Protest

Alerts

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alert@sfbg.com

FRIDAY 16

Justice begins with seeds

The California Biosafety Alliance hosts a two-day conference bringing together farmers, activists, and experts to discuss the threats of genetically modified foods. Speakers will discuss the corporate food model, how it impacts our lives and environment, and what people can do to change it. Dr. Vandana Shiva, activist and environmental justice leader, will be the keynote speaker.

Friday 9 a.m. to Saturday 6 p.m., $50–$200 sliding scale

The Women’s Building

3543 18th St. # 8

www.biosafetyalliance.org

 

SATURDAY 17

Stop corporate kleptocracy

Occupy Wall Street is a campaign started by Adbusters to sound the call of “Democracy NOT Corporatocracy” aimed at national policy makers. Organizers say 20,000-plus people will swarm Wall Street with peaceful barricades to set up tents and remain there until demands are met. To show West Coast solidarity, Occupy Financial District SF will host its own stay-in at the former Bank of America Building, which now houses Bank of America and Goldman Sachs offices.

2 p.m., free

555 California, SF

occupyfinancialdistrictsf@gmail.com

or Brian Cerney at bcerney@mail.csuchico.edu

 

 

Colossal coastal cleanup

Join 80,000 people to keep our waterways pristine as part of the annual California Coastal Cleanup Day. Environmental organizations are hosting cleanups throughout the Bay Area, so find a group cleaning a place near and dear to you at www.parksconservancy.org/volunteer. Bring a bucket, sunscreen, and a can-do attitude to show your appreciation for our beautiful outdoors.

9 a.m.-noon, free

Throughout Bay Area

www.coastal.ca.gov/publiced/ccd/ccd2.html

 

SUNDAY 18

Protest BART violence

Come to protest the recent violence propagated by BART police and discuss how to use other forms of public transportation as part of a BART boycott. Artists, poets, musicians, bicyclists, skateboarders, roller skaters and all are invited to come with their creativity flowing to this “celebration of life free of oppression.”

2-4:30 p.m., free

Ferry Building

Market and Embarcadero, SF

Jeremy Miller, 415-595-2894, djasik87.9@gmail.com

Mesha Monge Irizarry, 415-595-8251, mamalamesha@gmail.com

 

WEDNESDAY 21

Experiment with direct democracy

Hear a panel of experts speak to California’s direct democracy (or lack of) and join the discussion about how to return the political process to the people. Panelists include Kim Alexander of the California Voter Foundation; Bruno Kaufmann, Swiss-Swedish journalist and president of Initiative & Referendum Institute Europe; Paul Jacob, president of the Citizens in Charge Foundation; and James H. Fowler, medical geneticist and political scientist at UC San Diego.

7 p.m., free

Golden Gate Room, Building A Fort Mason Center

Marina and Buchanan, SF

www.zocalopublicsquare.org

 

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Powell station shut down by BART protest

A Sept. 8 protest called to test the limits of the Bay Area Rapid Transit (BART) agency’s policies on freedom of speech inside BART stations ended in a cluster of protesters and journalists being coralled by nightstick-wielding BART officers, detained, and in some cases, arrested. The station was shut down at around 6 p.m. when police surrounded a group of demonstrators who had marched around the unpaid area of the transit station, as well as a group of media who were following them with cameras and voice recorders.

It was unclear at press time just how many arrests were made, but it is clear that things did not go as planned from the perspective of either the protesters or the transit agency. As the demonstration got underway, one of the No Justice No BART protest organizers, Christopher Cantor, told reporters, “We are here to test free speech limitations at BART, but more importantly, we’re here to say we don’t trust BART, we don’t trust BART to protect us, we don’t trust BART to interpret the constitution.” He also said that none of them were there to get arrested.

Before the banners and bullhorns came out, BART spokesperson Jim Allison told the Guardian that if BART police deemed a gathering inside the unpaid area of the station to be dangerous, “we would ask people to disperse.” If they didn’t disperse, “we would declare an unlawful assembly.” Allison said protesters were free to exercise their first amendment rights to protest inside the areas of the station that don’t require a ticket to enter. He said people could do that as long as they were not “interrupting or interfering” with regular service. When the Guardian caught up with Allison after the protest by phone to find out why his statements about the dispersal order were contradicted by police activity, he refused to answer our questions, directing us instead to watch a press conference on the BART website.

“I’m going off duty,” he said after calling the Guardian in response to a page, after being asked several times why BART police had not issued a dispersal order before surrounding people and arresting them. “I simply cannot devote the rest of my night to answering your questions.”

Here’s what Cantor said just before the march around the station got underway:

Before police closed in, the protest featured some 60 protesters chanting things like, “How can they protect and serve us? The BART police just make me nervous.” One banner, from a group called Feminists Against Cops, read, “Disarm BART, Arm Feminists.”

Things heated up when the protest got closer to the fare gates, at which point police may have determined that protesters were interfering with service. At one point, police tackled a masked demonstrator to the ground. However, when people were detained, they were not standing directly in front of the fare gates.

Police did not make any public statements indicating that the situation had been deemed unlawful before surrounding the group of detainees, nor did they issue a dispersal order. We were told that we were not free to leave.

While I was detained along with Luke Thomas, a reporter from the popular political Fog City Journal, and freelance reporter Josh Wolf, an officer told us that we were being detained on suspected violation of California Penal Code 369-i, which prohibits interfering with the operations of a railroad.

Thomas phoned Matt Gonzalez, former president of the Board of Supervisors and now a chief attorney with the Public Defender’s office, to ask about that law. Gonzalez looked it up and told him that there was an exception to that law which “does not prohibit picketing in the adjacent area of any property” belonging to a railroad. So it would seem that the protesters, along with more than a dozen journalists, were being unlawfully detained. When we put this question to one of the officers who stood holding a nightstick and blocking us in, he refused to address the issue directly, repeating that we weren’t free to leave.

Members of the press with San Francisco Police Department issued credentials were made to line up and present their press passes to San Francisco police officers, who had been called in to assist. The police officers took away media’s press passes, saying it was SFPD property and could be retrieved later — which meant that if journalists had opted to stay and cover any further police activity, we would have had no way of presenting credentials to avoid arrest. We were issued Certificates of Release and ushered outside of the station, where it was impossible to see what was happening, and therefore, impossible to do our jobs as reporters.

Just outside, San Francisco State lecturer Justin Beck was very concerned that several of his journalism students, whom he’d sent on assignment to cover the protest, were being detained. They did not have SFPD issued press passes and at that time were not being allowed to exit the station.

 

 

 

BART Police arrest journalists and protesters

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BART Police are cracking down hard on a peaceful protest in the Powell Street station, detaining a group of 30 to 40 people that includes almost a dozen journalists, including Guardian reporter Rebecca Bowe, who just called in with a report on the ongoing situation. (For Rebecca Bowe’s account of the BART protest and arrests, with video footage, click here.)

The scene is chaotic and details are unclear at this point, but we’ll report more on this blog post as the situation unfolds. This protest stems from shootings by BART Police, the transit agency’s ban on political speech on train platforms, and its decision last month to cut cell phone service in an effort to scuttle a police accountability protest that never materialized. Today’s protest, organized by the group Anonymous, stated an intention to exercise free speech rights without disrupting BART service.

But BART officials have apparently decided to deal harshly with the protesters and Bowe reports that the group has been detained for violation of Penal Code Section 369i, which makes it a crime to disrupt rail service, outlawing activities that “would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train.”

Yet an attorney working with the protesters notes that mere speech doesn’t hinder operations, noting that section C of that code section specifically “does not prohibit picketing in the immediately adjacent area of the property of any railroad or rail transit related property or any lawful activity by which the public is informed of the existence of an alleged labor dispute.”

While this protest may not involve a labor dispute, it does seem that the ongoing protests against BART are evolving into a test of the agency’s claims of the authority to ban all protest and political speech on its train platforms.

More to come…

UPDATE AT 6:07 PM: The professional journalists in the group have been released after being detained for about 30 minutes, and they’ve been shepherded into an area where they can no longer see the group of arrestees. But a group of three to five San Francisco State University journalism students who don’t have press credentials remain in custody, despite repeated appeals to the police by their faculty advisor Justin Beck.

Team Avalos

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When Supervisor John Avalos chaired the Budget & Finance Committee in 2009 and 2010, his office became a bustling place in the thick of the budget process. To gain insight on the real-life effects of the mayor’s proposed spending cuts, Avalos and his City Hall staff played host to neighborhood service providers, youth workers, homeless advocates, labor leaders, and other San Franciscans who stood to be directly impacted by the axe that would fall when the final budget was approved. They camped out in City Hall together for hours, puzzling over which items they could live without, and which required a steadfast demand for funding restoration.

“One year, we even brought them into the mayor’s office,” for an eleventh-hour negotiating session held in the wee morning hours, recounted Avalos’ legislative aide, Raquel Redondiez. That move came much to the dismay of Steve Kawa, mayoral chief of staff.

Avalos, the 47-year-old District 11 supervisor, exudes a down-to-earth vibe that’s rare in politicians, and tends to display a balanced temperament even in the heat of high-stakes political clashes. He travels to and from mayoral debates by bicycle. He quotes classic song lyrics during full board meetings, keeps a record player and vinyl collection in his office, and recently showed up at the Mission dive bar El Rio to judge a dance competition for the wildly popular Hard French dance party.

Yet casual observers may not be as familiar with the style Avalos brings to conducting day-to-day business at City Hall, an approach exemplified that summer night in 2010 when he showed up to the mayor’s office flanked by grassroots advocates bent on preserving key programs.

“My role is, I’m an insider, … but it’s really been about bringing in the outside to have a voice on the inside,” Avalos said in a recent interview. “People have always been camped out in my office. These are people who represent constituencies — seniors, recipients of mental health care, unions, people concerned about violence. It’s how we change things in City Hall. It’s making government more effective at promoting opportunities, justice, and greater livelihood.” Part of the thrust behind his candidacy, he added, is this: “We want to be able to have a campaign that’s about a movement.”

That makes Avalos different from the other candidates — but it also raises a crucial question. Some of the most important advances in progressive politics in San Francisco have come not just from electoral victories, but from losing campaigns that galvanized the left. Tom Ammiano in 1999 and Matt Gonzalez in 2003 played that role. Can Avalos mount both a winning campaign — and one that, win or lose, will have a lasting impact on the city?

Workers and families

No budget with such deep spending cuts could have left all stakeholders happy once the dust settled, but Avalos and other progressive supervisors did manage to siphon some funding away from the city’s robust police and fire departments in order to restore key programs in a highly controversial move.

“There’s a Johnny Cash song I really like, written by Tom Petty, called ‘I Won’t Back Down.’ I sang it during that time, because I didn’t back down,” Avalos said at an Aug. 30 mayoral forum hosted by the Potrero Hill Democratic Club. “We made … a symbolic cut, showing that there was a real inequity about how we were doing our budgets. Without impacting public safety services, we were able to get $6 million from the Fire Department. A lot of that went into Rec & Park, and health care programs, and to education programs, and we were able to … find more fat in the Police Department budget than anybody had ever found before, about $3 million.”

Last November, Avalos placed a successful measure on the ballot to increase the city’s real-estate transfer tax, which so far has amassed around $45 million in new revenue for city coffers, softening the blow to critical programs in the latest round of budget negotiations. “Without these measures that community groups, residents, and labor organizations worked for, Mayor Ed Lee would not have been able to balance the budget,” Avalos said.

More recently, he emerged as a champion of the city’s Local Hire Ordinance, designed as a tool for job creation that requires employers at new construction projects to select San Francisco residents for half their work crews, to be phased in over the next several years. That landmark legislation was a year in the making, Redondiez said, describing how union representatives, workers, contractors, unemployed residents of Chinatown and the Bayview, and others cycled through Avalos’ City Hall office to provide input.

His collaborative style stems in part from his background. Avalos formerly worked for Service Employees International Union Local 1877, where he organized janitors, and served as political director for Coleman Advocates for Children & Youth. He was also a legislative aide to former District 6 Sup. Chris Daly, who remains a lightning rod in the San Francisco political landscape.

Before wading into the fray of San Francisco politics, Avalos earned a masters degree in social work from San Francisco State University. But when he first arrived in the city in 1989, with few connections and barely any money to his name, he took a gig at a coffee cart. He was a Latino kid originally from Wilmington, Calif. whose dad was a longshoreman and whose mom was an office worker, and he’d endured a climate of discrimination throughout his teenage years at Andover High in Andover, Mass.

Roughly a decade ago, Avalos and a group of youth advocates were arrested in Oakland following a protest against Proposition 21, which increased criminal penalties for crimes committed by youth. Booked into custody along with him was his wife, Karen Zapata, whom he married around the same time. She is now a public school teacher in San Francisco and the mother of their two children, ages 6 and 9, both enrolled in public schools.

“John has consistently been a voice for disenfranchised populations in this city,” said Sharen Hewitt, who’s known Avalos for more than a decade and serves as executive director of The Community Leadership Academy & Emergency Response Project (CLAER), an organization formed to respond to a rash of homicides and alleviate violence. “He understands that San Francisco is at a major turning point in terms of its ability to keep families and low-income communities housed. With the local hiring ordinance, most of us who have been working around violence prevention agree — at the core of this horrible set of symptoms are root causes, stemming from economic disparity.”

Asked about his top priorities, Avalos will invariably express his desire to keep working families rooted in San Francisco. District 11, which spans the Excelsior, Ingleside, and other southeastern neighborhoods, encompasses multiracial neighborhoods made up of single-family homes — and many have been blunted with foreclosure since the onset of the economic crisis.

“Our motto for building housing in San Francisco is we build all this luxury housing — it’s a form of voodoo economics,” Avalos told a small group of supporters at a recent campaign stop in Bernal Heights. “I want to have a new model for how we build housing in San Francisco. How can we help [working-class homeowners] modify their loans to make if more flexible, so they can stay here?” He’s floated the idea of creating an affordable housing bond to aid in the construction of new affordable housing units as well as loan modifications to prevent foreclosures.

“That’s what is the biggest threat to San Francisco, is losing the working-class,” said community activist Giuliana Milanese, who previously worked with Avalos at Coleman Advocates for Youth and has volunteered for his campaign. “And he’s the best fighter. Basically, economic justice is his bottom line.”

Tenants Union director Ted Gullicksen gave Avalos his seal of approval when contacted by the Guardian, saying he has “a 100 percent voting record for tenants,” despite having fewer tenants in his district than some of his colleagues. “David Chiu, had he not voted for Parkmerced, could have been competitive with John,” Gullicksen said. “But the Parkmerced thing was huge, so now it’s very difficult to even have David in same ballpark. Dennis [Herrera] has always taken the right positions — but he’s never had to vote on anything,” he said. “After that, nobody comes close.”

Cash poor, community rich

There’s no question: The Avalos for Mayor campaign faces an uphill climb. Recent poll figures offering an early snapshot of the crowded field peg him at roughly 4 percent, trailing behind candidates with stronger citywide name recognition like City Attorney Dennis Herrera or the incumbent, Mayor Ed Lee, who hasn’t accepted public financing and stands to benefit from deep-pocketed backers with ties to big business.

Yet as Assembly Member Tom Ammiano phrased it, “he’s actually given progressives a place to roost. He doesn’t pussy-foot around on the issues that are important,” making him a natural choice for San Francisco voters who care more about stemming the tides of privatization and gentrification than, say, rolling out the red carpet for hi-tech companies.

One of Avalos’ greatest challenges is that he lacks a pile of campaign cash, having received less than $90,000 in contributions as of June 30, according to an Ethics Commission filing. “He can’t call in the big checks,” said Julian Davis, board president of Booker T. Washington Community Service Center, “because he hasn’t been doing the bidding of big business interests.” A roster of financial contributions filed with the Ethics Commission shows that his donor base is comprised mainly of teachers, nonprofit employees, health-care workers, tenant advocates, and other similar groups, with almost no representatives of real-estate development interests or major corporations.

Despite being strapped for cash, he’s collected endorsements ranging from the Democratic County Central Committee, to the Harvey Milk Democratic Club, to the city’s largest labor union, SEIU 1021; he’s also won the backing of quintessential San Francisco characters such as renowned author Rebecca Solnit; San Francisco’s radical bohemian poet laureate, Diane di Prima; and countercultural icon Diamond Dave.

While some of Avalos’ core supporters describe his campaign as “historic,” other longtime political observers have voiced a sort of disenchantment with his candidacy, saying it doesn’t measure up to the sweeping mobilizations that galvanized around Gonzalez or Ammiano. Ammiano has strongly endorsed Avalos, but Gonzalez — who now works for Public Defender (and mayoral candidate) Jeff Adachi — has remained tepid about his candidacy, stating publicly in an interview on Fog City Journal, “I like [Green Party candidate Terrie Baum] and John fine. I just don’t believe in them.”

Ironically, Sup. Sean Elsbernd, often Avalos’ political opposite on board votes, had kinder words for him. “John is intelligent, John is honest, and John has integrity,” Elsbernd told the Guardian. “I don’t think he knows the city well enough to serve as chief executive … but I’ve seen the good work he’s done in his district.”

Meanwhile, Avalos is still grappling with the fallout from the spending cut he initiated against the police and fire departments in 2009. Whereas those unions sent sound trucks rolling through his neighborhood clamoring for his recall from office during that budget fight, the San Francisco Police Officers Association (SFPOA), the San Francisco Fire Fighters union, and the plumbers’ union, Local 38, have teamed up now that Avalos is running for mayor to form an independent expenditure committee targeting him and Public Defender Jeff Adachi, a latecomer to the race.

“We’ll make sure we do everything we can to make sure he never sees Room 200,” SFPOA President Gary Delagnes told the Guardian. “I would spend as much money as I could possibly summon to make sure neither ever takes office.” Delagnes added that he believes the political makeup of San Francisco is shifting in a more moderate direction, to Avalos’ disadvantage. “People spend a lot of money to live here,” he said, “and they don’t want to be walking over 15 homeless people, or having people ask them for money.”

If it’s true that the flanks of the left in San Francisco have already been supplanted with wealthy residents whose primary concern is that they are annoyed by the sight of destitute people, then more has already been lost for the progressive movement than it stands to lose under the scenario of an Avalos defeat.

The great progressive hope?

Despite these looming challenges, the Avalos campaign has amassed a volunteer base that’s more than 1,000 strong, in many cases drawing from grassroots networks already engaged in efforts to defend tenant rights, advance workplace protections for non-union employees, create youth programs that aim to prevent violence in low-income communities, and advance opportunities for immigrants. According to some volunteers, linking these myriad grassroots efforts is part of the point. Aside from the obvious goal of electing Avalos for mayor, his supporters say they hope his campaign will be a force to re-energize and redefine progressive politics in San Francisco.

“All the candidates that are running are trying to appeal to the progressive base,” Avalos said. But what does it really mean? To him, being progressive “is a commitment to a cause that’s greater,” he offered. “It’s about how to alter the relationship of power in San Francisco. My vision of progressivism is more inclusive, and more accountable to real concerns.”

N’Tanya Lee, former executive director of Coleman Advocates, was among the people Avalos consulted when he was considering a run for mayor. “The real progressives in San Francisco are the folks on the ground every day, like the moms working for public schools … everyday families, individual people, often people of color, who are doing the work without fanfare. They are the unsung heroes … and the rising progressive leaders of our city,” she said. “John represents the best of what’s to come. It’s not just about race or class. It’s about people standing for solutions.”

When deciding whether to run, Avalos also turned to his wife, Zapata, who has held leadership positions in the San Francisco teacher’s union in the past. She suggested rounding up community leaders and talking it through. “The campaign needed to be a movement campaign,” Zapata told the Guardian. “John Avalos was not running because he thought John Avalos was the most important person in the world to do this job. Our question was, if John were to do this, how would it help people most affected by economic injustice?”

Hewitt, the executive director of CLAER, also weighed in. “My concern is that he has been painted as a leftist, rooted in some outdated ideology,” she said. “I think [that characterization] is one-dimensional, and I think he’s broader than that. My perception of John is that he’s a pragmatist — rooted in listening, and attempting to respond.”

Others echoed this characterization. “He doesn’t need to be the great progressive hope,” said Rafael Mandelman, an attorney who ran as a progressive in District 8 last year. “If people are looking for the next Matt Gonzalez, I’m not sure that’s what John is about. He’s about the communities he’s representing.”

As to whether or not he has a shot at victory, Mandelman said, “It’s a very wide field, and I think John is going to have a very strong base. I think he will get enough first-choice votes to be one of the top contenders. And with ranked choice voting, anything can happen.”

 

Film Listings

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OPENING

The Apparition Genre-movie vets Ashley Greene and Tom Felton star in this supernatural thriller set on a college campus. (runtime not available)

Bucky Larson: Born to Be a Star Comedian Nick Swardson stars as a wannabe porn star in this comedy from the director of The Hot Chick (2002). (runtime not available)

Chasing Madoff Doc about the investigators who brought down the notorious Ponzi scammer. (1:31)

Circumstance Thirteen (2003) goes to Tehran? The world of sex, drugs, and underground nightclubs in Iran provides the backdrop for writer-director Maryam Keshavarz’s lusty, dreamy take on the passionate teenagers behind the hijabs. Risking jail and worse are the sassy, privileged Atafeh (Nikohl Boosheri) and the beautiful, orphaned Shireen (Sarah Kazemy), who, much like young women anywhere, just want to be free — to swim, sing, dance, test boundaries, lose, and then find themselves. The difference here is that they’re under constant, unnerving surveillance, in a country where more than 70 percent of the population is less than 30 years old. Nevertheless, within their mansion walls and without, beneath graffitied walls and undulating at intoxicating house parties, the two girls begin to fall in love with each other, as Atafeh’s handsome, albeit creepy older brother Mehran (Palo Alto-bred Reza Sixo Safai) gazes on. The onetime musical talent’s back from rehab, has returned to the mosque with all the zeal of the prodigal, and has hooked up with the Morality Police that enforces the nation’s cultural laws. Filmed underground in Beirut, with layers that permit both pleasure and protest (wait for the hilarious moment when 2008’s Milk is dubbed in Farsi), Circumstance viscerally transmits the realities and fantasies of Iranian young women on the verge. (1:45) (Chun)

Contagion Steven Soderbergh directs every movie star on the planet (Matt Damon, Marion Cotillard, Gwyneth Paltrow, Kate Winslet, Jude Law, Laurence Fishburne, and about 67 others) in this thriller about a worldwide disease epidemic. (1:42)

Creature From Wikipedia: “The group decides to stop at a roadside convenience store owned by Chopper (Sid Haig), who tells them the tale of Lockjaw, a fabled god-like creature who is half-man, half-alligator.” Ergo, this is either gonna be terrible or the greatest movie ever made. (1:33)

Little Rock When the rental car driven by Atsuko (Atsuko Okatsuka) and Rintaro Sakamato (Rintaro Sawamoto) breaks down in nowheresville, California (actually, a small town called Little Rock), an air of disillusion hangs between the siblings, on vacation to “see America.” Holed up in a motel room, their disappointment is palpable, until a chance encounter with some locals sucks the pair into exurban American life. By the time their car is again roadworthy, Atsuko can’t bear to leave and decides to stay behind as her brother, the only one of the two who speaks a word of English, continues ahead without her. Communication is the driving force behind Little Rock and the language barrier somehow never gets stale; it certainly allows Okatsuka the opportunity for some superb acting. Despite some directorial flourishes (by Mike Ott), however, the story doesn’t really hold many surprises, and its inevitable conclusion is glimpsed long before it’s reached. (1:25) Roxie. (Cooper Berkmoyer)

*Love Crime See “Original Sin.” (1:46)

*The Man Who Fell To Earth See “Roeg, Warrior.” (2:19)

Puzzle A middle-aged housewife finds herself through jigsaw competitions in this Argentina-France co-production. (1:29) SFFS New People Cinema.

Shaolin Jackie Chan and Andy Lau star in Benny Chan’s historical kung fu extravaganza. (2:11) Four Star.

*Warrior Those wondering why the mixed martial arts scene has captured the imagination of so many can finally understand what the fuss is all about, now that it comes filtered through a melodramatic narrative akin to The Fighter (2010). Warrior‘s mis-en-scene is immediately recognizable: a prodigal returns, in the form of Tom Conlon (Tom Hardy). Once a talented teenage wrestler, the now-battered man is the damaged youngest son of alcoholic ex-boxer Paddy Conlon (Nick Nolte). Tom wants his father to train him for a major mixed martial arts tournament with a multimillion-dollar purse, though the two obviously still have a deadly hold on each other — the repentant Paddy is on the wagon and the emotionally bruised Tom harbors secrets he won’t reveal — and battle with cutting comments rather than fists. Tom isn’t the only prodigal in the house: Paddy has lost the trust of Tom’s bro, Brendan (Joel Edgerton), a former fighter and present-day physics high school teacher who’s struggling to make ends meet with an underwater mortgage. Though Warrior is no Raging Bull (1980), it almost outdukes The Fighter in terms of its brutal bouts, conveying the swift, no-holds-barred action of MMA in the ring, while giving actors plenty of drama to wrap their jowls ’round — particularly in Nolte’s case. His tore-up turn as an all-excuses patriarch is as heartbreaking as a solid kick to the jaw. (2:19) (Chun)

ONGOING

Apollo 18 (1:26)

*Beginners There is nothing conventional about Beginners, a film that starts off with the funeral arrangements for one of its central characters. That man is Hal (Christopher Plummer), who came out to his son Oliver (Ewan McGregor) at the ripe age of 75. Through flashbacks, we see the relationship play out — Oliver’s inability to commit tempered by his father’s tremendous late-stage passion for life. Hal himself is a rare character: an elderly gay man, secure in his sexuality and, by his own admission, horny. He even has a much younger boyfriend, played by the handsome Goran Visnjic. While the father-son bond is the heart of Beginners, we also see the charming development of a relationship between Oliver and French actor Anna (Mélanie Laurent). It all comes together beautifully in a film that is bittersweet but ultimately satisfying. Beginners deserves praise not only for telling a story too often left untold, but for doing so with grace and a refreshing sense of whimsy. (1:44) (Peitzman)

*Bellflower Picture Two Lane Blacktop (1971) drifters armed with “dude”-centric vocabulary and an obsession with The Road Warrior (1981) and its apocalypse-wow survivalist chic. There are so many pleasures in this janky, so-very-DIY, heavy-on-the-sunblasted-atmosphere indie that you’re almost willing to overlook the clichés, the dead zones, and the annoying characters. Seeming every-dudes Woodrow (director-writer-producer Evan Glodell) and Aiden (Tyler Dawson) are far too obsessed with tricking out their cars and building a flamethrower for their own good — the misfits must force themselves out of the metal shop of the mind to meet women. So when Woodrow goes up against Milly (Jessie Wiseman) in a cricket-eating contest at a bar, it’s love at first bite. Their meet-gross morphs into a road trip and eventually a relationship, while the flamethrower nags, unexplained, in the background, like an unfired gun — or an unconsummated, not-funny bromance. These manifestations of male fantasy — muscle cars, weapons, and tough chicks — are cast in a dreamy, saturated, and burnt-at-the-edges light, as Glodell and company weave together barely articulated reveries and bad-new-west imagery with a kind of fuck-all intelligence, culminating in a finale that will either haunt you with its scattershot machismo-romanticism or leave you scratching your noggin wondering what just happened. (1:46) (Chun)

Brighton Rock Writer Rowan Joffe (2010’s The American) moves into the director’s chair for this Graham Greene adaptation, previously filmed in 1947 with an early-career star turn by Richard Attenborough. Joffe’s version updates Greene’s 1938 story to 1964, allowing the brutal actions of small-time hood Pinkie Brown to unfold as Britain’s mods vs. rockers youth riots boil in the background. Don’t get too excited, though — despite a cool premise and even cooler setting, and the presence of veterans Helen Mirren and John Hurt in supporting roles, Brighton Rock rages without a rudder. Pinkie is played by Sam Riley (so good as Ian Curtis in 2007’s Control), who snarls like a sociopathic James Dean and is so transparently hateful it’s hard to root for anything other than his hastened demise. Brighton Rock‘s most memorable element is probably Andrea Riseborough, an on-the-verge young Brit who’s being touted as the next Carey Mulligan. She has the thankless (yet showy) role of Rose, a naïve waitress who becomes entangled in Pinkie’s web after being in the wrong place at the wrong time. A far-from-storybook ending awaits, and you’ll experience little enjoyment watching the characters claw their way there. (1:51) (Eddy)

Buck This documentary paints a portrait of horse trainer Buck Brannaman as a sort of modern-day sage, a sentimental cowboy who helps “horses with people problems.” Brannaman has transcended a background of hardship and abuse to become a happy family man who makes a difference for horses and their owners all over the country with his unconventional, humane colt-starting clinics. Though he doesn’t actually whisper to horses, he served as an advisor and inspiration for Robert Redford’s The Horse Whisperer (1998). Director Cindy Meehl focuses generously on her saintly subject’s bits of wisdom in and out of a horse-training setting — e.g. “Everything you do with a horse is a dance” — as well as heartfelt commentary from friends and colleagues. In the harrowing final act of the film, Brannaman deals with a particularly unruly horse and his troubled owner, highlighting the dire and disturbing consequences of improper horse rearing. (1:28) (Sam Stander)

Captain America: The First Avenger OK, Marvel. I could get behind 2008’s Iron Man (last year’s Iron Man 2, not so much), but after Thor and now Captain America, I’m starting to get cynical about this multi-year build-up to the full-on Avengers movie, due in May 2012. Can even a superhero-stuffed movie directed by Joss Whedon live up to all this hype? There’s plenty of time to ponder, and maybe worry a little, with Captain America’s backstory-explaining picture now in theaters. Chris Evans stars as the 90-pound weakling who morphs into a supersoldier, thanks to the World War II-era tinkerings of a scientist (Stanley Tucci) and an inventor (Dominic Cooper as Howard Stark, a.k.a. Iron Man’s dad). The original plan for the musclebound shield-bearer (fighting Nazis, natch) gets waylaid a bit when the newly famous Captain America becomes a PR prop for the U.S. government; it’s abandoned entirely when a worse-than-Hitler foe, in the guise of power-obsessed Red Skull (Hugo Weaving), threatens the world. Directed by Spielberg cohort Joe Johnston, Captain America is gee-whiz enjoyable enough, but it’s very nearly the same movie as Thor, which no amount of Tommy Lee Jones (as a sarcastic army colonel) wisecracks can conceal. And here’s an anti-spoiler: there’s no post-credits surprise in this one, so you can bolt as soon as they start to roll. (2:09) (Eddy)

Colombiana (1:47)

Conan the Barbarian Neither 3D (unnecessary) nor Game of Thrones‘ Jason Momoa (beefcake-y) are enough to make this Conan the Barbarian competition for the 1982 Schwarzenegger classic. This new take is a barely adequate adventure movie helped along by Rose McGowan’s leering turn as an evil witch with Freddy Krueger claws. Would that everyone involved (including frequent remake director Marcus Nispel) had McGowan’s razor-sharp grasp of tone; as a whole, the film is never quite sure if it’s a camp-tastic voyage (the prologue, containing Conan’s birth and much Ron Perlman nostril-flaring, suggests what might have been) or a semi-straightforward fantasy actioner. A totally forgettable female lead (Rachel Nichols), a he-was-scarier-in-Avatar villain (Stephen Lang), a blah mixture of two tired plots (revenge + “chosen one”) — there’s just not a lot here, aside from a few hilarious lines of dialogue and Momoa’s muscles. He was so great in Game of Thrones, though, I suspect this dud won’t keep his career from skyrocketing. (1:42) (Eddy)

Cowboys and Aliens Here ’tis in a nutshell: the movie’s called Cowboys and Aliens — and that’s exactly, entirely what you’ll get. Director Jon Favreau may never best 2008’s Iron Man (actor Jon Favreau will prob never top 1996’s Swingers, but that’s a debate for another time), but that doesn’t mean he won’t have a good time trying. Cowboys is a genre mash-up in the most literal sense; as the title suggests, it pits Wild West gunslingers (Harrison Ford as a crabby cattleman, Daniel Craig as an amnesiac outlaw) against gold-seeking space invaders who also delight in kidnapping and torturing humans. As stupidly entertaining as it is, this is a textbook example of a pretty OK movie that could have been so much better … if only. If only the alien characters had a little bit more District 9-style personality. If only the story had a shred of suspense — look ye not here for “spooky” and “mysterious;” this shit is 100 percent full-on explosions. If only Craig’s comically fine-tooled physique didn’t outshine his wooden acting. And so forth. (1:58) (Eddy)

Crazy, Stupid, Love Keep the poster’s allusion to 1967’s The Graduate to one side: there aren’t many revelations about midlife crises in this cleverly penned yet strangely flat ensemble rom-com, awkwardly pitched at almost every demographic at the cineplex. There’s the middle-aged romance that’s withered at the vine: nice but boring family man Cal (Steve Carell) finds himself at a hopeless loss when wife and onetime teenage sweetheart Emily (Julianne Moore) tells him she wants a divorce and she’s slept with a coworker (Kevin Bacon). He ends up waxing pathetic at a slick nightclub where he catches the eye of the well-dressed, spray-tanned smoothie Jacob (Ryan Gosling), who appears to have taken his ladies man stance from the Clooney playbook. It’s manly makeover time: GQ meets Pretty Woman (1990)! Cut to Cal and Emily’s babysitter Jessica (Analeigh Tipton), who is crushing out on Cal, while the separated couple’s tween Robbie (Jonah Bobo) hankers for Jessica. Somehow Josh Groban worms his way into the mix as the dullard suitor of Hannah (Emma Stone) in a hanging chad of a storyline that must somehow be resolved in this mad, mad, mad, mad — actually, the problem with Crazy, Stupid, Love is that it isn’t really that crazy. It tries far too hard to please everybody in the theater to its detriment, reminding the viewer of a tidy, episodic TV series (albeit a quality effort) like Modern Family more than an actual film. Likewise I yearned for a way to fast-forward through the too-cute Jessica-Robbie scenes in order to get back to the sleazy-smart, punchy complexity of Gosling, playing adeptly off both Carrell and Stone. (1:58) (Chun)

The Debt On paper, The Debt has a lot going for it: captivating history-based plot, “it” actor Jessica Chastain, Helen Mirren vs. Nazis. And while the latest from John Madden (1998’s Shakespeare in Love) is fairly entertaining, the film is ultimately forgettable. Chastain plays Rachel, a member of an Israeli team tasked with capturing a Nazi war criminal and bringing him to justice. Mirren is the older Rachel, who is haunted by the long-withheld true story of the mission. Although The Debt traffics in spy secrets, it’s actually rather predictable: the big reveal is shrug-worthy, and the shocking conclusion is expected. So while the entire cast — which also includes Tom Wilkinson, Sam Worthington, and Ciaran Hinds — turn in admirable performances, the script is lacking what it needs to make The Debt an effective drama or thriller. Like 2008’s overrated The Reader, the film tries to hide its inadequacies under heavy themes and the dread with which we remember the Holocaust. (1:54) (Peitzman)

The Devil’s Double Say hello to my little friend, again— and rest assured, it’s not a dream and you’re seeing double. New Zealand filmmaker Lee Tamahori gets back to his potboiler roots with this campy, claustrophobic look back at the House of Saddam Hussein, based on a true story and designed to win over fans of Scarface (1983) with its portrait of mad excess and deca-dancey ’80s-ish soundtrack. The craziest poseur of all is Hussein’s son Uday (Dominic Cooper), a petty dictator-in-the-making — and, according to this film, a full-fledged murderous pedophile — who chomps cigars and wraps his jaws around schoolgirls while Cooper happily chews scenery. Uday needs a double to sidestep all those troublesome assassination attempts, so he enlists look-alike childhood friend Latif (also Cooper) to get the surgery, pop in the overbite, bray like a madman, make appearances in his stead, and function as a kind of pet human. Never mind Ludivine Sagnier, glassy-eyed and absurd in the role of Uday’s favorite sex kitten Sarrab — Double is completely Cooper’s, who seizes the moment, investing the morally upstanding Latif with a serious sincerity with just his eyes and body language and infusing evil odd job Uday with a dangerous, comic-book unpredictability. To his credit, Cooper imbues such cult-ready, blow-the-doors-off lines as “I love cunt! I love cunt more than god!” with, erm, believability, even as the denouement rings somewhat false. (1:48) (Chun)

Don’t Be Afraid of the Dark If you’re expecting a traditional haunted house story, Don’t Be Afraid of the Dark might be a disappointment. The film, which was co-written by Guillermo del Toro, has a lot in common with his Pan’s Labyrinth (2006) — both movies are more dark fairy tale than horror. They follow a young girl who discovers a mystical world around her, much to the disbelief of the adults around her. It’s worth noting that Don’t Be Afraid of the Dark is lighter fare: despite all the peril involved, it’s actually pretty fun. Young Bailee Madison, who made such an impression in 2009’s Brothers, is a charming lead, precocious but believable. And Katie Holmes is surprisingly sympathetic in her role as the caring stepmother, a nice switch from the standard fairy tale trope. As with Fright Night, the ad campaign for Don’t Be Afraid of the Dark is misleading, so here’s hoping audience members looking for a gory slasher will appreciate a whimsical fable instead. (1:40) (Peitzman)

Fright Night Don’t let the spooky trailer fool you: the Fright Night remake is almost as silly as the original. In fact, it follows the 1985 film closely, as young Charley Brewster (Anton Yelchin) comes to realize that his neighbor Jerry (Colin Farrell) is a vampire. The biggest change is a smart one — this Fright Night transforms late-night TV host Peter Vincent into Criss Angel-type illusionist Peter Vincent (David Tennant). The casting is spot on all-around, and frankly, Farrell is a lot more believable than Chris Sarandon as the seductive bad boy. The only real problem with the new Fright Night — other than the unnecessary 3D — is that it never fully commits to camp the way the original did. There’s a bit too much back-and-forth between serious scares and goofy blood splatters. Luckily, it’s still an entertaining remake that doesn’t crap all over a classic. It’s also a great reminder that vampires don’t have to be moody — remember, they used to be fun. (2:00) (Peitzman)

*The Future Dreams and drawings, cats and fantasies, ambition and aimlessness, and the mild-mannered yet mortifying games people play, all wind their way into Miranda July’s The Future. The future’s a scary place, as many of us fully realize, even if you hide from it well into your 30s, losing yourself in the everyday. But you can’t duck July’s collection of moments, objects, and small gestures transformed into something strangely slanted and enchanted, both weird and terrifying, when viewed through July’s looking glass. Care and commitment — to oneself and others — are two vivid threads running through The Future. Cute couple Sophie (July) and Jason (Hamish Linklater) — unsettling look-alikes with their curly crops — appear at first to be sailing contently, aimlessly toward an undemanding unknown: Jason works from home as a customer-service operator, and Sophie attempts to herd kiddies as a children’s dance instructor. But enormous, frightening demands beckon — namely the oncoming adoption of a special-needs feline named Paw-Paw (voiced by July as if it’s a traumatized, innocent child). Lickety-splitsville, they must be all they can be before Paw-Paw’s arrival. The weirdness of the familiar, and the kindness of strangers, become ways into fantasy and escape when the couple bumps up against the limits of their imagination. This ultra-low-key horror movie of the banal is obviously remote territory for July (2005’s Me and You and Everyone We Know). The Future is her best film to date and finds her tumbling into a kind of magical realism or plastic fantastic, embodied by a talking cat that becomes the conscience of the movie. (1:31) (Chun)

A Good Old Fashioned Orgy (1:35)

The Guard Irish police sergeant Gerry Boyle (Brendan Gleeson) is used to running his small town on his own terms — not in a completely Bad Lieutenant (1992) kind of way, though he’s not afraid to sample drugs and hang with hookers. More like, he’s been running the show for years, and would prefer that big-city cops stay the hell out of his village. Alas, a gang of drug smugglers is doing business in the area, so an officious group of investigators from Dublin (horrors!) and America (in the form of an FBI agent played by Don Cheadle) soon descend. His mother’s dying, his brand-new partner’s missing, and between all the interlopers on both sides of the law, Boyle’s having a hard time having a pint in peace. Good thing he’s not as simple-minded as all who surround him think he is. Writer-director John Michael McDonagh (brother of playwright Martin, who directed 2008’s In Bruges — also starring Gleeson) puts an affable Irish spin on what’s essentially a pretty typical indie comedy, with some pretty typical crime-drama elements layered atop. Boyle’s character is memorably clever, but the film that contains him never quite elevates to his level. (1:36) (Eddy)

Gun Hill Road Though the visibility of gays and lesbians in cinema remains (largely) confined to independent film, Rashaad Ernesto Green, in his debut feature Gun Hill Road, uses the creative freedom afforded by that closeting to explore issues of race and confused sexuality amid the Latino population of the Bronx. Esai Morales is Enrique, a former drug dealer returning from prison to his wife Angela (Judy Reyes) and teenage son Michael (Harmony Santana). But everyone seems to have moved on with their lives. Angela is having an affair, and Michael has created a new persona, Vanessa. Green’s film focuses on the relationship between the damaged Enrique and Michael, whose cross-dressing and budding transsexuality puts the family members at odds. Nominated for the Grand Jury Prize at Sundance and an entry in this year’s Frameline Film Festival, Gun Hill Road is one in a recent spate of films that deals with coming out in an urban setting. Like Green’s film, Peter Bratt’s La Mission (2009) offered a picture of homophobia in the Latino community. But Gun Hill Road, despite its bulging dramatic heft, shirks the after-school-special formula of La Mission by imagining complex characters rather than hewing them from instantly recognizable, sympathetic archetypes. (1:28) (Ryan Lattanzio)

*Harry Potter and the Deathly Hallows Part 2 Chances are you aren’t going to jump into the Harry Potter series with Harry Potter and the Deathly Hallows Part 2. So while the movie is probably the best Harry Potter film yet, it’s more a fitting conclusion than a standalone film. For fans of the books, there are no real surprises — this is a close adaptation. And for those Harry Potter movie fans who haven’t read the books, shame on you, and kudos if you managed to not get spoiled. It’s hard for me to offer a serious critical analysis of Part 2, because it represents the end of a long and very emotional journey. (Everyone in that audience was crying. Everyone.) I will say that, as was the case in the book, there are a few overdone, schmaltzy moments that aren’t really necessary. But in the context of the series, they’re forgivable — this may not be the great cinematic event of our generation, but Harry Potter as a whole is sure to be one of our most enduring cultural icons. (2:10) (Peitzman)

*The Hedgehog You needn’t possess the rough, everyday refinement of the characters of The Hedgehog to appreciate this debut feature by director-screenwriter Mona Achache — just an appreciation for a delicate touch and a tender heart. Eleven-year-old Paloma (the wonderful Garance Le Guillermic) is too smart for her own good, bored, neglected by her parents, and left to fend for herself with only her considerable imagination and a camcorder. She drifts around her fishbowl of privilege, a deluxe art nouveau-style apartment building in Paris, leveling her all-too-wise gaze on its denizens and plotting certain suicide on her 12th birthday — that is until a new resident appears in her viewfinder: a kindly Japanese gentleman Kakuro Ozu (Togo Igawa). He has as much of a connoisseur’s eye as Paloma — the proof is in his unlikely focus of attention, the building’s concierge Renée Michel (Josiane Balasko, resembling a burly Gertrude Stein), who hides her cultured and bookish inclinations behind a gruff, drab exterior. They recognize in each other a reverence for an almost monkish life of the mind, the austere elegance of wabi-sabi, and the transient beauty of rough-hewn imperfection, even in the sleek, well-heeled heart of the City of Light. To the credit of Achache, working with Muriel Barbery’s novel, these unlikely fragile friendships between outsiders take hold in a way that sidesteps preciousness and stays with you long after its pages have turned. (1:40) Smith Rafael. (Chun)

The Help It’s tough to stitch ‘n’ bitch ‘n’ moan in the face of such heart-felt female bonding, even after you brush away the tears away and wonder why the so-called help’s stories needed to be cobbled with those of the creamy-skinned daughters of privilege that employed them. The Help purports to be the tale of the 1960s African American maids hired by a bourgie segment of Southern womanhood — resourceful hard-workers like Aibileen (Viola Davis) and Minny (Octavia Spencer) raise their employers’ daughters, filling them with pride and strength if they do their job well, while missing out on their own kids’ childhood. Then those daughters turn around and hurt their caretakers, often treating them little better than the slaves their families once owned. Hinging on a self-hatred that devalues the nurturing, housekeeping skills that were considered women’s birthright, this unending ugly, heartbreaking story of the everyday injustices spells separate-and-unequal bathrooms for the family and their help when it comes to certain sniping queen bees like Hilly (Bryce Dallas Howard). But the times they are a-changing, and the help get an assist from ugly duckling of a writer Skeeter (Emma Stone, playing against type, sort of, with fizzy hair), who risks social ostracism to get the housekeepers’ experiences down on paper, amid the Junior League gossip girls and the seismic shifts coming in the civil rights-era South. Based on the best-seller by Kathryn Stockett, The Help hitches the fortunes of two forces together — the African American women who are trying to survive and find respect, and the white women who have to define themselves as more than dependent breeders — under the banner of a feel-good weepie, though not without its guilty shadings, from the way the pale-faced ladies already have a jump, in so many ways, on their African American sisters to the Keane-eyed meekness of Davis’ Aibileen to The Help‘s most memorable performances, which are also tellingly throwback (Howard’s stinging hornet of a Southern belle and Jessica Chastain’s white-trash bimbo-with-a-heart-of-gold). (2:17) (Chun)

*Higher Ground Higher Ground does not bite off more than it can chew. I guess that should go without saying, but it’s striking how comfortably Vera Farmiga (in her directorial debut) tackles this story of devotion and doubt. Based on the memoirs of Carolyn S. Briggs, who co-wrote the screenplay, this deeply personal film follows Corrine Walker (Vera Farmiga) from her adolescence through the trials of youth and middle age, her marriage to high school sweetheart Ethan (Joshua Leonard), and their lives as members of a small hippie Christian community. Although religion serves as a backdrop for Higher Ground, it doesn’t suffocate the human element of the story; it’s less a film about Christianity than it is about the challenges one woman faces as she tries to find room for herself amidst faith. Farmiga treats her subjects with empathy and humor and crafts a thoughtful, tender slice of sixties Midwest Americana. (1:49) (Cooper Berkmoyer)

*The Interrupters With concern from society and government as a whole at low ebb, communities at greater risk of violence from within than ever have had to come up with their own peace-making solutions. The Interrupters, the latest documentary by Steve James (1994’s Hoop Dreams), shows dedicated efforts to help one of the nation’s worst centers of such bloodshed: Chicago. “Violence is like the great infectious diseases of all history,” says epidemiologist Gary Slutkin, in that it can be stopped from spreading to epidemic proportions by numerous “initial interruption(s) of transmission” at its source. He translated that perspective into the founding of CeaseFire, an organization that doesn’t aim to summarily end the existence of gangs and drug trade. Instead, its plain but hardly simple mission is to stop the shootings, stabbings, etc. which are exacerbated by unemployment, broken families, and other sources of stress whose cumulative effect can rapidly escalate a casual dis to a mortal confrontation. Under CeaseFire’s auspices, Tio Hardiman created the Violence Interrupters program, which drafts people from the community — many former gangbangers themselves — as mediators wading into conflicts to defuse them before things get out of hand. It takes considerable will and nerves of steel; “interrupters” have been shot at, and during the course of this documentary’s year-long span one volunteer lands in the hospital for his trouble. But The Interrupters makes a powerful case against the inevitability of hopelessness turning into violence. (2:05) (Harvey)

*Love Exposure Sion Sono’s Love Exposure opens with the claim that it’s “based on a true event,” which is no doubt its first joke. After the death of his saintly mother, youthful protagonist Yu (Takahiro Nishijima) adapts to the adoption of the priesthood by his father (Atsuro Watabe), though it’s harder to accept the eventual intrusion of an insanely needy new parishioner (a memorable Makiko Watanabe), a crackhead-acting real-life succubus who swiftly destroys dad’s faith and vocation. As a result Yu falls in with a bad crowd, becoming its Jesus in a weird pseudo spiritual observance of taking “peek-a-boo panty photos” while remaining otherwise chaste in anticipation of meeting his own personal Madonna — Holy Virgin and Ciccone personae inclusive. High school heartache, martial arts, Ravel’s Boléro, female impersonation, and the insidious manipulations of an agent (Sakura Ando) from the mysterious, Scientology-like Zero Church all factor prominently in a careening story whose takes on religion, sin, and redemption are nothing if not antic. Just what Sono is saying, however, tends to get lost in the blur. Exposure‘s sheer onslaught, not to mention its scale, have made bowled-over converts out of many viewers. Whether its crazy quilt requires 237 minutes, or 90, or 900 for that matter, is an open question — is the writer-director really going somewhere here, or just going and going and going? (3:57) Roxie. (Harvey)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) (Harvey)

Motherland When Raffi Tang (Francoise Yip) learns of her estranged mother’s death, the prodigal-daughter returns to her hometown, San Francisco, only to discover that nothing is as first supposed. Forced to contend with the protracted legal battle between her late mother and re-married father (Kenneth Tsang) as well as an incompetent (and poorly acted) police detective (Jason Payne), Tang drifts, looking distracted, lost, and maybe vaguely concerned throughout the first two thirds of the film. Yip does little to enliven a flat script rife with stock phrases and worn cinematic conventions, and while her emotional distance seems genuine, it’s boring nonetheless. Motherland is, to its credit, an angry movie — director Doris Yeung drew on her own experience with the murder of her mother — but the rage fizzles when it finally does erupt, smothered by uninspired acting and a directionless screenplay. (1:33) (Berkmoyer)

*My Perestroika Robin Hessman’s very engaging documentary takes one very relatable look at how changes since glasnost have affected some average Russians. The subjects here are five thirtysomethings who, growing up in Moscow in the 70s and 80s, were the last generation to experience full-on Communist Party indoctrination. But just as they reached adulthood, the whole system dissolved, confusing long-held beliefs and variably impacting their futures. Andrei has ridden the capitalist choo-choo to considerable enrichment as the proprietor of luxury Western menswear shops. But single mother Olga, unlucky in love, just scrapes by, while married schoolteachers Lyuba and Boris are lucky to have inherited an apartment (cramped as it is) they could otherwise ill afford. Meanwhile Ruslan, once member of a famous punk band (which he abandoned on principal because it was getting “too commercial”), both disdains and resents the new order just as he did the old one. Home movies and old footage of pageantry celebrating Soviet socialist glory make a whole ‘nother era come to life in this intimate, unexpectedly charming portrait of its long-term aftermath. (1:27) Balboa. (Harvey)

*The Names of Love Arthur (Jacques Gamblin) is a 40-ish scientist being interviewed about the threat of a bird flu epidemic when his radio broadcast is interrupted by 20-something Baya (Sara Forestier), who denounces him on-air as a “fascist” for frightening the public. But then, Baya tends to use that label rather indiscriminately, applying it to anyone who might conceivably have views to the right of the dial — and Arthur is in fact a solid liberal, which means she can bed him for love. As opposed to the many, many other men she beds as a self-described “political whore,” seeking out conservative types in order to seduce them and hopefully induce an idealogical shift by whispering sweet nothings (“Not all Arabs are thieves,” etc.) as they orgasm. Raised by parents whose emotions are so tightly wound his mother won’t acknowledge her parents were Jews killed at Auschwitz, Arthur has a hard time adjusting to a relationship with a lover who is faithful emotionally but sees promiscuity as her propagandic gift to the world. Meanwhile Baya’s largely Algerian family treats garrulous political argument as the very air they breathe. This odd-couple story written by Baya Kasmi and director Michel Leclerc deals with serious issues in both humorous and respectful fashion, making for one of the more novel, delightful and depthed French romantic comedies in a long time. Added plus: lots of antic gratuitous nudity. (1:42) Smith Rafael. (Harvey)

*One Day Why do romantic comedies get such a bad rap? Blame it on the lame set-up, the contrived hurdles artificially buttressed by the obligatory chorus of BFFs, the superficial something-for-every-demographic-with-ADD multinarrative, and the implausible resolutions topped by something as simple as a kiss or as conventional as marriage, but often no deeper, more crafted, or heartfelt than an application of lip gloss. Yet the lite-as-froyo pleasures of the genre don’t daunt Danish director Lone Scherfig, best known for her deft touch with a woman’s story that cuts closer to the bone, with 2009’s An Education. Her new film, One Day, based on the best-selling novel by David Nicholls, flirts with the rom-com form — from the kitsch associations with Same Time, Next Year (1978) to the trailer that hangs its love story on a crush — but musters emotional heft through its accumulation of period details, a latticework of flashbacks, and collection of encounters between its charming protagonists: upper-crusty TV presenter Dexter (Jim Sturgess) and working-class aspiring writer Emma (Anne Hathaway). Their quickie university friendship slowly unfolds, as they meet every St. Swithin’s Day, July 15, over a span of years, into the most important relationship of their lives. Despite the blue-collar female lead and UK backdrop that it shares with An Education, One Day feels like a departure for Scherfig, who first found international attention for her award-winning Dogme 95-affiliated Italian for Beginners (2000). (1:48) (Chun)

*Our Idiot Brother If you thought 1998’s The Big Lebowski had eked all the humor that it could from the Dude, well, screenwriter (and Vanity Fair contributor) Evgenia Peretz, her not-so-idiotic brother (director Jesse Peretz), and star Paul Rudd would differ. They correctly guessed that there are still laughs to be wrung from a shaggy stoner in floral jams, only this time with less fuuuck-s and more benevolent, idiot-savant good vibrations. Dazed and confused broheim 2.0 (Rudd) is glimpsed through the jaded, harried prism of his three dysfunctional, supposedly normal sisters: frumpadelic mom Liz (Emily Mortimer), queen-bitch Vanity Fair writer Miranda (Elizabeth Banks), and slatternly would-be comedian Natalie (Zooey Deschanel). A good-hearted naïf who’s easily entrapped by a uniformed police officer claiming to need some pity doobage, Ned has just emerged from the joint and is now couch-surfing among his sibs, exposing the hypocrisies of bourgie-hipster Brooklyn, as well as the infidelities and vanities of family, friends, and partners (Steve Coogan, Rashida Jones, Adam Scott, and Hugh Dancy) as he goes, in his own good-natured, aw-shucks way. As innocuous (and desexualized) as Andy Griffith beneath the hippie trappings, this dude-with-a-little-d knows where his real family is — with his dog, Willie Nelson, who loves him just as unconditionally. Beastie besties have never seemed so innocent as they are in this proudly feel-good comedy, and despite a cringe-y, saccharine soundtrack and lackadaisical pacing, Rudd’s charismatic sunny slacker and some pointed jabs at the follies of the cooler-than-thou save this indie-that-could. (1:36) (Chun)

*Point Blank Not for nothing did Hollywood remake French filmmaker Fred Cavaye’s last film, Anything for Her (2008) as The Next Three Days (2010) — Cavaye’s latest, tauter-than-taut thriller almost screams out for a similar rework, with its Bourne-like handheld camera work, high-impact immediacy, and noirish narrative economy. Point Blank — not to be confused with the 1967 Lee Marvin vehicle —kicks off with a literal slam: a mystery man (Roschdy Zem) crashing into a metal barrier, on the run from two menacing figures until he is cornered and then taken out of the action by fate. His mind mainly on the welfare of his very pregnant wife Nadia (Elena Anaya), nursing assistant Samuel (Gilles Lellouche) has the bad luck to stumble on a faux doctor attempting to make sure that the injured man never rises from his hospital bed. As police wrangle over whose case this exactly is — the murder of an industrialist seems to have expanded the powers of the stony-faced, monolithic Commandant Werner (Gerard Lanvin) — Samuel gets sucked into the mystery man’s lot, a conspiracy that allows them to trust no one, and seemingly impossibly odds against getting out of the mess alive. Cavaye never quite stops applying the pressure in this clever, unrelenting cat-and-mouse and mouse-and-his-spouse game, topping it with a nerve-jangling search through a messily chaotic police station. (1:24) (Chun)

*Rise of the Planet of the Apes “You gotta love a movie where the animals beat up on the humans,” declared my Rise of the Planet of the Apes companion. Indeed, ape must not kill ape, and this Planet of the Apes prequel-cum-remake of Conquest of the Planet of the Apes (1972) takes the long view, back to the days when ape-human relations were still high-minded enough to forbid smart apes from killing those well-armed, not-so-bright humanoids. I was a fan of the original series, but honestly, I approached Rise with trepidation: I dreaded the inevitable scenes of human cruelty meted out to exploited primates — the current wave of chimp-driven films seems focused on holding a scary, shaming mirror up to the two-legged mammalian violence toward their closest living genetic relatives. It’s a contrast to the original series, which provided prisms with which to peer at race relations and generational conflict. But I needn’t have feared this PG-13 “reboot.” There’s little CGI-driven gore, apart from the visceral opening and the showdown, though the heartbreak remains. Scientist Will (James Franco, brow perpetually furrowed with worry) is working to find a medicine designed to supercharge the brain in the wake of Alzheimer’s — a disease that has struck down his father (John Lithgow). When the experimental chimp that responds to his serum becomes violently aggressive, the project is shut down, although the primate leaves behind a surprise: a baby chimp that Will and his father name Caesar and raise like a beloved child in their idyllic Bay Area Victorian. Growing in intelligence as he matures, Caesar finds himself torn by an existential dilemma: is he a pet or a mammal with rights that must be respected? Rise becomes Caesar’s story, rendered in heart-wrenching, exhilarating ways — to director Rupert Wyatt and his team’s credit you don’t miss the performance finesse of Roddy McDowell and Kim Hunter in groundbreaking prosthetic ape face in the original movies — while resolving at least one question about why humans gave up the globe to the primates. One can only imagine the next edition will take care of the lingering question about how even the cleverest of apes will feed themselves in Muir Woods. (1:50) (Chun)

Sarah’s Key (1:42)

*Senna When Ayrton Senna died in 1994 at the age of 34, he had already secured his legacy as one of the greatest and most beloved Formula One racers of all time. The three-time world champion was a hero in his native Brazil and a respected and feared opponent on the track. This eponymous documentary by director Asif Kapadia is nearly as dynamic as the man himself, with more than enough revving engines and last minute passes to satisfy your lust for speed and a decent helping Ayrton’s famous personality as well. Senna was a champion, driven to win even as the sometimes-backhanded politics of the racing world stood in his way. A tragic figure, maybe, but a legend nonetheless. You don’t have to be an F1 fan to appreciate this film, but you may wind up one by the time the credits roll. (1:44) Smith Rafael. (Berkmoyer)

Seven Days in Utopia (1:38)

Shark Night 3D (1:31)

Sholem Aleichem: Laughing in the Darkness This documentary cuts to the chase right at the beginning: yeah, Sholem Aleichem was the guy who wrote the Tevye stories that inspired Fiddler on the Roof. But filmmaker Joseph Dorman isn’t trying to make Fiddler: Behind the Musical. Instead, he takes an in-depth look at the life, writing career, and cultural significance of “one of the great modern Jewish writers — and our greatest Yiddish writer,” per the film’s press notes. Fans of Jewish lit will be particularly engaged by Sholem Aleichem’s tale; raised in a shtetl in what’s now the Ukraine, he moved around Europe and to the United States pursuing various careers, but always writing the popular stories that addressed not just Jewish life, but broader issues facing turn-of-the-last-century Jews, including the cross-generational conflicts that make up much of Fiddler‘s plot and humor. That said, this film does rely an awful lot on PBS-style slow pans over black-and-white photos and intellectual talking heads; one suspects the subject himself (so devoted was he to entertaining the regular folk who gobbled up his tales) would’ve preferred his life story to unfold in a livelier fashion. (1:33) (Eddy)

*Shut Up Little Man! An Audio Misadventure Once upon a time (1987 to be exact), two young men moved to San Francisco from the Midwest. Eddie Lee “Sausage” and Mitchell “Mitch D” Deprey wound up living in a somewhat derelict apartment in the Lower Haight. The paint was peeling and the walls were thin, but the rent was cheap. What Eddie and Mitch didn’t count on was having Peter J. Haskett and Raymond Huffman as their neighbors. “You blind cocksucker. You wanna fuck with me? You try to touch me and I will kill you in a fucking minute.” “Shut up! Shut up! Shut up! Shut up little man!” The insults, tantrum throwing, and threats of violence coming from next door were constant. Eddie and Mitch started to lose sleep; after one failed attempt at complaining to Raymond’s face (he threatened death), they started tape-recording the endless geyser of vitriol — first, as possible future evidence, but also out of a growing voyeuristic fascination with these two seniors who had to be the world’s oddest and angriest odd couple. The rest is history. Mitch and Eddie started including snippets of Peter and Ray’s bickering on mix tapes for friends. Somehow, the editor of the now-defunct SF noise music zine Bananafish heard a snippet and approached Mitch and Eddie about distributing compilations of the recordings to a large network of found sound fans. Gradually “Peter and Raymond” became known and much-beloved characters. Their warped repartee inspired several theatrical adaptations, short animated films, pages of comic book panels by artists such as Dan Clowes, and even a one-off single from Devo side project the Wipeouters. Matthew Bate’s documentary Shut Up Little Man! An Audio Misadventure is much an attempt to comprehensively recount the above long, strange trip from start to finish; it is also the newest chapter in the now 20-year saga of Peter, Raymond, Mitch, and Eddie. (1:30) Roxie. (Sussman)

30 Minutes or Less In some ways, 30 Minutes or Less is reminiscent of 2008’s Pineapple Express: both are stoner action comedies about normal people shoved into high-stakes criminal activity. But while Pineapple Express was an exciting addition to the genre, 30 Minutes or Less is a flimsy 80-minute diversion that still feels like a waste of time. Jesse Eisenberg plays Nick, a pizza delivery boy who is forced to rob a bank after two would-be criminals strap a bomb to his chest. Strangely, Eisenberg was more charming as Mark Zuckerberg in The Social Network (2010) — and his buddy Chet (Aziz Ansari) doesn’t exactly up the likability factor. There’s actually the potential for an interesting story here: something darker seems appropriate, given that 30 Minutes or Less was inspired by a true story with a very unhappy ending. But the film completely fumbles, delivering an action comedy that’s neither tense nor funny. That means the pizza’s free, right? (1:29) (Peitzman)

The Tree of Life Mainstream American films are so rarely adventuresome that overreactive gratitude frequently greets those rare, self-conscious, usually Oscar-baiting stabs at profundity. Terrence Malick has made those gestures so sparingly over four decades that his scarcity is widely taken for genius. Now there’s The Tree of Life, at once astonishingly ambitious — insofar as general addressing the origin/meaning of life goes — and a small domestic narrative artificially inflated to a maximally pretentious pressure-point. The thesis here is a conflict between “nature” (the way of striving, dissatisfied, angry humanity) and “grace” (the way of love, femininity, and God). After a while Tree settles into a fairly conventional narrative groove, dissecting — albeit in meandering fashion — the travails of a middle-class Texas household whose patriarch (a solid Brad Pitt) is sternly demanding of his three young sons. As a modern-day survivor of that household, Malick’s career-reviving ally Sean Penn has little to do but look angst-ridden while wandering about various alien landscapes. Set in Waco but also shot in Rome, at Versailles, and in Saturn’s orbit (trust me), The Tree of Life is so astonishingly self-important while so undernourished on some basic levels that it would be easy to dismiss as lofty bullshit. Its Cannes premiere audience booed and cheered — both factions right, to an extent. (2:18) (Harvey)

*The Trip Eclectic British director Michael Winterbottom rebounds from sexually humiliating Jessica Alba in last year’s flop The Killer Inside Me to humiliating Steve Coogan in all number of ways (this time to positive effect) in this largely improvised comic romp through England’s Lake District. Well, romp might be the wrong descriptive — dubbed a “foodie Sideways” but more plaintive and less formulaic than that sun-dappled California affair, this TV-to-film adaptation displays a characteristic English glumness to surprisingly keen emotional effect. Playing himself, Coogan displays all the carefree joie de vivre of a colonoscopy patient with hemorrhoids as he sloshes through the gray northern landscape trying to get cell reception when not dining on haute cuisine or being wracked with self-doubt over his stalled movie career and love life. Throw in a happily married, happy-go-lucky frenemy (comic actor Rob Brydon) and Coogan (TV’s I’m Alan Partridge), can’t help but seem like a pathetic middle-aged prick in a puffy coat. Somehow, though, his confused narcissism is a perverse panacea. Come for the dueling Michael Caine impressions and snot martinis, stay for the scallops and Brydon’s “small man in a box” routine. (1:52) (Devereaux)

The Whistleblower (1:58) Smith Rafael.

*!Women Art Revolution Bay Area artist and filmmaker Lynn Hershman Leeson’s vibrant look back at the first waves of feminist art in the ’60s and ’70s is an extremely necessary and impassioned recounting of a history that perpetually seems to be on the edge of erasure. Mixing old and new interviews with artists, critics, and scholars — many of which are from Hershman Leeson’s own personal archive — !W.A.R. lets those who stood at the frontlines of one the most significant movements in contemporary art tell their own stories. Seeing and hearing the testimonies of the likes of Yoko Ono, Cindy Sherman, B. Ruby Rich, Judy Chicago, Carolee Scheeman, Rachel Rosenthal, and Ingrid Sischy, one after another, is dazzling — like being in the presence of an Olympian summit — even as their overlapping tales of pushback, casual misogyny and outright ridicule from critics, the art establishment, and in some cases, their colleagues, paint a damning picture of just how endemic sexism was, and as the need for a film such as !WAR attests to, in many ways still is. (1:23) (Sussman)

Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. Due to the Labor Day holiday, theater information was incomplete at presstime.

Dick Meister: Football breeds violence, Bart breeds cell phone abuse

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By Dick Meister

The media are missing some important factors in the coverage of recent football fan violence and the protests over BART shutting off cell phone service to head off protest demonstrations.

Could the violent nature of football itself possibly have something to do with the violent stadium behavior of 49er and Raider fans, at least unconsciously?

You’ve certainly heard the cheerleader chant for players to “hit ’em again, hit ’em again, harder, harder!” That’s what blockers and tacklers do. Theirs is a violent sport surpassed only by boxing, in which the combatants aim to knock their opponents senseless.

Football fans are easily stirred up by the successful violence of their team against the other team’s violence. Once those violent juices are flowing, who knows what might happen off the field, in grandstands, parking lots and anywhere else opposing fans mix?

What kind of a sport is it, anyway, that relies so heavily on violence? Yes, nicely thrown passes, nifty catches, and exciting open field running are important aspects of football. But violence overshadows the non-violent aspects of the game – violence committed mainly by large men who rely heavily on brute strength.

Fan violence erupted again at the pre-season 49er-Raiders game in Candlestick Park Aug. 20. Two fans were shot, another fan beaten unconscious. Twelve fans were arrested and dozens ejected from the stadium.

The 49er management and San Francisco police have planned steps that they hope will head off future fan violence, among them halting preseason 49er-Raiders games, cutting the hours that the Candlestick parking lot is open for tailgating parties that invariably include lots of drinking and rowdy conduct, and assigning more police to Candlestick duty.

Those and other steps might ease the fan violence, but they will not alter the basic nature of football. You may think it a stretch to blame unsanctioned off-field violence at least in part on the on-field violence that is sanctioned. But though there’s no solid evidence that I’m right, neither is there any that shows I’m wrong.

Violence is much less an issue in the BART situation, although those protesting BART’s cell phone shutoff as well as BART police officers use of deadly force have sometimes gotten violent, pushing and shoving passengers as they picket BART stations and otherwise demonstrate their anger over BART in effect limiting free speech.

That’s a good cause, of course. Who but a tyrant would oppose the right of free speech? BART’s no enemy of free speech, no matter what the protestors from the group “Anonymous” vociferously claim. It is true, though, that BART cut off cell phone service in order to keep protestors from contacting each other and bringing more protestors into BART stations.

But as BART says, its main concern is – and must be – the safety and convenience of its riders, who may or may not agree with the protestors who have been in effect trying to force their views on people who are merely trying to get from one place to another in the fastest, safest way.

Many of those BART riders have been kept from doing that by the protestors, who at one point forced BART to close four of its downtown San Francisco stations during the evening rush hour, stranding thousands of commuters who were trying to get home.

However, despite its concern for the convenience of riders, BART fails to note that merely allowing the use of cell phones on its trains greatly inconveniences at least some riders – and I’m one of them.

To me, one of the most disturbing things about riding on BART is having to listen to fellow passengers loudly jabbering away on cell phones, rudely sharing their mundane personal conversations with all of us. The prospect of that alone has made me and probably others think twice before boarding BART.

So, media, how about some words about the cell phone abusers? And BART – shut off the damn phones!

(Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.)

The real Leland Yee

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tredmond@sfbg.com

It’s early January 2011, and the Four Seas restaurant at Grant and Clay is packed. Everyone who is anyone in Chinatown is there — and for good reason. In a few days, the Board of Supervisors is expected to appoint the city’s first Asian mayor.

The rally is billed as a statement of support for Ed Lee, the mild-mannered bureaucrat and reluctant mayoral hopeful. But that’s not the entire — or even, perhaps, the central — agenda.

Rose Pak, who describes herself as a consultant to the Chinese Chamber of Commerce but who is more widely known as a Chinatown powerbroker, is the host of the event. She stands in front of the room, takes the microphone, and, in Cantonese, delivers a remarkable political speech.

According to people in the audience, she says, in essence, that the community has come out to celebrate and support Ed Lee — but that’s just the start. She also urges them not just to promote their candidate — but to do everything possible to prevent Leland Yee from becoming mayor.

She continues on for several minutes, lambasting Yee, the state Senator who lived in Chinatown as a child, accusing him of about every possible political sin — and turning the Lee rally into an anti-Yee crusade. And nobody in the crowd seems terribly surprised.

Across Chinatown, from the liberal nonprofits to the conservative Chamber of Commerce, there’s a palpable fear and distrust of the man who for years has been among San Francisco’s most prominent Asian politicians — and who, had Lee not changed his mind and decided to run for a full term this fall, was the odds-on favorite to become the city’s first elected Chinese mayor.

The reasons for that fear are complex and say a lot about the changing politics of Asian San Francisco, the power structure of a city where an old political machine is making a bold bid to recover its lucrative clout — and about the career of Yee himself.

Senator Leland Yee is a political puzzle. He’s a Chinese immigrant who has built a political base almost entirely outside of the traditional Chinatown community. He’s a politician who once represented a deeply conservative district, opposed tenant protections, voted against transgender health benefits and sided with Pacific Gas and Electric Co. on key environmental issues — and now has the support of some of the most progressive organizations in the city. He’s taken large sums of campaign money from some of the worst polluters in California, but gets high marks from the Sierra Club.

His roots are as a fiscal conservative — yet he’s been the only Democrat in Sacramento to reject budget compromises on the grounds that they required too many spending cuts.

He’s grown, changed, and developed his positions over time. Or he’s become an expert at political pandering, telling every group exactly what it wants to hear. He’s the best chance progressives have of keeping the corrupt old political machine out of City Hall — or he’s a chameleon who will be a nightmare for progressive San Francisco.

Or maybe he’s a little bit of all of that.

 

Leland Yin Yee was born in Taishan, a city in China’s Guangdong province on the South China Sea. The year was 1948; Mao Zedong’s Communist Party of China had taken control of much of the countryside and was moving rapidly to take the major cities. The nationalist army of General Chiang Kai-Shek was falling apart, and Yee’s father, who owned a store, decided it was time for the family to leave.

The Yees made it to Hong Kong, and since Mee G. Yee had previously lived in the United States and served in the U.S. Army during World War II, he was ultimately able to move the family to San Francisco. In 1951, the three-year-old Leland Yee arrived in Chinatown.

For four years, Yee lived with his sister and mother in a one-room apartment with a shared bathroom while his father worked as a sailor in the merchant marine. It was, Yee recalled in a recent interview, a tight, closed, and largely self-sufficient community.

“The movie theater, the shoe store, the barber shop, food — everything you needed you could get in Chinatown,” Yee said. “You never had to leave.”

Of course, after a while, Yee and his mom started to venture out, down Stockton Street to Market, where they’d shop at the Emporium, the venerable department store. “It was like walking into a different country,” he said. “If you didn’t know English, they didn’t have time for you.”

Yee, like a lot of young Chinese immigrants of his era, put much of his time into his studies — in the San Francisco public schools and in a local Chinese school. “My mom spoke a village dialect, and we had to learn Cantonese,” he said. “Every little kid had to go to Chinese school. We hated it.”

When Yee was eight, his parents managed to buy a four-unit building on Dolores Street, and the family moved to the Mission, where he would spend not only the rest of his childhood but much of his early adult life. He graduated from Mission High School, enrolled in City College, studied psychology and after two years won admission to UC Berkeley.

Berkeley in 1968 was a very different world from Chinatown and even the relatively controlled environment he’d experienced at home in the Mission. “You didn’t protest in school. You’d have been sent home, and your mother would kill you,” he said.

At Berekely, all hell was breaking loose, with the antiwar protests, the People’s Park demonstrations, the campaign to create a Third World College (which led to the first Ethnic Studies Department), and a general attitude of mistrust for authority. “I developed a sense of activism,” Yee said. “I realized I could speak out.”

That spirit quickly vanished when Yee lost faith in some of his fellow activists. “People would work with us, then get into positions of power and use that against you,” he recalled. “A lot of my friends said ‘forget it.’ I left the scene.”

Yee once again devoted his energy to school, earning a masters at San Francisco State University and a Ph.D in child psychology from the University of Hawaii. Along the way, he met his wife, Maxine.

With his new degree, the Yees moved back to San Francisco — and back in with his parents at the Dolores property, where he, Maxine and a family that would grow to four kids would live for more than a decade.

 

Yee worked as a child psychologist for the San Francisco Department of Public Health, starting the city’s first high school mental-health clinic. He went on to become a child psychologist at the Oakland Unified School District, then joined a nonprofit mental health program in San Jose.

In 1986, Yee decided to get active in politics for the first time since college, and ran for the San Francisco School Board. He lost — and that would be the only election he would ever lose. In 1988, he won a seat, and established himself as an advocate for students of color, fighting school closures in minority neighborhoods. He also tried to get the district to modify its harsh disciplinary rules, arguing against mandatory expulsions.

On fiscal issues, though, Yee was a conservative. For his first term, despite the brutal cutbacks of the recession of the late 1980s and early 1990s, he insisted that the district make do with the money it had. His solution to the red ink: Cut waste. Only in 1992, when he was up for re-election, did he acknowledge that the district needed more cash; at that point, he supported a statewide initiative to tax the rich to bring money to the schools.

The sense of fiscal conservatism — of holding the line on taxes, but mandating open and fair contracting procedures and tight financial controls — was a hallmark of much of his political career. When the Guardian endorsed him for re-election to the board in 1992, we wrote that “there’s real value in his continuing vigilance against administrative fat and favoritism in contracts.”

Over the next four years, Yee worked with then-Superintendent Waldemar “Bill” Rojas, a deeply polarizing figure who pushed his own personal theory of “reconstitution” — firing all the staff at low-performing schools — and later was enmeshed in a scandal that led to prison time for a contractor he’d hired. Yee told me he was the only board member to vote against hiring Rojas, but people who were watching the board closely back then say he didn’t always stand up to the superintendent.

He also became what some say was a bit too close with Tim Tronson, a consultant hired by the district as a $1,000-a-day facilities consultant. Tronson wound up getting indicted on 22 counts of grand theft, embezzlement, and conspiracy in a scheme to steal $850,000 from the schools, and was sentenced to four years in state prison.

In 1998, when some school board members wanted to build housing for teachers on property that the district owned in the Sunset, Yee led the opposition — with Tronson’s help. At one meeting at Sunset Elementary School, Yee went so far as to say, according to people present, that “Tim Tronson is my man, and I rely on him for advice.”

Yee acknowledged that he worked closely with Tronson to defeat that housing project. “He was the facilities manager,” Yee explained, “and I said that I trusted his judgment.”

 

Yee has either a great sense of political timing or exceptional luck. He ran for the Board of Supervisors in 1996, facing one of the weakest fields in modern San Francisco history. He was the only Chinese candidate and one of just two Asians (the other, appointed incumbent Michael Yaki, barely squeaked to re-election). In an at at-large election with the top five winning seats, Yee came in third, with 103,000 votes.

He was never a progressive supervisor. In 2000, the Guardian ranked the good votes of what we referred to as Willie Brown’s Board, and Yee scored only 43 percent. He was against campaign finance reform. He supported the brutal gentrification and community displacement represented by the Bryant Square development. He voted to kill a public-power feasibility study and opposed the Municipal Utility District initiative. He opposed a moratorium on uncontrolled live-work development.

In 2002, Yee was one of only three supervisors to oppose Proposition D, a crucial public-power measure that would have broken up PG&E’s monopoly in the city. He stood with PG&E (and then-Sups. Tony Hall and Gavin Newsom) in opposition to the measure, then signed a pro-PG&E ballot argument packed with PG&E lies.

When I asked him about that stand, Yee at first didn’t recall opposing Prop. D, but then said he “stood with labor” on the issue. In fact, the progressive unions didn’t oppose Prop. D at all; the opposition was led by PG&E’s house union, IBEW Local 1245.

Yee was particularly bad on tenant issues. He not only voted to deny city funding for the Eviction Defense Collaborative, which helped low-income tenants fight evictions; he actually tried to get the city to put up money for a free legal fund to help landlords evict their tenants. He opposed a ballot measure limiting condo conversions. He opposed a measure to limit the ability of landlords to pass improvement costs on to their tenants.

In 2001, Yee voted to uphold a Willie Brown veto of legislation to limit tenancies in common, a backdoor way to get around the city’s condo conversion ordinance. Only Hall and Newsom, then the most conservative supervisors on the board, joined Yee. At one point, he started asking whether the city should consider repealing rent control.

He opposed an affordable housing bond in 2002, joining the big landlord groups in arguing that it would raise property taxes. Every tenant group in town supported the measure, Proposition B; every landlord group opposed it.

I asked Yee about his tenant record, and he told me that he now supports rent control. But he said that he was always on the side of homeowners and small landlords, and that property ownership was central to Chinese culture. “I was responding to the Chinese community and the West Side,” he said.

He wasn’t much of an environmentalist, either — at least not in today’s terms. He was one of the only city officials to support a “Critical Car” rally in 1999, aimed at promoting the rights of vehicle drivers (and by implication, criticizing Critical Mass and the bicycle movement).

His record on LGBT issues was mixed. While he supported a counseling program for queer youth when he was on the school board, he also supported JROTC, angering queer leaders who didn’t want a program in the public schools run by, and used as a recruiting tool for, the military, which at that point open discriminated against gay and lesbian people.

 

 

Yee was also one of only two supervisors who voted in 2001 against extending city health benefits to transgender employees.

That was a dramatic moment in local politics. Nine votes were needed to pass the measure, and while eight of the supervisors were in favor, Yee and Hall balked. At one point, Board President Tom Ammiano had to direct the Sheriff’s Office to go roust Sup. Gerardo Sandoval, who was ducking the issue in his office, to provide the crucial ninth vote.

Yee didn’t just vote against the bill. According to one reliable source who was there at the time, Yee spoke to a community meeting out on Ulloa Street in the Sunset and berated his colleagues, quipping that the city should have better things to do than “spend taxpayer money on sex-change operations.”

It was a bit shocking to trans people — Yee had, over the years, befriended some of the most marginalized members of what was already a marginalized community. “There was one person at the rail crying, saying ‘Leland, how could you do this to us,'” Ammiano recalled.

The LGBT community was furious with Yee. “I didn’t speak to him for at least a year,” Gabriel Haaland, one of the city’s most prominent transgender activists, told me.

Yee now says the vote was a mistake — but at the time, he told me, he was under immense pressure. When he voted for the queer youth program, he said, “the elders of the Chinese community ripped me apart. They called my mother’s friends back in the village [where he was born] and said her son was embarrassing the Chinese community.”

That must have been difficult — and he said that “if I had known the pain I had caused, I wouldn’t have voted that way.” But it was hard to miss that pain his vote caused.

On the other hand, people learn from their experiences, attitudes evolve, we all grow up and get smarter, and the way Yee describes it, that’s what happened to him.

In 2006, when he was running for state Senate, Yee met with a group of trans leaders and formally — many now say sincerely — apologized. It was an important gesture that made a lot of his critics feel better about him.

“He didn’t have to do that,” Haaland said. “People change, and he paid for his crime, and that’s genuine enough for me.”

As a former school board member, Yee kept an interest in the schools — but not always a healthy one. At one point, he actually proposed splitting SFUSD into two districts, one on the (poorer) east side of town and one on the (richer) west. “We strongly opposed that,” recalled Margaret Brodkin, who at the time ran Coleman Advocates for Children and Youth. “Eventually he dropped the idea.”

For all the problems, in his time on the Board of Supervisors, Yee developed a reputation for independence from the Brown Machine, which utterly dominated much of city politics in the late 1990s. His weak 43 percent rating on the Guardian scorecard was actually third-best among the supervisors, after Ammiano and the late Sue Bierman.

In 1998, he was one of the leaders in a battle to prevent the owners of Sutro Tower from defying the city’s zoning administrator and placing hundreds of new antennas on Sutro Tower. He, Bierman, and Ammiano were the only supervisors opposing Brown’s crackdown on homeless people in Union Square.

When he ran in the first district elections, in 2000, against two opponents who had Brown’s support and big downtown money, the Guardian endorsed him, noting that while he “can’t be counted on to support worthy legislation … He’s one of only two board members who regularly buck the mayor on the big issues.”

(He never liked district elections, and used to take any opportunity to denounce the system, at times forcing Ammiano to use his position as president to tell Yee to quit dissing the electoral process and get to the point of his speech.)

 

In 2002, the westside state Assembly district seat opened up, and both Yee and his former school board colleague Dan Kelly ran in the Democratic primary. Yee won, and went on to win the general election with only token opposition.

His legislative record in the Assembly wasn’t terribly distinguished. Yee never chaired a policy committee — although he did win a leadership post as speaker pro tem. And he cast some surprisingly bad votes.

In 2003, for example, then-Assemblymember Mark Leno introduced a bill that would have exempted single-room occupancy hotels from the Ellis Act, which allows landlords to evict tenants for no reason. Yee refused to vote for the bill. Leno was furious — he was one vote short of a majority and Yee’s position would have doomed the bill. At the last minute, a conservative Republican who had grown up in an SRO hotel voted in favor.

When he ran for re-election in 2004, we noted: “What’s Leland Yee doing up in Sacramento? We can’t figure it out — and neither, as far as we can tell, can his colleagues or constituents. He’s introduced almost no significant bills — compared, for example, to Assemblymember Mark Leno’s record, Yee’s is an embarrassment. The only high-profile thing he’s done in the past several years is introduce a bill to urge state and local governments to allow feng shui principles in building codes.”

In 2006, Yee decided to move up to the state Senate, and he won handily, beating a weak opponent (San Mateo County Supervisor and former San Francisco cop Mike Nevin) by almost 2-1. His productivity increased significantly in the upper chamber — and in some ways, he moved to the left. He’s begun to support taxes — particularly, an oil severance tax — and when I’ve questioned him, he somewhat grudgingly admits that Prop. 13 deserves review.

He’s done some awful stuff, like trying to sell off the Cow Palace land to private developers. But he has consistently been one of the best voices in the Legislature on open government, and that’s brought him some national attention.

Yee has been a harsh critic of spending practices and secrecy at the University of California, and when UC Stanislaus refused in 2010 to release the documents that would show how much the school was paying Sarah Palin to speak at a fundraiser, Leland flew into action. He not only blasted the university and introduced legislation to force university foundations to abide by sunshine laws; he worked with two Stanislaus students who had found the contract in a dumpster and made headlines all over the country.

He’s fought for student free speech rights and this year pushed a bill mandating that corporations that get tax breaks for job creation prove that they’ve actually created jobs — or pay the tax money back. He’s also won immense plaudits from youth advocates and criminal justice reformers for his bill that would end life-without-parole sentences for offenders under 18.

Along the way, he compiled a 100 percent voting record from the major labor unions, including the California Nurses Association and SEIU, and with the Sierra Club. All three organizations have endorsed him for mayor.

Yee told me that he thinks he’s become more progressive over the years. “My philosophy has shifted,” he said.

Yet when you talk to his colleagues in Sacramento, including Democrats, they aren’t always happy with him. Yee has a tendency to be a bit of a loner — he’s never chaired a policy committee and in some of the most bitter budget fights, he’s refused to go along with the Democratic majority. Yee insists that he’s taken principled stands, declining to vote for budget bills that include deep service cuts. But the reality in Sacramento is that budget bills have until this year required a two-thirds vote, meaning two or three Republicans have had to accept the deal — and losing a Democratic vote has its cost.

“You have to give up all sorts of things, make terrible compromises, to get even two Republicans,” one legislative insider told me. “When a Democrat goes south, you have to find another Republican, and give up even more.”

In other words: It’s easy to take a principled stand, and make a lot of liberal constituencies happy, when you aren’t really trying to make the state budget work.

 

I met Rose Pak on a July afternoon at the Chinatown Hilton. She brought along her own loose tea, in a paper package; the waitress, who clearly knew the drill, took it back to the kitchen to brew. Pak and I have not been on the greatest of terms; she’s called the Guardian all kinds of names, and I’ve had my share of critical things to say about her. But on this day, she was polite and even at times charming.

After we got the niceties out of the way (she told me I was unfair to her, and I told her I didn’t like the way she and Willie Brown played politics), we started talking about Yee. And Pak (unlike some people I interviewed for this story) was happy to speak on the record.

She told me Yee had “no moral character.” She told me she couldn’t trust him. She told me a lot of stories and made a lot of allegations that we both knew neither she nor I could ever prove.

Then we got to talking about the politics of Chinatown and Asians in San Francisco, and a lot of the animosity toward Yee became more clear.

For decades, Chinatown and the institutions and people who live and work there have been the political center of the Chinese community. Nonprofits like the Chinatown Community Development Center have trained several generations of community organizers and leaders. The Chinese Chamber of Commerce, the Six Companies, and other business groups have represented the interests of Chinese merchants. And while the various players don’t always get along, there’s a sense of shared political culture.

“In Chinatown,” Gordon Chin, CCDC’s director, likes to say, “it’s all about personal connections.”

There’s a lively infrastructure of community-service programs, some of which get city money. There’s also a sense that any mayor or supervisor who wants to work with the Chinese community needs to at least touch base with the Chinatown establishment.

Yee doesn’t do that. “He doesn’t give a shit about them,” David Looman, a political consultant who has worked with many Chinese candidates over the years, told me.

Yee’s Asian political base is outside of Chinatown; he told me he sees himself representing more of the Chinese population of the Sunset and Richmond and the growing Asian community in Visitacion Valley and Bayview.

Pak is connected closely to Brown, who Yee often clashed with. For Pak, Brown, and their allies, strong connections to City Hall mean lucrative lobbying deals and public attention to the needs of Chinatown businesses. Then there’s the nonprofit sector.

CCDC and other nonprofits do important, sometimes crucial work, building and maintaining affordable housing, taking care of seniors, fighting for workers rights, and protecting the community safety net. Yee, Pak said, “has never shown any interest in our local nonprofits. We all work together here, and he doesn’t seem to care what we do.” Yee told me he has no desire to see funding cut for any critical social services in any part of town. But he has also made no secret of the fact that he questions the current model of delivering city services through a large network of nonprofits, some of which get millions of taxpayer dollars. And the way Pak sees it, all of that — the nonprofits, the business benefits, the contracts — are all at risk. “If Leland Yee is elected mayor,” she told me, “we are all dead.”

I ran into an old San Francisco political figure the other day, a man who has been around since the 1970s, inside and outside of City Hall, who remains an astute observer of the players and the power relationships in the local scene. At the time we talked, he wasn’t supporting any of the mayoral candidates, but he had a thought for me. “This town,” he said, “is being taken over by a syndicate. Willie Brown is the CEO, and Rose Pak is the COO, and it’s all about money and influence.”

That’s not a pleasant thought — I’ve lived through the era of political machine dominance in this town, and it was awful. In the days when Brown ran San Francisco, politics was a tightly controlled operation; only a small number of people managed to get elected to office without the support of the machine. Developers made land-use policy; gentrification and displacement were rampant; corruption at City Hall turned a lot of San Franciscans off, not only to the political process but to the whole notion that government could be a positive force in society.

A few years ago, I thought those days were over — and to a certain extent, district elections will always make machine politics more difficult. But when I see signs of the syndicate popping up — and I see a candidate like Ed Lee, who’s close friends with Brown, leading the Mayor’s Race — it makes me nervous. And for all his obvious flaws, at least Leland Yee isn’t part of that particular operation. If there’s a better reason to vote for him, I don’t know what it is.

YEE HOME PURCHASE RAISES SUSPICIONS

Rose Pak has a question about Leland Yee. “How,” she asked me, “did the guy manage to buy a million-dollar house on a $30,000 City Hall salary?”

Pak isn’t the only one asking — numerous media reports over the years have examined how Yee raised a family of four and bought a house in the Sunset on very little visible income. And while I’m not usually that interested in the personal finances of political candidates, I decided that it was worth a look.

Here’s what I found: Public records show that in July 1999, Yee and his wife, Maxine, purchased a house on 24th Avenue for $875,000 (it’s now assessed at slightly more than $1 million). At the time, Yee was a San Francisco supervisor, earning a little more than $30,000 a year. (The salary of the supervisors was raised dramatically shortly after Yee left the board and went to the state Assembly.) His wife wasn’t working. And his economic interest statements for that period show no other outside earnings. So the disposable, after-tax income of the entire Yee family couldn’t have been much more than $25,000.

That, by any normal standard, shouldn’t have been enough to float a mortgage that, records show, totaled $516,000. In fact, the interest payments alone on that mortgage alone would total $3,600 a month — more than Yee’s gross income.

Documents in the Assessor’s Office show another paper trail, too. In 1989, Jung H. Lee, Yee’s mother, transferred the deed on a four-unit Dolores St. building where the family had been living to Maxine and Leland Yee — for no money. And a few months before the Yees bought the Sunset house, they took out a $320,000 home-equity loan on that property. That was the down payment on the Sunset property.

Still: At that point, the Yees would have been paying off two mortgages, with a total nut of about $5,000 a month — and supporting four kids, in San Francisco. In 2002, Yee’s economic interest statement’s show some modest income from teaching at Lincoln University — but nowhere near enough to pay that level of expenses.

What happened? Yee explains it this way: “For more than 10 years, we were living rent-free in my parents’ property,” he told me I an interview. “We were a close Chinese family, and my parents provided the food and helped pay for the children’s clothing. So we had almost no expenses and we lived very frugally.”

During that period, Yee was working for the San Francisco Department of Public Health, the Oakland Unified School District, and a San Jose nonprofit, earning, he said, between $50,000 and $90,000 a year. If he saved almost all of that money, he would have had more than a half-million dollars in the bank when he bought the Sunset house.

There’s nothing on any of his economic disclosure forms showing any ownership of stocks or other reportable financial interests during that period, so he wasn’t investing the money. In fact, he says, it was, and is, all in simple savings accounts. A bit unusual for that large a sum of money.

How did he get a mortgage? “Back then,” he said, “banks were willing to lend a lot more freely than they do today.”

Starting in 2003, Yee was in the state Assembly, making a higher salary — but still not much in excess of $100,000 a year. After taxes, he was probably taking home about $75,000 — and $60,000 was going to the two mortgages.

How did he do it? “We have been supplementing our income with our savings,” he said. “We don’t take vacations, we are very careful with our money.” And they clearly aren’t desperate for cash — Yee’s daughter occupies two of the four units in the Dolores St. building they own, but the other two units are vacant.

It’s possible. It’s plausible. But I don’t blame people for wondering how he managed to pull it off. (Tim Redmond, with research assistance by Oona Robertson) 

 

 

 

BIG CORPORATIONS HAVE BACKED YEE

Yee became a prodigious fundraiser in Sacramento — and a lot of the money came from big corporations that had business in the Legislature. And while he has perfect scores from the Sierra Club and the big labor unions, he’s taken tens of thousands of dollars from some of the biggest corporations, agribusiness interests, and polluters in the state. And at times, he’s voted their way.

Since 1993, for example, campaign finance records show Yee has taken more than $20,000 from Chevron, ExxonMobil, Valero, Conoco Phillips, and BP. He’s received another $22,450 from the chemical industry (and industry employees). Most of it came from Clorox, Dow Chemical, and Dupont.

And while the Sierra Club may not have considered it a priority, Sen. Mark Leno has worked hard to pass a bill limiting chemical fire retardants in furniture. In 2008, Yee voted against Leno’s AB 706.

That year he also refused to support a bill that would prohibit the use of the chemical diacetyl in workplaces. The industries that opposed AB 514 (including Bayer, Abbott Laboratories, Pfizer, and Johnson & Johnson) have given Yee a total of more than $60,000.

In 2003, Yee voted against a crucial tenant bill, one that would have prevented the owners of single room occupancy hotels from using the Ellis Act to evict tenants. He received a campaign check for $2,500 from the San Francisco Apartment Association the next day. Landlords in general have given Yee close to $40,000.

Then there’s agribusiness. Yee gets a lot of money from the farming industry, despite the fact that there obviously aren’t many farms in his district. Why, for example, would the California Poultry Association, the California Cattlemen’s Association, and the California Farm Bureau give him money? The Poultry Association’s Bill Mattos told us that Yee “has taken a keen interest in California’s poultry industry.”

Yee also took immense flak from the San Francisco Chronicle and other papers over a 2003 vote against a bill to limit emissions from farm vehicles. In an editorial, the paper wrote that he was “doing dirty work for the lobbyists.” In the end, under immense public pressure, he switched positions and voted for the bill. I asked Yee about all that money from all those bad operators, and he told me — as most politicians will — that campaign cash has never influenced any of his votes.

So why do all these groups give him money? “It’s about whether you will sit down and listen,” Yee said. “I will talk to all sides and at least consider the arguments as a thoughtful human being. Then I vote my conscience.” (Tim Redmond, with research by Oona Robertson) 

5 Things: August 30, 2011

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>>A HURRICANE OF YIPS The great Chihuahua airlift of 2011 — in which a planeload of unwanted West Coast pups were to be flown from L.A. to new homes on the East Coast (where “there is a demand for them”), dubbed “Operation: Chihuahua,” has had to be delayed due to flight rescheduling around Hurricane Irene. But never fear small dog lovers (Chelsea gays)! Virgin is in the process of rescheduling what is surely the Saigon or Berlin airlift of our time, and even offering a “No Chuhuahua Left Behind” package — “each ticket to Mexico booked by 11:59 p.m. Thursday will contribute $25 to support ‘local dogs and future airlift flights.'”

>>24-HOUR VEGAN PIZZA ALERT! 24-HOUR VEGAN PIZZA ALERT! We’ve been really, really into vegan pizza lately here at the Guardian — and while our old standby is a simple veggie minus cheese from neighborhood spot Goat Hill Pizza, we finally had a post-clubbing opportunity to experience newly revamped pie parlour DNA Pizza, conveniently located right next to party-central DNA Lounge itself. It’s open 24 hours! It has lots of options! Best of all, there’s an excellent vegan overload called “The Whole Damn Vegan Garden”: spinach, basil, tomatoes, red onions, artichoke hearts, black olives, daiya vegan cheese, and bell pepper on some pretty great crust. No need to sink into dead grease after drinking at the goth party, y’all. 

>>RAISED VOICES A group from the San Francisco Girls Chorus will be singing and marching in protest today over the non-renewal of its longtime artist director, Dr. Susan McMane. The protestors, comprised of current singers and graduated alumnae, will meet at 5 p.m. at the San Francisco Opera House then sing-march to the San Francisco Girls Chorus building at 44 Page. McMane, who has been with the choir for over 10 years, learned in late July that her contract would not be renewed. The chorus is protesting for answers as to why this decision was made.

>>IF THE GLOVE FITS… Scene from last night’s birthday tribute to MJ at Showdown, hosted by our Fist Fam buddies. We’re still wearing ours today guys. It’s making it really hard to type this.

Photo by Dennis Beckmann

>>LAST NIGHT A BJ SAVED MY LIFE No one on Earth has every maintained a daily video blog for four years — besides BJ Dehut (disclaimer: this might not be true). We’re kind of sorry to turn you onto the LA DJ and marketing consultant’s deal because… well there goes the rest of your afternoon. Here, watch this one and try not to think of his 51 months of backlogged video weirdness, hip-hop, and 1950s knife-throwing mothers.

BART protests continue (VIDEO)

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Protesters returned to downtown San Francisco train stations on August 29, vowing to keep up their schedule of Monday evening rush hour protests until the  BART police are disarmed and retrained, or disbanded. This time, howevef, stations remained open and trains ran on schedule in a protest where both BART police and demonstrators took pains to reach out to commuters angered by recent train service disruptions.

A crowd of 200 people gathered outside of Civic Center station, the location of the July 3 fatal shooting of a 45 year old Charles Hill by BART police.

Hill’s physician, Dr. Rupa Marya, joined the protest a day after releasing an open letter on the shooing calling for BART police to re-examine its use of force policies and training.

“Charles was a member of the invisible class of people in SF–mentally ill, homeless and not reliably connected to the help he needed,” read Marya’s letter. “We often have to deal with agitated–sometimes even violent–patients in the hospital. Through teamwork, tools and training, we have not had to fatally wound our patients in order to subdue them.”

The protest made its way down Market Street entering each station briefly but remaining outside the fare gates. BART police have made it clear recently that their policies only allow freedom of expression outside the paid areas of the station. Previous protests on the train platforms have lead to station closures and train delays – delays that protesters and police have accused each other of causing.

Video taken by Josh Wolf, which includes protesters and counterprotesters, including a debate between Dr. Marya and a supporter of the cops.

As the protesters moved down the Market Street corridor they were shadowed by a small army of BART and San Francisco Police Department officers intent on preventing further station closures.

At Montgomery station Deputy BART Police Chief Daniel Hartwig told the Guardian, “Protesters appear to be following BART’s free speech rules and regulations and at this point we are happy they are. We support their right to protest.”

Behind him the station lobby filled protesters chanting, “How can they protect and serve us? BART police just make us nervous.”

At Embarcadero station an organizer with No Justice No BART challenged BART’s free speech rules.

“Right here you can say what you want. The moment you enter that fare gate you can’t say what you want,” he announced over a megaphone before crossing through the fair gates under heavy police presence.

After speaking out briefly in the paid area of the station, he exited of his own accord and was promptly arrested by BART police along with another protester in a Guy Fawkes mask who also had been using a megaphone.

Muni, which shares several downtown train stations with BART, has shifted in recent years away from police patrols to a “community ambassador” program, largely removing armed SFPD officers from those train and bus lines in favor of unarmed fare enforcement personal. The program has been praised from all sides as an appropriate balance of community safety, and fare enforcement on public transportation.

Robin, a young San Francisco native who said it was her first time participating in the police misconduct protests, characterized the gathering as a success. When asked if she found the presence of so many police intimidating she said “It was meant to be intimidating. That they would bring everyone out to police a small protest shows they fell they have something to be ashamed of.”

While the protesters focused on BART’s use of lethal force, civil liberties groups filed a petition Monday with the Federal Communications Commission, as the national fallout continues over BART’s decision to cut cellphone service to thwart a protest that never developed on August 11.

The coalition including Center for Democracy and Technology, Center for Media Justice, and Electronic Frontier Foundation argues that regardless of First Amendment augments for or against the disruption of cell service in the paid areas of BART’s stations, BART exceeded its authority under federal law. The complaint notes that the Communications Act, which governs cell phone service providers, clearly states the no carrier shall discontinue service without authorization from the FCC.

“It has been settled law for decades that law enforcement agencies have no authority to order discontinuation of phone service on mere suspicion of illegal activity without due process,” the complaint states.

The coalition urged the FCC to address the issue immediately in light of BART’s statements attempting to justify the cell service disruption, and the risk that other government agency may consider similar policies if the FCC does not assert its authority in the matter.

BART’s board of directors held an emergency meeting (Wed/25) to begin crafting a policy outlining to what future instances could lead further shutoffs.

BART has staff defended its disruption of service that took place August 11, saying their intent was to protect public safety.

Doctor questions BART shooting

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Nice piece in the Bay Citizen by Rupa Marya, M.D., who treated Charles Hill, the man killed by BART police. She points to the essential problem — BART cops don’t seem to be able to deal with people who are agitated or mentally ill without shooting them:


While I had seen him agitated before and while I can’t speak to all of his behavior, I never would have described him as threatening in such a way as to warrant the use of deadly force. We often have to deal with agitated and sometimes even violent patients in the hospital. Through teamwork, tools and training, we have not had to fatally wound our patients in order to subdue them.


I understand the police are there to protect us and react to the situation around them, but I wonder why the officer who shot Charles did not aim for the leg if he felt the need to use a gun, instead of his vital organs. I wonder if he possessed other training methods to subdue an agitated man with a knife or bottle.


I feel this situation quite deeply. It is hard to watch our civil servants (police) brutally handle a person and their body when I spend my time and energy as a civil servant (physician) honoring the dignity of that person, regardless of their race or social class, their beliefs or their affiliations.


I can tell you why the officer didn’t shoot Hill in the leg. Cops are trained to to shoot to kill, and only to kill — once a cop draws a gun and fires, he or she has already decided to use lethal force and is supposed to aim for center body mass and fire until the target is down. There are reasons for that — shooting someone in the leg is hard, and if you miss and the person shoots back, you can get killed yourself. Also, if cops were allowed to shoot people in the legs to stop or slow them down, there’d be a lot more police shootings — and sometimes the cops would miss the legs and kill somone who was only supposed to be disabled. Bottom line: Cops shouldn’t be firing their weapons at all unless there’s an immediate threat to their lives or the lives of others.


But therin lies the problem: Since the death of Idriss Stelley, San Francisco cops have been getting additional training in dealing with mentally ill people. It hasn’t always worked, and it’s not a perfect system, but at least there’s been an effort. As Dr. Marya clearly knows, health-care workers in the city have to handle mentally ill people, sometimes agitated people, all the time –without killing them.


The BART cops who shot Hill handled the situation really badly


And I don’t blame Dr. Marya for wanting to join the next protest.

BART board mulls nation’s first cell service disruption policy

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A special meeting of BART’s Board of Directors yesterday (Wed/25) was the first step in crafting a policy outlining the circumstances under which BART staff would be authorized to cut off cell phone service in its train stations. The resulting policy will be the first in the nation, and is likely to act as a model for other government agencies to address the issue.

While BART’s top management defended the suspension of cell phone service to disrupt a protest planned for August 11, BART’s board was divided over whether the suspension of cell service to prevent a protest was justified and what would constitute a justification for cutting cell service in the future.

“This group was encouraging, promoting and inciting illegal behavior on our platform,” BART police Chief Kenton Rainey reminded the board.

“Well, there is illegal activity every day at BART. The response does not feel proportional enough for justification,” responded BART director Tom Radulovich,

BART director Robert Raburn echoed Radulovich’s concerns. “Neither speculation about a protest, nor mere disruption of train service, nor other illegal activity by itself constitutes a risk to passenger safety that would warrant interrupting cell service. We must guard First Amendment freedom of speech, and this will become a landmark case,” said Raburn.

Staff and union representatives stressed that public safety was always BART’s top concern.

Officials from BART’s three unions generally agreed that the shutting of cell phone service was inappropriate, but admonished protesters for conducting protests on the platforms where they say there is a safety risk due to crowding.
“I applaud the individuals, the union supports the individuals who organize, for I understand organizing. I understand protesting,” said Austin Thomas, who represents BART employees from SEIU Local 1021. “But, I would like to see that this forum be the forum to bring your protest, to have your grievances redressed here.”

“The bottom line for BART is that downtown San Francisco at 5 pm is the maximum stress point at the maximum stress time. It’s all about public safety and keeping the trains moving,” stressed BART Assistant General Manager of Operations Paul Oversier.

“We keep going around with these safety issues, but do not be confused: We do not have to have one or the other,” urged director Lynette Sweet, who referenced the 1955 case Pike vs Southern Bell Telegraph.

“In this case, a gentleman by the name of Bull Connors ordered Southern Bell to remove the telephone of one Lewis Pike, described by Mr. Connors as a negro of questionable character who is known to be using his phone for unspecified illegal purpose. That is not where we as BART want to go. We don’t want to tell people, or signify, or specify, that you can’t talk, that you don’t have the ability to talk.”

But BART board Vice President John McPartland took a harder stance. saying the action was justified, and BART need to post signs informing the public of possible disruptions in cell service due to safety issues.

“This is the beginning of a review from a national perspective on this issue. I, for one, think we should maintain our ability to control cell service until we have it looked at from a legislative perspective.” said McPartland.

“Not all free speech is protected. There are some very narrow exceptions, and I believed this to be one of them,” Oversier insisted.

“If we are ever going to shut off cell phone service, ever, it should be for the most valid reasons that I equate with 9-11 [terrorist attack] level. Not the protests that we thought were going to happen on August 11th. We can’t do that,” cautioned Sweet, who wondered out loud if BART couldn’t just apologize for making a mistake and move on.

Members of the public present for the meeting remained dubious about BART creating policy concerning cell phone disruption at all.

Speaking on behalf of protest group No Justice No BART, an activist identifying himself only as Christof told the board, “We are not asking you to fix anything. We just simply don’t trust you to run a police force at all. We are not asking you to improve your free speech policy, we already have a free speech policy – it’s called the constitution.”

He expressed doubts as to whether BART should be trusted with the power to cut cell phone service. “What is the first thing that your police officers did on the Fruitvale platform after they shot Oscar Grant in the back? They tried to confiscate video footage taken by passengers,” Christof accused.

That footage from the New Years Eve shooting of Grant by officer Johannes Mehserle was the beginning of BART’s problems with anti-police brutality protesters.

Other speakers from the public had similar concerns about BART overreaching its authority.

“The proper place to present the arguments we have just heard is not to this board, but in a court room before a judge considering a motion or injunction. Instead of using those existing legal mechanisms, you have taken matters into your own hands as vigilantes,” said Edward Hasbrook representing the Identity Project.

BART officials expect the new policy will be crafted and voted on within a month. They say the new policy will be vetted through BART attorneys, the ACLU, and and BART’s civilian advisory committee. But they cautioned that BART could not envision every emergency that would warrant shutting off of cellular service as they craft their forthcoming policy, so the policy would include some flexibility at the discretion of BART management.

Both the California Public Utilities Commission and the Federal Communications Commission, who regulate cell phone providers, are already examining the legality of BART’s actions. As an afterthought, at the close of the meeting, Sweet urged the board to consult with those agencies over the policy before it is implemented.

BART has only provided cell service in its stations for a short time. While BART is under no legal obligation to provide phone service, once they began providing service they fall under the jurisdiction of the FCC, which regulates cell service nationally.

Speaking in Denver to CNET, FCC Commissioner Robert McDowell said the matter was still under investigation.

“What the heck happened, what precedent does it set, were there any laws that were broken?” McDowell questioned. “Let’s continue with the investigation. We’ll draw conclusions after we have all the facts.”

Even BART must honor free speech rights

46

Given the recent battles between BART and both the physical and online protesters organized by the group Anonymous, it’s no surprise that the live video feed of this morning’s (Wed/24) BART Board of Directors meeting is down due to “technical difficulties.” But we’ll try to follow-up later with what happened during the special meeting focused on BART’s decision to shut down cell service in an effort to thwart a threatened Aug. 11 protest against the latest fatal shooting by BART police.

In the meantime, we have an interesting letter sent this week to the agency by the American Civil Liberties Union, which cites relevant caselaw and makes it clear that BART exceeded its legal authority in shutting down the system. Unfortunately, BART’s stubborn refusal to acknowledge its mistake has spawned continuing protests that are snarling commutes and – given the trigger-happy nature of some BART cops – unnecessarily creating dangerous situations for everyone.

“The people of our state have the right to speak freely as Americans and as Californians. Our supreme court has long held that cutting off telephone service can infringe upon the right guaranteed by the First Amendment, reasoning that because ‘the right of free speech and press are worthless without effective means of expression, the guarantee extends both to the content of the communication and the means for its dissemination.’ Our state constitution is even more protective of free expression than is the First Amendment,” writes staff attorney Michael T. Risher, citing the 1966 Sokol v. Public Utilities Commission case, among others.

The standard set by the Supreme Court for when speech or networks may be cut off is when it creates “a clear and present danger of imminent violence,” which he argues simply wasn’t the case with a protest that never even materialized. And he notes that the courts take an even more dim view of prior restraint, or the regulation of speech before it even occurs.

“BART cannot properly prevent protestors or other cell-phone users from speaking with one another on the telephone in the first place. Our courts have held that even private telephone carriers, whose actions are not constrained by the First Amendment, cannot shut off service simply because they believe that their customers may be using their services to facilitate crime,” he wrote, citing the 1942 ruling in People v. Brophy. “BART, which is bound to follow both the First Amendment and the California Constitution’s Liberty of Speech clause, must not do so either.”

Alerts

0

alerts@sfbg.com

 

THURSDAY 25

The Guardian Forum

This summer, the Bay Guardian — along with cosponsors that include SEIU 1021, the San Francisco Tenants Union, and the Harvey Milk LGBT Democratic Club — has held a series of public forums framing progressive issues for the mayor’s race and beyond. This fifth and final forum focuses on the Environment, Energy, and Climate Change and the panel is Guardian Executive Editor Tim Redmond, Antonio Diaz with People Organizing to Demand Environmental and Economic Rights, Alicia Garza with People Organized to Win Employment Right, former Supervisor Aaron Peskin, and Arc Ecology’s Saul Bloom.

5:30 p.m., free

Koret Auditorium, SF Main Library

100 Larkin, SF

 

FRIDAY 26

Torture and Yoo

The California Young Republican Federation hosts John Yoo as welcoming speaker for its first state convention. Yoo has had international complaints filed against him for his complicity in torture and other crimes against humanity at Abu Ghraib and Guantánamo Bay after writing legal memos justifying harsh interrogation techniques for the Bush White House. Yoo is a professor at UC Berkeley’s Boalt Hall School of Law. Anti-war protestors will gather at the doors to “welcome” convention attendees and protest Yoo.

6:30-8:00 p.m., free

Marine Memorial Club & Hotel

609 Sutter Street, SF

www.cyrf2011.com/


SATURDAY 27

Green Tea Party

The Tea Party Express national bus tour is kicking off in Napa, of all places. To counter the event, the Napa County Green Party is throwing a Green Tea Party with prominent progressive speakers, vegetarian cuisine, fun info booths, and iced green tea. The event will end with a march to the Napa Valley Expo Fairgrounds, where presidential candidates are expected to be speaking to Tea Party supporters. Participants are encouraged to wear green.

10:30 a.m., free

Veterans Memorial Park

Corner of Main and Third, Napa

napa@cagreens.org

(707) 257-7435

 

SUNDAY 28

Preserving the Harvest

The Ecology Center of San Francisco (ECOSF) is hosting a community workshop entitled “Preserving the Harvest: Canning and Drying,” along with a potluck and solar oven pizza making. Spend time with neighbors and friends while learning how to can fruits and tomatoes in the most energy efficient way. ECOSF’s mission is to promote cooperation, community, and respect for the environment, so bring a dish made from your garden to share.

11:00 a.m. – 5:00 p.m.

Near School of Arts athletic field

555 Portola, SF

www.eco-sf.org

 

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Why doesn’t BART just apologize?

48

It’s pretty clear that people are still mad at BART for cutting off cell phone service — and that the agency is doing a miserable job of responding. The latest protest featured BART cops arresting people for nothing more than speaking out in the station, which leaves the train system in the horrible position of attacking First Amendment rights. And the protests are likely to continue, making life difficult for commuters and discouraging people from taking BART.

And it’s all so pointless.

All the anonymous protesters want is for BART to apologize and promise not to cut off cell phone service again. That seems like a really easy solution. Cutting off service was a bad idea in the first place; why not admit it, enact a policy against future disruptions and call it a day? How hard can that be? What level of arrogance is required to ignore a simple way of resolving an increasingly intractable conflict?

The BART directors, never a blue-ribbon bunch, need to get their collective act together. Because this is really stupid.

BART arrests protesters for speaking out

Faced with yet another protest over BART’s disruption of cell phone service on August 11 to preemptively disrupt a protest, and with lingering anger over the BART police shooting of Charles Hill on the Civic Center station platform on July 3, BART police stifled vocalizations of dissent with immediate arrests during an Aug. 22 protest on the Civic Center Station platform.

“Free speech is the best kind of speech,” said one protester on the Civic Center BART platform as the second protest called by the international hacker group Anonymous in as many weeks challenged the BART system at rush hour.

As a few protesters began to gather, surrounded by dozens of riot police and media, a uniformed BART police officer told a young African American man he would be arrested if he raised his voice. Chanting began in response among the small pack of protesters, and the man was promptly arrested by BART police.

As he was being led off the platform by police, a woman who stood in the center of the platform began verbally engaging a BART officer, saying, “BART police need to be reformed. Make BART Safe. Make BART safe.” She was apparently arrested for nothing more then her words. Deputy BART Police Chief Daniel Hartwig said he could not provide any information about what the arrestees would be charged with.

Video by Shawn Gaynor

Shortly after, BART police declared the small gathering an illegal assembly. Riot police surrounded some 40 protesters for arrest as media was ejected from the station.

Civic Center station and Powell Station were both shuttered, blocking many transit passengers from their evening commute.

What started as a cell phone disruption has apparently escalated into BART arresting anyone expressing an unfavorable opinion of BART.

When asked if the arrested represented a new BART police policy for protests, Hartwig told the Guardian BART’s policy remains the same. “This environment has to remain safe, and if that safety is jeopardized in any way, we will make arrests,” he said. “We have a responsibility to maintain a safe station.”

Protesters said it was appropriate to protest on the Civic Center platform because it is the location of the July 11 shooting of Hill by BART police.

Earlier in the day, the National Lawyer’s Guild issued a statement calling on BART to respect passengers’ and community members’ civil liberties during the Aug. 22 demonstration.

“First and foremost, the BART Police should provide transparency regarding the killing of Charles Hill and should stop shooting people, especially unarmed and incapacitated individuals,” the NLG statement read. “Second, BART should apologize for its disruption of cell service on August 11th and not repeat this unconstitutional action. Finally, BART should recognize passengers’ right to freedom of speech on platforms and in trains.”

Calls to the BART for the names of the arrestees and number of arrests had not yet been returned by press time.

After ordering phones censored, BART spokesperson took vacation during protest

7

On August 16, one day after a transit system disruption caused by protests over BART’s unprecedented decision to temporary cut cellular phone during a previous protest, BART Chief Communications Officer Linton Johnson acknowledged to the press that the idea to cut service had been his from the start.

Johnson defended his decision telling the San Francisco Chronicle, “A 1969 U.S. Supreme Court decision, in the Brandenburg v. Ohio case, allows public agencies to put public safety before free speech when there is an imminent danger to the public.”

But was there an imminent danger?

What Johnson failed to acknowledge was that after his idea to order a unprecedented disruption of cellular service to thwart the protest anticipated on August 11 was vetted by BART police, Johnson went on vacation and wasn’t around to help determine what kind of danger the protest – which didn’t end of happening – may have posed. NOTE THE UPDATE BELOW. JOHNSON CLAIMS HE WAS MONITORING THE STATIONS.

In fact, Johnson left on vacation on August 11, the same day the fizzled protest that started a national controversy occurred. So with BART’s plan in motion, and Johnson apparently not on hand, nothing of note happened. No indication was reported by BART or by the media of any trouble at all breaking out on the platforms or paid areas of BART stations on August 11. BART may have been left holding the bag.

An automatically generated e-mail response to the Guardian’s request to interview Johnson read “I will be out of the office starting 08/11/2011 and will not return until 08/16/2011. Please contact Deputy Chief Communications Officer Jim Allison while I am gone.”

On August 15, Johnson’s voicemail message indicated he had returned from vacation early, and would do his best to field phone interview requests within 20 minutes of receiving them.

August 15 happened to be the day that fallout from his plan lead to evening rush hour transit disruptions by protesters with swarms of national and international news representatives on hand. Though interviewed by the nation’s press corp, Johnson chose not to acknowledge the primacy of his decision making role in the censorship until the following day.

Comparing the “imminent danger,” declared by BART, and the #opBART protest called by international hacker group Anonymous on August 15 that caused all Downtown San Francisco BART stations to close for the evening rush, questions arise over what, if any, criteria Johnson used in deciding to pull or not pull the plug on BART cell service.

The Federal Communications Commissions has launched an investigation into BART’s actions, responding to a call by California State Senator Leland Yee.

“We are continuing to collect information about BART’s actions,” stated FCC spokesperson Neil Grace in a statement issued by the agency. “(We) will be taking steps to hear from stakeholders about the important issues those actions raised, including protecting public safety and ensuring the availability of communications networks.”

UPDATE: Johnson finally got back to us by email and wrote, “I offered up the idea on Thursday morning.  BART PD took it to the Interim GM.  The GM approved it then let the Board of Directors know what was to happen that night.  I was  on scene in case the protest broke out.   I left downtown SF around 8pm – I was on a plane that night, which left at 11:50pm.”

 

Stop cell phone censorship

13

EDITORIAL The bizarre move by BART officials Aug. 11 to shut down cell phone service in the underground train stations made headlines around the world — and for good reason. It was, Wired Magazine reported Aug 15, apparently the first time in United States history that a public agency sought to block electronic communications as a way to prevent a political protest.

It came at a time when oppressive governments around the world have been disabling cell phone and internet services to frustrate protest organizers. And it followed months of abysmally bad behavior by the transit agency, which is trying to respond to yet another dubious BART police shooting. Civil liberties activists have issued statements of condemnation and outrage; state Sen. Leland Yee, who is also running for mayor, has called on the BART board to adopt policies preventing future shutoffs.

But the BART board has proven itself unable to properly monitor and oversee its law-enforcement operations. At this point, the state Legislature needs to step in.

It’s not surprising that protesters have been swarming around BART stations this summer. The agency has a history of failing to control its police force, and when an officer shot and killed an apparently drunk man in the Civic Center station July 3, activists were fed up. BART responded badly, refusing to turn over video of the incident — and the more facts that came out, the worse the agency looked.

We understand the frustration that commuters felt when angry activists disrupted service for a brief period during the afternoon rush hour. And we understand BART’s concern that further actions inside the stations could be difficult to control.

But let’s remember: The BART board has never been particularly open to public input and most of its members show little interest in accountability. Over the past two decades, hundreds of people have appeared to speak at board meetings to demand a serious response to police shootings — and nothing ever happened. It took a particularly horrendous incident — a point-blank shooting of an unarmed man that was recorded on video — for the board to create even a modest police oversight program.

BART officials are trying to argue that cell phone service in the underground stations is a new service, something offered at the agency’s discretion — as if BART were some sort of private café that gives its customers free wifi. But that ignores the fact that the Bay Area Rapid Transit District is a government agency, one that has no more business shutting down cell phone service than the White House does blocking a newspaper from publishing embarrassing secrets.

As a practical matter, the decision was foolish: The protesters may have been inconvenienced, but so were hundreds of others who may have been trying to make business calls or connect to family members. In political terms, it was inexcusable. Think about it: A public agency was intentionally disabling communications to prevent a political protest. That’s about as bad as it gets.

We agree with Yee that the BART board ought to set a clear policy against any future attempts to control cell phone service for political purposes. But that’s not likely to happen — and it won’t be enough. The state Legislature needs to pass a measure specifically banning any public agency in California from disabling or interfering with any public communications system for political purposes. We can’t wait to see BART lobbyists show up and try to oppose that one.

Editorial: Stop cell phone censorship

43

The bizarre move by BART officials Aug. 11 to shut down cell phone service in the underground train stations made headlines around the world and for good reason. It was, Wired Magazine reported Aug 15, apparently the first time in United States history that a public agency sought to block electronic communications as a way to prevent a political protest.

It came at a time when oppressive governments around the world have been disabling cell phone and internet services to frustrate protest organizers. And it followed months of abysmally bad behavior by the transit agency, which is trying to respond to yet another dubious BART police shooting. Civil liberties activists have issued statements of condemnation and outrage; state Sen. Leland Yee, who is also running for mayor, has called on the BART Board to adopt policies preventing future shutoffs.

But The BART Board has proven itself unable to properly monitor and oversee its law-enforcement operations. At this point, the state Legislature needs to step in.

It’s not surprising that protesters have been swarming around BART stations this summer. The agency has a history of failing to control its police force, and when an officer shot and killed an apparently drunk man in the Civic Center station July 3, activists were fed up. BART responded badly, refusing to turn over video of the incident and the more facts that came out, the worse the agency looked.

We understand the frustration that commuters felt when angry activists disrupted service for a brief period during the afternoon rush hour. And we understand BART’s concern that further actions inside the stations could be difficult to control.

But let’s remember: The BART Board has never been particularly open to public input and most of its members show little interest in accountability. Over the past two decades, hundreds of people have appeared to speak at board meetings to demand a serious response to police shootings and nothing ever happened. It took a particularly horrendous incident a point-blank shooting of an unarmed man that was recorded on video for the board to create even a modest police oversight program.

BART officials are trying to argue that cell phone service in the underground stations is a new service, something offered at the agency’s discretion as if BART were some sort of private café that gives its customers free wifi. But that ignores the fact that the Bay Area Rapid Transit District is a government agency, one that has no more business shutting down cell phone service than the White House does blocking a newspaper from publishing embarrassing secrets.

As a practical matter, the decision was foolish: The protesters may have been inconvenienced, but so were hundreds of others who may have been trying to make business calls or connect to family members. In political terms, it was inexcusable. Think about it: A public agency was intentionally disabling communications to prevent a political protest. That’s about as bad as it gets.

We agree with Yee that the BART Board ought to set a clear policy against any future attempts to control cell phone service for political purposes. But that’s not likely to happen and it won’t be enough. The state Legislature needs to pass a measure specifically banning any public agency in California from disabling or interfering with any public communications system for political purposes. We can’t wait to see BART lobbyists show up and try to oppose that one.

 

 


Scenes from #opBART: video of the Civic Center protests

Protesters shut down afternoon rush hour BART operations on Aug. 15 as part of a campaign by international hacker group Anonymous in response to the transit agency’s unprecedented move to shut off cell service to prevent a protest. Here’s footage from underground at Civic Center Station, and on the street as stranded commuters sought a way home:

Video by Shawn Gaynor

Editor’s notes

0

marke@sfbg.com

“We live in turbulent times,” my uncle observed last Saturday. He’s right: the world is roiling.

This past week alone: 100,000 students marched in Santiago, Chile to protest education cuts. (The protest turned violent on Friday when police used excessive force and tear-gassed the crowd.) On Saturday, 300,000 people from across the political spectrum marched in Israel, mainly to protest rising housing costs. (A million-person march is planned for next week.)

Syria saw probably its bloodiest weekend of protests yet, as the government sent in more forces to crush anti-authoritarian uprisings. In Spain, a resurgent M-15 — the huge yet ambiguous protest organization that occupied Madrid’s main square this summer — was blocked by anti-riot police from re-occupying Puerto del Sol. And, in Tottenham, London, a peaceful vigil for a man slain by police was stoked into a weekend of riots that is spreading throughout the city as of this writing.

The swelling protests are all unique in their ways, but we certainly seem to be in the midst of a global “protest movement movement.” Many of the demonstrations — at least the nonviolent ones — have been presented in the media as a continuation of the Arab Spring, due to the important role of online social media and the peaceful, game-changing aspirations of participants. And in most of the recent protests, there is evidence of a frightened and over-reactive government (the Chinese government, quaking over growing unrest due to its cover-up of a train crash last month, is flailing at online censorship) or a woefully unprepared police force (the Tottenham police were severely late in addressing public questions about the shooting, and failed to heed community leader warnings about potential violence).

But all have to do with economic inequality, an overwhelming feeling of powerlessness in the face of ineffectual governance, and an onslaught of austerity cuts imposed from above. Last week’s odious debt ceiling charade by American “leaders” has just ensured massive national austerity cuts, and made the economy a lot more anxious (and unequal). Hands up if you feel powerless.

I think of two recent large examples of Bay Area economic unrest: the 2009 student demonstrations against University of California tuition hikes and the reaction to the Mehserle verdict last year. Are we prepared to channel the coming frustration into an expansive, nonviolent popular movement that builds on positive momentum, includes everyone, and brings a whiff of the Arab Spring to our shores?

Anger erupts over police shootings

11

rebeccab@sfbg.com

As the murky details of two recent police shootings emerge, a palpable anger surging through targeted communities points to a deeper issue than the particular circumstances surrounding each of these deaths. Simply put, many Bay Area communities are fed up with police violence.

For many activists who descended on transit stations to protest the fatal BART police shooting of Oscar Grant III, the 20-year-old unarmed Hayward man who was killed on New Year’s Day 2009, an upwelling of rage was rekindled after BART cops shot and killed a homeless man named Charles Blair Hill on July 3 in Civic Center Station.

Then, on July 16, San Francisco police officers in the Bayview shot 19-year-old Kenneth Wade Harding Jr. multiple times after he ran from the T-Third train platform because he’d been stopped for fare evasion, leaving him dead on the sidewalk.

The recent officer-involved shootings occurred under two different law enforcement bodies, and both incidents remain under police investigation with many questions still unanswered. BART police say Hill was brandishing a knife; the San Francisco Police Department (SFPD) said its response was justified because Harding fired at officers first. The investigation in Harding’s case took a bizarre twist July 21 when SFPD issued a press release based on a medical examiner’s report stating that Harding had died not from rounds fired by police, but a self-inflicted gunshot wound.

But among communities distrustful of the police, the particulars of each case seemed to matter less than the perception that officers are too quick to escalate conflicts into deadly standoffs. Both incidents provoked intense anger because they resulted in marginalized transit passengers suffering sudden, violent deaths following interactions that were initiated by police. The shootings sparked angry protests, prompting standoffs at Civic Center BART Station, along the T-Third line in the Bayview, on Valencia Street, in Dolores Park, inside the Castro Muni Station, and at the cable car turnaround on Powell Street.

A group of activists staged protests in the Mission following the Bayview police shooting, snaking through the streets as they disrupted traffic and public transit service. “The march began at Dolores Park where nearly 200 of us departed,” an anonymous post on the anticapitalist Bay of Rage website recounted, describing the events of a July 19 protest that resulted in 43 arrests. “Upon reaching the Castro Muni Station, all hell broke loose…. What had now become a mob moved effortlessly past the bewildered cops … Trash was set alight and thrown down onto the tracks below … ticket machines, the fare checkpoints, and the agent booth were all smashed with hammers and flags — totally ruined. Smoke bombs and fireworks were thrown throughout the station.”

This display occurred just eight days after protesters shut down BART stations in downtown San Francisco during rush hour to condemn the fatal shooting of Hill, the homeless BART passenger.

The message from outraged Bayview residents at a chaotic and emotionally charged community forum staged July 20 at the Bayview Opera House was not that people were upset that this had happened to Harding, a Washington state resident, in particular. Instead, people expressed outrage that police had gunned down yet another African American youth, and that unless some complicated and long-standing issues were addressed, it could happen again, to anyone. The forum was organized in partnership with the SFPD and clergy members from the Bayview. Police had prepared a PowerPoint presentation, but never managed to get that far.

At the meeting, Police Chief Greg Suhr tried to provide an explanation for the July 16 shooting. “During this foot pursuit, at some point in time, the suspect … fired at the officers, and the officers returned fire. This is the account that we have so far,” he said. “I cannot tell you how badly that I feel … as captain of this station for two years,” Suhr continued, as an angry crowd shouted him down.

Police escorted Suhr out of the meeting before everyone who had signed up to speak had a chance to be heard. Once outside, the police chief told reporters that he planned to return.

After Suhr and other city officials departed from the meeting, District 10 Supervisor Malia Cohen stayed at the Bayview Opera House and addressed the crowd that remained, she later told the Guardian, and engaged in discussion with Bayview homeowners, merchants, and other community stakeholders.

“We had a very thoughtful conversation,” she said. “People had questions about [Municipal Transportation Agency] policy over the SFPD riding the bus. We talked about the importance of attending Board of Supervisors meetings, Police Commission meetings, and giving public comment. And there will be future conversations, without obstruction.”

Many who attended the meeting voiced concerns that went well beyond the July 16 incident. Several said they believed youth were unduly harassed by law enforcement over Muni fares on a regular basis. Elvira Pollard spoke about how her son was shot 36 times by police and killed seven years ago. Another woman complained that police had used abusive language when she was arrested in the Bayview four years ago.

Mayor Ed Lee told the Guardian that a bigger police presence at the Oakdale/Palou stop on the T-Third line was part of the city’s strategy to prevent violence in that area. “I actually asked the chief to pay more attention to areas that had a history of gun violence and shootings and other kinds of violence … and it just so happens that this particular area, Third and Palou, is a place where there’s a lot of violence,” Lee said. “So we had more uniformed officers on that specifically at not only my request, but with the understanding of the police chief, too.”

Responding to acts of violence by sending in more police sounds simple enough, yet it seems a toxic environment has arisen out of a heightened police presence in a community where tensions between police and residents already run high, fueled by anxiety and bad past experiences. Add to this dynamic a trend of youth who lack other transportation alternatives riding public transit even if they don’t have enough money to pay the fare, and the situation feeds ongoing strife, particularly when fare evaders are asked for identification and searched by police.

Lee, in partnership with Cohen, called a meeting in City Hall July 19 with leaders of the Bayview community. The press was not allowed to attend, but participants said later that officials gave a presentation about the shooting and played an audio of gunfire from the SFPD’s SpotShotter program to offer evidence that Harding had fired first. Later that day, the SFPD reported that gunshot residue had been detected on Harding’s hand, supporting the police account of what happened. Yet the July 21 press release, suggesting that Harding had shot himself because a .380-caliber bullet that police said could not have come from SFPD firearms had entered the right side of Harding’s neck, made it even less clear what really happened.

By July 22, confusion was still swirling over why a gun hadn’t immediately been recovered from the scene of the shooting, and there still wasn’t any clarity on whether an online video of a passerby removing a silvery object from the sidewalk showed a person who retrieved Harding’s firearm after the shooting, as police have claimed. Police recovered a gun that was initially believed to be Harding’s, but later reported that the gun could not have been the same weapon that discharged a .380 caliber round into the victim’s head.

Chris Jackson, a Bayview resident who sits on the board of City College of San Francisco and ran for District 10 supervisor in 2010, said after the City Hall meeting that he felt it had amounted to little more than a lecture from the city’s top officials. Jackson said he perceived a need for a policy shift in terms of how to deal with fare evasion and violence prevention. “We need a better approach,” he said. “We cannot address this with more cops on the T line.”

After Harding’s death, it came to light that the 19-year-old Washington state man had served time for attempting to promote prostitution, and had been named as a person of interest in connection with the fatal shooting of a 19-year-old Seattle woman. Yet a widely circulated online video showing him writhing on the sidewalk in a pool of blood after being shot, while a handful of officers continued to stand around with weapons drawn, sparked outrage. Once the forum at the Bayview Opera House had broken up, LaDonna Callaway condemned the police response, saying, “They didn’t have to shoot him as many times as they did.”

Angelique Mayhem, a Bayview resident who stood nearby, told the Guardian that she didn’t think the meeting had solved anything. “A boy gets gunned down. We don’t know if there was a gun there, but we do know that for 40 damn years, people have been getting gunned down in this community,” Mayhem said. “People are angrier now than when they were when they walked in the door. We’re a community that’s truly in pain, that’s truly frustrated, and really needs some respect.”

Waste Management sues SF over garbage contract

2

The already intense fight between Recology (formerly NorCal Waste) and Waste Management over SF’s next landfill contract just got more intense: today Waste Management of Alameda County announced that it is filing a lawsuit in San Francisco Superior Court to prevent the final award of a new long-term solid waste transportation agreement and landfill disposal contract to Recology on the grounds that awarding the contract would violate SF’s “competitive bidding ordinances.”

Now, Recology boosters will likely seek to frame this legal challenge as sour grapes over the city’s $11 million-a-year landfill contract. But WMAC’s suit represents a fundamental challenge to how SF’s $225-million-a-year solid waste stream is controlled: the suit requests a judicial declaration regarding the scope of the city’s 1932 Refuse Collection and Disposal Ordinance as it pertains to the transportation of residual wastes to a designated landfill outside city limits.


“The Department of the Environment [DoE] inappropriately and unlawfully expanded the scope of its 2009 ‘Request for Proposal for Landfill Disposal Capacity’ and, therefore, violated the City’s competitive procurement laws,” WMAC alleges.

WMAC has long held that DoE inappropriately issued a tentative contract award for both the transportation and disposal of solid waste to Recology on September 10, 2009, without soliciting any other transportation bids and in violation of longstanding City ordinances. Thanks to the 1932 ordinance, Recology has ended up with a monopoly over collecting and transporting waste through the streets of San Francisco. But that ordinance clearly does not apply to waste transported outside city limits, so folks have been asking if it would be greener to barge the city’s waste to nearby landfills. And they have been questioning whether ratepayers would benefit from lower rates if all of San Francisco’s garbage services, and not just the landfill contract, were put out to competitive bid.


Meanwhile, DoE, which sees $7 million of its own annual operating expenses for recycling, green building, and environmental justice programs and long-term planning for waste disposal incorporated into the garbage rates that Recology’s residential and business customers pay, ruled last year that WMAC’s objections were “without merit.”

So, now WMAC is taking its concerns to the Superior Court, asking that the court require DoE to scrap its tentative contract award to Recology for both waste disposal and waste transportation, and issue a new request for proposal to comply with existing competitive bidding requirements.

“WMAC is resolute in its commitment to providing the City and County of San Francisco with superior disposal services and responding to a Request for Proposal that is fairly administered,” WMAC’s Area President Barry Skolnick stated in a July 18 letter to the SF Board of Supervisors.

The move comes two days before the Board’s Budget and Finance subcommittee was scheduled to vote on approving a 10-year landfill disposal and facilitation agreement with Recology.

 The Board scheduled the vote last week, after it became clear that an initiative to require competitive bidding and franchise fees from waste management companies that seek to collect garbage in San Francisco, would not qualify in time for the November ballot. (Proponents of that initiative say they have enough signatures to qualify it for the June 2012 ballot. And they believe the question of whether candidates support competitive bidding on the city’s lucrative municipal solid waste collection, recycling, and disposal business continue to be a defining issue during the 2011 election.)


The landfill disposal and facilitation vote had already been delayed several months this year, following a Budget and Legislative analyst report that threw a curveball at the DoE’s plan by recommending that the Board consider submitting a proposition to the voters to a) repeal the city’s existing 1932 refuse ordinance such that future collection and transportation services be put to bid, and b) that future residential and commercial refuse collection rates be subject to Board approval. But so far, no supervisors have placed such a charter amendment on the November election.


The landfill disposal contract that the Budget and Finance sub-committee was to consider July 20 authorizes 5 million tons of solid waste disposal, or ten years, at Recology’s Ostrom Road landfill in Yuba County. It is worth in excess of $120 million, if the maximum of 5 million tons is reached, with all associated fees and costs to be passed onto, and  paid for by, refuse rate payers, not city funds. It allows for the Hays Road landfill in Vacaville to be used as a “back-up landfill.” And would allow Recology to pass on up to $10 million in rail hauler penalties, should the Ostrom Road landfill rail spur not be completed on time.


The facilitation agreement that the Board was also set to consider July 20, which governs how San Francisco’s waste is transported to its designated landfill, includes an additional rail transportation fee of $563 per rail container in future residential rate application increases that the Director of the Department of Public Works approves. (Unless there is an appeal, in which case it goes to the Rate Board, which is composed of the City Administrator (the post Ed Lee held before he was named mayor, and to which he wants to return,) the SF Public Utilities Commission director, and the Controller. And. in the event the cit

CCSF paid Recology $6.2 million to dispose of solid waste from city-owned facilities in FY 2010-11, and those costs are expected to increase by three percent to $6.4 million, according to the language of the ordinance that the Board’s budget and finance committee was set to consider this week.

As of press time, the Guardian was unable to reach anyone at City Hall to see if the city is seeking injunctive relief from WMAC’s filing, which provides a summary of San Francisco’s existing ordinances, a chronology of the events leading up to the DoE’s tentative award of the transportation and disposal contract to Recology and the subsequent bid protest filed by WMAC. {We’ll be sure to provide an update as the city’s response to the suit becomes available.)

“WMAC has exhausted all available and/or required administrative remedies,” WMAC states, noting that its filing also documents conflicting positions by DoE regarding the scope of the city’s Refuse Collection and Disposal Ordinance that San Francisco voters approved almost 80 years ago.

According to WMAC, DoE’s May 8 2008 Request for Qualifications stated that “the 1932 Refuse Collection and Disposal Ordinance …. does not address consolidating materials, processing for material recovery or transporting them to other facilities.”

According to WMAC, DoE re-stated this position in its Feb. 9, 2009 Request for Proposals.

“Yet in response to WMAC’s bid protest on (date) the Department stated there was no need to competitively bid transportation services outside the City limits since Recology was the only entity permitted under the 1932 ordinance to transport wastes from the in-city transfer station to an out-of-city landfill. “

As a result, WMAC is requesting the Court to rule on the scope of the 1932 Ordinance.

WMAC also notes that the Board of Supervisors designated the Altamont Landfill as the disposal site for all refuse collected within the City from November 1, 1998 through October 31, 2053, or until the City deposits 15 million tons. And that the 15 million ton has yet to be reached.

“There is ample time for the Department to issue a new RFP,” WMAC claims.