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Best of the Bay 2009: Arts and Nightlife

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Editors Picks: Arts and Nightlife

BEST BLOODY QUEEN

A gut-spewing zombie drag queen roller derby in honor of Evil Dead 2. An interview with The Exorcist‘s Linda Blair preceded by a rap number that includes the line, "I don’t care if they suck their mother’s cock, as long as they line up around the block!" A virtual wig-pulling catfight with Elvira, Mistress of the Dark. All this and more have graced the proscenium of the Bridge Theater as part of the jaw-dropping (literally) Midnight Mass summertime B-movie fun series, brought to us by the always perfectly horrific Peaches Christ. Her wigs alone are usually enough to scare the jellybean-bejeezus out of us, but Peaches combines live craziness with wince-worthy flicks to take everything over the top. After this, her 12th season of disembowelled joy, Peaches is moving on from Midnight Mass to become a director in her own right — she just wrapped up filming All About Evil with Natasha Lyonne and a cast of local fleshbots. Look for it in your googleplex soon, and know that Peaches still stumbles among us.

www.peacheschrist.com

BEST FLAMIN’ FUN

Kids, really, don’t try this at home. Don’t hook up your two-player Dance Dance Revolution game to a row of flamethrowers. Don’t rig said game to blast your dance competitior with a faceful of fire in front of an adoring crowd if they miss a step. Don’t invest in enough propane to fuel a small jet, a flaming movie screen for projecting all those awkward dance moves onto, and a booming sound system to play all the Japanese bubblegum techno you could ever hope to hear. Leave the setup to Interpretive Arson, whose Dance Dance Immolation game has wowed participants and spectators alike from Black Rock City to Oaktown — and will scorch Denmark’s footsies this fall. Do, however, seek out these intrepid firestarters, and don a giant silver fireproof suit with a Robby the Robot hood. Do the hippie shake to the mellifluous tones of Fatboy Slim and Smile.dk, and prepare yourself to get flamed, both figuratively and literally.

www.interpretivearson.com

BEST PENGUIN PARTY, PLANETARIUM INCLUDED

Penguins are damn funny when you’re drunk. They’re pretty entertaining animals to begin with, but after a couple martinis those little bastards bring better slapstick than Will Ferrell or Jack Black. But tipsily peeping innocent flightless birds — plus bats, butterflies, sea turtles, and manta rays — is just one of many reasons to attend Nightlife, the stunningly rebuilt California Academy of Sciences’ weekly Thursday evening affair. This outrageously popular (get there early) and ingenious party pairs gonzo lineups of internationally renowned DJs and live bands with intellectual talks by some of the world’s best-known natural scientists. Cocktails are served, the floor is packed, intellects are high — and where else can you order cosmos before visiting the planetarium? Another perk: the cost of admission, which includes most of the academy’s exhibits, is less than half the regular price, although you must be 21 or older to attend. Come for the inebriated entertainment, stay for the personal enrichment.

Thursdays, 6 p.m., $8-<\d>$10. California Academy of Sciences, 55 Music Concourse Dr., Golden Gate Park, SF. (415) 379-8000, www.calacademy.org/events/nightlife

BEST LINDY HOP TO LIL’ WAYNE

Retain a fond nostalgia for the 1990s swing revival scene? Swing Goth is the event you’ve been waiting for. Not quite swing and not even remotely goth, Swing Goth gives swing enthusiasts the go-ahead to boogie-woogie to modern tunes at El Rio. This isn’t your grandmother’s fox trot: rock, rap, ’80s, alternative, Madchester, Gypsy punk, and almost anything else gets swung. Held on the first and third Tuesday of each month and tailored for beginners, this event draws an eclectic crowd that includes dudes who call themselves "hep cats," Mission hipsters, and folks who rock unironic mom jeans and Reebok trainers. If you’re new to swing, arrive at 7:30 and take a one-hour group lesson with ringleader Brian Gardner, who orchestrates the event, to get a quick introduction to swing basics before the free dance. Lessons are $5, but no extra charge for ogling the cute dykes who call El Rio their local watering hole. Swing? Schwing!

First and third Tuesdays, 7 p.m., free. El Rio, 3158 Mission, SF. (415) 282-3325, www.swinggoth.com

BEST CELESTIAL TRAJECTORISTS

Who can take a sunburst of boomer rock inspirations — like The Notorious Byrd Brothers–<\d>era Byrds and Meddle-some Pink Floyd — sprinkle it with dew, and cover it with chocolaty nouveau-hippie-hipster blues-rock and a miracle or two? The fresh-eyed, positive-minded folks of Assemble Head in Sunburst Sound can, ’cause they mix it with love and make a world many believed had grown hack and stale taste good. Riding a wave of local ensembles with a hankering for classic rock, hard-edged Cali psych, Japanese noise, and wild-eyed film scores, the San Francisco band is the latest to make the city safe once more for musical adventurers with open minds and big ears. What’s more, the Assemble Head in Sunburst Sound’s inspired new third album, When Sweet Sleep Returned (Tee Pee) — recorded with help from Tim Green at Louder Studios — has fielded much press praise for space-traveling fuzzbox boogie blowouts like "Drunken Leaves" and blissed-out, sitar-touched jangle rambles such as "Kolob Canyon." Consider your mind burst.

www.myspace.com/theassembleheadinsunburstsound

BEST DANCE DYNAMO

You can’t miss him. He has legs like tree trunks and arm muscles that ripple like lava. When he leaps you think he’ll never come down, and his turns suggest the power of a hurricane. He is dancer Ramón Ramos Alayo, Six years ago he founded the CubaCaribe Festival that now packs in dance aficionados of all stripes, and he’s one of the shaping forces behind the wild San Francisco Carnaval celebration. He runs Alayo Dance Company, for which he choreographs contemporary works with Afro-Cuban roots, and he teaches all over the Bay Area — as many as 60 people show up for his Friday salsa classes at Dance Mission Theater. But Ramos is most strikingly unique as a performer. Ramos is as comfortable embodying Oshoshi, the forest hunter in the Yoruba mythology, as he is taking on "Grace Notes," a jazz improvisation with bassist Jeff Chambers. No wonder Bay Area choreographers as radically different as Joanna Haigood, Sara Shelton Mann, and Robert Moses have wanted to work with him.

www.cubacaribe.org

BEST BLUEGRASS AMNESIAC

Toshio Hirano packs a mean sucker punch. At first glance he’s a wonderfully eccentric Bay Area novelty, a yodeling Japanese cowboy playing native songs of the American heartland. Yet upon further inspection, it becomes as clear as the skies of Kentucky that Toshio is the real deal when it comes to getting deep into the Mississippi muck of Jimmie Rodgers-<\d>style bluegrass. Enchanted by the sound of American folk music as a Japanese college student, Toshio soon ventured stateside to spend years traveling and playing from Georgia to Nashville to Austin before finally settling in the Bay Area. Today, Toshio plays once a month at Amnesia’s free Bluegrass Mondays to standing-room-only crowds. Stay awhile to hear him play Hank Williams’s "Ramblin’ Man" or Rodgers’s "Blue Yodel No. 1(T for Texas)." It’ll clear that Toshio’s novelty is merely a hook — his true appeal lies in his ability to show that there’s a cowboy lurking inside all of us.

www.toshiohirano.com

BEST COMMUNITY CHOREOGRAPHERS

A collective howl went up in 1995 when it was announced that the annual festival Black Choreographers: Moving into the 21st Century at Theater Artaud was ending due in part to lack of funding. But two East Bay dancers, Laura Elaine Ellis and Kendra Kimbrough Barnes, actually did something about it, working to ensure that African-American dancers and dance-makers received attention for the range and spirit of their work. It took 10 years, but in 2005, Ellis and Kimbrough Barnes helped launch Black Choreographers Festival: Here and Now, which takes place every February in San Francisco and Oakland. The three-week event is a fabulous way for a community to celebrate itself and to invite everyone to the party. While the choreographers’ range of talent and imagination has been impressive — and getting better every year — the performances are merely the icing on the cake. Master classes, mentoring opportunites for emerging artists, and a technical theater-training program for local high school and college students are building a dance infrastructure the next generation can plug into.

www.bcfhereandnow.com

BEST MADCAP POP MAIDENS

San Francisco can always use another all-female band — and Grass Widow satisfies that need beautifully, cackling with brisk, madcap rhythms and rolling out a happy, crazy quilt of dissonant wails. Drummer-vocalist Lillian Maring, guitarist-vocalist Raven Mahon, and bassist-vocalist Hannah Lew are punk as fuck, of course — in the classic, pre-pre-packaged noncodified mode — though many will instead compare the trio’s inspired, decentered pop to dyed-in-the-bluestockings lo-fi riot grrrl. Still, there’s a highly conscious intensity to Grass Widow’s questioning of the digital givens that dominate life in the late ’00s, as they sing wistfully then rage raggedly amid accelerating rhythms and a roughly tumbling guitar line on "Green Screen," from their self-titled debut on Make a Mess: "Flying low into trees. We exist on the screen. Computer can you hear me? Understand more than 1s and 0s?" Grass Widow may sweetly entreat the listener, "Don’t make a scene," but if we’re lucky, these ladies will kick off a new generation of estrogen-enhanced music-making.

www.myspace.com/grasswidowmusic

BEST PURPLE SING-ALONG

Karaoke is one of those silly-but-fun nightlife activities that always has the potential to be awesome but usually isn’t. The song lists at most karaoke bars suck, the sound systems are underwhelming, and no matter where you go there’s always some asshole bumming everyone out with painful renditions of Neil Diamond tearjerkers. Well, not anymore! Steve Hays, a.k.a. DJ Purple, is a karaoke DJ — or KJ — who has single-handedly turned the Bay Area’s once tired sing-along scene into a mother funkin’ party y’all. DJ Purple’s Karaoke Dance Party happens every Thursday night at Jack’s Club. Forget the sloppy drunks half-assing their way through Aerosmith and Beyoncé songs. DJ Purple’s Karaoke Dance Party is all about Iron Maiden, Snoop Dogg, Led Zeppelin, and Riskay. No slow songs allowed. An actual experienced DJ, Hays keeps the beats running smooth, fading and blending as each person stumbles onstage, and even stepping in for saxophone solos and backup vocals when a song calls for it. And sometimes even when it doesn’t.

Thursdays, 9 p.m., free. Jack’s Club, 2545 24th St., SF. (415) 641-5371, www.djpurple.com

BEST FLANNEL REVIVAL

In this age of continual retro, it comes as a surprise that listening to mainstream ’90s alternative rock can give you, under the right inebriated circumstances, the kind of pleasure not experienced since heroin went out of vogue. Debaser at the Knockout has become one of the best monthly parties in San Francisco, largely because it gives ’80s babies, who were stuck playing Oregon Trail in computer class while Courtney Love and Kat Bjelland were rocking it out in Portland, the chance to live out their Nirvana-era dreams. Debaser promoter Jamie Jams is the only DJ in San Francisco who will spin the Cranberries after a Pavement song, and his inspired mixology is empirically proven to induce moshing en masse until last call, an enticingly dangerous sport now that lead-footed Doc Martens are back in style. Sporting flannel gets you comped, so for those still hung up over Jordan Catalano and the way he leans, Debaser is rife with contemporary, albeit less angsty, equivalents.

First Saturdays, 9 p.m., Knockout, 3223 Mission, SF. (415) 550-6994, www.myspace.com/debaser90s

BEST CRANIUM MONOPOLY SCRABBLE RISK

The shaky economy’s probably put your $60 concert plans on hold and relegated those high-rolling VIP nights to the back burner. So it’s a great time to return to the simpler forms of social interaction, such as shaking some dice and screaming, "Yahtzee, bitches!" or guffawing maniacally every time some poor fool attempts to pass your two hotels on Boardwalk. Fortunately, game night at On the Corner café on Divisadero fills your staid Wednesday evenings with enough card-shuffling, Pop-o-matic popping, I-want-to-be-the-thimble classics to sink your battleship blues. Plus, there’s coffee and beer. Working in collusion with the colossal collection of neighboring Gamescape, On the Corner provides a plethora of gaming options to fit its large tables and vibrant atmosphere. Stratego, Scattergories, and other trivial pursuits are all available, and the 7 p.m.-<\d>to-<\d>closing happy hour includes $2.50 draft beers and sangria specials. The tables fill up quickly, though — arrive early so you won’t be sorry.

Wednesdays, 7–10 p.m., free. 359 Divisadero, SF. (415) 522-1101, www.sfcorner.com

BEST PARTY OF ONE

Perfect moments are never the ones you work hard to create. Too much effort kills the magic. Instead, the moments we treasure are those that steal up on us, slipping past our defenses to reveal, for just an instant, the sublime wonder of the universe. This is precisely what happens during one’s first encounter with the Lexington Street disco ball, innocuously spinning its multifaceted heart out on a quiet neighborly block in the heart of the Mission District. One moment you’re just walking down the street minding your own business — perhaps rehashing the "should have saids" or the "could have beens" in the muddled disquiet of your mind — when suddenly you spot it, the incongruously located disco ball suspended from a low-hanging branch, throwing a carpet of stars across the sidewalk for anyone to enjoy. All is still, but the music in your heart will lead you. Hold your hands in the air, walk into the light, and dance.

Lexington between 20th and 21st streets, SF

BEST BLOCK-ROCKIN’ BIKE

Amandeep Jawa’s bright blue, sound-rigged party-cycle — Trikeasaurus — is our bestest Critical Mass compadre and bike lane buddy, and an essential component of his impromptu FlashDance parties. This three-wheelin’, free-wheelin’, pedal-and-battery-powered funk machine has been bringing the party to the people — and leading spontaneous Michael Jackson tributes — from the Embarcadero to the Broadway tunnel for the past two years. Even if you’re just out for a stroll or a bit of that ephemeral San Francisco "sun"-bathing, when Trikeasaurus comes rolling along you just have to boogie on down the road, bust a move, get your groove thing on, let your freak flag fly, and insert ecstatic cliché here. We can pretend all we want in the privacy of our own hip sancta sanctorum that Destiny’s Child or OutKast will never move us, but somehow when Trikeasaurus comes bumping by, we just can’t help but bump right back. Don’t fight the feeling! Join the 500-watt, 150-decibel velolution today.

www.deeptrouble.com

BEST HOLES FOR YOUR KRAUTROCK SOUL

If you’ve done ketamine, you know what it’s like to get lost in the cosmic K-hole. To those who have entered the mystical D-hole, however, your ketamine story is child’s play. The Donuts dance party, thrown at various times and locations throughout the year by DJ Pickpocket and visual artist AC, provides adventurous club-goers with that most delicious of drugs: donuts, given away free. First timers, be careful: these potent little sugar bombs are highly addictive and can often lead to an all-night binge of ecstatic power-boogie, which can result in terrible withdrawal symptoms. Like many other popular club drugs, donuts are offered in powdered form, though they can also be glazed, which leaves no tell-tale residue around the mouth. But as long as you indulge responsibly, entering the Hole of the Donut is perfectly safe. Amp up your experience to fever-pitch perfection with Donuts’ pulse-pumping Krautrock, new wave, retro disco, and dance punk live acts and beats.

www.myspace.com/donutparty

BEST PLACE TO PARTY LIKE A SLOVENIAN

If there’s one thing all Slovenians have in common, it’s that they know how to deck a muthafunkin’ hall, y’all. It stands to reason then that Slovenians run one of the biggest and best halls in town. The Slovenian Hall in Potrero Hill is available for all your partying needs — birthdays, anniversary bashes, coming-out fests, etc. The rooms inside the hall are spacious and clean, the kitchen and bar spaces are outfitted to serve an entire army, and there are plenty of tables and chairs. But it’s the decor that makes this place unique: Soviet-era and vintage tourism advertisements are sprinkled throughout the place and banners promoting Slovenian pride hang from the ceiling. The hall also hosts live music events — recently an Argentine tango troupe took up residence there, making things border-fuzzingly interesting, to say the least.

2101 Mariposa, SF. (415) 864-9629

BEST FUTURE RAP CEO

Odds are you’ve not yet heard of East Bay teen hip-hop talent Yung Nittlz — but one day soon you will. The ambitious, gifted Berkeley High student has already amassed five albums worth of smooth and funky material that he wrote, produced, and rapped and sang on. In August 2007, when he was just 13, the rapper born Nyles Roberson scored media attention when Showtime at the Apollo auditions came to town and he was spotted very first in line, having camped out the night before. And while Yung Nittlz wasn’t among the lucky final few to be picked, he did make a lasting impression on the judges with his strong performance of the song "Money in the Air" and choreography that included him strategically tossing custom-made promo dollars that he designed and made. The gifted artist also designed the professional-looking cover for his latest demo CD, which suggests fans should request the hit-sounding "Feelin’ U" on KMEL 106 FM. Stay tuned. You’ll likely be hearing it soon.

www.myspace.com/yungnittlz

BEST B-MOVIE SURVIVOR

The crappy economy has ruined many things. It’s the reason both the Parkway and the Cerrito Speakeasy theaters — where you could openly drink a beer you’d actually purchased at the concession stand, not smuggled in under your sweatshirt — closed their doors this year. But even a bummer cash crunch can’t dampen a true cult movie fan’s love of all things B. Deprived of a permanent venue for his long-running "Thrillville," programmer and host Will "The Thrill" Viharo adjusted his fez, brushed off his velvet lapels, and started booking his popular film ‘n’ cabaret extravaganzas at other Bay Area movie houses, including the 4-Star and the Balboa in San Francisco, and San Jose’s Camera 3. Fear not, devotees of film noir, tiki culture, the swingin’ ’60s, big-haired babes, Aztec mummies, William Shatner, the Rat Pack, Elvis, creature features, Japanese monsters, and zombies — the Thrill ain’t never gonna be gone.

www.thrillville.net

BEST GAY FLIPPER ACTION

Much like travel agents, beepers, and modesty, pinball machines are slowly becoming relics of the past. But it’s difficult to understand why these quarter-fed games would fall by the wayside, since they’re especially fun in a bar atmosphere. What else is there to do besides stare at your drink, hopelessly chat up the bartender, constantly check your phone, and try to catch that one cute patron’s eye. At the Castro’s Moby Dick, pinball saves you from such doldrums. Sure, the place has the requisite video screens blaring Snap! and Cathy Dennis chestnuts, and plenty of hunky drunkies to serve as distractions. But its quarter-action collection — unfortunately whittled down to three machines, ever since Theater of Magic was retired due to the difficulty of finding replacement parts — is a delightful retro rarity in this gay day and age. So tilt not, World Cup Soccer, Addams Family, and Attack from Mars fans. There’s still a queer home for your lightning-quick flipping.

4049 18th St., SF. www.mobydicksf.com

BEST BLAST OF JUSTICE

Founded in 2002, the many-membered Brass Liberation Orchestra has been blowing their horns for social justice all over the Bay Area — from the San Francisco May Day March and Oakland rallies for Oscar Grant, to protests against city budget cuts and jam sessions at the 16th Street BART station. Trombones out and bass drums at the ready, this tight-knit organization of funky folk recently returned from New Orleans, where they played to support community rebuilding projects in the Lower Ninth Ward. With a membership as diverse as they come, the BLO toots their horns specifically to "support political causes with particular emphasis on peace, and racial and social justice" — especially concerning immigrants’ rights and anti-gentrification issues. But the most joyful part of their practice is the spontaneous street parties they engender wherever they pop up, and their seemingly impromptu romps through neighborhoods and street festivals. Viva la tuba-lution!

www.brassliberation.org

BEST WITTY WONG

Is your idea of hell being trapped in a room with a white, collegiate, spoken-word "artist" — or worse yet, being forced to wear an Ed Hardy t-shirt? Are you a veteran of the 30 Stockton and the 38 Geary, with the wounds and the stories to prove it? Can you just not help but stare at someone who somehow can’t resist an act of street corner masturbation? Then you’re ready to lend an ear to Ali Wong, the funniest comedian to stomp onto a San Francisco stage in a long time. Some people get offended by Wong, which is one reason she’s funny — comedy isn’t about making friends, and she’s not sentimental. She draws on her family history and writing and performing experience in implicit rather than overt ways while remaining as blunt as your funniest friend on a bender.

www.aliwong.com

BEST SITE FOR SHUTTERBUGS

Take a picture, it’ll last longer. Especially if you take it to — or even at — RayKo Photo Center, a large SoMA space that boasts a studio, a shop stocked with new and used cameras, a variety of black-and-white and color darkrooms, a digital imaging lab (with discount last-Friday-of-the-month nighttime hours), and classes where one can learn the latest digital skills as well as older and arcane processes such as Ambrotype (glass plate) and Tintype (metal plate) image-making. Devoted in part to local photographers, RayKo’s gallery has showcased Bill Daniel’s panoramic yet raw shots of a post-Katrina Louisiana and has likely influenced a new generation of shutterbugs affiliated with groups and sites like Cutter Photozine and Photo Epicenter. One of its coolest and truly one-of-a-kind features is the Art*O*Mat Vending Machine, an old ciggie vendor converted into a $5-a-piece art dispenser. And of course RayKo has an old photo booth, so you can take some quick candid snapshots with or without a honey.

428 Third St., SF. (415) 495-3773, www.raykophoto.com

BEST RAPPING CABBIE

The great myth about cab drivers is that they’re a bunch of underappreciated geniuses who write poetry and paint masterpieces when they’re not busy shuttling drunks around. Most cabbies, however, aren’t Picassos with pine-scent air fresheners. They clock in and out just like we all do, and then they go home and watch reality TV. There are, however, a few exceptions to the rule: true artists who have deliberately chosen the cabbie lifestyle because it allows them the freedom to pursue their passions on the side. MC Mars is such a cabbie. A 20-year veteran on the taxi scene, Mars is also a hip-hop performer, a published author, and an HIV activist. You can check his flow every Wednesday night at the Royale’s open-mic sessions. Or, if you’re lucky enough to hail his DeSoto, you can get a free backseat show on weekends. And don’t forget to pick up his latest CD, "Letz Cabalaborate," available on Mars’ Web site.

www.mcmars.net

BEST FRESH POETICS

The Bay Area knows poetry. And people in the Bay Area who know poetry today realize that the San Francisco Renaissance, the Beats, the Language poets, and even the New Brutalists might inspire contemporary writers, but they don’t own them. You can encounter proof in places like Books and Bookshelves, and read it in publications like Try. As the Bay Area Poetics anthology edited by Stephanie Young made clear in 2006, Bay Area verse is enormous and ever-changing. One year earlier, David Larsen established a space for it in Oakland with his New Yipes Reading Series, which frequently paired poets with filmmakers. He’s since moved to the East Coast, but Ali Warren and Brandon Brown re-energized the concept, simplifying its name to The New Reading Series and refining its content to readings with musical interludes. It’s the best place around to hear Tan Lin and Ariana Reines and confront notions of the self through Heath Ledger. It’s also hosted a kissing booth, for all you wordsmiths who aren’t above romantic trappings.

416 25th St., Oakl. www.newyipes.blogspot.com

BEST HOUSE OUTSIDE

For 15 years, the much-loved and lovable warm weather Sunset parties have shaken various hills, isles, parks, patios, and boats with funky, techy house sounds. Launched by underground hero DJ Galen in 1994, the outdoor Sunset gigs have amassed a huge following of excited party newbies and familiar old-school ravers — and now even their kids. Early on in the game, Galen was soon joined by fellow Bay favorite DJs Solar and J-Bird, and the three — collectively known as Pacific Sound — have kept the vibe strong ever since. This year saw a remarkable expansion on the Sunset fan base: attendance at the season opener at Stafford Lake reached almost 4,000, and Pacific Sound just launched an annual — and truly moving — party on Treasure Island that had multiple generations putting their hands in the air. The recent Sunset Campout in Belden drew hundreds for an all-weekend romp with some of the biggest names in electronic music — true fresh air freshness.

www.pacificsound.net

BEST SECRET OF ETERNAL RAVE
According to murky local legend, sometime in the early ’90s a Finnish archaeologist named Mr. Floppy passed through Oakland on a quest to find an inverted pyramid rumored to hold the secret to eternal life. He didn’t find anything like that, of course, but he did discover a really cool apartment complex run by an obsessive builder named George Rowan. The sprawling place, which housed multiple dwelling units as well as an outdoor dance area and an out-of-use bordello and saloon famously frequented by Jack London in the 1800s, was an interconnected maze of rooms decorated with found objects and outsider art. It was a perfect spot to throw underground raves, which is exactly what Floppy and Rowan did until the day they got slapped with a fire-hazard citation. Nobody really knows what happened to the psychedelic archaeologist after that, although his spirit lives on: Mr. Floppy’s Flophouse has recently re-opened as a venue for noise shows, freaky circuses, and all-night moonlit orgies.
1247 E. 12th St., Oakl

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Bitter medicine

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news@sfbg.com

The Democratic Party has been promising a major overhaul of the health care system for a generation or more. Now, with President Barack Obama and his party’s congressional leaders in a strong position to finally reach that elusive goal by next month, this should be a momentous time for the reform movement.

So why are so many health reform advocacy groups unhappy?

The answer involves policy and process. Rather than pushing for the single-payer system that many progressive groups demand and say is needed, Democratic leaders immediately opted for a compromise plan they hoped would be acceptable to economic conservatives and the insurance industry.

But Republicans are still calling them socialists for doing it, while the insurance industry — which loves the portion of the legislation that requires everyone to buy coverage — is still spending $1.4 million a day to either kill the complicated bills or turn them to its advantage.

When congressional Democrats unveiled America’s Affordable Health Choices Act (HR 3200) on July 14, many reformists thought a long-awaited, dramatic overhaul to a broken system was close at hand. The insurance companies would finally be made to adhere to ethical practices, and the Democrats would defend their plan to establish a government-run health insurance option that could compete with private insurers and keep them in check.

“American families cannot afford for Washington to say no once again to comprehensive health care reform,” said Rep. George Miller (D-Martinez), who chairs the crucial House Education and Labor Committee.

The Democrats’ bill does address some critical flaws in the health care system. It would greatly expand Medicare to ensure coverage for low-income individuals, and would subsidize coverage for those earning up to 400 percent of the federal poverty level, defined as $43,320 for an individual and $88,200 for a family of four. The bill would forbid insurance companies from denying coverage to patients based on a preexisting condition, age, race, or gender. It would eliminate co-pays for preventative care and establish a cap on annual out-of-pocket expenses. To pay for it, the proposal would create a graduated tax on households earning more than $350,000 a year, with the top bracket being a 5.4 percent levy on incomes of more than $1 million.

Progressive members of Congress threw their support behind the bill because — and only because — it included the public option. “The public option is central to our support of health care reform,” read a statement from the Congressional Progressive Caucus.

Rep. Lynn Woolsey (D-Petaluma), who chairs the CPC, was quoted in the Huffington Post as saying, “We have already compromised. More than 90 percent of the progressive caucus would vote today for a single-payer system. And so for us to compromise and get behind a really good strong public plan, I mean that’s as far as we’re going.”

While that statement indicates the precarious nature of the current legislation — which will likely be weakened further as it works its way through the process and merges with legislation from the more conservative U.S. Senate — many progressive groups aren’t even willing to go that far.

 

COVERAGE ISN’T CARE

Many single-payer supporters say some reform is better than none, and that the passage of HR 3200 would represent a major win. “We can advance many of the principles that we support with the House bill,” said Anthony Wright, executive director of Health Access California and an organizer for the national reform advocacy group Health Care for America Now. The nation, he believes, needs to endorse principles such as universally covering Americans and making sure patients aren’t left alone “at the mercy of the private insurance industry.”

Yet other groups fear this cure would be worse than the disease, sending millions of new customers into a private insurance system that simply doesn’t work, and compounding existing problems.

“We’re still pushing for a national single-payer bill,” Dr. James Floyd, a health reform researcher with the nonprofit group Public Citizen, told the Guardian. “While we’re open to other options, we haven’t seen anything [in proposals by Democratic congressional leaders] yet that is acceptable.”

That position has plenty of support among the general public and reform-minded organizations, for whom single-payer continues to be the holy grail.

The current proposal “doesn’t change the system one bit,” said Leonard Rodberg, a member of Physicians for a National Health Program, who works in health policy. “These bills are requiring that people buy insurance, but there are no numbers about how much the insurance would cost. And if the cost of the insurance is still too high, you can remain uninsured.”

And as negotiations center on the government-run insurance option, the concept of scratching the status quo and offering free Medicare-like health care to every American instead has fallen to the wayside.

Rep. John Conyers (D-Mich.) got 84 co-sponsors for his single-payer bill, HR 676, and hearings were held in June to explore the option. But congressional leaders then took it off the table. The reasons why seem to be as much about political will as they are about campaign contributions from the insurance industry. As one high-level congressional staffer told us, many lawmakers won’t back a single-payer system in part because they “don’t want to have to respond to being accused of being a socialist by the right wing.”

Then there’s the insurance lobby. “They spend hundreds of millions,” the staffer said. “They lobby Congress, and they provide millions to campaigns. They have Fox News. But the single-payer movement is growing leaps and bounds.”

Rodberg said the insurance industry would love to see a mandate to buy insurance approved at a time when insurers are losing customers because the economy is shedding thousands of jobs each month. “This is a bailout for the insurance companies,” Rodberg told us. “But there’s absolutely nothing in this legislation that will control costs, because it just leaves it to the insurance companies and the market.”

Dr. Jim G. Kahn, president of the California Physicians’ Alliance and a professor at UCSF with expertise in health policy, told us he believes the proposed bill falls short of the goal of comprehensive, universal coverage. “‘Universal’ was recently redefined by [Montana Sen. Max] Baucus as 95 percent — i.e., 15 million uninsured,” Kahn told us via e-mail. “Reaching even that level will be hard, due to the complexity of enforcing an ‘individual mandate’ on families with only modest income (and hence no subsidies). And in eagerness to reach that level, more and more people will become underinsured, with inadequate coverage and a further boost in already high medical bankruptcy.”

Medical debt contributed to nearly two-thirds of all bankruptcies in 2007, according to a study in the American Journal of Medicine. The majority of those afflicted were solidly middle-class homeowners at the start of their illness, and most had private health insurance.

Health Care Now, a hub for single-payer grassroots groups, is planning a large rally in Washington, D.C., for July 30, the anniversary of the founding of Medicare, on which many single-payer plans would be based. “Single-payer is the only plan that would truly be universal and contain costs,” said Katie Robbins of Health Care Now, arguing that the current plan pushed by congressional leaders “doesn’t protect us from the ills of the insurance-based system as we know it.”

Other progressive groups are withholding judgment for now, hoping the good aspects will ultimately outweigh the bad. “We’re digging through them now. We support a bill that has a true public option, and the House bill has that,” said Consumer Watchdog’s Jerry Flanagan. “But we really dislike the individual mandate [to purchase health insurance]. The insurance companies really don’t want the public option, but they really want the mandate.”

 

LEAVING OPTIONS OPEN

Even if single-payer isn’t going to be the national model yet, advocates say it’s crucial that states such as California be allowed to experiment with the option anyway. Single-payer advocates in Congress have insisted the health care legislation be amended to explicitly allow states to do single-payer (otherwise, federal preemption laws and the Employee Retirement Income Security Act might prevent states from doing so).

On July 17, Rep. Dennis Kucinich (D-Ohio) successfully inserted such an amendment into the bill that cleared the House Committee on Education and Labor with a 25-19 vote, which included significant Republican support. The amendment was opposed by Miller, indicating Democratic Party leaders oppose the change and may ultimately succeed in stripping it from the bill.

“George Miller is a longtime supporter of a national single-payer plan and health care reform. The truth is, however, there are not enough votes in the House or the Senate to pass a final bill that contains single-payer language. That is unfortunate but it is also the truth,” Miller spokesperson Rachel Racusen told the Guardian.

California is a hotbed of single-payer activism. Even a leading candidate for state insurance commissioner, Assemblymember Dave Jones (D-Sacramento) — who appeared on the steps of San Francisco City Hall on July 15 to receive the endorsements of a long list of local elected officials — has made single-payer advocacy a central plank in his campaign.

The movement is so strong in California that it actually had legislators vying for who would get to carry its banner. San Francisco’s own state senator Mark Leno, a longtime single-payer supporter, was selected this year to take over the landmark single-payer legislation previously sponsored by termed-out legislator Sheila Kuehl, which has passed twice, only to be vetoed by Gov. Arnold Schwarzenegger.

“The more I dive into this issue, the more convinced I am that the answer has to be single-payer,” Leno told us. “The only reform that truly contains costs is single-payer.”

Leno doesn’t fault Obama for taking a more cautious stance — but he does believe the federal government shouldn’t block states like California from creating single-payer systems. “States should be incubators of trying different proposals. We have a great history with that,” Leno said.

But even with a Democratic governor, there’s no guarantee that single-payer would be approved. Mayor Gavin Newsom is running for governor, featuring health care reform in his platform. He chairs the U.S. Conference of Mayors National Health Care Reform Task Force, which is pushing for approval of the Obama plan. But even Newsom won’t promise to back the Leno plan.

“He doesn’t think single-payer is the best option now,” Newsom’s campaign manager Eric Jaye told us when asked whether Newsom would sign the legislation as governor. “He hopes and believes that as governor he will be supporting a national public option.”

But in the end, the governor may not matter. Leno said the political reality in California is that voters, rather than legislators, will need to approve the single-payer system. The funding mechanism for any ambitious health care plan would require a two-thirds vote in the legislature, a political impossibility.

“The difference in California is the voters will have the final say. And I’m excited about that. The voters of California will be able to say to the insurance companies, ‘We’ve had enough, now go away,'” Leno told us. He said he expects a ballot campaign in 2012.

Of course, it won’t be that simple. Leno knows that the insurance industry will spend untold millions of dollars to defend itself and a “status quo that is only working for them, not for anyone else. This is an enormously powerful industry and they control the debates.”

“Our effort here in California is an educational one. We have from now until the election in 2012 to make the arguments,” Leno said.

 

THE COST OF INSURANCE

Testifying at a hearing of the House Education and Labor Committee in June, Geri Jenkins, a registered nurse and the co-president of the California Nurses Association, related the story of Nataline Sarkisyan. The 17-year-old girl needed a life-saving liver transplant, Jenkins explained to Congress members. “But CIGNA would not approve it,” she told them, “until I, and hundreds of others, protested. During one of the protests, I was with Hilda, Nataline’s mother, when she got the call of approval.”

Hilda’s relief didn’t last long. By the time the hurdle had been cleared, Jenkins testified, “it was too late. Nataline died an hour later.”

Nataline’s story sparked national outrage, and it has since become a flagship tale highlighting all that is wrong with this country’s health care system. But as the debate about health care reform continues inside House and Senate committee chambers, discussion about “universal health care” — a phrase with a simple ring to it — has grown murkier.

“We have a universal health care system now,” Flanagan said, referring to how all Americans with serious medical conditions have a right to treatment — even if that treatment comes with great expense in an overcrowded public hospital emergency room. “It’s just the most inefficient system imaginable.”

With the August congressional recess coming up fast and Obama leaning on Capitol Hill to shift into high gear on an issue that was a hallmark of his campaign, the pressure is on to vote on the historic health care reform legislation within weeks.

The Senate Health, Education, Labor, and Pensions Committee passed a health care reform bill July 16 that is similar to the House bill, with the vote split along party lines. Now, national attention has turned to the Senate Finance Committee, chaired by Baucus, which continued its efforts last week to achieve a bipartisan bill.

Many of progressive reform advocates simply don’t trust the players in Washington, D.C., to get this right, particularly Baucus. “He’s the voice of the insurance companies in the Senate,” Flanagan said.

A recent article in the Washington Post estimated that the insurance industry is spending an estimated $1.4 million per day to influence the outcome of the health care legislation, and pointed out that many of the lobbyists were Washington insiders who had previously worked for key legislators, such as Baucus.

The Center for Responsive Politics, a nonpartisan nonprofit research group that tracks money in U.S. politics and operates the Web site opensecrets.org, launched an intensive study of health care sector lobbyist spending, including cataloguing industry contributions to individual candidates from 1989 to the present. Baucus received more industry campaign contributions in that time than any other Democrat, the CRP study reveals, with a total of $3.8 million. Henry Waxman (D-<\d>Los Angeles), who chairs the House Energy and Commerce Committee, received a total of $1.4 million in that same time, while Speaker Nancy Pelosi (D-San Francisco) received $1.2 million.

Starting in the 2008 election cycle, the health sector gave more to Democrats than to Republicans, according to the CRP’s analysis.

To overcome that kind of money and influence, advocates say it was crucial to wield a credible single-payer option — a sort of death penalty for the insurance industry — for as long as possible.

“Having single-payer discussions on the table really informs the debate over the public option,” Flanagan said. “But by removing single-payer, it made the public option the left flank.”

Flanagan, like many, is worried about how a 900-page bill will turn out. “There are a thousands ways to get it wrong,” he said. “An easy way to get it right would be to just do a single-payer system.” ————

HEALTH CARE BY THE NUMBERS

• Uninsured Americans: 47 million

• Uninsured Californians: More than 6.7 million (about one in six)

• African Americans without health insurance in California: 19 percent

• Latinos without health insurance in California: 31 percent

• Whites without health insurance in California: 12 percent

• San Franciscans without health insurance: 15.3 percent

• Rise in health-insurance premiums from 2000 to 2007 in California: 96 percent

• Projected rise in health care costs per family without reform: $1,800 per year

• Percentage of bankruptcies attributed to an individual’s inability to pay medical bills: 62 percent

• Percentage of Americans who skip doctor visits because of the cost: 25 percent

• U.S. rank of 19 industrialized nations on preventable deaths due to treatable conditions: 19

• Jobs that would be created by extending Medicare to all Americans: 2.6 million

• Annual U.S. spending on billing and insurance-related administrative costs for health care: $400 billion

Sources: Health Care for America Now, American Journal of Medicine, Physicians for a National Health Program

How to help Iran without meddling

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OPINION Two of us, Penn and Erlich, traveled to Iran in 2005 and interviewed numerous ordinary Iranians. People were very friendly toward us as Americans but very hostile to U.S. policy against their country. We visited Friday prayers where 10,000 people chanted, "Death to America." Afterward those same people invited us home for lunch.

That contradiction continues today as Iran goes through its most significant upheaval since the 1979 revolution. Iranians are rising up against an authoritarian system, but they don’t want U.S. intervention.

Many Iranians believe that they have experienced a coup d’état, in which the military and intelligence services have hijacked the presidential election. Through vote-buying and manipulation of the count, President Mahmoud Ahmadinejad guaranteed himself another four years in office.

In June more than a million Iranians marched in the streets of major cities across the country. The spontaneous demonstrations included well-to-do supporters of opposition candidates, but also large numbers of workers, farmers, small-business people, and the devoutly religious. They were fed up with 30 years of a system that used Islam as an excuse for breaking union labor strikes, stripping women of their rights, and repressing a nation.

The Iranian government responded to these peaceful protests with savagery, killing dozens of people. Some human rights groups put the number at more than 100. The government admits arresting 2,500 people nationwide and continues to hold at least 500. Most are being held without charges or have simply disappeared.

The repression hasn’t killed the movement. On July 17, more than 10,000 people came to Friday prayers in support of the opposition. Instead of chanting "Death to America," they chanted "Death to the Dictator," a reference to supreme leader Ali Khamenei. Police attacked them with clubs and tear gas.

Meanwhile in Washington, some politicians tried to use the crisis for their own ends. Sen. John McCain criticized President Obama for not taking a stronger position against the Iranian government. It’s ironic to hear McCain and other conservatives proclaim their support for the people of Iran when a few months ago they wanted to bomb them.

That doesn’t exactly build credibility among Iranians.

President Obama faces tough choices on Iran. If he speaks out loudly against Ahmadinejad, he is accused of meddling in Iran’s internal affairs. If he says too little, then right-wingers in the U.S. accuse him of being soft on Ahmadinejad.

In reality, the U.S. has very little ability to impact what has become a massive, spontaneous movement for change. And it shouldn’t. The CIA overthrew the democratically elected government of Prime Minister Mohammed Mossadegh in 1953, bringing the dictatorial shah back to power. George W. Bush’s administration attempted to overthrow the Iranian government by funding and arming ethnic minority groups opposed to Tehran.

The U.S. government has no moral or political authority to tell Iranians what they should do. Iranians are perfectly capable of deciding for themselves.

That’s why citizen diplomacy is so important. Iranian demonstrators welcome the support of ordinary Americans. Joan Baez recorded a Farsi-language version of "We Shall Overcome" that has shot around the world on YouTube. She sang it July 12 at San Francisco’s Stern Grove.

Iranian activists are holding a hunger strike in front of the United Nations in New York from July 22 to 24, demanding that Secretary-General Ban Ki-moon send a special commission to Iran.

With hundreds of thousands of Iranian-Americans in California, it would be unconscionable to ignore the nonnegotiable right of peaceful dissent by millions of people in Iran. Join us in the San Francisco Civic Center plaza on July 25, from noon to 4 p.m. Stand in solidarity with Iranians and against U.S. intervention in Iran (www.norcal4iran.org). *

Sean Penn is an actor, director, and writer who visited Iran in 2005. Ross Mirkarimi is a San Francisco supervisor, the first elected Iranian-American to hold that office. Reese Erlich is a freelance journalist and author of The Iran Agenda: The Real Story of U.S. Policy and the Middle East Crisis.

Dead ends

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Clean Hands Go Foul (Hydra Head/Dymare), the posthumous release from doom metal supergroup Khanate, has been sitting with me for a while. But its potency only increases over time. With each successive listen, I feel increasingly like one of H.P. Lovecraft’s doomed protagonists — characters who unwittingly gamble away their sanity as they attempt to piece together the horrifying totality of a universe controlled by beings not of their time or space. I’m not sure what I am losing when I listen to Khanate, but I feel lost nonetheless.

There are few moorings on Khanate’s slate sea of negativity — none of metal’s usual signifiers, no lyrical invitations to trample on sacred institutions, no head-banging riffs. The four tracks on Clean Hands are emotional dead ends where vocalist Alan Dubin’s howled protests of rage, disgust, and futility are left to fester in the gutters built by guitarist Steven O’Malley, bassist James Plotkin, and drummer Tim Wyskida.

Composed of material improvised during the recording sessions of 2005’s Capture & Release (with Plotkin editing in Dubin’s vocals later on), Clean Hands plays more like a belated précis for the group’s deconstructed yet unrelentingly crushing interpretation of metal than a coherent album. Like Keiji Haino’s renowned power trio Fushitsusha, Khanate understood that metal’s heaviness could be chopped and screwed into different shapes without diminishing its brutality.

Some of Clean Hands‘ tracks are more successful at conveying the band’s protean dynamic than others. "In That Corner" — a staggering, Haino-worthy dirge — starts out at full blast before quieting down into a series of mournful echoes of itself. But it is album closer "Every God Damn Thing" that best displays the group’s propensity for grueling duration. Taking up close to half the album’s running time, it pairs 30 plodding minutes of input jack/cord buzz, bass rumbles, scraped guitar strings, the occasional feedback howl, and random bits of percussion with Dubin’s long-form, bile-filled disquisition on the title phrase. (Some sample lyrics: "Everything poison. Even flowers disgust"; "Out there, someone is dying. Hopefully, it should be all of them.")

Dubin is Khanate’s secret weapon. Other than Die Kreuzen’s Dan Kubinski or Swans-era Michael Gira, I cannot think of a vocalist whose rasp is severe enough to make you feel skinned alive and whose lyrics convey the vicissitudes of antisocial sentiment with such uncomfortable immediacy and — at times — surprising poetic force.

"It’s all bad, again!" Dubin screams at the close of "Every God Damn Thing." Such a statement of futility is fitting for a track that seethes in anticipation of a climax yet falls short of delivering the goods in its final paroxysms. An uneven postmortem, Clean Hands proves Khanate was never interested in giving listeners the satisfaction of a climax. The forces that compelled it toward such uncompromising, bleak musical extremes were also, unsurprisingly, what led to its breakup. Hell is indeed other people — including your bandmates. "Man’s greatness resides in knowing himself to be wretched," Pascal once said. With this final nail in the coffin, Khanate has proven itself to be so great.

Beyonce bounce

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a&eletters@sfbg.com

SONIC REDUCER Fierce. Bad. Doth Beyonce Knowles and Michael Jackson protest too much? More than two decades separated them, along with crucial biographical details, gender, and a kind of comfort in one’s skin. Yet both drink deeply from the same well of R&B pop perfection, after emerging, solo, from the safety and suffocation of the family-like combo. Both faintly evoke Jackson’s go-to mom for Prince, Paris, and Prince II (a.k.a. Blanket), Diana Ross. Both walk that tightrope of personal vulnerability and arena-friendly theater, the real and the fantastic, artful display and emotional artifice. Both have been philanthropists, ready with a vision to heal the world, and armed with a staunch commitment to spectacle and an iron will (to entertain) encased in a sparkly or titanium robot glove.

But entertain a morbid thought: if Knowles were to crash and burn her Thierry Mugler motorcycle breastplate during her current "I Am … Tour" — said to out-razzle-dazzle all predecessors with its aerial flips and 70-some costumes — would she be revered like Jackson? She’s made her share of great, timely, and timeless singles: "Crazy in Love," "Baby Boy," "Irreplaceable." And you can easily hear Mikey within the tender whisper-to-a-scream "If I Were a Boy." But Knowles’ bifurcated self unsettles on I Am … Sasha Fierce (Sony/Music World, 2008), an album tidily separating in two, its ballads and bangers distributed between two discs, as if simuutf8g vinyl.

Sasha Fierce is a clear bid for album-like complexity, depth, and, gak, maturity. It leads with the earmarked-as-important slow dances and power ballads and disrupts the single-centered paradigm, making us wait for the champagne-bubbly, bustling "Single Ladies (Put a Ring on It)." Surprisingly old-school in its marriage-minded sentiments for a woman who makes a point of touring with an all-female band, the track hints at the cognitive dissonance that makes Michael Jackson studies so rich. Given time, Jackson might even have wanted to tweak his beauty to mimic Knowles’ healthy naturalism, rivaled only by Rihanna’s as current pop’s beauty standard.

Sasha Fierce succeeds as a long listen, settling in likeably and ingratiatingly despite irritants like "Ave Maria" and "Video Phone," which recall the ways in which B’Day (Columbia/Music World, 2006) blustered and annoyed. Its crafty, minimalist sections hint at moments spent listening to electro remixes and MIA. As with MJ, it’s tough to separate the dancer from the dance: I can’t help but hear Beyonce singing to Jay-Z in her protests against being treated as less than one of the boys. Now declaring the "Death of Auto-Tune," he’s the talented shadow hanging over the production, another male counterpart to her executive producer and father, Matthew Knowles. Is it audacious to imagine her breaking from those intimate ties and finding her own Quincy Jones? To wonder if hipsters will be dancing to B’s songs — with nostalgia or irony or blissfully encumbered by neither — two decades from now as they do to Michael? I’m looking forward to the moment when Beyonce resolves her two B sides and merges the woman in the mirror with the woman making the music.

BEYONCE

Fri/10, 7:30 p.m., $19.75–$129.25

Oracle Arena

7000 Coliseum, Oakl.

www.livenation.com

———–

DEATH CAB FOR CUTIE DUSTS OFF ITS EXTRAS

I suspected Death Cab for Cutie had finally arrived while browsing the juniors’ department of Macy’s and being stopped in my tracks by the video playing on the TV monitors: it was "I Will Possess Your Heart," off Narrow Stairs (Barsuk/Atlantic, 2008), the combo’s first No. 1 album on the Billboard 200. Judging from the attention the music was getting from random tourists and untethered men, the group had found listeners beyond the indie rock mob. Now new — and old — fans can get another dose of the Narrow Stairs sessions with the release of The Open Door EP (Barsuk/Atlantic). The disc’s five songs "were kind of poking out, in a way, so we just cut them from the album," bassist Nick Harmer says by phone. "But it was part of the experience of where we’re at as a band. So we were always hoping we’d find a cool home for them." Death Cab expects to start working on its next full-length later this year — all a far cry from the moment Harmer, Ben Gibbard, Chris Walla, and the now-gone Nathan Good first practiced together. "You just know when that spark happens," Harmer recalls. "I remember we had a big debate about making a CD — it was a big deal for us to make 1,000 copies: ‘We’ll be sitting on these things for years….’"

DEATH CAB FOR CUTIE

With Andrew Bird, Ra Ra Riot

Sat/July 11, 6:30 p.m., $42.50

Greek Theatre

UC Berkeley campus, Berk

www.apeconcerts.com

Protest HIV program cuts

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By C. Nellie Nelson

629diein.jpg
Pride At Work protests the mayor’s budget on Pride day. Photo: Luke Thomas, Fog CIty Journal

Today at 5 pm the LGBT labor group Pride at Work will hold a vigil on the steps of City Hall protesting the mayor’s deep budget cuts to programs that are vital to much of the queer community. The vigil runs until midnight, so you can stop by after work.

As Fog City Journal reports, this is the second major Pride at Work protest over the budget cuts — the group staged a die-in in front of Mayor Newsom’s car in the Pride Parade. As Newsom attempted to step around the protesters, they let him have an earful on the effects of his budget cuts that slashed funding for the Departments of Public Health and Human Services

“The die-in demonstrated reality. When you cut HIV programs, people will sero-convert. When you cut the drug programs, people will die,” Harvey Milk Club president Rafael Mandelman told the Guardian today. He said the protest indicates that the mayor “can’t ride same-sex marriage forever. We’re grateful for the mayor’s efforts in that area, but we need budgets that will protect vulnerable populations and queers. People’s lives are at stake.”

Despite the passage of Prop. 8, Newsom does indeed seem to still be riding the crest of same sex marriage. In a recent fundraising letter for his gubernatorial campaign, a supporter enthuses: “Mayor Newsom married S– and I in his office in 2004. He always held our relationship equal to his own… S– and I will always love him for standing with us and fighting for us.”

But some LGBT leaders are starting to feel that the choices of what departments to cut back are not equal in the least.

Robert Haaland is a labor activist and long time leader of the local chapter of Pride at Work. He told us the budget cuts “are no different from what Schwarzenegger is doing. No new revenue, deep cuts to health and human services. It’d be fine if he was running as a Republican governor.”

Haaland pointed out that when Newsom ran against Supervisor Matt Gonzales in 2003, Newsom was neutral on gay marriage, and Gonzales got the majority of votes in District 8, which includes the Castro.

“He changed his position on marriage, but that doesn’t give him license to use marriage as a shield for budget cuts affecting LGBT and poor people,” Haaland said.

And Mandelman sums up, “It’s great to celebrate marriage, but for a lot of people it’s a luxury.”

The price of normal

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news@sfbg.com

With a 2010 state proposition on gay marriage in the works and a national gay rally on the Washington Mall being planned for October 10-11 of that year, it’s obvious that more and more of the LGBT community’s resources are being funneled into the battle for marriage equality, while other causes go begging.

Already gay marriage has become a black hole that is sucking untold amounts of money, time, and energy out of our community. In the 2008 election alone, gay marriage supporters raised $43.3 million to defeat Proposition 8, the anti-gay marriage initiative that California voters passed by 52 percent. It may be the biggest chunk of change the community has ever spent for a single fight.

A QUESTION OF PRIORITIES


I’m not against gay marriage. If queer couples want to be as miserable as straight ones, that’s their choice. Marriage is a failed institution. With a 54.8 percent divorce rate nationally and a 60 percent rate here in California, there’s no doubt in my mind that heterosexual "wedded bliss" is more of an oxymoron than a reality.

What’s troubling to me as a queer activist of almost 40 years (much of that time spent on economic justice work) is that, with the tremendous amount of homelessness, poverty, and unemployment in our community, we are spending so much dough on the fight to give a minority of folks — those who opt for tying the knot — rights and privileges that straight married folks have.

Sure, it’s unfair that married straights get tax breaks, not to mention the status of next-of-kin for hospital visits and medical decisions when one partner is ill, and queers don’t. Altogether, married couples have 1,400 benefits, both state and federal, that domestic partners and single people don’t enjoy. It’s a matter of simple justice that the playing field be leveled. Only a right-wing idiot could disagree with that. Now, if only we could fight to give everyone (including singles) those 1,400 benefits.

For me it’s a question of priorities. We are living in scary times. Unemployment is sky-high; millions are without healthcare, including children; foreclosures are robbing homeowners and tenants alike of their housing; and business collapses are leaving a lot of people out in the cold and unable to pay the rent or the mortgage.

DINKS NO MORE


The queer community is no better off.

It’s a popular misconception that queers have a lot of disposable income. The "double income, no kids" (DINK) myth was promoted in the 1980s by gay publishers who wanted to expand their advertising base and their profits. These days, to read many gay publications, you’d think that all queers are going on fabulous vacations and buying expensive clothes, jewelry, and electronic gizmos.

That myth was easily dispelled by a recent study, "Poverty in the Lesbian, Gay and Bisexual Community," published this March by the Williams Institute at UCLA. Like "Income Inflation: the myth of affluence among gay, lesbian, and bisexual Americans," the groundbreaking 1998 study by M.V. Lee Badgett of the Department of Economics at the University of Massachusetts at Amherst, the Williams report found that many members of our community aren’t shopping ’til they drop. They can barely afford to put food on the table.

Nationally, 24 percent of lesbians and bisexual women are poor compared to 19 percent of heterosexual women; 15 percent of gay and bisexual men are poor compared to 13 percent of heterosexual men.

Queers aren’t just low on cash — we’re homeless, too. A 2006 report, "Lesbian, Gay, Bisexual and Transgender Youth: An Epidemic of Homelessness" from the National Lesbian and Gay Task Force and the National Coalition on Homelessness, showed that 20 percent to 40 percent of the 1.6 million homeless youth in America identify as LGBT. In San Francisco, the number of queers in the homeless youth population (estimated at 4,000 by the Mayor’s Office) is "roughly 44 percent," according to Dr. Mike Toohey of the Homeless Youth Alliance in the Haight.

Brian Basinger of the AIDS Housing Alliance says that 40 percent of people with HIV/AIDS, in the city once acclaimed for its care of those with the disease, are either "unstably housed or are homeless." In the Castro, Basinger said, there are only "12 dedicated HOPWA beds" for people with the disease. HOPWA (Housing Opportunities for People with AIDS) is a federal voucher program for low-income people with AIDS that is similar to federal housing assistance program Section 8.

Certain members of our community don’t fare much better in the area of employment. A 2006 survey by the Guardian and the Transgender Law Center reported that 75 percent of transgender people are not employed full-time, and 59 percent make less than $15,299 a year. A mere 4 percent of respondents earned more than $61,200, the then-median income average for San Francisco.

Fifty-seven percent of trangendered people said they suffered employment discrimination, demonstrating the need for the inclusion of "gender identity" in the federal Employment Non-discrimination Act. Human Rights Campaign, a national gay organization, and out Congress member Barney Frank (D-Mass.) cut transgenders out of that legislation the last time it was up before Congress.

It could all get a whole lot worse.

AXING THE FUTURE


Gov. Arnold Schwarzenegger wants to lop at least $81 million from California’s AIDS budget, including money for AIDS drugs, leaving low-income people stranded without their medication. Senior services are also on his cutting block, including $230.8 million from in-home services and $117 million from adult health-care programs. (As we go to press, the state Legislature is working to restore the AIDS money to the budget.)

Mayor Gavin Newsom, in his proposed city budget cuts, is axing $128.4 million from public health and $15.9 million from human services. There’s no doubt these cuts in health and human services will severely affect people with AIDS, seniors, youth, the homeless, and others in our community who can least afford to pay for the city’s budget shortfall.

The millions spent on gay marriage in the past few years could have gone a long way in these lean times. It could have helped make the proposed queer senior housing project, Open House, a reality. With 88 units in the works at 55 Laguna St., the site of the old UC extension, it will be the only such housing for LGBT seniors in San Francisco.

The money also could have funded housing in the Castro for homeless queer youth or people with AIDS. It could have been used as seed money for a much-needed war against poverty in the LGBT community.

A DIFFERENT KIND OF LIBERATION


The queer movement hasn’t always been this obsessed about getting hitched. Forty years ago this week, drag queens and others fought back against the cops who were raiding a gay bar called the Stonewall Inn in New York City’s West Village. Three days of protests led to the creation of the Gay Liberation Front (GLF), a revolutionary group dedicated to the sexual liberation of all people. GLFers weren’t looking to walk down the aisle or form binary couples. In a desire to "abolish existing social institutions," as the NYC branch of GLF said in its statement of purpose, some GLFers explored polyamory (more than one relationship at a time).

That’s why I edited Smash the Church, Smash the State! The Early Years of Gay Liberation, just published by City Lights Books, a collection of writings by former GLF members and other gay liberationists. I wanted to commemorate the 40th anniversary of Stonewall and the birth of GLF with a reminder of who we were and what we did. After all these years, I still don’t want to head to the chapel to get married.

When it really comes down to it, gay marriage is a conservative issue. It’s about wanting to fit in, to be like everyone else. Beyond the important issues of tax breaks and next-of-kin status — and the fact that if any institution exists, it shouldn’t discriminate against queers — marriage is ultimately a means of normalizing binary queer relationships, especially for gay men who have always enjoyed the freedom to be promiscuous. It’s a way to try and rein in our libidos, though the prevalence of extramarital sex among straight couples — 50 percent for women, 60 percent for men, according to a recent issue of Journal of Couple and Relationship Therapy — shows that marriage doesn’t come with a chastity belt.

It also doesn’t come with any guarantees, as researchers discovered in Sweden, where queers were able to contract for same-sex partnerships from 1995 until recently, when full same-sex marriage was instituted. According to a study by the Institute for Marriage and Public Policy, Swedish queers have been divorcing in high numbers, like their straight counterparts, who have a divorce rate that’s just a little higher than the United States.

For queers in Sweden, that’s the price of being normal.

Tommi Avicolli Mecca, who has been a queer activist since he was involved with the Gay Liberation Front at Temple University in Philadelphia in the early 1970s, is editor of Smash the Church, Smash the State! The Early Years of Gay Liberation (City Lights Books).

Tear up the budget

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EDITORIAL Here are a few of the new taxes in Mayor Newsom’s no-new-taxes budget.

The cost of sending your kid to a city day camp will jump 35 percent. The cost of after-school latchkey programs will go up 112 percent. It will cost a dollar more to swim in a public pool. Annual swim passes for seniors and people with economic needs will rise by $25. And that’s on top of the Muni fare hike. Fines, fees and licenses will go up a staggering 41 percent.

In other words, poor people who use city services will see their taxes — that is, the cost of using city services — go up significantly. But rich people, big business, Pacific Gas and Electric Co., property owners — they won’t pay anything more at all. (Of course, if you own a small tatoo parlor, your city fees will go up 1,200 percent.)

This is one of the essential lies of the Newsom budget. It’s not revenue-neutral at all; it just raises taxes on the poor.

It’s also not a budget that shares the economic pain fairly.

The Firefighters union is screaming that the supervisors might want to cut a little bit from that bloated agency, but their protests defy reality. In fact, the budget analyst has identified more than $6 million in relatively painless cuts to the Fire Department — and if the supervisors went along with those recommendations, the department would still be getting more than $1 million in increased funding. It’s hard to argue for cutting firefighting in a city built of wood that’s had a bad history with fires. But the reality is that San Francisco’s fire-suppression system was designed long before the days of fire codes, smoke detectors, and sprinklers, and there just aren’t as many fires these days. The budget analyst suggests — as the controller did in 2004 — that the city could temporarily close a few fire stations without any appreciable reduction in public safety.

Firefighters in San Francisco get pay and benefit parity with the cops — and the cops have gotten nice raises recently, in part because it’s been hard to recruit people to work for the San Francisco Police Department. On the other hand, there are 5,000 people on the waiting list to apply for a job as a San Francisco firefighter.

The Police Department’s due for a budget increase, too — of more than $15 million. The budget analyst suggests that $4 million of that could be cut without damaging law enforcement.

Then there’s the Mayor’s Office, where a staff of five people handle public relations for Newsom, at a cost to the public of $653,571. When Art Agnos was mayor in the late 1980s, he managed to get by with just one press secretary. The population of the city hasn’t changed; the number of reporters at City Hall has decreased. Why does Newsom need five times as many people in his communications office? And how much of that public money is actually being used to promote the mayor’s campaign for governor?

Those are just some of the revelations from the reports of the budget analyst and the hearings so far. And they add up to a budget situation that’s very different from anything the city has seen in years.

The Board of Supervisors typically tinkers with the mayor’s budget, changing a million here and a million there. This time the mayor has in effect declared war on the supervisors, appearing with the firefighters at rallies and denouncing board members (at one point Newsom told reporters, "Thank god we have a mayor.") The outcome of the current budget hearings will be a test for the progressive majority on the board, and particularly for president David Chiu. The board members have to be willing to essentially tear up the mayor’s budget, restructure the priorities, replace the fee increases with fair new taxes (even if it means including in the budget projections for tax measures to go on the November ballot), and eliminate the embarrassing waste. *

Into the wild

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› kimberly@sfbg.com

SONIC REDUCER O, Commuter — wherefore art thou, Commuter? Grandaddy mastermind Jason Lytle is familiar enough with the concept of the long haul: he’s known plenty of people who’ve made the trek from his Modesto hometown to Silicon Valley and the Bay. But this time out, on Lytle’s first solo album, an exquisite clutch of songs titled Yours Truly, the Commuter (ANTI-), the typical definition of harried, driven, and road-raging working-stiff doesn’t quite apply. Or so he explains from his home on the edge of Montana backcountry, over a hot printer jetting out flight info concerning his imminent European tour.

"In this instance, I’m referring to the place I gotta go to make good art, get good results, be creative, and then making the trip back to reality, which is just taking care of business and taking care of my life and making sure that the car still works and, uh, there aren’t too many stains on the carpet," he rambles softly, as if speaking to himself, an old friend, or, as the Yours Truly song title goes, the "Ghost of My Old Dog." "It’s not always an easy transition, and I’ve found that the longer I do this, the harder it gets to push yourself to that level of making good art, and then having to come back and be responsible and sift through the wreckage."

Lytle turned 40 on March 26, while fulfilling his target of becoming the "healthiest" he’s ever been. ("Whew, it was a real chore!" he wisecracks wryly, recalling the performance and party gauntlet at South by Southwest a few days previous.) He has more goals where that one came from.

"There’s all this stuff I want to do before I get old," the ex-semi-pro skateboarder says, when I joke that the grandpa years are approaching despite the demise of his old band Grandaddy. "I want to start painting, and I wouldn’t mind playing golf, and I want to get a dog again. I still fucking skateboard on a regular basis! If your body allows you to do it, why quit?"

It’s just as hard to imagine Lytle turning his back on music, in spite of his seeming hiatus since the release of Grandaddy’s Just Like the Fambly Cat (V2, 2006) and his move to Montana three years ago. He busied himself setting up his studio, working on songs for M. Ward, Danger Mouse and Sparklehorse’s forthcoming project, and commercials, until a snowed-in winter spent at the grand piano and peering out the window triggered these tunes. Majestic space balladry ("I Am Lost [And the Moment Cannot Last]"), echo chamber rock ("It’s the Weekend"), Kraut meditations ("Fürget It"), bittersweet summons to the temple of Neil Young ("Here for Good"), and stately Brian Wilson-levitating-on-Air elegies ("Flying Thru Canyons") flowed forth. "I love the idea of putting together a little body of work," Lytle says, "whether it be a mix tape for my friends or just a collection of Christmas songs that I’ve recorded for relatives — or in this case, a group of songs that I thought were strong enough to call an album."

When Lytle comes through town with a group including ex-Grandaddy drummer Aaron Burtch and Rusty Miller of SF’s Jackpot, he’ll be fielding another question: When is the musical commuter coming home? "I would have loved to have stayed in California," drawls Lytle. "But the types of places that I want to live don’t really exist in California anymore. They’re too expensive — or they’re overrun with meth labs." *

JASON LYTLE

Mon/8, 9:30 p.m., $16

Café du Nord

2170 Market, SF

www.cafedunord.com

Also opening for Neko Case

Tues/9, 8 p.m., $30–<\d>$33

Warfield

982 Market, SF

www.goldenvoice.com

————

SNAP! OBSCURA NOT MISERABLE

Don’t you dare call Camera Obscura nostalgists. Vocalist Tracyanne Campbell, she of the heart-torching girlish brogue, fumes at the very thought, despite a "post-dinner slump" following her vegetarian Thai green curry. "No, I don’t think we’re a bunch of miserable, nostalgia-hungry losers," she protests from Glasgow. "We don’t long for the past. The past is very much a part of me, but I think it’s good to try and live in the moment. I think we’re misunderstood."

Still, the combo’s delicious new My Maudlin Career (4AD) is steeped in girl-group charm and Motown shimmy — though Camera Obscura had forged its sound eons before those genres’ current revival. There’s little contrivance to Camera Obscura’s lush music, Campbell explains, especially when it comes to recording: the group tends to track live with few overdubs. "I think a lot of times it’s the happy accident, to be honest," she says. "I don’t want to be too persnickety. I want to be brave enough to try and capture that moment on its own, without looking back with regret."

CAMERA OBSCURA

With Agent Ribbons

Mon/8, 9 p.m., $21.50

The Fillmore

1805 Geary, SF

(415) 346-6000

www.livenation.com

Video of Prop 8 protests

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By Rebecca Bowe

Yesterday’s evening rally in the wake of the California Supreme Court’s decision to uphold Prop 8 attracted thousands. Click below to view a multimedia slide show of the events.

Dystopian enterprise

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Best-selling author Richard North Patterson stays out of the local limelight, but he’s a San Francisco resident — and we caught up with him May 21st to talk about his new book, Eclipse, and the role that U.S. oil companies play in Nigeria.

Before Nigerian environmental activist (and Goldman Environmental Prize winner) Ken Saro-Wiwa was hanged in 1995, PEN, the international writers’ group, wrote letters and organized protests against the execution. "I was very impressed by Saro-Wiwa," says Patterson, who was on the board of PEN at the time. He notes that Saro-Wiwa was a nonviolence advocate who succeeded in building a grassroots movement among the Ogoni in the Nigerian delta — all in the face of a ruthless dictator, and at great risk to his wife.

As Patterson recalls, despite the protests, several Western governments voicing their concerns, and then-President Bill Clinton’s hour-long conversation with Nigeria’s military dictator Gen. Sani Abacha, "They unceremoniously hung Saro-Wiwa. It was a lesson in a number of things, beginning with the degree to which oil makes autocrats feel impervious."

Post- 9/11, oil "security" became a bigger concern. Patterson began to realize that amid the U.S. failures in the Middle East, the disaster in Iraq, and the growing fear of al Qaeda, everyone was looking at Nigeria as an even more important source of oil.

"Meanwhile Nigeria’s environment was that much more ruined, its political leadership hopelessly corrupt, a semi-official militia that claimed to be acting in Saro-Wiwa’s name was killing each other and stealing oil, and everyone had a fee," says Patterson. "It was a classic example of how a natural resource makes its extractors and the rulers rich, but only serves as a source of misery for people standing on the ground. I already felt that Saro-Wiwa was a remarkable man who should be remembered. But now he was becoming even more relevant."

Patterson began researching Saro-Wiwa’s life, a quest that involved one trip to Nigeria and many conversations with lots of related experts. "Nigeria is not a place to go back and forth to — you’d think I was trying to break into Las Vegas," he says, noting that he hired security during his trip. "I’m not unknown, so there was a concern I’d be a high-value target. But I loved the Nigerians I met. They were a bright enterprising bunch in a dystopian setting, and to the extent I couldn’t go places, I did all I could by talking to people, reading articles, and watching films."

The name of Eclipse‘s protagonist is Bobby Okari. Was Patterson making reference to President Barack Obama? "If I was, it was subliminal," he says.

So what can Americans do to improve the plight of everyday Nigerians? "Increasing our independence from oil and increasing our foreign aid to Nigeria would be helpful," Patterson says. "The real problem is the extent to which human rights are trumped by self-interest. When we fill up our tanks, half of us don’t know that there’s oil in Nigeria. So first we need to become aware of the impact of the commodities we need. But I’m not sanguine about how easy this is. Saro-Wiwa was hung and 14 years later, where are we? The same place, and that’s a disgrace."

While Patterson does not excuse what he calls "the callousness of the U.S. oil companies," he believes that first we must address the Nigerian government.

"The history of the oil industry in Nigeria is pretty ignoble, but [without the industry] they can’t maintain the schools, roads, hospitals, and clinics," he says. "If the government doesn’t give a damn, it’s hard to make a quasi-government out of an oil company. When we get angry at the oil companies, it begs the question, What is the government doing? If it isn’t encouraging economic development and environmental protection, how can the oil companies? Shell and Chevron didn’t invent corruption. This is in no way to defend them. [But] there is a disconnect between Nigeria’s miserable government and its citizens. One of my central aspirations is to tell an entertaining story — and also to convey an awareness of a real problem."

Pics: Prop 8 scene at City Hall

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Contrary to rumor, this is not legendary activist Cleve Jones

Today’s Supreme Court decision to uphold Prop 8 — but keep valid those same-sex marriages performed before its passage — was met with dismay and protests at City Hall. Photos by Charles Russo

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Same-sex couple Stuart Gaffney (left) and John Lewis appeared optimistic as they waited for the California Supreme Court ruling on Proposition 8

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Sister Mary Timothy Simplicity of the Sisters of Perpetual Indulgence engages supporters of Proposition 8 outside of the California Supreme Court Building

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Opposing sides on the issue of Proposition 8 debated the matter just moments before the California Supreme Court announced their ruling to uphold the law banning same-sex marriage in the state

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A wave of discontent spread through the largely anti-Prop. 8 crowd …

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… as the ruling was announced that the California Supreme Court would uphold the measure

Prop. 8 protests — where to go

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Sfist has a handy-dandy guide to today’s protests here.

And here’s Assemblyman Tom Ammiano’s statement:

“Today’s Supreme Court opinion upholding Prop. 8 is a stark reminder that the struggle for equality and justice must and will go on. We have come a long way since the days when Harvey Milk and I fought against the discrimination of the Briggs Initiative and Proposition 8 was no different. Harvey’s message then was one of hope and we can see how that message is making progress throughout the country – five states now embrace marriage equality and several more are on the verge.

History has shown that equality cannot be denied to any group and it is only a matter of time before justice prevails. I encourage the supporters of same sex marriage to engage in peaceful, focused actions and we will transform the anger that is felt today into a successful message of political change. The decision today only strengthens my commitment and resolve to restore equality for all Californians.”

Hall of Shame on torture includes Bay Area notables

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By Steven T. Jones
abu-ghraib_electric-man_2-bystander.jpg
It’s shameful that the Bay Area is home to so many of the top people implicated in creating this country’s torture program. They include the former White House lawyers who created the legal justification for the program, Jay Bybee (who is now a justice at the Ninth Circuit Court of Appeals, located on 7th Street) and John Yoo (who teaches law at UC Berkeley’s Boalt Hall); top Bush Administration enablers Condoleezza Rice and Donald Rumsfeld, who are down at Stanford’s Hoover Institute; and our own Speaker of the House Nancy Pelosi, who was reportedly briefed on the program when it began back in 2002 as chair of the House Intelligence Committee.

While Pelosi has so far (inexplicably) escaped serious scrutiny of the issue (just as she did about her foreknowledge of Bush’s illegal wiretapping program), there’s a budding impeachment movement against Bybee, Rice and Rumsfeld reportedly need to consult lawyers before traveling (they should really visit Spain, which I hear is lovely this time of year), and regular protests calling for Yoo’s removal continue next week when World Can’t Wait plans to have a large protest outside Boalt’s commencement ceremonies on May 16 at the Greek Theater.

Justice is coming slowly, but it is coming.

Should the state bar investigate torture lawyer Yoo?

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By Tim Redmond

Protests are going to continue at UC Berkeley over John Yoo, the lawyer who wrote memos authorizing CIA torture. I’m generally an academic-freedom purist, and I hate to suggest that anyone be fired from a university position because of his or her political statements.

On the other hand, the California bar does have rules of professional conduct, and one of them goes like this:

Rule 3-210. Advising the Violation of Law

A member shall not advise the violation of any law, rule, or ruling of a tribunal unless the member believes in good faith that such law, rule, or ruling is invalid

Would that include international law? Would that include advocating torture? I’m not a lawyer or an expert on legal ethics, but perhaps the state bar ought to look into this.

Protest the BART police — in Sacramento

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By Tim Redmond

The protests over the latest BART police killing continue, with one activist chased out of a BART Board meeting today after trying to throw red paint on General Manager Dorothy Dugger.

I’m not endorsing paint-throwing (though pies are always fun), but it’s clear that the BART protests need to continue, because the BART Board members simply will not accept adequate police oversight unless it’s forced on them.

And that’s what Assembly Member Tom Ammiano is trying to do. His bill to require civilian oversight for the BART Police will be heard in the Assembly Public Safety Committee April 14, 9 am, in the state Capitol Room 126. There needs to be a strong showing of support.

Assmbly member Fiona Ma is on that committee, and is weak on this issue. Call her office before the hearing ((916) 319-2012) and let her know you support the measure.

The BART cops will try to derail this. The BART Board is not on board. This will be up to the rest of us; let’s give Ammiano and civilian oversight a show of support.

Law vs. Justice

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steve@sfbg.com

City Attorney Dennis Herrera relishes his reputation as a crusading reformer. For several years, his official Web site prominently displayed the phrase "Activism defines SF City Attorney’s Office," linked to a laudatory 2004 Los Angeles Times article with that headline.

"Doing what we can do to ensure civil rights for everyone is not something we are going to back away from," was the quote from that piece Herrera chose to highlight on his homepage, referring to his work on marriage equality. The article also praises the City Attorney’s Office practice of proactively filing cases to protect public health and the environment and to expand consumer rights.

But more recently the City Attorney’s Office also has aggressively pushed cases that create troubling precedents for civil rights and prevent law enforcement officials from being held accountable for false arrests, abusive behavior, mistreatment of detainees, and even allegedly framing innocent people for murder.

Three particular cases, which have been the subject of past stories by the Guardian, reveal unacceptable official conduct — yet each was aggressively challenged using the virtually unlimited resources of the City Attorney’s Office. In fact, Herrera’s team pushed these cases to the point of potentially establishing troubling precedents that could apply throughout the country.

Attorney Peter Keane, who teaches ethics at Golden Gate University School of Law and used to evaluate police conduct cases as a member of the Police Commission, said city attorneys sometimes find themselves trapped between their dual obligations to promote the public good and vigorously defend their clients. "Therein lies the problem, and it’s a problem that can’t be easily reconciled," he told us.

"A lawyer’s obligation is to give total loyalty to a client within ethical limits," Keane said, noting his respect for Herrera. But in police misconduct cases, Keane said, "it is desirable public policy to have police engage in ethical conduct and not do anything to abuse citizens."

RODEL RODIS VS. SF


Attorney Rodel Rodis is a prominent Filipino activist, newspaper columnist, and until this year was a longtime elected member of the City College of San Francisco Board of Trustees. So it never made much sense that he would knowingly try to pass a counterfeit $100 bill at his neighborhood Walgreens in 2003 (see "Real money, false arrest," 7/9/08).

Nonetheless, the store clerk was unfamiliar with an older bill Rodis used to pay for a purchase and called police, who immediately placed Rodis in handcuffs. When police couldn’t conclusively determine whether the bill was real, they dragged Rodis out of the store, placed him in a patrol car out front, and took him in for questioning while they tested the bill.

There was no need to arrest him, as subsequent San Francisco Police Department orders clarified. They could simply have taken his name and the bill and allowed him to retrieve it later. After all, mere possession of a counterfeit bill doesn’t indicate criminal intent.

The police finally determined that the bill was real and released Rodis from his handcuffs and police custody. Rodis was outraged by his treatment, and sued. He insisted that the case was about the civil rights principle and not the money — indeed, he says he offered to settle with the city for a mere $15,000.

"I told my lawyer that I didn’t want a precedent that would hurt civil liberties," Rodis told the Guardian.

To his surprise, however, the City Attorney’s Office aggressively appealed rulings in Rodis’ favor all the way up to the U.S. Supreme Court, which found that the officers enjoyed immunity and ordered reconsideration by the Ninth Circuit Court of Appeals. Last month the Ninth Circuit ruled in the city’s favor, thus expanding protections for police officers.

Rodis can now name cases from around the country, all with egregious police misconduct, that cite his case as support. "Even with that kind of abuse, people can no longer sue because of my case," Rodis said.

Herrera disputes the precedent-setting nature of the case, saying the facts of each case are different. "We’re defending them in accordance with the state of the law as it stands today," Herrera said, arguing that officers in the Rodis case acted reasonably, even if they got it wrong. "We look at each case on its facts and its merits."

Herrera said he agrees with Keane that it’s often a difficult balancing act to promote policies that protect San Francisco citizens from abuse while defending city officials accused of that abuse. But ultimately, he said, "I have the ethical obligation to defend the interests of the City and County of San Francisco."

While it may be easy to criticize those who bring lawsuits seeking public funds, Rodis says it is these very cases that set the limits on police behavior and accountability. As he observed, "The difference between police in a democracy and a dictatorship is not the potential for abuse, but the liability for abuse."

MARY BULL VS. SF


In the run-up to the U.S. invasion of Iraq in 2003, there were months of antiwar protests resulting in thousands of arrests in San Francisco. Activist Mary Bull was arrested in November 2002. Bull said she was forcibly and illegally strip-searched and left naked in a cold cell for 14 hours.

San Francisco’s policy at the time — which called for strip-searching almost all inmates — was already a shaky legal ground. Years earlier Bull had won a sizable settlement against Sacramento County because she and other activists were strip-searched after being arrested for protesting a logging plan, a legal outcome that led most California counties to change their strip-search policies.

So Bull filed a lawsuit against San Francisco in 2003. The San Francisco Chronicle ran front page story in September 2003 highlighting Bull’s ordeal and another case of a woman arrested on minor charges being strip-searched, prompting all the major mayoral candidates at the time, including Gavin Newsom, to call for reform. Sheriff Michael Hennessey later modified jail policies on strip searches, conforming it to existing case law.

But the City Attorney’s Office has continued to fight Bull’s case, appealing two rulings in favor of Bull, pushing the case to the full Ninth Circuit Court of Appeals (from which a ruling is expected soon) and threatening to appeal an unfavorable ruling all the way to the U.S. Supreme Court.

"It’s pretty outrageous and humiliating to strip-search someone brought to jail on minor charges," Bull’s attorney Mark Merin told the Guardian. "If they win, they establish a bad precedent."

Herrera said the case is about inmate safety and that his office must follow case law and pursue reasonable settlements (neither side would say how much money Bull is seeking). "We do it well and we do it with a sense of justice at its core," Herrera said.

Yet Merin said the city’s actions fly in the face of established law: "In the Bull case, he’s trying to get 25 years of precedent reversed."

Merlin noted that "the problem is not with the city, it’s with the U.S. Supreme Court." In other words, by pushing cases to a right-leaning court, the city could be driving legal precedents that directly contradict its own stated policies.

"It would be nice if this city was in a different league, but they look at it like any defense firm: take it to the mat, yield no quarter" he added.

JOHN TENNISON VS. SF


For the Guardian, and for all the attorneys involved, this was a once-in-a-lifetime case. In 1990, Hunters Point residents John J. Tennison and Antoine Goff were convicted of the 1989 gang-related murder of Roderick Shannon and later given sentences of 25 years to life.

Jeff Adachi, Tennison’s attorney and now the city’s elected public defender, was shocked by a verdict that was based almost solely on the constantly mutating testimony of two young girls, ages 12 and 14, who were joyriding in a stolen car, so he continued to gather evidence.

Eventually Adachi discovered that police inspectors Earl Sanders and Napoleon Hendrix and prosecutor George Butterworth had withheld key exculpatory evidence in the case, including damaging polygraph tests on the key witnesses, other eyewitness testimony fingering a man named Lovinsky Ricard, and even a taped confession in which Ricard admitted to the murder.

After writer A.C. Thompson and the Guardian published a cover story on the case (see "The Hardest Time," 1/17/01), it was picked up pro bono by attorneys Ethan Balogh and Elliot Peters of the high-powered firm Keker & Van Nest LLP, who unearthed even more evidence that the men had been framed, including a sworn statement by one of the two key prosecution witnesses recanting her testimony and saying city officials had coached her to lie.

In 2003, federal Judge Claudia Wilken agreed to hear Tennison’s case and ruled that the prosecution team had illegally buried five different pieces of exculpatory evidence, any one of which "could have caused the result of Tennison’s new trial motion and of his trial to have been different."

She ordered Tennison immediately freed after 13 years in prison. The district attorney at the time, Terrence Hallinan, not only agreed and decided not to retry Tennison, he proactively sought the release of Goff, who was freed a few weeks later.

"The only case you can make is that this was an intentional suppression of evidence that led to the conviction of any innocent man," Adachi told the Guardian in 2003 (see "Innocent!" 9/3/03). In the article, Hallinan said "I don’t just believe this was an improper conviction; I believe Tennison is an innocent man."

But the pair has had a harder time winning compensation for their lost years. State judges denied their request, relying on the initial jury verdict, so they sued San Francisco in 2003, alleging that the prosecution team intentionally deprived them of their basic rights.

"What happened to these guys was a horrible miscarriage of justice," Balogh said.

The City Attorney’s Office has aggressively fought the case, arguing that the prosecution team enjoys blanket immunity. The courts haven’t agreed with that contention at any level, although the city spent the last two years taking it all the way to the Ninth Circuit, which largely exonerated Butterworth. The case is now set for a full trial in federal district court in September.

"They are unwilling to admit they made a mistake," Elliot said. "They are doing everything not to face up to their responsibility to these two guys."

The lawyers said both Herrera and District Attorney Kamala Harris had an obligation to look into what happened in these cases, to punish official wrongdoing, and to try to bring the actual murderer to justice. Instead the case is still open, and the man who confessed has never been seriously pursued.

Harris spokesperson Erica Derryck said the Ninth Circuit and an internal investigation cleared Butterworth "of any wrongdoing," although she didn’t address Guardian questions about what Harris has done to close the case or address its shortcomings.

In fact, the lawyers say they’re surprised that the city is so aggressively pushing a case that could ultimately go very badly for the city, particularly given the mounting lawyers’ fees.

"When we filed the case, we never thought we’d be here today," Balogh said. "They had a bad hand and instead of folding it and trying to pursue justice in this case, they doubled down."

Herrera doesn’t see it that way, instead making a lawyerly argument about what the prosecution team knew and when. "Our belief is there is no evidence that Sanders and Hendrix had information early on that they suppressed," Herrera said. "Based on the facts, I don’t think they, Hendrix and Sanders, violated the law. But that’s a totally different issue than whether they were innocent…. It’s not our role to retry the innocence or guilt of Tennison and Goff."

Herrera said he’s limited by the specific facts of this case and the relevant laws. "If the Board of Supervisors wants to do a grant of public funds [to Tennison and Goff], someone can legislate that. But that’s not my job," Herrera said.

As far as settling the case in the interests of justice or avoiding a precedent that protects police even when they frame someone for murder, he also said it isn’t that simple. Keane also agreed it wouldn’t be ethical to settle a case to avoid bad precedents.

"I’m always willing to talk settlement," Herrera said. "This is not an office that makes rash decisions about the cases it chooses to try or settle."

Deputy City Attorney Scott Wiener is the point person on most police misconduct cases, including the Rodis and Tennison cases, as well as another current case in which Officer Sean Frost hit a subdued suspect, Chen Ming, in the face with his baton, breaking his jaw and knocking out 10 teeth.

Wiener, who is running for the District 8 seat on the Board of Supervisors and is expected to get backing from the San Francisco Police Officers Association, recently told the Chronicle that Frost "did not do anything wrong." Contacted by the Guardian, Wiener stood by that statement and his record on police cases, but said, "I consider myself to be fair-minded." He also denied having a strong pro-police bias.

Yet those involved with these cases say they go far beyond the zeal of one deputy or the need to safeguard the public treasury. They say that a city like San Francisco needs to put its resources into the service of its values.

"It raises the broader question of what is the city attorney’s mandate? Is it fiscal limitation regardless of the truth?" Balogh said. "Dennis Herrera has had a very aggressive policy in defending police officers."

Herrera says he is proud of his record as the city attorney, and before that, as president of the Police Commission. "I believe in police accountability and have made that a big part of what I’ve done throughout my career."

Shielding Goni

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news@sfbg.com

Top Democratic Party pollster Stanley Greenberg rolled into San Francisco last month to promote his latest book, Dispatches from the War Room — In the trenches with five extraordinary leaders (2009, St. Martin’s Press). The slight, bespectacled man spoke at the Commonwealth Club, sharing what he hoped were "honest and frank" accounts of working with leaders such as Nelson Mandela and Bill Clinton.

While he happily pontificated on the lessons these experiences held for President Barack Obama, he was a bit more defensive on why he had proudly featured in the book Gonzalo "Goni" Sánchez de Lozada, former president of Bolivia who is currently wanted for his role in a massacre of 67 people in October 2003.

Greenberg was drafted in 2002 to help Goni, a wealthy University of Chicago-educated businessman, get elected president during a time of social upheaval created largely by U.S.-backed neoliberal economic policies. Branding Goni as the only man who could "resolve the crisis," Greenberg and other U.S. political consultants helped their client scrape an electoral victory with just 23 percent of the popular vote.

The deaths took place less than a year later when Goni announced deeply unpopular plans to privatize the country’s natural gas reserves and give foreign corporations more control over Bolivia’s resources. Road blockades erected by protesters in the poorest outlying neighborhoods of the high altitude city of La Paz effectively cut off supplies. Goni signed a decree that instructed the army to clear the roads and promised "indemnification for any damage to property and persons which might occur." That effective carte blanche resulted in the army shooting live ammunition indiscriminately at men, women, and children.

Military repression brought to a head one of the country’s bloodiest years, in which more than 150 people died in social protests. Rising popular anger led Goni to flee the country to exile in the United States. He has since lived comfortably in Chevy Chase, Md., protected by Republicans and Democrats alike.

Greenberg admits in the book that the violence caused him "to take stock," yet he ends up saying he is now "more certain of my course and his [Goni’s]." He concludes: "I am proud of what we did to help Goni become President." From the podium at the Commonwealth Club, he blamed the atrocities on the supposed "parallel violence" by the protestors.

It seems a surprising conclusion for a man who is supposedly in touch with the electorate. Goni is universally reviled in Bolivia as a corrupt and arrogant politician who devalued Bolivian lives. Even Goni’s Vice President Carlos Mesa denounced him and swore that he would never use violence to enforce policies. Two-thirds of Bolivia’s Congress — including many who had formed part of Goni’s coalition — approved a trial seeking responsibility for the massacres. Disgust at Goni’s "free market" (or neoliberal) economic and social policies, which increased poverty and inequality, was partly behind the landslide 2005 electoral victory of one of the leaders of the protest movements, Evo Morales.

Yet sadly, Greenberg’s positive spin of Goni seems to be a view that is widely shared with the Democratic Party. At a Washington launch event for Greenberg’s book, Speaker of the House Nancy Pelosi also appeared to hold Goni in high esteem, warmly welcoming him to the event and calling him a "very special man." Goni’s former defense lawyer, Gregory Craig, is now Obama’s White House counsel. The Democrats’ historic loyalty to one of their favored pro-American friends seems to outweigh their commitment to human rights and fair legal process.

Rogelio Mayta, the resolute lawyer representing the families whose loved ones were killed in October 2003, tries to give Pelosi the benefit of the doubt. "We want to believe in the good faith of … Pelosi and believe that these praises are due to misinformation rather than a concrete line of action and thinking by the U.S. government," he said.

Yet the anger of Eloy Rojas, who lost his eight-year-old daughter when troops entered his village and started shooting indiscriminately, is harder to hide. "Every effort that allies of Sánchez de Lozada make to present the ex-president as a victim and an honest man is for us an offense. It is an offense against the pain and suffering that his terrible actions had for our lives. His determination to defend his and other people’s economic interests meant that he stopped valuing peoples’ lives … That is why we continue to seek justice."

In March, Bolivian families who lost loved ones marked a significant milestone in their struggle to end the legacy of impunity for political elites like Goni. After five years of navigating political games and legal loopholes, a date was set for the trial of responsibility for Goni and seven of his ministers. Yet the main defendant, Goni, will be missing because the U.S. government has ignored requests for extradition for several years.

Many in the U.S. and worldwide continue to hope that Obama’s inauguration will mark a new chapter in relations worldwide, especially in Latin America, where there has been a new wave of resistance against U.S. attempts to impose its economic interests. Obama has made some important first steps in ordering closure of the Guantánamo Bay detention facility and reinvigorating the use of diplomacy in regions such as the Middle East. But if he really wants to start a new chapter of international relations rooted in human rights, he doesn’t need to travel abroad. He just needs to respond to Bolivia’s lawful request for extradition and send home the man who lives just seven miles from the White House. 2

Nick Buxton is a British journalist who was based in Bolivia for many years before moving to San Francisco last year. His blog, Open Veins, is at www.nickbuxton.info.

Sam I am?

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› a&eletters@sfbg.com

He has come, he says, to take American Jewry into the 21st century. Some members of the suburban synagogue that just hired Sam Isaac, charismatic tax attorney and single father turned rabble-rousing rabbi and spiritual visionary, are thrilled. Others, not so much. Between those two poles, and across 12 fully fledged characters, solo performer extraordinaire Charlie Varon takes us on a steadily dramatic, extremely witty, and thought-provoking ride through what he pictures as a transformative moment in Jewish identity. And transformation is what Rabbi Sam — who calls the United States the most Jewish of countries and likes to draw on Lincoln as much as that other Abraham — represents.

No doubt a little shaking up was needed at the synagogue where, as Sam reminds his audience, the young have been drifting away from the religion of their parents, and where for too long the others have gotten by on hollow nostalgia ("museum Judaism" he calls it, "with just a pinch of that shtetl kitsch"). But Rabbi Sam is as determined as he is brilliantly inspired, and with the board of directors split passionately down the middle about him, a showdown looks all but inevitable.

The crux of the matter becomes Sam’s vaguely suspicious management of an anonymous donor’s gift of $2 million, intended specifically to take Jews, and even willing gentiles in the community, on a trip to Jerusalem for a "jolt" of Judaism straight from the Holy Land that will supposedly, under Sam’s tutelage, help take American Judaism out of the past and reinvent it for the future. Slowly, as this project meets resistance from certain crotchety but not unsympathetic quarters, Sam becomes a more ambiguous figure, his embrace of certain influential members of the community beginning to smack of manipulation, his supreme confidence giving off a whiff of megalomania.

Varon’s multicharacter solo show — the first in years from the famed creator of such theatrical gems as Rush Limbaugh in Night School, in ongoing partnership with collaborator and director David Ford — is a performance tour de force, propelling a story both compellingly nuanced and suspenseful. At the same time, and despite its dozen diverse characters and muscular wrestling with the scope of Jewish identity at the beginning of a new century, there is something of a conspicuous absence at the heart of the play, especially given the centrality of Sam’s Jerusalem venture, which is Judaism and America’s inevitable entanglement in the ongoing and escautf8g catastrophe unfolding, disproportionately, for Palestinians and Jews in Israel-Palestine.

Even if it goes unstated in the play — which may simply and understandably be trying to avoid opening a can of worms, thematically speaking — it will probably strike at least some members of the audience that Jerusalem is technically an occupied city, not, therefore, open to all, but rather a principal site of contestation.

Again, it is not hard to imagine Varon and Ford wanting to skip the issue for wholly practical reasons, as an almost uncontainable distraction from the play’s wider concerns. But can it really be avoided? The modern history of Israel and the Israel-Palestine conflict surely has, at the very least, implications for the play’s theme: the nature of Jewish identity in the United States today, a conundrum that American Jewish individuals and groups consciously underscore, for example, by their vocal presence at the forefront of recent nationwide protests against the U.S.-backed Israeli military incursions into Gaza. Silence on this pressing context does not banish it from the consciousness of the audience. Rather, it risks becoming, however inadvertently, a misleading gesture of its own.

RABBI SAM

Through May 10

Thurs–Sat, 8 p.m.; Sun, 7 p.m. (except April 19, show at 2 p.m.), $18

Marsh, 1062 Valencia, SF

800-838-3006, www.themarsh.org

When protesters become ‘terrorists’

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› rebeccab@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SF protests target corporate greed

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Photo and story by Ben Terrall

Popular anger at obscene corporate bonuses being issued in the midst of economic collapse was directed at Wells Fargo’s offices in the SF Financial District yesterday.

Wells Fargo received a $25 billion bailout from the federal government. And while its CEO was paid $26.6 million last year, the bank’s tellers make a median wage of $10.20 per hour.

The San Francisco rally was part of a national day of action that included protests in 33 states. The crowd of around 60 people waved signs that included, “IT’S TIME FOR AN ECONOMY THAT WORKS FOR EVERYONE.”

Pineapple express?

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In the late 1950s and early 1960s, Hollywood’s hitherto stereotypical or simply indifferent portrayal of Asians progressed, albeit in one-step-forward-two-steps-back fashion. (Notably horrifying was Mickey Rooney’s 1961 yellowface caricature as Holly Golightly’s "Japanese" neighbor Mr. Yunioshi in Breakfast at Tiffany’s.)

South Pacific (1958), Flower Drum Song (1961), The World of Suzie Wong (1960), and several Sam Fuller–directed pulp actioners (like 1959’s The Crimson Kimono) promoted tolerance and understanding, however compromised they might look now. Nor is sincerity an issue in 1963’s Diamond Head, which gets a rare revival screening at this year’s San Francisco International Asian American Film Festival. This glossy Panavision soap opera, based on a pulpy novel (Peter Gilman’s Such Sweet Thunder), offers a perfect mixed-message read of Hollywood’s hesitant multiculturalist liberalism at the time.

Charlton Heston, then at the height of box-office stardom (concurrently a significant civil rights activist, before his infamous conservativism later in life) plays the politically aspirational, bullwhip-wielding macho Richard "King" Howland, ruler of a vast Hawaiian pineapple ranch. He’s got a borderline incestuous interest in preventing kid sister Sloane (Yvette Mimieux) from marrying "half-caste" Paul (teen idol James Darren in light-cocoaface). That intervention is intervened by Paul’s big brother Dr. Dean (West Side Story‘s George Chakiris, two years later, again with the dusky "ethnic" makeup). Meanwhile Heston’s "Dick" (ahem) hypocritically keeps mistress Mai Chen (a stilted Frances Nuyen, famed from South Pacific and ridiculously self-serving protests against 1993’s The Joy Luck Club when her big scene was cut). Blackmail, jealousy, arguably accidental death, and provocative Caucasian hula-dancing likewise figure into the contrived melodramatics.

Diamond Head sports the sort of juicy-coarse plotting that used to be called "claptrap." It’s not wholly camp yet. But the widescreen gloss, corny emoting, and sheer presence of über-alpha-male Heston at his Sir Smirksalot peak are getting there, fast. Buried somewhere in these vanilla histrionics are fairly sharp digs against ethnic prejudice. Mimieux even says, "Someday all bloods will be mixed and all races gone. Where’s the loss?" — a remarkably hopeful statement for 1963. Or today. Diamond Head semi-embarrasses now. Yet it also tries admirably hard to get over its inherent miscegenationalist sensationalism, which does count for something.

DIAMOND HEAD

Sun/15, noon, $11

Castro Theatre, 429 Castro, SF

www.asianamericanmedia.org

THE SAN FRANCISCO INTERNATIONAL ASIAN AMERICAN FILM FESTIVAL March 12–22. Main venues are the Castro, 429 Castro, SF; Sundance Kabuki, 1881 Post, SF; Pacific Film Archive, 2575 Bancroft, Berk; and Camera 12 Cinemas, 201 S. Second St., San Jose. Tickets (most shows $11) are available at www.asianamericanmedia.org. For this week’s schedule, see film listings.

Regular protests mark Oscar Grant’s death

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bart1.jpg
Editor’s Note: Protests over the fatal shooting of Oscar Grant on New Year’s Day, for which former BART police officer Johannes Mehserle has been charged with murder, have been regular events in Oakland, including one scheduled for tomorrow and another on Valentine’s Day. Here’s an on-the-ground account of last week’s event.
Text and photos by Joe Sciarrillo

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

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

Immigrant activists seek Newsom meeting

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› news@sfbg.com

As cops pushed their way through City Hall’s crowded hallways the day after the presidential inauguration, telling immigrant-rights demonstrators to make a clear pathway, a woman pulled her friend closer to the wall.

"Be careful," she said in Spanish. "You don’t want to be detained."

The mostly Latino protesters placed a candle and an invitation to an immigrant rights meeting in front of each supervisor’s door. The event was meant to bid good riddance to George W. Bush and demand policy change from both President Barack Obama and Mayor Gavin Newsom in light of the escautf8g nationwide crackdowns on undocumented immigrants.

Angered by what they see as a lack of local political leadership in the face of federal assaults on San Francisco’s sanctuary city ordinance, the protesters, numbering in the hundreds, sang social justice songs and chanted "Si se puede" before stopping in front of the Mayor’s Office to shout, "Let us in!"

Organized by the San Francisco Immigrant Rights Defense Committee, a coalition of 30 organizations that has been working on an immigrants’ rights platform since last July, the action was intended to place additional pressure on Newsom to meet directly with activists.

Newsom has refused to hold a public meeting with immigrant-rights groups since announcing last summer that the city would contact federal authorities whenever youth suspected of being undocumented are arrested on felony charges. That means even innocent kids, arrested by mistake, could be deported.

Newsom’s abrupt policy shift came on the heels of a series of racially charged San Francisco Chronicle articles that hit newsstands just as he was announcing his intention to run for California governor.

Since then, SFIRDC has organized protests and met individually with nine supervisors to persuade them to uphold the city’s sanctuary ordinance and municipal ID program, and to work to stop Immigration and Customs Enforcement (ICE) raids, police checkpoints, and budget cuts to immigrant community programs.

To date, the four newly elected supervisors — John Avalos, David Campos, David Chiu, and Eric Mar, all direct descendants of immigrant families — along with two returning board members, Sups. Chris Daly and Bevan Dufty, have signed SFIRDC’s pledge.

But while Sup. Sophie Maxwell is said to be open to the idea and Ross Mirkarimi is likely to sign it, Sups. Michela Alioto-Pier, Sean Elsbernd, and Carmen Chu, Newsom’s closest allies on the board, have not.

SFIRDC co-organizer and Asian Law Caucus staff attorney Angela Chan said the coalition hopes Newsom will be receptive to the idea of a Feb. 25 town hall meeting, and that Obama will heed calls to stop raids and suspend detentions and deportations — moves that have increased in frequency locally since Joseph Russoniello was appointed U.S. Attorney for Northern California in December 2007.

"Russoniello’s priorities don’t seem to be in line with the Obama administration," Chan told the Guardian, further noting that the success of SFIRDC’s February 25th meeting, which will be held at the office of St. Peter’s Housing Committee, hinges on the presence of the mayor: If he doesn’t show, the discussion cannot move forward.

San Francisco’s 1989 Sanctuary Ordinance prohibits the use of city funds to enforce federal immigration law, but a 1993 amendment requires the city to report immigrants suspected of felonies to the federal government.

But San Francisco law-enforcement officials chose not to apply that rule to young people — until last summer’s policy shift. Since then, the Juvenile Probation Department has referred an estimated 100 San Francisco youth (who were arrested on suspicion of a crime, but not yet convicted) to ICE. The feds can detain undocumented youth in county jails with adult criminals or transfer them to other facilities, often in other states, without notifying an attorney or a family member.

"We want to narrow the 1993 felony exception to be applied only if a youth has gotten due process and been found to have committed a felony," Chan said.

The city’s crackdown is part of a larger national picture. The amped-up federal campaign against undocumented immigrants, a product of post-9/11 programs, began when ICE was created to replace the Immigration and Naturalization Service in 2003.

"There are victims of domestic violence who will not call the police because they are afraid of their families getting deported," Guillermina Castellano, a domestic worker and activist with Mujeres Unidas and La Raza Central, said at the protest."The main difference between now and before is the scale," said Francisco Ugarte, a lawyer with the Immigrant Legal Education Network. "It’s hard to describe the kind of fear that exists now."

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