and are often unable to move fast enough for rap. Radio, moreover, has lost at least a portion of its audience to Internet alternatives like MySpace and YouTube, both of which FAB credits with mitigating the impact of absent radio play. Given the fact that a popular independent artist can potentially make more money — at the price of much glory, perhaps — than many bigger names, it’s hard not to wonder if the major labels do hip-hop more harm than good. It’s something to consider as we wait to see if the Federation’s new album, whateva its final form, keeps hyphy’s momentum alive.*

The truth about housing money

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OPINION Just as in war, in 2007 San Francisco budget politics, truth is the first casualty.

Nowhere is this more obvious than in the assertions by Gavin Newsom’s campaign minions that the mayor’s current budget proposal contains a $217.5 million city investment in affordable housing.

The purpose of these claims is to imply that Newsom has voluntarily allocated local tax dollars for this critical need — and that no more should be spent on affordable housing, especially some $10 million for lower-income rental housing production for families with children proposed by Supervisor Chris Daly and the Board of Supervisors.

The facts tell a different story.

First, the impression that this $217.5 million is all local tax money the mayor has voluntarily invested in affordable housing is false. Some $20 million is federal and state money that can be spent only on affordable housing. Another $25 million comes from local sources and also must be used for affordable housing. And $48 million comes from tax-increment funds mandated by a 2005 supervisors policy to go solely toward affordable-housing development.

So about 40 percent ($93 million) of the affordable-housing funding that the Mayor’s Office talks about was money that by law had to go to affordable housing. It wasn’t Newsom’s choice.

Nearly a third of the mayor’s budget for creating affordable housing — some $60 million — is in fact allocated to fund his Care Not Cash program, which was supposed to pay for itself. Indeed, more than twice as much money, $31 million, is earmarked to pay for privately owned, leased residential hotel rooms for temporary housing of the homeless (not producing one new affordable home) as is budgeted for the production of new, permanently affordable lower-income family rental housing ($15 million). The fact is, the 2007–08 Newsom budget cuts $24 million in funds earmarked for new affordable-housing production for families and seniors.

What is most distressing about the half-truths and nontruths in the affordable-housing budget battle of recent days is that the unity between the mayor and the Board of Supervisors — crucial to the expansion of affordable-housing opportunities for San Franciscans and which has characterized the city since the George Moscone administration (some 25,000 permanently affordable homes have been produced in the past 20 years, a figure unmatched in any other mayor American city) — has been placed in peril for short-term political advantage.

But cooler heads have prevailed inside and outside City Hall. Sometimes it is better to shut up and do what needs doing and let the credit fall where it may.

Which is why, when the dust settled last week, no one shouted about the $10 million that was quietly added back into the budget for permanently affordable family-housing production.

But we should all be clear: if we want San Francisco to be as economically diverse as we all claim, then we have only just begun to find the funds needed for more affordable housing. While it may or may not be true that you can never be too rich or too thin, it is most certainly true that San Francisco never allocates enough for affordable housing. *

Calvin Welch is an affordable-housing advocate who lives in San Francisco.

The golf club

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› news@sfbg.com

For the better part of a century, San Francisco’s public golf courses have offered players relatively inexpensive rates, belying the view of some that this is an elitist sport incompatible with progressive civic governance. But since a botched revamp of the Harding Park course several years ago, golf operations have landed in the rough, siphoning large sums from city coffers every year. Now Mayor Gavin Newsom and his Recreation and Park Department claim that private businesses would do a better and cheaper job of running three of the city’s most valuable links.

Sup. Jake McGoldrick and other privatization opponents say outsourcing control of the Harding, Fleming, and Lincoln courses would inevitably lead to less access for the general public and higher costs. "A lot of folks don’t realize that the Golden Gate Yacht Club and the St. Francis Yacht Club are public assets that are now run as private membership clubs, elitist things," McGoldrick told the Guardian. "That’s certainly the way this could go."

McGoldrick has called for the formation of a Golf Course Task Force to explore nonprivatization solutions, including converting some of the courses into parks or open space, as the Neighborhood Parks Council has urged. On July 10 the Board of Supervisors will decide between McGoldrick’s plan and Rec and Park’s "hybrid management" resolution, which would award leases of 20 to 30 years for the courses. Political handicappers say the vote could go either way.

In addition to their concerns about prices and accessibility at privately run links, McGoldrick and others have serious reservations about who will run the courses if the mayor’s plan succeeds. No one we spoke with could name potential bidders with any certainty, but if the past is prologue, the choice is likely to involve political cronyism.

Golf advocate Sandy Tatum engineered the deal that turned Harding Park over to the management of Kemper Sports, which has been accused of overspending public funds and turning the course into a huge drain on the city treasury. Kemper also rents space to Tatum’s First Tee program. More recently, another nonprofit started by Tatum and former city attorney Louise Renne initiated and funded a study for Rec and Park that recommended more privatization by turning over courses to entities such as theirs.

The SF Weekly, which has run stories critical of the city’s golf privatization scheme, revealed a 1990s deal that privatized a city-owned course near Burlingame and, in what it deemed a corrupt selection process, handed control of the course to former Willie Brown staffer Tom Isaak.

In 2004, Tom Hsieh, one of Newsom’s key campaign consultants, submitted the sole bid for control of Gleneagles Golf Course in McLaren Park. Neither Hsieh nor his business partner, real estate investor Craig Lipton, had ever run a golf course before winning the contract for Gleneagles. But what really raised eyebrows around City Hall were the terms of the deal. Any lease of more than 10 years would have needed approval by the Board of Supervisors, so Hsieh and Lipton were given a nine-year contract.

"That was a very obvious and blatant end run around the contract requirements of the Board of Supervisors," McGoldrick told us. Hsieh, he went on to say, "is one of the mayor’s good buddies, and he got himself a nice contract out there."

Rec and Park spokesperson Rose Dennis defended the lease agreement with Hsieh, telling us, "At the end of the day, he legally got the concession. It wasn’t like it was put down to a nine[-year contract] to screw anybody. That would suggest a level of sophistication that Rec and Park just doesn’t have."

Reached for comment, Hsieh bristled at the suggestion that he landed the contract because of his ties to the mayor, writing in an e-mail that the mere suggestion was "a scurrilous attack motivated by politics." Hsieh did not answer our repeated requests for information about wage levels at the Gleneagles course and the number of groundskeepers employed there. McGoldrick and sources in the industry assert that one of the main ways private managers would make money from the other courses would be to reduce labor costs.

Sup. Sean Elsbernd, one of the privatization plan’s strongest backers, conceded that some past golf contracts have been "questionable," specifically in the case of Hsieh’s deal. But he said the supervisors would oversee the leasing process this time to avoid cronyism and the kind of spending excesses allegedly committed by Kemper Sports. They would also mandate that new managers continue to employ union employees.

Unlike the city, Elsbernd argued, private businesses could invest large sums of money in rehabilitating the courses, especially Lincoln. "When it gets that kind of [cash] infusion," Elsbernd said, the course "is going to see a turnaround in revenue so that you can actually justify charging higher fees."

That is exactly the kind of scenario privatization foes fear: more exclusive golf courses on public land that raise greens fees beyond ordinary people’s means. "These courses are untapped gold mines," said golf instructor, former pro, and activist Justin Hetsler, who has formed a nonprofit group, Golf San Francisco, to lobby against the mayor’s plan. "But every penny spent at the courses should go back into them, not into someone’s pocket as profit." As for capital improvements, Hetsler, who also works as an accountant, argued, "The courses’ future revenue streams can secure credit for improvements. That does not require privatization."

For McGoldrick, this debate is about far more than golf courses. "I don’t even play golf," he told us. The push to outsource control of the links, he said, reflects a larger philosophical battle about what to do with publicly owned resources. "The mayor is a pro-privatization kind of guy. That’s his MO…. We’re seeing this happen all over the place, not just San Francisco. But for me, it’s just painful to watch city assets [be] given away. It really kicks me in the gut." *

The ethics of Ethics

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Part one in a Guardian series

› amanda@sfbg.com

Back in 2002, Carolyn Knee did what many other citizens of San Francisco were doing — she volunteered her time and energy campaigning for a ballot measure she hoped would pass.

Five years later the retiree living on a fixed income has found herself threatened with $26,700 in fines levied by the Ethics Commission enforcement staff, who turned up several alleged violations of campaign finance laws during a random audit of San Franciscans for Affordable Clean Energy, the committee for which Knee was a volunteer treasurer.

At a June 11 probable cause hearing before the Ethics Commission, investigator Richard Mo itemized several infractions, including failure to report $19,761 in contributions on time, in addition to another $9,500 that came in right before the election but wasn’t reported until afterward; failing to notify two organizations that they were major donors who needed to file as such (one of which was the Guardian); not providing all the required information about two donors; and disparities between bank account statements and campaign finance reports.

Mo alleged Knee had "cooked the books," saying she "takes no responsibility" and "claims she was ignorant of the law, passes the blame on to her personal accountant. She cites her inexperience as a treasurer when in fact she served as treasurer for one prior committee."

It sounds like a litany of campaign crime, with Knee as the linchpin, but she maintains that none of it was intentional and that many of the reporting mistakes were made by her accountant, Renita Lloyd-Smith of the Simon Group, a company she’d hired to handle the complicated ledger of campaign finance reports. "Perhaps I was wrong in placing confidence in someone I had to hire because I didn’t know the rules," Knee told the Ethics Commission. "It was all in good faith. It was all done in love of my city. But I’ll never do it again."

Those words have a dual meaning: Knee hopes never to make another financial mistake, and she’ll never again take on the risk of steering the financial helm of a grassroots campaign.

Ethics Commission hearings such as this are usually held in closed session, but this one was opened at Knee’s insistence because she suspected she’s not the only one who’s had difficulties handling campaign finance laws or negotiating fair settlements. It was the first publicly aired probable cause hearing in the commission’s 13-year history, and both commissioners and attendees walked away with questions after issues of perceived bias and a lack of timeliness in the investigation were raised, as well as the possibility that the fines being threatened are inflated and arbitrary.

"There’s only one department in the city and county of San Francisco with no oversight — Ethics," Joe Lynn told the Guardian. Lynn is a former Ethics commissioner and staffer who still watchdogs the agency and has been openly critical of the laxness he perceives there.

His question is one of many about the commission: How does the staff conduct its investigations? Should smaller campaigns staffed with volunteers be handled differently than larger, more professionally managed operations? If resources are tight, should Ethics be more focused on going after the big guys? If the commission had more resources, would the public benefit from both a greater understanding of campaign laws and a more open, honest, and just government?

SFACE raised a little more than $100,000 during the 2002 election season (including about $29,000 from the Guardian and editor and publisher Bruce B. Brugmann), but the measure it supported — Proposition D, which would have allowed the city to set up its own public power system and break ties with Pacific Gas and Electric Co. — failed.

PG&E spent more than $2 million defeating Prop. D, $800,000 of it in the final days of the race, which campaign attorney James Sutton, the treasurer of the utility’s front group, San Franciscans Against the Blank Check, didn’t report until nearly a month after election day, a violation of campaign finance laws. That act likely scored SFACE’s opponents the win.

The Ethics Commission staff launched an investigation, and in 2004, Sutton’s old law firm was fined $100,000 — the largest amount ever levied by the city for breaking election laws. The state Fair Political Practices Commission also slapped Sutton with $140,000 in fines for vioutf8g the Political Reform Act (see "Repeat Offender," 10/27/04).

At Knee’s recent hearing, Lynn, who was once a finance officer for the Ethics Commission, pointed out she was being fined 14 times what Sutton was fined, and if the same formula had been applied, his fine would have been nearly $1.5 million. "You can’t change the standards arbitrarily," Lynn cautioned the five commissioners. "You need to establish standards for these fines, and you need to keep them across the board."

According to the governing law, which mirrors state mandates at the FPPC, commissioners may levy a fine of up to $5,000 or three times the amount of the violation, whichever is greater. Knee’s fine could be as much as $230,000, and Sutton’s could have been $2.4 million — about the same amount that it costs to run the Ethics office for a year.

The Ethics Commission has never imposed the maximum fine, and executive director John St. Croix doesn’t like to draw comparisons between campaigns. "They’re like snowflakes, very different," he said.

A review of the past three years of enforcement history, posted on the commission’s Web site, bears out this truth and shows fines ranging from a sliver to as much as half of the contested amount. In many cases, fines are dismissed completely for financial hardship reasons. The commission does not abide by a formula, fearing that would handicap it during negotiations, but a number of considerations are weighed, including the experience of the campaign treasurer, the appearance of intent, the overall outcome of the election, and a willingness to make right.

Eric Friedman, spokesperson for New York City’s Campaign Finance Board, considered by many good-government activists to be the national gold standard for ethics groups, said its members use similar tactics for settlements, but "the structure that they follow is precedent. They’ve seen pretty much everything at this point." New York’s board is about five years older than San Francisco’s and audits all campaigns.

According to investigator Mo, the $26,700 in fines pointed at Knee was an "opening salvo" designed to inspire negotiations, which have not been smooth. Knee and her pro bono lawyer, David Waggoner, initially offered $500 to settle. Ethics continued to press for more, but Knee didn’t flinch. "I don’t think I should have to pay anything," she said, pointing out that Oliver Luby, the commission’s current fines officer, recommended a complete waiver of all fines. St. Croix said Luby doesn’t work in the enforcement division and doesn’t know all the facts of the case. The current settlement offer from Ethics is $267, which Knee is willing to accept if the commissioners agree.

It’s unclear how often such hardball is played. "Frankly, we took that settlement because that’s what they were willing to pay," St. Croix said of the Sutton case. So too with a $17,000 fine imposed on Andrew Lee for a variety of campaign finance violations (see "Enforcing Equity," 5/2/07). St. Croix said that was what Lee was willing to pay on the spot.

"I’m not sure we could set a standard," said Commissioner Eileen Hansen, who thought both the Lee and the PG&E fines were too low and said if that’s the bar, it should be raised. She pointed out that the law does provide guidance, but read literally, it could mean exorbitant fines for the same slipup echoed through a whole season of paperwork. "I think it’s a good thing to have the law," she said, but "some should pay the maximum amount and some should pay less."

"I’m happy to pay $250 to get it out of the way," Knee said. "This has taken so much of my time and energy." When asked about her audit experience, she replied, "I would never do this again. It totally discourages grassroots" campaigns.

A legal assistant for 25 years, Knee was not a professional accountant but did have experience doing some bookkeeping. "The IRS is like kindergarten compared to the Ethics Commission," she said.

David Looman, a professional treasurer who’s currently managing about 10 campaign accounts and undergoing three audits by the Ethics Commission, agrees that the potential liability is a huge risk. "Twenty years ago when I started in politics in this town, nobody paid for a treasurer. Nobody had a lawyer. Nowadays you’d be crazy not to do both," he said.

The audits in Looman’s cases involve small grassroots campaigns similar to the one Knee oversaw. "There’s no good business principle for why these people should be audited," Looman said. "The fewer resources you have to employ, the more intelligent your decisions should be for how to employ them. Here they are auditing my $12,000 committee when there are clear miscreants running around."

Part of the Ethics Commission’s charter calls for mandatory audits of all publicly financed campaigns, and St. Croix said the agency does as many random audits as resources allow. Last year, he recalled, more than a dozen were completed. With full financial backing, St. Croix said, he would audit all campaigns. He said, "It’s funny. People know they’re going to get audited and they still try to get away with stuff."<\!s>*

Next: what does the Ethics Commission need to rein in the most frequent and flagrant violators?

Editor’s Notes

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› tredmond@sfbg.com

Fourth of July week is supposed to be slow; when I worked for a daily newspaper, we used to do long stories on the fireworks displays just to fill space on the pages. Not here. There’s so much going on it’s hard to keep track of it all, but here’s a quick rundown on what San Francisco is facing this week:

A bill that would lift a veil of secrecy hanging over police misconduct cases is stuck in the Assembly Committee on Public Safety — and Fiona Ma is one of those holding it up. Ma is a protégé of John Burton, who wasn’t easily intimidated, but she’s acting as if she’s terrified of the police lobby, which has mounted a major effort to kill the bill. It’s crazy — Ma has a fairly safe seat, and unlike some Democrats in marginal districts, she doesn’t have to fear that the cops will back a Republican against her. This is one of the worst moments in her career in Sacramento thus far, and she needs to get off the fence and back the bill when it comes up for reconsideration.

The long-awaited draft environmental impact report for the Eastern Neighborhoods zoning project just came out, and it says just about what I and many others had expected: following the proposals that the City Planning Department is putting forward would wipe out a fair number of blue-collar jobs and would not provide anywhere near enough affordable housing to meet the city’s stated needs. This ought to be a central issue in the mayor’s race (if there ever really is one); I’m not willing to accept as inevitable the loss of working-class San Francisco, and neither should the mayor.

Mayor Gavin Newsom finally signed the Community Choice Aggregation bill (see page 10) — but not with the sort of fanfare you’d expect for a program that could profoundly change the city’s energy future. Sen. Carole Migden has come forward with a bill to ensure that the power from city-owned renewable-energy projects is available to the city and doesn’t have to go into Pacific Gas and Electric Co.’s maw.

Speaking of Migden: who exactly is paying for all those billboards with her face on them, touting her leadership? As we discuss on the www.sfbg.com politics blog, it’s a fascinating question. Michael Colbruno, a spokesperson for Clear Channel, which owns the billboards, refuses to say. He insists that the ads are simply "issue advocacy," which means nobody has to disclose who paid the tab. I’m not going argue campaign law with Clear Channel, but I suspect that Migden knows who gave her this nice present, worth tens of thousands of dollars. Perhaps she’ll share that information with the rest of us.

In the meantime, the folks at the San Francisco Chamber of Commerce — those great champions of open government who love privatization and refused to support the Sunshine Initiative — have a sunshine measure of their own. They want the supervisors to hold hearings before placing anything on the ballot. That’s a direct attack on some recent ballot measures the chamber didn’t like.

I’m all for hearings. Hearings are good. But the law would require that the hearings be held 45 days in advance of the ballot, and that would be a serious drawback for progressives who want to get measures that couldn’t pass the board on the ballot. Frankly, I’m dubious about the chamber’s motives.*