Review

The prison health-care fiasco

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By Just A Guy

Editors note: Just A Guy was recently released after serving time an a California state prison. He continues to report for us on prison and law-enforcement issues.

Gov. Arnold Schwarzenegger is appealing to the U.S. Supreme Court the federal three judge panel’s decision forcing him and Californina to release around 40, 000 inmates, but I just can’t fathom the rationale behind this appeal. The Santa Cruz Sentinel article says that California is proclaiming the courts have overstepped their authority by ordering this release, but hasn’t anyone in the state government considered that maybe the feds are ordering this release because California’s government has overstepped its bounds?

Don’t Arnold and the state government see this isn’t about just health care for inmates, but also about rational laws, rational sentencing, and treating human beings with dignity and respect? I know the majority of the public would rather bury its head in the sand than face this issue, but this issue is in your living rooms, in your classrooms, and on your streets. It isn’t just the gang-banging jerk from the hood that’s being thrown in jail for ridiculous amounts of time in California — it’s also middle class addicts, college students etc … It’s your neighbors, your friends’ kids, and your kids that are all affected by this insanity. All the judges are trying to do is bring a small amount of sanity back into your fucked up state.

From the article:

“But at the same time, Schwarzenegger and prison officials have been urging the Supreme Court to review the case, arguing that the three judges have trampled on the right of the state (my emphasis) to run its prison system and operate within its budget.”

Isn’t it ironic that the state’s appeal is based on the premise that the courts are trampling the state’s rights? The panel’s order is based on the fundamental constitutional rights of, mostly, Americans to receive adequate medical and mental health care! Isn’t there a huge push in this country with Obama’s healthcare bill to ensure that all Americans are able to receive healthcare? Why is it any different for Americans in prison? Not just Americans though, but any human being in this country? Wouldn’t you, if you were on vacation and became sick in another country, have the hope that you would be able to get adequate medical care? People are sent to prison as punishment, not for punishment.

I have Hepatitis C. I was supposed to be on a program called chronic care, in which I should have seen a doctor once every 60 days to get my blood drawn to check my viral load. I was not seen for the last 18 months that I was in prison in California. Another time I received an injury called a calf strain while playing handball. My calf muscle detached from the tendon. By the time I was given an MRI and the results of the MRI the muscle had healed, but healed improperly, so now the right calf muscle looks deformed:

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I had a bunk mate, Mark, who was having severe problems with various organ failures. His legs would become so swollen that he had a hard time walking to the restroom and his stomach so distended he looked as if he were pregnant.

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The only way he could get medical treatment was to do what’s called a “man down” (this means he would have to have the medical staff come to the building by proclaiming it was an emergency medical situation. In other words, there would have to be an emergency alarm, the entire yard would have to be closed down and the medical staff brought to the building) to get treatment. The building co’s were so disgusted by the situation that they would encourage Mark to do a “man down” just to be seen. Ultimately Mark was put in to hospice and died. (see picture of Mark’s legs taken in December of 2008).

I specifically remember a time when Mark did this “man down” and the nurse (or nurse’s aide) tried to talk Mark into staying in the building until the following day because the doctor that was supposed to have seen Mark that day had called in sick.

I am sure there are plenty of people who will read this and say to themselves or to others that if the people didn’t commit the crimes than they wouldn’t have to worry about such things as healthcare. Or that inmates are getting better healthcare than people on the streets. Or that inmates don’t deserve healthcare. To these people I say this: do unto others as you would have them do unto you.

A picture is worth a thousand words, they say. I wonder how the pictures attached to this blog may cause people to think a little differently about the entire situation. These pictures are just a small idea of how healthcare really works in the system, the reality of it. So, my question is this: Who is really getting their rights trampled and who stood up for Mark’s rights?

Big changes for cab industry

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By Tim Redmond

The San Francisco taxi industry may be headed for a major shakeup that could change the way the city distributes the medallions that allow driver to legally operate cabs.

There’s no formal proposal on the table right now, but over the past few months, the director of the Municipal Transportation Agency’s taxi division, Christine Hayashi, has been meeting with drivers, cab companies and other stakeholders to discuss what could be sweeping changes in Proposition K, the 1978 measure that set the rules for cab permits in San Francisco.

She plans to issue a report on her proposals to the MTA Jan. 5th, but she’s been presenting talking points that give a suggestion of where the proposals might go — and it involves the sticky issue of allowing some medallion holders to sell their city permits for cash.

Prop. K, authored by then-Sup Quentin Kopp, was based on the premise that cab permits are valuable, belong to the city and should only be issued to people who are actually driving taxis. Under the current rules, only active drivers can hold permits, for which they pay a nominal annual fee. The only way to get a permit is to put your name on a list and wait for one of the 1,500 medallions to become available, which happens when a permit holder retires from driving or dies.

The wait is now more than 10 years.

Permits are worth a lot. You not only get to drive a cab, you can least the permit to other drivers when you’re off duty — and since cabs are in use 24 hours a day, the lease revenue alone amounts to about $30,000 a year.
Prop. K put an end to the concentration of ownership in the industry, taking control of the lucrative permits away from the few big companies that dominated the business in the early 1970s. And it ensured that working drivers got the benefits of permits.

It’s also created a complex industry system: Most drivers are independent contractors who lease both vehicles and medallions from cab companies. They pay more than $100 a shift in lease fees — known as “gates” — then pay for their own gas and try to bring in enough fare revenue over the course of a 12-hour shift to cover costs, and keep whatever is left over as their income.

They get no health insurance from the cab companies, no retirement plans, and no disability. The medallion holders do a little better — they get the best shifts, pay lower gates and keep the outside lease income — but they lack benefits, too.

A lot of the drivers like the independent contractor system — the harder they hustle, the more money they make. But once drivers get the valuable medallions, they don’t ever want to relinquish them.

That’s left a potentially dangerous situation: A significant percentage of medallion holders — perhaps as many as a third, by preliminary city estimates — are more than 60 years old, and quite a few are over 70. Some have vision problems. At a certain point, it’s not safe to have them carrying passengers in cabs; that’s not ageism, it’s a basic medical fact. Most transportation systems have mandatory retirement ages; airline pilots typically have to get out of the cockpit at 60.

But the aging medallion holders have gotten used to that $30,000 a year in income, and refuse to retire — because once they stop driving, they have to turn the permit back to the city.

In some places — New York City, for example — cab medallions are sold on the open market, and go for anywhere from $250,000 to more than $500,000. Drivers take out bank loans similar to mortgages to buy the permits, then sell them when they get out of the business. Speculators also buy and sell them, like pork belly futures.
Mayor Gavin Newsom last year suggested a similar system
for San Francisco.

That’s not what Hayashi is suggesting. Both she and MTA spokesperson Judson True told me that it’s too early to talk about a specific set of proposals. But in a taxi town hall meeting she held Dec. 15th, Hayashi put out some talking points that show what could be the outlines of a plan to overhaul the industry.

The goals she outlined are pretty basic — and laudable. Driver quality of life (the better things are for drivers, the better drivers we’ll get), public service and safety, “entry strategy” — that is, who gets medallions and how do you encourage good drivers to stay in the business — and “exit strategy” — how do you deal with drivers who want to, and ought to, retire.

But then it gets tricky.

Hayashi suggested that some percentage of the permits — say, 40 percent, which would be 600 medallions — would be designated as “retirement eligible.” Those medallions could be sold when a driver retires, and the driver could keep most of the money (after a sizable cut goes to the city). Instead of auctions, though, Hayashi wants the city to set the sale price — at a level that drivers could afford. That price would depend in part on what sort of loans local banks and credit unions would be willing to make, and at what rates.

The people currently on the waiting list would have first shot at buying the medallions.

The other thing she talked about was winnowing down the current seniority list. It’s no secret that a lot of the people on the list have been out of the industry for years. Her presentation jokingly talked about getting rid of the “pets and unborn children” on the list, and I think a serious review would probably knock out a third of the names.

The whole idea of selling medallions — any medallions — or allowing drivers to keep them and earn income from them after they retire run directly counter to what Kopp had in mind with Prop. K. And while I couldn’t reach him today, he’s told me in the past that he will put his formidable political capital on the line to block any attempt to change one of his signature pieces of legislation.

And the United Taxicab Workers union doesn’t like the idea of selling medallions, either. Union president Mark Gruberg told me that he sees this as the first step toward allowing all permits to be bought and sold on the market.

“Once you can sell some medallions, the people who hold them will put enormous pressure on the city to expand that program,” he said.

On the other end, Newsom has made no secret of his desire to tap into the potential gold mine that would be opened up if the city simply put the permits up for sale at auction. Sell all 1,500 permits at $200,000 and the city picks up a cool $300 million — enough to make this year’s budget deficit nearly vanish.

So Hayashi’s walking a fine line here, between Kopp and the UTW, which wants no sales at all, and Newsom and his money people, who want to cash out today.

I recognize the problems of the older drivers, but I’m still dubious about the idea that San Francisco somehow owes retirement to people who have insisted their entire careers that they want to be independent contractors, not employed by or managed by anyone. No other small business person who works under those conditions (including, for example, freelance writers, freelance web designers and self-employed accountants) gets to sell a city-owned permit and retire on the proceeds.

And I’m really nervous any time anyone talks about changing Prop. K — because the cab companies would just love to get their hands on those permits, and it will take a mighty effort to keep the drivers in control.

But the ideas floating around now have come a long way from the idea of treating cab medallions like mortgage-backed securities. I’ll keep you posted.

The DEIR that ate Christmas!

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Text by Sarah Phelan. Photo by Ben Hopfer.

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I don’t know if Mayor Newsom took a copy of the city’s 4,400 page draft environmental impact report (DEIR) for Lennar’s proposed massive Candlestick/Hunters Point Shipyard redevelopment on vacation at the swanky Mauna Kea Beach Hotel in Hawaii.

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This is what a room at the Newsoms’ get away (from the folks wanting more time to read the DEIR) hotel in Hawaii looks like.

But if he did, he’d need an extra suitcase just to carry the darn thing, not to mention an ante chamber to store it, when he goes swimming, or whatever, in between readings.

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As our illustration shows, a volume of this massive six-volume report is the size of a phone book. And way denser.
That’s because it’s packed with all kinds of interesting information. Which is why folks have been asking Newsom to extend the public comment period on this document, which was released in mid-November, to mid-February.

This requested extension would give folks three months to read, digest and comment on one of the most important and legally binding documents to land on Newsom’s desk since he became mayor. And the last month of this requested extension wouldn’t be unencumbered by Thanksgiving, Christmas and New Years.

But to hear Newsom’s appointees on the Redevelopment and Planning Commissions, those folks asking for a mid-February extension are just whining, or don’t plan on reading the documents at all. And anyways, who cares if the public doesn’t get their comments in time. Because there’ll be plenty of opportunity to comment later on, right?

Wrong. The DEIR public comment period represents one of the few moments when comments have to be put into the public record—and replied to. That was not the case during all those hundreds of meetings that city staff and project boosters like to quote as alleged evidence that there has been plenty of public input into this process.

In fact, when folks were worried about the prospect of selling off a slice of Candlestick Park so that Lennar could build luxury condos on prime waterfront land, they were told, don’t worry, they’ll be plenty of opportunity to review this plan when the environmental impact report comes out. But now it’s all, hurry up and finish, already.

But now that a draft version has been released, and is available online—or in the offices of the Redevelopment Agency and the Planning Department, it’s critical that folks read all of it, and not just the executive summary. It’s also important that folks not versed in “DEIR speak” find professionals that are to give them independent feedback, and that they then submit written comments to Redevelopment and Planning, the city’s two lead agencies on this project, by the deadline that the city has set.

The city’s original deadline was Dec. 28–the minimum 45-day public review period that’s required under the California Environmental Quality Act (CEQA), when a project has to be reviewed by state agencies. That’s why a lot of folks showed up at the city’s two DEIR hearings on Dec. 15 and Dec. 17 to voice their concerns. And while I sympathize with the plight of Alice Griffith residents, who continue to live with cockroaches and backed-up sewers and leaking roofs and broken windows, and unemployed workers in this town, rushing DEIR review won’t get housing built or jobs created any sooner. What it will do is increase the chances that the city will get sued.

Which is why folks who seriously want to read and comment on the DEIR asked the city for the Feb. 12 extension. Instead, they got a patronizing rebuff from Newsom’s commissioners, who gave them a 15-day extension, which ends Jan. 12. Along with the opportunity to voice their concerns one more time before Redevelopment on Jan. 5.

That’s why some folks are planning to ask Newsom not to be a Grinch, by faxing copies of a poster that features a cool looking Grinch to City Hall. So, while it won’t be snowing in Hawaii, it could be snowing faxes in the Mayor’s Office. As the poster notes,

“Don’t be a Grinch! Mister Mayor. Don’t steal Christmas and New Years. Your staff released the draft environmental impact report a week and a half before Thanksgiving.”

“Your staff had two years to work on it, but your commissioners just gave the public two months to read 4,400 pages. It’s unfair to steal the public’s Christmas and New Years’ to meet an arbitrary deadline.”

“Extend public comment on the Candlestick Point Hunters Point Shipyard draft environmental impact report (DEIR) to Feb. 12, 2010.”

This follows on the heels of a letter that a broad coalition of environmental and community groups, along with concerned Bayview Hunters Point residents, sent to Newsom before the Dec. 15 and 17 hearings, asking for the Feb. 12 extension, a copy of which follows:

The Candlestick farce

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No one was really surprised when commissioners for the Redevelopment Agency and Planning Department voted last week to only give the public a Scrooge-like 15 days to review a six-volume, 4,400-page draft environmental impact report for Lennar Corp.’s massive 700-acre Candlestick Point redevelopment project.

Everybody knew that Michael Cohen, Mayor Gavin Newsom’s top economic advisor, wanted to jam this proposal through the certification process by early June in a last-ditch effort to win back the 49ers, even though the team has said it wants to go to Oakland if the City of Santa Clara doesn’t vote to build a new stadium.

The decision gives the public until Jan. 12th to submit written comments on the DEIR. A broad coalition of community and environmental justice groups asked for a 45-day extension.

And the entire process — including condescending remarks by commissioners, a fight, the forcible removal of several members of the audience, and statements from developer allies that were, at best, highly misleading — can only be described as a farce.

The rush to approve the document is entirely political. Santa Clara voters go to the ballot June 8 to decide if they want to build the 49ers a fancy facility near Great America. But June 8 is the same day, according to a spreadsheet maintained by city Shipyard/Candlestick planners, that the San Francisco Board of Supervisors is scheduled to approve the EIR for Lennar’s proposal.

The city’s DEIR envisions building a new 49ers stadium on the shipyard — a position that would allow thousands of luxury condos to be built on the site where the team currently plays, including a significant slice of Candlestick Point State Recreation Area.

To meet the increasingly artificial-looking June 8 EIR deadline, Cohen signaled he’d only be able to squeeze out 15 extra days for draft EIR review.

LENNAR’S PAID SUPPORTERS

With Cohen nowhere in sight at the DEIR hearings last week, his deputy, Tiffany Bohee, was left to kick off Redevelopment’s Dec. 15 and Planning’s Dec. 17 DEIR hearings.

“Time does matter for this project,” Bohee told commissioners, claiming that the project has been vetted exhaustively, including at least 177 public meetings — when the truth was that the public had never had an opportunity to review the complete draft EIR, a binding legal document, before its recent release.

“The consequence of delays is that it precludes the city’s ability to get ahead of the Santa Clara election in June,” Bohee said.

Bohee’s introduction was followed by a string of “no delay” and other off-point comments from representatives of the San Francisco Labor Council, the San Francisco Organizing Project, SF ACORN, and other groups that signed a community benefits agreement with Lennar in May 2008 that promised them millions of dollars in work and housing benefits — provided they show up at public meetings and support the development.

SF Labor Council vice president Connie Ford told commissioners that her organization “looks forward to the day when much-needed resources and support comes our way.”

A dozen residents of the Alice Griffith public housing project talked about their deplorable living conditions.

Asked by Redevelopment commissioner London Breed what the impact of a DEIR review extension would have on the planned rebuild of the Alice Griffith project, Bohee said, “It will jeopardize our ability to get any city decision on the project by June. As a result, delays to Alice Griffith could be indefinite.”

But that’s a stretch — at best. According to Lennar and the city’s own schedule, new Alice Griffith replacement units won’t be available before 2015 at the earliest. An additional 30 days of environmental review at this point will make no difference.

THE BOZO COMMISSIONERS

Compounding the city’s half-truths was the patronizing attitude of those commissioners who thought that their opinion of the DEIR should satisfy members of the public who hadn’t had enough time to review it.

“I think it’s an extremely well done document,” Planning commissioner Michael Antonini told a crowd that had sat through five hours of testimony and been warned by Planning Commission chair Ron Miguel that they’d been thrown out if they spoke during others’ testimony.

Bizarrely, planning commissioner Bill Lee tried to use the fact that the public wasn’t making many substantive comments on the DEIR as an argument against giving anyone more time to read it. Commissioner Gwyneth Borden made the equally odd argument that since people are almost certain to sue the city over the DEIR, there’s no reason to give an extension now.

And Miguel asked the public to put their faith in some vague meeting in the future rather than agreeing to what were asking for at the meeting. “I do believe that when all the comments are considered and answered and the final EIR comes before us and the Redevelopment Agency, that everything will come together,” Miguel said.

By that time, Arc Ecology’s director Saul Bloom, Jaron Browne of People Organized to Win Employment Rights, and POWER’s attorney Sue Hestor told the commissioners that they believe the project’s impacts on transportation, state park habitat, and the foraging requirements of the peregrine falcon had not been adequately analyzed. Eric Brooks of the Green Party expressed concern that sea level rise will be more pronounced than the DEIR projections.

Bloom also explained that a lack of adequate review time hindered his staff’s ability to prepare comments in time for a hearing that came only a month after the DEIR’s release.

Planning Commission vice president Christina Olague and commissioners Kathrin Moore and Hisashi Sugaya tried to extend the review period to February. As Olague pointed out, the commission recently granted a public DEIR review extension to a 15,959-square-foot parcel in Russian Hill, which is tiny compared to Lennar’s 708-acre proposal in the Bayview, where residents have the city’s lowest educational levels

But the Planning Commission’s 4-3 vote against a February extension revealed how mayoral appointees ignore common sense once they have their political marching orders.

COHEN’S FANTASY

“This appears to be all about Cohen’s fantasy of out-maneuvering Santa Clara to get the 49ers to move into a new Hunters Point stadium,” Hestor told the Guardian.

Hestor also pointed to a Dec. 18 San Francisco Business Times guest editorial titled “Business Leaders Can Save the Niners” that Planning Commissioner Michael Antonini had clearly written before Planning’s marathon Dec. 17 hearing.

“The editorial illuminates why, at the Planning Commission on Dec. 17, Antonini argued against any extension for public comment on the DEIR beyond Dec. 28,” Hestor said, noting that Dec. 28 was the absolute minimum DEIR review period required under the California Environmental Quality Act — a review period that straddled Thanksgiving, Hanukkah, Kwanza and Christmas (see Holiday Snowjob, 12/09/09).

Earlier this month, a coalition of environmental and community development groups, including Arc Ecology, the Sierra Club, the Potrero Hill Democratic Club, San Francisco Tomorrow, Literacy for Environmental Justice, Young Community Developers, the Neighborhood Parks Council, the South East Jobs Coalition, Walden House, Urban Strategies Council, India Basin Neighborhood Association, California Native Plants Society, Golden Gate Audubon Society, and the Bayview Resource Center, wrote to Mayor Gavin Newsom, requesting a 45-day DEIR review extension.

The request seemed further vindicated when it became apparent that most of the people who showed up at the DEIR hearings, including those opposed to extending the review period, admitted that they had not actually read the documents in question. And the commissioners’ failure to honor the extension request represents a new low in a process that threatens to become a classic lesson in the dangers of public-private partnerships.

Opponents of giving the public a decent chance to read the DEIR argue that there have already been hundreds of meetings on the proposed project. But as Bloom pointed out, the character and focus of EIR is different from any other document that has been produced for discussion. “If an issue is not raised during the EIR process, it cannot be raised subsequently,” Bloom said. “Releasing an EIR during the holiday season and providing the minimum amount of time allowable under the law for public review undermines the public’s ability to evaluate an EIR and disenfranchises people at one of the most critical points of the project approval process.”

Bloom also noted that a standard strategy for drastically limiting public input while appearing to be transparent is to spend time evaluating nonbinding documents while providing the minimum time required to evaluate the legally binding stuff.

“The Phase 2 Urban Design Plan released in October 2008 was in public discussion until it was approved in February 2009 — five months,” Bloom observed, noting that nothing in that document was legally binding. Neither was Lennar required to disclose negative effects of its plan. But an EIR is a legally binding document. “It’s a fiction that a 45-day DEIR public review extension would have cause a domino effect of indefinitely delaying the approval of the project,” Bloom added.

FAIR: The 2009 P.U.-Litzer Awards

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FAIR, the national media watch group, has been offering well-documented criticism of media bias and censorship since 1986.

The 2009 P.U.-Litzer Awards

For 17 years our colleagues Jeff Cohen and Norman Solomon have worked with FAIR to present the P.U.-Litzers, a year-end review of some of the stinkiest examples of corporate media malfeasance, spin and just plain outrageousness.

Starting this year, FAIR has the somewhat dubious honor of reviewing the nominees and selecting the winners. It’s a dirty job, but someone has to do it. So, without further ado, we present the 2009 P.U.-Litzers.

–The Remembering Reagan Award
WINNER: Joe Klein, Time

Time columnist Joe Klein (12/3/09), not altogether impressed by Obama’s announcement of a troop escalation in Afghanistan, wrote that a president “must lead the charge–passionately and, yes, with a touch of anger.”

He described the better way to do this:

Ronald Reagan would have done it differently. He would have told a story. It might not have been a true story, but it would have had resonance. He might have found, or created, a grieving spouse–a young investment banker whose wife had died in the World Trade Center–who enlisted immediately after the attacks…and then gave his life, heroically, defending a school for girls in Kandahar. Reagan would have inspired tears, outrage, passion, a rush to recruiting centers across the nation.

Ah, Reagan–now there was a president who could inspire people to fight and die based on lies.

–The Cheney 2012 Award
WINNER: Jon Meacham, Newsweek

Newsweek editor Jon Meacham declared (12/7/09) that Dick Cheney running for president in 2012 would be “good for the Republicans and good for the country.” He explained that “Cheney is a man of conviction, has a record on which he can be judged, and whatever the result, there could be no ambiguity about the will of the people…. A campaign would also give us an occasion that history denied us in 2008: an opportunity to adjudicate the George W. Bush years in a direct way.”

While the 2008 election might have seemed a sufficient judgment of the Bush years, it’s worth pointing out that at beginning of the year (1/19/09), Meacham was adamantly opposed to re-hashing Cheney’s record, calling it “the rough equivalent of pornography–briefly engaging, perhaps, but utterly predictable and finally repetitive.” The difference? That was in response to the idea that Cheney should be held accountable for lawbreaking. Apparently a few months later, the same record is grounds for a White House run.

–The Them Not Us Award
WINNER: Martin Fackler, New York Times

The New York Times (11/21/09) describes the severe problems with Japan’s elite media–a horror show where “reporters from major news media outlets are stationed inside government offices and enjoy close, constant access to officials. The system has long been criticized as antidemocratic by both foreign and Japanese analysts, who charge that it has produced a relatively spineless press that feels more accountable to its official sources than to the public. In their apparent reluctance to criticize the government, the critics say, the news media fail to serve as an effective check on authority.”

The mind reels.

–The Thin-Skinned Pundits Award
WINNER: Dana Milbank, Washington Post

Washington Post reporters Dana Milbank and Chris Cilizza got into trouble when, in an episode of their “Mouthpiece Theater” web video series, they suggested brands of beer that would be appropriate for various politicians. What would Hillary Clinton drink? Apparently something called “Mad Bitch.” The video, unsurprisingly, was roundly criticized, and was pulled from the Post site. So what lesson was learned? Milbank complained (8/6/09) that “it’s a brutal world out there in the blogosphere…. I’m often surprised by the ferocity out there, but I probably shouldn’t be.”

Yes, the problem with calling someone a “bitch” is the “ferocity” of your critics.

–The Sheer O’Reillyness Award
WINNER: Bill O’Reilly, Fox News Channel–TWICE!

1) Asked by a Canadian viewer, “Has anyone noticed that life expectancy in Canada under our health system is higher than the USA?,” Fox’s O’Reilly (7/27/09) responded: “Well, that’s to be expected, Peter, because we have 10 times as many people as you do. That translates to 10 times as many accidents, crimes, down the line.”

2) Drumming up fear of Democrats’ tax plans: “Nancy Pelosi and her far-left crew want to raise the top federal tax rate to 45 percent. That’s not capitalism. That’s Fidel Castro stuff, confiscating wages that people honestly earn.”

Perhaps Castro was president of the United States in 1982-86, when the top rate was 50 percent. Or maybe all of the 1970s, when it was 70 percent. Or from 1950-63, when it was 91 percent.

–The Less Talk, More Bombs Award
WINNER: David Broder, Washington Post

Post columnist Broder expressed the conventional wisdom on Barack Obama’s deliberations on the Afghanistan War, writing under the headline “Enough Afghan Debate” (11/15/09):

It is evident from the length of this deliberative process and from the flood of leaks that have emerged from Kabul and Washington that the perfect course of action does not exist. Given that reality, the urgent necessity is to make a decision–whether or not it is right.

–The Racism Is Dead Award
WINNER: Richard Cohen, Washington Post

Post columnist Richard Cohen wrote (5/5/09): “The justification for affirmative action gets weaker and weaker. Maybe once it was possible to argue that some innocent people had to suffer in the name of progress, but a glance at the White House strongly suggests that things have changed. For most Americans, race has become supremely irrelevant. Everyone knows this. Every poll shows this.”

For the record, “every poll” does not actually show this; the vast majority of Americans continues to recognize that racism is still a problem. Cohen went on to write months later–still presumably living in his racism-free world–that he did not believe Iran’s claims about its nuclear program, because “these Persians lie like a rug.”

–The When in Doubt, Talk to the Boss Award
WINNER: Matt Lauer, NBC News

Today show host Lauer announced a special guest on April 15: “If you really want to know how the economy is affecting the average American, he’s the guy to talk to.” Who was Lauer talking about? Wal-Mart CEO Mike Duke. The ensuing interview touched on the Employee Free Choice Act, which Lauer noted was supported by many unions but opposed by some large corporations–leading him to ask Duke, “What’s the truth?” Yes, look for “the truth” about a proposed pro-labor bill from the new CEO of an adamantly anti-labor corporation.

–The Socialist Menace Award
WINNER: Michael Freedman, Newsweek

Newsweek’s “We Are All Socialists Now” cover (2/16/09) certainly turned heads, but one of the stories inside explained in more detail the real threat. As senior editor Michael Freedman asked: “Have you noticed that Barack Obama sounds more like the president of France every day?”

The real problem, though, is what that’s going to do to us Americans, says Freedman: “If job numbers continue to look dismal, or get even worse, an ever-greater number of people will start looking to the government for support…. It’s very easy to imagine a chorus of former American individualists demanding cushy French-style pensions and free British-style healthcare if their private stock funds fail to recover and unemployment inches upward toward 10 percent and remains there.”

Pensions and healthcare for all–this is worse than we thought!

–The Iraq All Over Again Award
WINNER: Too Many to Name

After the invasion of Iraq, countless journalists who had treated allegations about Iraq’s weapons of mass destruction as facts were embarrassed when there were no such weapons to be found. So you’d think they’d be more careful about thinly sourced claims that Iran is seeking nuclear weapons. But in 2009, many journalists are still willing to treat such allegations as facts.

-NBC’s Chris Matthews (10/4/09): “As if Afghanistan were not enough, now there’s Iran’s move to get nuclear weapons.”

-NBC’s David Gregory (10/4/09). “Iran–will talks push that country to give up its nuclear weapons program?”

-Fox News Channel’s Bill O’Reilly (9/25/09): “All hell breaking loose as a new nuclear weapons facility is discovered in Iran, proving the mullahs have been lying for years…. Iran’s nuclear weapons program has now reached critical mass. And worldwide conflict is very possible. Friday, President Obama, British Prime Minister Brown and French President Sarkozy revealed a secret nuclear weapons facility located inside Iran.”

Some even went further, turning allegations of a nuclear weapons program into the discovery of actual nuclear weapons:

-ABC’s Good Morning America host Bill Weir (9/26/09): “President Obama and a united front of world leaders charge Iran with secretly building nuclear weapons.”

–The Talking Like a Terrorist Award
WINNER: Thomas Friedman, New York Times

In a January 14 column, New York Times superstar pundit Tom Friedman explained Israel’s war on Lebanon as an attempt to “educate” the enemy by killing civilians: The Israeli strategy was to “inflict substantial property damage and collateral casualties on Lebanon at large. It was not pretty, but it was logical.” Friedman added, “The only long-term source of deterrence was to exact enough pain on the civilians–the families and employers of the militants–to restrain Hezbollah in the future.” That strategy of targeting civilians to advance a political agenda is usually known as terrorism; Osama bin Laden couldn’t have explained it much better.

–The It Only Bothers Us Now Award
WINNER: Wall Street Journal editorial page

When Barack Obama only called on journalists from a list during a press conference, the Wall Street Journal did not like the new protocol (2/12/09):”We doubt that President Bush, who was notorious for being parsimonious with follow-ups, would have gotten away with prescreening his interlocutors.”

Actually, Bush was famous for calling only on reporters on an approved list; as he joked at a press conference on the eve of the Iraq War (3/6/03), “This is scripted.”

–The No Comment Award
WINNERS: MSNBC’s Mika Brzezinski and Rush Limbaugh

When asked by Politico (10/16/09) to name her favorite guest, MSNBC host Mika Brzezinski named arch-conservative Pat Buchanan “because he says what we are all thinking.”

Rush Limbaugh on Obama (Fox News Channel, 1/21/09): “We are being told that we have to hope he succeeds, that we have to bend over, grab the ankles…because his father was black.”

Choosing fear over kids

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As a global treaty designed to protect children around the world celebrated its 20th anniversary last month, the United States found itself in the sole company of Somalia as one of just two countries that still has not implemented the most widely ratified human rights treaty in recorded history.

The United Nations Convention on the Rights of the Child (CRC), available for adoption since 1989, has now been ratified by 193 nations around the world and is seen as a universal guide to helping governments ensure that the basic needs of children are met. Although the Reagan administration played a major role in drafting the convention, experts say it has now been “intentionally misinterpreted” by conservative groups, which claim implementation would threaten American sovereignty and diminish family values.

The convention is set out in 54 Articles and two Optional Protocols and covers four main objectives: nondiscrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. During last year’s presidential campaign, Barack Obama promised to review the treaty, saying: “It is embarrassing to find ourselves in the company of Somalia, a lawless land. It is important that the U.S. return to its position as a respected global leader and promoter of human rights.”

Yet since Obama has been in office, there has been little movement toward ratifying the convention, which sets international standards in the provision of children’s health care, education, and legal, civil, and social services. For children’s rights advocates, this failure of the U.S. to legitimize the rights of the child has resulted in the country’s loss of credibility in the international community.

“It just undermines us internationally as a leader of children’s issues,” said Jo Becker, Advocacy Director for the Children’s Rights division at Human Rights Watch, one of more than 200 organizations partnered to the volunteer-run Campaign for U.S. Ratification of the CRC. “The U.S. is a country that claims to care a lot about children, both nationally and internationally, but it hasn’t ratified a treaty endorsed by virtually every government in the world. It doesn’t make any sense at all.”

But while Meg Gardiner, current chair of the Campaign for U.S. Ratification, acknowledged that the U.S. customarily takes a long time to consider and ratify a treaty of any sort, she noted that implementing the convention is also being delayed by frequently misdirected and misguided concerns from various individuals and organizations.

The CRC is a legally binding treaty, and once the U.S. ratifies the agreement — by getting two-thirds of the Senate to approve it — it is committed to undertake actions and policies to reach the standards it advises. The government must submit a detailed report to the U.N. Committee on the Rights of the Child, which is made up of 18 members from different countries and legal systems, within two years of ratification and every five years thereafter.

The committee reviews the progress of each country’s government, then sends recommendations back to the country in question. Although U.N. officials claim that this is a collaborative process, not one that is antagonistic in form, opposition groups view this as a risk to U.S. self-governance.

“A forum for dialogue is fine, but we absolutely do not support the notion of world government,” John Schlafly, a lawyer at Eagle Forum, a conservative interest group that is campaigning against U.S ratification of the CRC, told the Guardian. “We think America is a self-governing country and that we should make our own laws. Our courts and officials should not be subject to decisions and viewpoints of those in other countries, but remember that our Constitution is our supreme law.”

Quoting Article 6 of the U.S. Constitution — which says that all treaties made under the authority of the United States shall be “the supreme law of the land” — Schlafly said if the CRC is ratified then the U.S will sign away any authority it has over children’s rights, with federal laws being changed to meet the criteria in the CRC.

But Jonathan Todres, an associate professor of law at Georgia State University and coeditor of a book on the CRC and the possible implications of its ratification, told us that’s a “misunderstanding” of the process involved. He said the CRC would almost certainly be ratified as a “non-self-executing treaty.” That means that although the U.S will have to comply with international law, it would not take effect domestically until the U.S. adopts legislation to fulfill treaty obligations.

He added that the United States also has the right to add reservations to the treaty if there are any articles that might conflict with U.S. law. For example, Article 37 of the CRC indicates that no “life imprisonment without possibility of release shall be imposed for offenses committed by persons below 18 years of age,” something that certain states in the U.S still impose.

Despite supporters’ desire for a “magic bullet” that will improve the lives of children in the U.S., they said the treaty will operate as a template for the government to assess how well U.S. law protects children. While Article 24 decrees that “states parties shall strive to ensure that no child is deprived of his or her right of access to … health care services,” ratification will not mean an immediate implementation of universal health care for the 8 million to 9 million children who do not have access to it, campaigners say.

“It in itself can’t change law. It is a road map that informs a dialogue around the way we treat children,” said Vienna Colucci, managing director and senior advisor for policy for Amnesty International. “It is a set of principles for the well-being of children, to help inform national discussions about what they really need to thrive. But any implementation of laws go through the same process any bill would.”

The U.S already has ratified the two Optional Protocols of the Children’s Convention, including the protocol on the sexual exploitation of children and enlisting children as soldiers, strengthening the exploitation protocol by adopting the U.S. Trafficking Victims Protection Act. Todres said this should be used as an example of what ratifying the entire CRC could do.

Many who oppose the CRC fear it will diminish the rights of the parent, such as when it comes to disciplining children. Article 9, which says children can be separated from their parents against their will when “competent authorities subject to judicial review” determine it is in their best interest, is often cited as a loss of parental freedom.

In March of this year Rep. Pete Hoekstra (R-Mich.) put forward a brief Parental Rights Amendment to the CRC, asserting that “the liberty of parents to direct the upbringing and education of their children is a fundamental right,” and deauthorizing the ratification of a treaty that would infringe on such rights.

According to Michael Ramey, spokesman at Parentalrights.org — an organization that claims to “protect children by empowering parents” and an affiliate of the Home School Legal Defense Association — the amendment currently only has six cosponsors in the Senate, a far cry from the two-thirds majority it would need to pass.

“This really is not a question of whether the CRC is all that bad or kind of bad. It is whether it is an improvement for us on what we have now,” he told us. “We already have laws in place against child abuse and neglect in all 50 states and we don’t gain anything by ratifying. None of the good parts of the convention are missing from U.S law.”

However, Todres said the U.S still has child laborers, citing a current bill in Congress that is seeking to strengthen child labor provision related to the agriculture sector. He also reminded opponents that the U.S has a relatively large high school dropout rate, with some U.S children going hungry and hundreds of thousands at risk of sexual exploitation each year.

“Ultimately if one is concerned about the loss of parental authority, then one should look at the text of the CRC itself,” he said, highlighting 19 provisions in the text that stress the role of the parent in the child’s life. “Drafters understood, when ensuring the rights of children, they would be most successful when ensuring the rights of the family too.”

Although there are other articles in the convention that conflict with American law — it prohibits corporal punishment, for example — Linda Elrod, a law professor at Washburn University and supporter of the Campaign for Ratification, said she had not experienced countries receiving “report cards” from the U.N. Committee in the 20 years it had been operating.

“My reason for supporting it is that it is basically a bill of rights for children that says they are people,” she said, stressing how Article 12 in particular gives the child a voice and a way to express it. “We helped draft the U.N. convention and got the rest of the world to adopt that standard. Yes, it gives children rights, but I don’t think this takes away from anyone else’s rights. It just adds a balance.”

Shades of green

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news@sfbg.com

Can "green" consumerism help "green" the planet? In other words, can we spend our way to a better future? Or is the demand for more environmentally benign products and services just a way of making people feel better while delaying capitalism’s inevitable day of reckoning?

To explore these questions, consider the San Francisco Green Festival, the second-most attended green festival in the world and what organizers say is the country’s largest sustainability event. More than 40,000 people and 350 companies visited the eighth annual festival, held last month at the San Francisco Concourse Exhibition Center.

The emphasis of the event was on the power of purchasing. Just about everything was for sale, from fair-trade chocolate and hemp sweaters to paper journals made from Sri Lankan elephant dung. Certified "green" companies were happy to spend from $5,000 to $100,000 for their stalls and passersby shopped for guilt-free gifts. But critics of the trend question whether green consumption is ever better than no consumption at all.

"I believe we are getting to the point of urgency. We are beyond incremental reform and need significant structural change," said Brahm Ahmadi, cofounder and executive director of People’s Grocery. "What we really need to do is fundamentally shift the level of consumerism — not just shift into the consumption of more sustainable things — but realize that we need to consume less as a society."

The 2008 Living Planet Report, produced by the World Wildlife Fund, indicates that our global footprint now exceeds the world capacity to regenerate by about 30 percent. The report notes that if demands on the planet continue at the same rate, by the mid-2030s, we will need to the equivalent of two planets to maintain our lifestyles.

Ahmadi said trade-show events like the Green Festival can function as a good point of entry for people interested in reducing their own ecological footprint, but added that they don’t go nearly far enough in addressing the problem. They may even hinder people’s understanding of what needs to be done.

"The problem is that the words "green," "local," and "sustainable" can be used interchangeably now. They have become another sort of brand element in marketing," he said. "If this festival is the first step in a multistep strategy on how to change the planet, then that is great. But impressions aren’t set up in a way that puts the consumer on the path to a longer-term perspective."

For example, the Green Festival isn’t local. Although festival organizers say it promotes local companies that make green products, a spokeswoman admitted that about 40 percent of the exhibitors reside more than 150 miles from the site — the criteria one must meet to be deemed local by the festival.

Kevin Danaher, founder of Green Festivals and the cofounder of Global Exchange, told the Guardian that the festival costs almost $1 million to put on and makes $10,000–$30,000 in profit each year. He stressed that the aim of the event is to accelerate the transition to a green economy, an economy he says "will make better profits by saving nature rather than destroying it.

"We are trying to take enterprise away from big corporations and redefine it," Danaher continued. "For us, free enterprise should mean the freedom for everybody to be enterprising, the realization that alternative business models can make better profits than traditional ones."

Although Danaher claims the festival is an "enterprise-based event that encourages people to consume less," he believes it’s better to meet consumer demand with a green-mind business than leave it to be filled by a multinational corporation. "We know that people buy socks, toilet paper, and cat litter, and they can either buy the crappy corporate stuff or the good, green, socially-responsible stuff. That’s the choice," he said.

But Ahmadi sees a flaw in this premise. As long as progress is measured and defined by economic growth — the neverending requirement of the capitalist system — society will continue to fall short of sustainability targets, no matter what kind of products people buy, he said.

"At some point there is a threshold, even for green products, when the net benefits of producing the product will be surpassed," he said. "We need to go back to the framework that the economy is currently based on. At the moment, perpetual growth is the only way to assign value. But this linear way of thinking is dangerous to the sustainability of the planet. We must define value differently."

More than 125 speakers attended the event, including Democracy Now! founder Amy Goodman, nutrition expert Marion Nestle, and Mayor Gavin Newsom. Some even emphasized the tension inherent in staging the festival.

"It’s a good thing and a bad thing. People leave more conscious and aware, but they also leave a tremendous footprint getting here and leaving," said CEO of Gather restaurant Ari Derfel, who spoke on the main stage in front of a piece of art made from a year’s worth of his own trash. "People do engage in gross consumerist behavior. But they also get engaged with some companies that are doing incredible things."

Although he added that a green future must go beyond that represented at the Green Festival, he acknowledged that it represents the period of transition we now live in. "We can’t go from A to Z without touching on all the letters in between. And we are still in a consumer-based, material goods economy. We couldn’t make one wholesale swoop in one day."

Yet for Derrick Jensen, environmental activist and author of Endgame — a book that questions the inherently unsustainable nature of modern civilization — events like the Green Festival don’t really address the real problems at the center of the sustainability movement.

"I don’t see it as a transition," said Jensen, who made a speech at the event a few years ago. "It is not nearly sufficient. Now there is an attempt to add the word "green" before something and pretend that we’re actually going to make a significant difference. But this is problematic."

The problem, as he sees it, is that attendees simply learn to accept the existing economic system — and even believe it can become sustainable. They come to think that buying the right socks or toilet paper is helping to save the planet.

"Where is the overtly revolutionary material?" Jensen asked. "Where is the acknowledgement that capitalism needs to come down, or the discussion of the psychopathology of those in power? They talk only of alternative economies, but look what happened to every alternative economy — they get taken over and consumed by mainstream culture."

Jensen added that the notion of basing a revolution on changes to personal consumption is not only inherently flawed but dangerously misinformed. "This sort of festival is based on the mistaken notion that personal consumption represents a significant portion of the economy," he said. "In reality, 1,600 pounds of trash are produced per capita. If I reduce that to zero, it’s great. But per capita waste production by industries is on average 26 tons. That is 97 percent of all waste.

"This festival can make you feel good for one day, but then you just go back to normal life," he added. "And in some ways, it’s a real distraction. It makes people identify as consumers rather than citizens who have a whole range of resistance methods rather than just to buy or not buy."

Although Danaher stressed that each company at the festival went through Green America’s screening process — where they are subject to almost 250 questions analyzing their true social and environmental impact — Jensen said even "green" products often rely on the wasteful industrial system to be manufactured and transported.

"It is not difficult to see. You just can’t have infinite growth on a finite planet. The hyper-exploitation of even renewable resources won’t last, by definition. For any economic system to be sustainable, it has to benefit the land base it is based on."

Many of the companies at the event had obtained Green America’s sought-after Seal of Approval, which takes into account issues including the company’s manufacturing and marketing of products, as well as treatment of employees and effects on surrounding communities. At the same time, certain corporations that didn’t meet those criteria, like eBay, were invited anyway and labeled "corporate innovators."

Hamler said these are corporations that are moving toward social and environment responsibility, and they are still subject to a very strict review. Noting that only 60 out of every 300 corporations make the cut, she emphasized the changing nature of markets and the place for corporations within them.

Yet for Ahmadi, the very idea that large corporations can be a part of this change is misleading. "Even if a majority of their product line is green, the global ecological footprint of a corporation will almost always be beyond measure," he said. "The notion of consolidated corporations is counter to the diversity we need to create an equitable and sustainable economy."

While the Green Festival offsets the carbon emissions of its organizers and hosts carbon-offsetting companies, it doesn’t pretend to be a carbon-neutral event that covers anywhere near all its vendors and attendees. Indeed, environmental activist Josh Hart said that the system of carbon offsets — whereby people, companies, and states can claim to reduce their carbon emissions by investing in carbon-friendly projects elsewhere — represents yet another move in the wrong direction.

Hart went to festival as a representative of Cheatneutral, a satirical company that claims to offset romantic infidelity by paying someone else to be faithful. He said he wanted to expose the "pink elephant in the room" that no one else seemed to discuss at the festival.

"Offsetting is just another way of using the psychological technique of denial. It says you can carry on as normal but pay someone else to be green. This is the wrong approach and it is a fiction, not a reality," he told us. "The festival is putting itself forward as green, but people are doing this really unsustainable thing: flying out to the conference from all around the country for a few days and then leaving. This acts as a greater disservice to what we really need to be doing."

Although Lee did not yet know the carbon emissions total from this year’s festival, she said the five green festivals from last year produced about 900 tons of carbon –- the equivalent of roughly 355 roundtrip cross-continental flights — not including electricity, product consumption, or local travel.

But for Hart, this number represents a "massive underestimate" of the true carbon footprint, considering the number of people who attended the San Francisco event alone. He said the festival should take into account all the people who flew to the event, including company representatives and ticket-buyers, not just festival staff.

"The CO2 from a roundtrip flight from New York to San Francisco is around 2,280 kg, the equivalent of running a refrigerator for more than 22 years. It’s more than running a car all year," he said. "It’s staggering, really, how much carbon flying emits, and how incompatible aviation is with anything purporting to be green."

He added: "I think this issue goes straight to the battle over the heart of the green movement. Are we going to tell people that going green is easy and gloss over the difficult realities? Or are we going to be honest about the science that tells us that dramatic changes in lifestyles are required, in particular how we get around and what we consume?"

Yet for activists like Jenson, the extent to which the festival is carbon neutral is insignificant compared to the role the festival could play as a catalyst for future action.

"It is not the role of the activist to navigate systems of oppressive power, but instead to confront and take down those systems," Jensen said. "The point is, as far as an event like the Green Festival explicitly puts itself up as part of a larger culture of resistance, then I don’t have a problem with it. But if it suggests that in any way it is remotely sufficient to what we’re facing, then we have a problem."

Film listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, Matt Sussman, and Laura Swanbeck. The film intern is Fernando F. Croce. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide.

OPENING

Avatar Special effects master and woeful screenplay-penner James Cameron returns, for better and worse. (2:42)

Broken Embraces Pedro Almodóvar has always dabbled in the Hitchcockian tropes of uxoricide, betrayal, and double-identity, but with Broken Embraces he has attained a polyglot, if slightly mimicking, fluency with the language of Hollywood noir. A story within a story and a movie within a movie, Embraces begins in the present day with middle-aged Catalan Harry Caine (Lluís Homar), a blind screenwriter who takes time between his successful writing career to seduce and bed young women sympathetic to his disability. "Everything’s already happened to me," he explains to his manager, Judit (Blanca Portillo). "All that’s left is to enjoy life." But this life of empty pleasures is brought to a sudden halt when local business magnate Ernesto Martel (José Luis Gómez) has died; soon after, Ernesto Jr. (Rubén Ochandiano), who has renamed himself Ray X, visits Caine with an unusual request. The action retreats 14 years when Caine was a young (and visually abled) director named Mateo Blanco; he encounters a breathtaking femme fatale, Lena (Penelope Cruz) — an actress-turned-prostitute named Severine, turned secretary-turned-trophy wife of Ernesto Martel — when she appears to audition for his latest movie. If all of the narrative intricacies and multiplicitous identities in Broken Embraces appear a bit intimidating at first glance, it is because this is the cinema of Almodóvar taken to a kind of generic extreme. As with all of the director’s post-’00 films, which are often referred to as Almodóvar’s "mature" pictures, there is a microscopic attention to narrative development combined with a frenzied sub-plotting of nearly soap-operatic proportions. But, in Embraces, formalism attains such prominence that one might speculate the director is simply going through the motions. The effect is a purposely loquacious and overly-dramatized performance that pleasures itself as much by setting up the plot as unraveling it. For the complete version of this review, visit www.sfbg.com. (2:08) Clay. (Erik Morse)

Did You Hear About the Morgans? A married couple (Hugh Grant and Sarah Jessica Parker) move from Manhattan to a small town after witnessing a murder. (1:48)

In Search of Beethoven After the success of his In Search of Mozart, director Phil Grabsky applies his truth-seeking documentary template to Ludwig van Beethoven, a composer so genius he continued creating (and to a lesser extent, performing) even as he succumbed to deafness. Still photos, paintings, interviews with historians and musicologists, and visits to actual Beethoven haunts, along with dramatic readings of the maestro’s letters (by actor David Dawson) and stern narration (by actor Juliet Stevenson, who also loaned her pipes to Mozart), flesh out this biographical portrait. But its most stirring moments come courtesy of its musical performances (by seasoned professionals) of Moonlight Sonata and other notable works. As the doc proves, there’s no better insight into Beethoven’s tumultuous, sometimes tortured life than the notes he left behind. (2:18) Roxie. (Eddy)

*35 Shots of Rum Claire Denis’s portrait in domesticity is so patiently timed and achingly photographed (by her longtime cinematographer Agnès Godard) that your own life routines are liable to seem freshly poetic in its afterglow. We begin with familiar images of transitory longing: trains switching tracks, keeping time. A man smokes a cigarette at dusk, its embers warming his dark skin. He is Lionel (Alex Descas), a Metro operator who lives simply in a boxy apartment building in the outer rings of Paris. He returns home from work with a rice cooker for his twentysomething daughter, Josephine (Mati Diop), though Denis allows their relationship to remain unclear for a while (she is remarkably free when it comes to exposition). Coincidentally, serious Jo has bought herself a cooker on the same day. There’s a whole untold story about the rice cooker, but Denis is content watching them appreciatively spoon out the first batch in their pajamas. The attention to generations, meals, the trains and the small comic gestures (a well-timed fart, an awry romantic moment in the Seine) all suggest Ozu, but the elliptical rhythms and sensual apprehension of bodies is pure Denis. She once did a documentary about a choreographer (2005’s Towards Mathilde), and she approaches everyday life as a kind of dance. Lionel and Jo’s relationship is unlike almost any other father-daughter dynamic in recent movie memory — nonverbal, but clearly loving. If the other characters are kept at arm’s length, that’s because Lionel and Jo keep their safe haven so closely guarded. Things begin to unspool, as they must, in a memorable restaurant dance sequence that makes exquisite use of the Commodores’ 1985 platter, "Nightshift." (1:39) (Goldberg)

The Young Victoria Those who envision the Victorian Age as one of restraint and repression will likely be surprised by The Young Victoria, which places a vibrant Emily Blunt in the title role. Her Queen Victoria is headstrong and romantic — driven not only by her desire to stand tall against the men who would control her, but also by her love for the dashing Prince Albert (Rupert Friend). To be honest, the story itself is nothing spectacular, even for those who have imagined a different portrait of the queen. But The Young Victoria is still a spectacle to behold: the opulent palaces, the stunning gowns, and the flawless Blunt going regal. Her performance is rich and nuanced — and her chemistry with Prince Albert makes the film. No, it doesn’t leave quite the impression that 1998’s Elizabeth did, but it’s a memorable costume drama and romance, worthy of at least a moderate reign in theaters. (1:40) Embarcadero. (Peitzman)

ONGOING

Armored (1:28) 1000 Van Ness.

The Blind Side When the New York Times Magazine published Michael Lewis’ article "The Ballad of Big Mike" — which he expanded into the 2006 book The Blind Side: Evolution of a Game —nobody could have predicated the cultural windfall it would spawn. Lewis told the incredible story of Michael Oher — a 6’4, 350-pound 16-year-old, who grew up functionally parentless, splitting time between friends’ couches and the streets of one of Memphis’ poorest neighborhoods. As a sophomore with a 0.4 GPA, Oher serendipitously hitched a ride with a friend’s father to a ritzy private school across town and embarked on an unbelievable journey that led him into a upper-class, white family; the Dean’s List at Ole Miss; and, finally, the NFL. The film itself effectively focuses on Oher’s indomitable spirit and big heart, and the fearless devotion of Leigh Anne Tuohy, the matriarch of the family who adopted him (masterfully played by Sandra Bullock). While the movie will delight and touch moviegoers, its greatest success is that it will likely spur its viewers on to read Lewis’ brilliant book. (2:06) 1000 Van Ness. (Daniel Alvarez)

Brothers There’s nothing particularly original about Brothers — first, because it’s based on a Danish film of the same name, and second, because sibling rivalry is one of the oldest stories in the book. The story is fairly straightforward: good brother (Tobey Maguire) goes AWOL in Afghanistan, bad brother (Jake Gyllenhaal) comforts his sister-in law (Natalie Portman), attraction develops, but then — and here’s where things get awkward — good brother comes home. Throughout much of Brothers, the script is surprisingly restrained, holding the film back from Movie of the Week territory. Those moments of subtlety are the movie’s strongest, but by the end they’ve given way to giant, maudlin explosions of angst, which aren’t nearly as impressive. Still, the acting is consistently strong. Maguire is especially good as Captain Sam Cahill in a performance that runs the gamut from doting father to terrifyingly unbalanced. It’s unfortunate that the quiet scenes, in which all the actors excel, are overshadowed by the big, plate-smashing ones. (1:50) 1000 Van Ness, Sundance Kabuki. (Peitzman)

Christmas with Walt Disney Specially made for the Presidio’s recently opened Walt Disney Family Museum, this nearly hour-long compilation of vintage Yuletide-themed moments from throughout the studio’s history (up to Walt’s 1966 death) is more interesting than you might expect. The engine is eldest daughter Diane Disney Miller’s narrating reminiscences, often accompanied by excerpts from an apparently voluminous library of high-quality home movies. Otherwise, the clips are drawn from a mix of short and full-length animations, live-action features (like 1960’s Swiss Family Robinson), TV shows Wonderful World of Disney and Mickey Mouse Club, plus public events like Disneyland’s annual Christmas Parade and Disney’s orchestration of the 1960 Winter Olympics’ pageantry. If anything, this documentary is a little too rushed –- it certainly could have idled a little longer with some of the less familiar cartoon material. But especially for those who who grew up with Disney product only in its post-founder era, it will be striking to realize what a large figure Walt himself once cut in American culture, not just as a brand but as an on-screen personality. The film screens Nov 27-Jan 2; for additional information, visit http://disney.go.com/disneyatoz/familymuseum/index.html. (:59) Walt Disney Family Museum. (Harvey)

Disney’s A Christmas Carol (1:36) 1000 Van Ness.

*An Education The pursuit of knowledge — both carnal and cultural — are at the tender core of this end-of-innocence valentine by Danish filmmaker Lone Scherfig (who first made her well-tempered voice heard with her 2000 Dogme entry, Italian for Beginners), based on journalist Lynn Barber’s memoir. Screenwriter Nick Hornby breaks further with his Peter Pan protagonists with this adaptation: no man-boy mopers or misfits here. Rather, 16-year-old schoolgirl Jenny (Carey Mulligan) is a good girl and ace student. It’s 1961, and England is only starting to stir from its somber, all-too-sober post-war slumber. The carefully cloistered Jenny is on track for Oxford, though swinging London and its high-style freedoms beckon just around the corner. Ushering in those freedoms — a new, more class-free world disorder — is the charming David (Peter Sarsgaard), stopping to give Jenny and her cello a ride in the rain and soon proffering concerts and late-night suppers in the city. He’s a sweet-faced, feline outsider: cultured, Jewish, and given to playing fast and loose in the margins of society. David can see Jenny for the gem she is and appreciate her innocence with the knowing pleasure of a decadent playing all the angles. The stakes are believably high, thanks to An Education‘s careful attention to time and place and its gently glamored performances. Scherfig revels in the smart, easy-on-eye curb appeal of David and his friends while giving a nod to the college-educated empowerment Jenny risks by skipping class to jet to Paris. And Mulligan lends it all credence by letting all those seduced, abandoned, conflicted, rebellious feelings flicker unbridled across her face. (1:35) (Chun)

Everybody’s Fine Robert De Niro works somewhere between serious De Niro and funny De Niro in this portrait of a family in muffled crisis, a remake of the 1991 Italian film Stanno Tutti Bene. The American version tracks the comings and goings of Frank (De Niro), a recently widowed retiree who fills his solitary hours working in the garden and talking to strangers about his children, who’ve flung themselves across the country in pursuit of various dreams and now send home overpolished reports of their achievements. Disappointed by his offspring’s collective failure to show up for a family get-together, he embarks on a cross-country odyssey to connect with each in turn. Writer-director Kirk Jones (1998’s Waking Ned Devine) effectively underscores Frank’s loneliness with shots of him steering his cart through empty grocery stores, interacting only with the occasional stock clerk, and De Niro projects a sense of drifting disconnection with poignant restraint. But Jones also litters the film with a string of uninspired, autopilot comic moments, and manifold shots of telephone wires as Frank’s children (Kate Beckinsale, Drew Barrymore, and Sam Rockwell) whisper across the miles behind their father’s back — his former vocation, manufacturing the telephone wires’ plastic coating, funded his kids’ more-ambitious aims — feel like glancing blows to the head. A vaguely miraculous third-act exposition of everything they’ve been withholding to protect both him and themselves is handled with equal subtlety and the help of gratingly precocious child actors. (1:35) 1000 Van Ness. (Rapoport)

*Fantastic Mr. Fox A lot of people have been busting filmmaker Wes Anderson’s proverbial chops lately, lambasting him for recent cinematic self-indulgences hewing dangerously close to self-parody (and in the case of 2007’s Darjeeling Limited, I’m one of them). Maybe he’s been listening. Either way, his new animated film, Fantastic Mr. Fox, should keep the naysayer wolves at bay for a while — it’s nothing short of a rollicking, deadpan-hilarious case study in artistic renewal. A kind of man-imal inversion of Anderson’s other heist movie, his debut feature Bottle Rocket (1996), his latest revels in ramshackle spontaneity and childlike charm without sacrificing his adult preoccupations. Based on Roald Dahl’s beloved 1970 book, Mr. Fox captures the essence of the source material but is still full of Anderson trademarks: meticulously staged mise en scène, bisected dollhouse-like sets, eccentric dysfunctional families coming to grips with their talent and success (or lack thereof).(1:27) Empire, 1000 Van Ness, SF Center, Sundance Kabuki. (Devereaux)

Invictus Elected President of South Africa in 1995 — just five years after his release from nearly three decades’ imprisonment — Nelson Mandela (Morgan Freeman) perceives a chance to forward his message of reconciliation and forgiveness by throwing support behind the low-ranked national rugby team. Trouble is, the Springboks are currently low-ranked, with the World Cup a very faint hope just one year away. Not to mention the fact that despite having one black member, they represent the all-too-recent Apartheid past for the country’s non-white majority. Based on John Carlin’s nonfiction tome, this latest Oscar bait by the indefatigable Clint Eastwood sports his usual plusses and minuses: An impressive scale, solid performances (Matt Damon co-stars as the team’s Afrikaaner captain), deft handling of subplots, and solid craftsmanship on the one hand. A certain dull literal-minded earnestness, lack of style and excitement on the other. Anthony Peckham’s screenplay hits the requisite inspirational notes (sometimes pretty bluntly), but even in the attenuated finals match, Eastwood’s direction is steady as she goes — no peaks, no valleys, no faults but not much inspiration, either. It doesn’t help that Kyle Eastwood and Michael Stevens contribute a score that’s as rousing as a warm milk bath. This is an entertaining history lesson, but it should have been an exhilarating one. (2:14) 1000 Van Ness, SF Center, Sundance Kabuki. (Harvey)

Me and Orson Welles It’s 1937, and New York City, like the rest of the nation, presumably remains in the grip of the Great Depression. That trifling historical detail, however, is upstaged in Richard Linklater’s Me and Orson Welles (adapted from the novel by Robert Kaplow) by the doings at the newly founded Mercury Theatre. There, in the equally tight grip of actor, director, and company cofounder Orson Welles — who makes more pointed use of the historical present, of Italian fascism — a groundbreaking production of Shakespeare’s Julius Caesar hovers on the brink of premiere and possible disaster. Luckily for swaggering young aspirant Richard (High School Musical series star Zac Efron), Welles (Christian McKay), already infamously tyrannical at 22, is not a man to shrink from firing an actor a week before opening night and replacing him with a 17-year-old kid from New Jersey. Finding himself working in perilous proximity to the master, his unharnessed ego, and his winsome, dishearteningly pragmatic assistant, Sonja (Claire Danes), our callow hero is destined, predictably, to be handed some valuable life experience. McKay makes a credible, enjoyable Welles, presented as the kind of engaging sociopath who handles people like props and hails ambulances like taxicabs. Efron projects a shallow interior life, an instinct for survival, and the charm of someone who has had charming lines written for him. Still, he and Welles and the rest are all in service to the play, and so is the film, which offers an absorbing account of the company’s final days of rehearsal. (1:54) Shattuck. (Rapoport)

Ninja Assassin Let’s face it: it’d be nigh impossible to live up to a title as awesome as Ninja Assassin –- and this second flick from V for Vendetta (2005) director James McTeigue doesn’t quite do it. Anyone who’s seen a martial arts movie will find the tale of hero Raizo overly familiar: a student (played by the single-named Rain) breaks violently with his teacher; revenge on both sides ensues. That the art form in question is contemporary ninja-ing adds a certain amount of interest, though after a killer ninja vs. yakuza opening scene (by far the film’s best), and a flashback or two of ninja vs. political targets, the rest of the flick is concerned mostly with either ninja vs. ninja or ninja vs. military guys. (As ninjas come "from the shadows," most of these battles are presented in action-masking darkness.) There’s also an American forensic researcher (Noemie Harris) who starts poking around the ninja underground, a subplot that further saps the fun out of a movie that already takes itself way too seriously. (1:33) 1000 Van Ness. (Eddy)

Pirate Radio I wanted to like Pirate Radio, a.k.a., The Boat That Rocked –- really, I did. The raging, stormy sounds of the British Invasion –- sex, drugs, rock ‘n’ roll, and all that rot. Pirate radio outlaw sexiness, writ large, influential, and mind-blowingly popular. This shaggy-dog of a comedy about the boat-bound, rollicking Radio Rock is based loosely on the history of Radio Caroline, which blasted transgressive rock ‘n’ roll (back when it was still subversive) and got around stuffy BBC dominance by broadcasting from a ship off British waters. Alas, despite the music and the attempts by filmmaker Richard Curtis to inject life, laughs, and girls into the mix (by way of increasingly absurd scenes of imagined listeners creaming themselves over Radio Rock’s programming), Pirate Radio will be a major disappointment for smart music fans in search of period accuracy (are we in the mid- or late ’60s or early or mid-’70s –- tough to tell judging from the time-traveling getups on the DJs, played by Philip Seymour Hoffman and Rhys Darby, among others?) and lame writing that fails to rise above the paint-by-the-numbers narrative buttressing, irksome literalness (yes, a betrayal by a lass named Marianne is followed by "So Long, Marianne"), and easy sexist jabs at all those slutty birds. Still, there’s a reason why so many artists –- from Leonard Cohen to the Stones –- have lent their songs to this shaky project, and though it never quite gets its sea legs, Pirate Radio has its heart in the right place –- it just lost its brains somewhere along the way down to its crotch. (2:00) 1000 Van Ness. (Chun)

Planet 51 (1:31) 1000 Van Ness.

*Precious: Based on the Novel Push By Sapphire This gut-wrenching, little-engine-that-could of a film shows the struggles of Precious, an overweight, illiterate 16-year-old girl from Harlem. Newcomer Gabourey Sidibe is so believably vigilant (she was only 15 at the time of filming) that her performance alone could bring together the art-house viewers as well as take the Oscars by storm. But people need to actually go and experience this film. While Precious did win Sundance’s Grand Jury and Audience Award awards this year, there is a sad possibility that filmgoers will follow the current trend of "discussing" films that they’ve actually never seen. The daring casting choices of comedian Mo’Nique (as Precious’ all-too-realistically abusive mother) and Mariah Carey (brilliantly understated as an undaunted and dedicated social counselor) are attempts to attract a wider audience, but cynics can hurdle just about anything these days. What’s most significant about this Dancer in the Dark-esque chronicle is how Damien Paul’s screenplay and director Lee Daniels have taken their time to confront the most difficult moments in Precious’ story –- and if that sounds heavy-handed, so be it. Stop blahging for a moment and let this movie move you. (1:49) SF Center, Sundance Kabuki. (Jesse Hawthorne Ficks)

*The Princess and the Frog Expectations run high for The Princess and the Frog: it’s the first Disney film to feature an African American princess, the first 2D Disney cartoon since the regrettable Home on the Range (2004), and the latest entry from the writing-directing team responsible for The Little Mermaid (1989) and Aladdin (1992). Here’s the real surprise — The Princess and the Frog not only meets those expectations, it exceeds them. After years of disappointment, many of us have given up hope on another classic entry into the Disney 2D animation canon. And yet, The Princess and the Frog is up there with the greats, full of catchy songs, gorgeous animation, and memorable characters. Set in New Orleans, the story is a take off on the Frog Prince fairy tale. Here, the voodoo-cursed Prince Naveen kisses waitress Tiana instead — transferring his froggy plight to her as well. A fun twist, and a positive message: wishing is great, but it takes hard work to make your dreams come true. For those of us raised on classic Disney, The Princess and the Frog is almost too good to believe. (1:37) 1000 Van Ness. (Peitzman)

*The Private Lives of Pippa Lee Rebecca Miller’s latest is that seldom-produced thing, the female midlife crisis movie. Daughter to playwright Arthur Miller, a titan of Big Theme manly guilts, her projects are indie-scaled, about troubled domestic minutae, with whimsical twists of fate that methodical realist Arthur would never have countenanced. She’s been consistently interesting since 1995’s striking Angela — first among many narratives from the viewpoint of a child struggling in the shadow of an overwhelming and/or unstable parent. In Private Lives, Pippa (Robin Wright Penn) has her own monstrous parental past. Like many people hailing from chaos, Pippa has turned self-conscious model citizen. In drifting early adulthood, she glommed onto the first man who respected her mind — or did he just recognize a rudderless, much younger woman susceptible to flattery? Ever since she’s been ideal consort to newly retired publisher Herb (Alan Arkin), as well as doting mother to their variably grateful children. Barely 40 and living in an old folks’ village, Pippa is starting to think her life a tad ridiculous. Such nagging but inchoate doubt is underlined by the return of a widow neighbor’s shaggy, somewhat surly son (Keanu Reeves) to Chez Mom after his latest failure at adulthood. Opposites attract, though it’s more complicated than that. Miller’s cluttered canvas also makes room for teensy-to-major characters played by Shirley Knight, Blake Lively, Robin Weigert, Julianne Moore, and Monica Bellucci. As is her wont, she piles on both invigorating insights and a few too many whiplash narrative left turns. But The Private Lives of Pippa Lee has charm and idiosyncrasy to spare. (1:40) Smith Rafael. (Harvey)

A Single Man In this adaptation of Christopher Isherwood’s 1964 novel, Colin Firth plays George, a middle-aged gay expat Brit and college professor in 1962 Los Angeles. Months after the accidental death of Jim (Matthew Goode), his lover for 16 years, George still feels worse than bereft; simply waking each morning is agony. So on this particular day he has decided to end it all, first going through a series of meticulous preparations and discreet leave-takings that include teaching one last class and having supper with the onetime paramour (Julianne Moore) turned best friend who’s still stuck on him. The main problem with fashion designer turned film director Tom Ford’s first feature is that he directs it like a fashion designer, fussing over surface style and irrelevant detail in a story whose tight focus on one hard, real-world thing–grief–cries for simplicity. Not pretentious overpackaging, which encompasses the way his camera slavers over the excessively pretty likes of Nicholas Hoult as a student and Jon Kortajarena as a hustler, as if they were models selling product rather than characters, or even actors. (In fact Kortajarena is a male supermodel; the shocker is that Hoult is not, though Hugh Grant’s erstwhile About a Boy co-star is so preening here you’d never guess.) Eventually Ford stops showing off so much, and A Single Man is effective to the precise degree it lets good work by Goode, Moore and especially the reliably excellent Firth unfold without too much of his terribly artistic interference. (1:39) Sundance Kabuki. (Harvey)

2012 I don’t need to give you reasons to see this movie. You don’t care about the clumsy, hastily dished-out pseudo scientific hoo-ha that explains this whole mess. You don’t care about John Cusack or Woody Harrelson or whoever else signed on for this embarrassing notch in their IMDB entry. You don’t care about Mayan mysteries, how hard it is for single dads, and that Danny Glover and Chiwetel Ejiofor jointly stand in for Obama (always so on the zeitgeist, that Roland Emmerich). You already know what you’re in store for: the most jaw-dropping depictions of humankind’s near-complete destruction that director Emmerich –- who has a flair for such things –- has ever come up with. All the time, creative energy, and money James Cameron has spent perfecting the CGI pores of his characters in Avatar is so much hokum compared to what Emmerich and his Spartan army of computer animators dish out: the U.S.S. John F. Kennedy emerging through a cloud of toxic dust like some Mary Celeste of the military-industrial complex, born aloft on a massive tidal wave that pulverizes the White House; the dome of St. Paul’s flattening the opium-doped masses like a steamroller; Hawaii returned to its original volcanic state; and oodles more scenes in which we are allowed to register terror, but not horror, at the gorgeous destruction that is unfurled before us as the world ends (again) but no one really dies. Get this man a bigger budget. (2:40) 1000 Van Ness. (Sussman)

The Twilight Saga: New Moon Oh my God, you guys, it’s that time of the year: another Twilight chapter hits theaters. New Moon reunites useless cipher Bella (Kristen Steward) and Edward (Robert Pattinson), everyone’s favorite sparkly creature of darkness. Because this is a teen wangstfest, the course of true love is kind of bumpy. This time around, there’s a heavy Romeo and Juliet subplot and some interference from perpetually shirtless werewolf Jacob (Taylor Lautner). Chances are you know this already, as you’ve either devoured Stephenie Meyer’s book series or you were one of the record-breaking numbers in attendance for the film’s opening weekend. And for those non-Twilight fanatics — is there any reason to see New Moon? Yes and no. Like the 2008’s Twilight, New Moon is reasonably entertaining, with plenty of underage sexual tension, supernatural slugfests, and laughable line readings. But there’s something off this time around: New Moon is fun but flat. For diehard fans, it’s another excuse to shriek at the screen. For anyone else, it’s a soulless diversion. (2:10) Empire, 1000 Van Ness, SF Center, Sundance Kabuki. (Peitzman)

Up in the Air After all the soldiers’ stories and the cannibalism canards of late, Up in the Air‘s focus on a corporate ax-man — an everyday everyman sniper in full-throttle downsizing mode — is more than timely; it’s downright eerie. But George Clooney does his best to inject likeable, if not quite soulful, humanity into Ryan Bingham, an all-pro mileage collector who prides himself in laying off employees en masse with as few tears, tantrums, and murder-suicide rages as possible. This terminator’s smooth ride from airport terminal to terminal is interrupted not only by a possible soul mate, fellow smoothie and corporate traveler Alex (Vera Farmiga), but a young tech-savvy upstart, Natalie (Anna Kendrick), who threatens to take the process to new reductionist lows (layoff via Web cam) and downsize Ryan along the way. With Up in the Air, director Jason Reitman, who oversaw Thank You for Smoking (2005) as well as Juno (2007), is threatening to become the bard of office parks, Casual Fridays, khaki-clad happy hours, and fly-over zones. But Up in the Air is no Death of a Salesman, and despite some memorable moments that capture the pain of downsizing and the flatness of real life, instances of snappily screwball dialogue, and some more than solid performances by all (and in particular, Kendrick), he never manages to quite sell us on the existence of Ryan’s soul. (1:49) SF Center. (Chun)

Holiday snowjob

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sarah@sfbg.com

Shortly before Thanksgiving, San Francisco city officials announced that the draft environmental impact report for Lennar Corp.’s massive Hunters Point Shipyard-Candlestick Point redevelopment proposal was finally available, and that the public has 45 days — until Dec. 28 — to read and comment on the 4,400-page document.

Envisioned to include more than 10,000 homes (most of them market-rate condos) spread over 708 acres in southeast San Francisco, the project — whose vague outlines city voters affirmed by approving Prop. G in June 2008 — is the centerpiece of the city’s housing strategy for the next 25 years.

At a Nov. 5 presentation, Michael Cohen, Mayor Gavin Newsom’s top economic advisor, told the city’s Planning Commission that the DEIR was a "milestone." But critics warn that this milestone could become a millstone around the city’s neck if it fails to extend the DEIR review period, as a coalition of environmental groups and a state agency are requesting. Cohen did not return repeated calls for this story.

These groups are concerned that the city of San Francisco, Lennar’s partner in this billion-dollar deal, is trying to rush through a controversial project before anyone can review its details. Forty-five days is the minimum required under California Environmental Quality Act guidelines for a project that also needs to be reviewed by state agencies and the groups want the deadline extended to mid-February.

The southeast sector has historically been home to low-income communities of color, and fears are running high that this project will continue the destructive, gentrifying legacy of the San Francisco Redevelopment Agency, which shares lead agency responsibilities for this project with the Planning Department.

After Redevelopment Agency projects in Western Addition and Yerba Buena displaced much of San Francisco’s African American population, there is concern that if this project isn’t carefully considered, it could finish the job in the remaining parts of town with significant black populations: Bayview and Hunters Point, which are both in the plan area.

"People would have to read 130-plus pages per day since the DEIR’s release to complete it by the first public hearing," said Kristine Enea, who sits on the board of the India Basin Neighborhood Association and is a candidate in the 2010 race to replace termed-out District 10 Sup. Sophie Maxwell.

Downloadable at the Planning Department’s Web site, the Shipyard-Candlestick DEIR envisions an influx of 24,465 new residents and the possible building of a new 49ers stadium on a site that is radiologically contaminated, seismically vulnerable, and will undoubtedly be adversely affected by climate change-induced sea level rise.

As such, it requires significant chunks of time to digest and comment on — something folks are urged to do at two public hearings in mid-December or in writing by Dec. 28.

"The timeline is incredibly short," Arc Ecology’s executive director Saul Bloom told us. So a coalition that includes Bloom, Enea, Arc Ecology, the Urban Strategies Council, the Sierra Club, the California Native Plant Society, and the Potrero Hill Democratic Club is urging Mayor Gavin Newsom to extend the DEIR public review period to 90 days.

"We believe that a public review period totaling 90 days ending on Feb. 12, 2010 is necessary and of appropriate length for the public and our organizations to review, discuss, and comment on this complicated tome," the coalition wrote in a Dec. 7 letter.

Also seeking a time extension is the San Francisco Bay Conservation and Development Commission (BCDC), a state agency charged with reviewing large projects that may impact the bay, although the agency did sign onto the coalition’s letter. BCDC studies project that much of the project area could be inundated with rising water levels caused by global warming.

Technically, the lead agencies have the authority to extend EIR comment periods, but because they are controlled by mayoral appointees, the coalition is appealing to Newsom. The coalition letter notes that the project will nearly double the population of Bayview-Hunters Point, and that the newly released DEIR was nearly two years in the making.

"The city’s project staff reasonably took the time to provide what in their opinion is an adequate review of the project," the coalition wrote. "The public similarly deserves 12 weeks to examine and comment on your work."

City officials have been patient with Lennar, recently granting the company a six-month delay in construction of housing at Phase 1 of the development, which sits at Parcel A of the shipyard. As a result, construction for Phase 2 is not expected to start until 2015 and continue until about 2035.

So coalition members say at 45-day delay isn’t asking much. The letter makes clear that the coalition isn’t opposed to the project or Newsom’s administration, but that its members expect "public engagement and transparency in government."

"It is our view that a 45-day public review period for a document as complex and lengthy as the DEIR is simply inadequate under any circumstances," the coalition wrote, adding that the document’s release over the Thanksgiving, Christmas, Kwanza, and Hanukkah holidays is "particularly troubling." By contrast, Santa Clara Countyoffered an extended comment period for its DEIR on its proposed new 49ers stadium.

"By releasing a six volume, 4,400 page document a week and a half before Thanksgiving, you have demanded that the public and community based organizations choose between civic duty, prearranged vacation time, and obligations to family and faith," the coalition wrote, noting that the city effectively shortened even this prep time to 25 days by holding public hearings one month after the DEIR’s release.

Unlike Prop. G or previous discussion about Phase 1 of the project, the coalition reminded Newsom that an EIR is an administrative decision document, and the DEIR is the part of the approval process where ideas become concrete plans to be approved in a lawful process. "Transparency in government is not just a matter of letting the public see information," the coalition observe in the letter. "The capacity to act on what one sees is critical to transparency and the length of the look has a direct effect on the quality of observation."

Or as Bloom warned the Guardian, the current 45-day review period will likely result in a polarized dialogue. "It will lead to the squeezing out of any of the middle-of-the road perspective from folks who are not opposed to development but think the proposed project could be better," Bloom warned. "And if that happens, no modifications will be possible."

The DEIR will be the subject of two public hearings: Dec. 15 at 4 p.m. in City Hall Room 416 by the Redevelopment Agency and Dec. 17 at 1:30 p.m. in City Hall Room 400 by the Planning Commission.

Don’t rush the Candlestick EIR

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EDITORIAL The Candlestick Point redevelopment project is by far the biggest land-use decision facing San Francisco today, and one of the most significant in the city’s modern history. The project, sponsored by Lennar Corp., would bring 10,500 housing units and 24,000 additional residents to the area. Those residents would need new schools, playgrounds, open space, and transportation systems. Industrial and commercial development would create some 3,500 permanent jobs, and those people would need ways to get to work. Plans calls for new roadways, including a bridge over the fragile Yosemite Slough. The 708-acre site includes areas with significant toxic waste issues.

It’s no surprise that the draft environmental impact report on the project weighs in at 4,400 pages. It took two years to review the land use, transportation, air quality, water quality, population, employment, noise, hazardous materials, and other potential issues.

And now the Planning Department and Redevelopment Agency wants all public comment to be completed in a 45-day period that includes the winter holidays. That’s crazy – and it’s a sign that the city just wants to rush this project through without adequate oversight, review, or discussion.

The EIR in a project this size is a major political battleground. It’s one of the few times that the Planning Commission and Board of Supervisors will get to weigh in on the entire project and look at its local and citywide impacts. It’s quite possibly the only time prior to construction when the economic, social, and environmental issues around the project will get widespread public discussion.

And anyone who reads these reports on a regular basis can tell you that they’re thick, dense, tough to follow, and filled with minute details and arcana that add up to very big policy decisions. Among the most pressing issues:

• The housing mix. The city’s own General Plan notes that almost two-thirds of all new housing built in San Francisco needs to be available at below-market rates. Lennar won’t even meet half that target. So the project would create an even greater unmet demand for affordable housing — something the EIR, at least on first read, glosses over. The report refers to “a broad range of housing options of varying sizes, types, and levels of affordability [that would] be developed at Candlestick Point” and states that “such housing would be in close proximity to the jobs provided by the project, [so] it is likely that future employees at Candlestick Point would seek housing at the project site prior to searching for housing in the surrounding Bayview-Hunters Point neighborhood. However, if future employees did seek housing elsewhere in the neighborhood, the effects would not be adverse.”

Actually, if comparatively well-paid employees at the project’s research and development facilities decided to move into the existing Hunters Point/Bayview neighborhood, it would almost certainly drive up housing prices, displacing existing residents.

• Transportation options. The project projects significant improvements in Muni service — but doesn’t say how the city will pay for them. There’s a sizable focus on cars — the EIR estimates the project will need more than 21,000 parking spaces. That’s a lot more cars on the streets of the city, a lot more traffic in the southeast — and a direct clash with the city’s transit-first policies.

• What jobs, and for whom? The 3,500 permanent jobs that would be created are badly needed in that neighborhood, which has the highest unemployment rate in the city. But a comprehensive labor pool study, and a discussion of how existing residents will be trained for projected jobs, appears to be missing from the EIR.

• Hazardous materials. The EIR broadly proclaims that “construction activities associated with the project would not result in a human health risk involving the disturbance of naturally occurring asbestos, demolition of buildings that could contain hazardous substances in building materials, or possible disturbance of contaminated soils or groundwater within one-quarter mile of an existing school.” That is — at the very least — a matter of some dispute.

There’s lots more – 4,400 pages more – and if the approval process is going to be anything other than an utter farce, the Planning and Redevelopment directors need to extend the public comment period for at least another 45 days. *

Editorial: Don’t rush the Candlestick EIR

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The city wants to rush the massive Candlestick Point Redevelopment Project through during the holiday season without adequate oversight, review, or discussion. It needs to extend the public comment period for at least another 45 days.

The Candlestick Point redevelopment project is by far the biggest land-use decision facing San Francisco today, and one of the most significant in the city’s modern history. The project, sponsored by Lennar Corp., would bring 10,500 housing units and 24,000 additional residents to the area. Those residents would need new schools, playgrounds, open space, and transportation systems. Industrial and commercial development would create some 3,500 permanent jobs, and those people would need ways to get to work. Plans calls for new roadways, including a bridge over the fragile Yosemite Slough. The 708-acre site includes areas with significant toxic waste issues.

It’s no surprise that the draft environmental impact report on the project weighs in at 4,400 pages. It took two years to review the land use, transportation, air quality, water quality, population, employment, noise, hazardous materials, and other potential issues.

Catholic Church challenges tax ruling

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By Ryan Thomas Riddle
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The Catholic Church, which is exempt from paying property taxes, is feeling persecuted for having to pay property transfer taxes.

Not surprisingly, the Catholic Archdiocese of San Francisco is contesting the Dec. 4 ruling that holds it responsible for paying an estimated $14.4 million dollars in transfer taxes to the city, vowing to challenge the ruling in court.

In April 2008, the diocese had shuffled 232 properties from one church-held corporation to another. Archbishop George H. Niederauer argued that the property transfers were exempt from transfer taxes in a December 2007 statement. The Transfer Tax Review Board disagreed. The 3-0 ruling was a major victory for Assessor-Recorder Phil Ting whose office is calling this the “the second largest transfer tax event in our city’s history.”

Ting wins big case against the Catholic Church

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By Ryan Thomas Riddle

Assessor-Recorder Phil Ting is the victor in the high-stakes battle against the Catholic Archdiocese of San Francisco. The church has been ordered to pay an estimated $14.4 million in transfer taxes to the city. But the victory comes on the heels of the California State Board of Equalization’s decision to slightly lower property taxes statewide.

On Tuesday, Dec. 4, the Transfer Tax Review Board voted 3-0 in favor of the Assessor’s Office, resulting in what the office is calling “the second largest transfer tax event in our city’s history.” The board decided that the Archdiocese’s extensive 2008 property transfers were taxable under the Real Property Transfer Tax Ordinance.

Ting said via phone conference that board’s decision shows that his office has been “aggressive and fairly enforcing the law.” He added that while the Assessor’s Office may have turned a blind eye in the past, the board’s verdict shows that every taxpayer gets treated the same under his watch. “We have worked hard to ensure every taxpayer is being assessed transfer taxes in a fair and consistent manner.”

SF cops shouldn’t seize DJs’ laptops

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By Steven T. Jones
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Going into another weekend, I find myself thinking about our story on San Francisco Police officers seizing DJs’ laptops as they raid house parties. The SF Weekly got on the story about the same time we did, but their music columnist got it into the paper a week before us. We furthered her reporting by naming the main cop culprit and showing the Chief’s Office knows about it, but it’s frustrating that the policy isn’t being addressed more directly, given the level of concern. Our story is getting a few comments and I’d love to hear others weigh in here on a tactic that seems punitive and perhaps unconstitutional.

That’s what I called it when SFPD spokesperson Lyn Tomioka wrote an e-mail to me defending the practice (I was the editor for our story, which was written by freelancer Joshua Emerson Smith). She wrote: “Our primary focus is always public safety. In the past we have seen over crowed [sic] events that the Fire Department would not have been able to rescue all of the people, in the event a fire broke out. Under age drinking is another concern and the serious issues that have been associated with that. There are other public safety issues that concern us.”

To which I responded: “I understand your concerns about fire and underaged drinking, but I’m still not clear what those things have to do with laptop computers or how their seizure proves anything. Playing music is not a crime, nor is having it on your computer. Frankly, the policy seems punitive and perhaps unconstitutional. We hope the SFPD will review this tactic, allow the public to weigh in on it, and consider modifying or rescinding it.”

What do you think?

Book Review: When nature calls

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By Molly Freedenberg

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This may seem like a strange time of year to get nostalgic about camping, but the truth is, much of my adult backpacking adventures have been in winter. Most of those trips were with my college boyfriend, and we scheduled our outings around October and November’s breaks and long weekends before the second semester’s term papers and thesis craziness kept us campus bound.

So while the sun and heat of summer might remind most people of climbing mountains and forging across rivers, it’s the crisp clearness of fall and winter that reminds me of Gore-Tex and GORP. Which is perhaps why this week I finally reached for a book that’s been sitting on my shelf for almost two years: Michelle Waitzman’s Sex in a Tent: A Wild Couple’s Guide to Getting Naughty in Nature (Wilderness Press, 2007).

The premise is exactly what you’d think: how to get it on in nature. How much about this topic isn’t entirely intuitive, you might ask? According to the book’s author, the answer is “a lot.” In fact, it seems this book is mostly geared towards novice campers and the mountaineers who love them, and also assumes both parties are a bit naieve when it comes to sex.

Revisiting the ReOrient

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arts@sfbg.com

THEATER It’s the fall of 2001. The Americans have arrived. The Taliban is, for the moment, displaced. A young Afghani woman named Alya (Sara Razavi) stands in a burka, holding a suitcase. She’s met by her older sister, Meena (Nora el Samahy), returned from England to fetch her. Meena wears a headscarf but leaves her face proudly, fearlessly uncovered. She speaks of the freedoms ahead of them, the chance to study, even to talk to men. Alya is scandalized and fascinated.

The two sisters go on to engage in petty quarrels, teasing. Meena calls the younger one a hedgehog, a familiar nickname apparently, while noting she’s gained a woman’s figure since Meena has been away. Alya complains of her aching back — the result, she claims, of quills sprouting along her spine. Meena tells her about being carried one night by a gallant English stranger, leaving her sister beside herself with moral outrage and prurient interest.

All the while, nearby, the body of a young American soldier (Basel Al-Naffouri) lies sprawled on a large pillow. He’s soon on his feet — or socks rather, his boots having disappeared — ostensibly having slept off a night of revelry. Regarding the two young women in his room with some surprise, and self-congratulation, he confronts what he believes to be the previous night’s "conquests." He also seems to think he’s awoken in his mother’s house in Gary, Ind. He shouts for his mother and wonders aloud where his shoes have gone, but his cries are literally bootless.

We appear to have wandered into a dream — but whose exactly? Naomi Wallace’s No Such Cold Thing unsettles the ground beneath our feet much as her characters have found it vanishing beneath their own. The characters now meet on some existential plateau — pitched, dreamlike, somewhere between life and death — as Wallace expertly pinpoints the reality of war in the magical-surreal of dramatic imagination.

In a moment characterized by a decided lack of public antiwar momentum around the continuing tragedy of U.S. involvement in Afghanistan, the world premiere of Wallace’s No Such Cold Thing could not be timelier. Nor, for that matter, could it be a more apt play to lead off Golden Thread Productions’ 10th anniversary edition of its ReOrient Festival, an annual cavalcade of short plays about the Middle East that has itself provided, in addition to a dependable variety of aesthetic pleasures, crucial space for public consideration and dialogue.

This year’s anniversary program makes the most of that function with an accompanying two-day forum (Dec. 5-6 at Theatre Artaud) to include discussion panels, a book launch, an art exhibit, music and dance performances, and Golden Thread’s first live internet-streamed play, The Review, written by GT stalwart Yussef El Guindi (Back of the Throat; Jihad Jones and the Kalashnikov Babes), featuring one actor in San Francisco and another in the Middle East.

In addition to Wallace’s quietly striking world premiere — which finds a winning balance of playful insouciance and poignant understatement in the hands of director Bella Warda and her cast — the dramatic program includes eight more plays spread over two rotating series. Emphasizing highlights of previous years, ReOrient 2009’s opening night program included a remounting of Betty Shamieh’s Taman, directed by GT artistic director Torange Yeghiazarian, a dual "monologue" from the perspective of a proud and embattled Palestinian woman, featuring el Samahy and Maryam Farnaz Rostami tastefully accompanied by percussionist Su Tang. It was followed by Yeghiazarian’s own irreverently funny charmer, Call Me Mehdi, neatly directed by Arlene Hood, in which an Iranian American woman (Ahou Tabibzadeh, reprising her 2005 performance with aplomb) and her Farsi-challenged American husband (solid newcomer George Psarras) give late-night vent to some cross-cultural baggage. Finally, Motti Lerner’s Coming Home (2003), well cast and sharply directed by Mark Routhier, provocatively unfolded the homecoming of a disturbed young Israeli soldier from the front lines of the occupation.

The second night’s program (seen too late for review) is also full of some small gems, including two from El Guindi his Cairo-centered adaptation of Chekhov’s A Marriage Proposal and his 2007 The Monologist Suffers Her Monologue) as well as the 1999 play from San Francisco–based filmmaker Kaveh Zahedi (I Am Not a Sex Addict) with the characteristically emphatic title, I’m Not a Serial Killer.

"REORIENT 2009: THE FIRST 10 YEARS"

Through Dec. 13

Thurs.–Sat., 8 p.m. (no performance Thurs/26);

Sun, 5 p.m., $15–$25

Thick House, 1695 18th St., SF

(415) 626-4061

www.goldenthread.org

Killer ‘Droids

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kimberly@sfbg.com

SONIC REDUCER What is a Japandroid? Sure, it sounds like a mashup of two monikers (Pleasuredroids and Japanese Scream) hatched by guitarist Brian King and drummer David Prowse when the Vancouver, B.C., twosome were dreaming up a Yeah Yeah Yeahs-style power trio back in ’06. But I imagine it looks way cooler than your average Transformer, less like a toaster and more like an Astro Boy-style skin job. Or maybe it’s a less humanoid rock ‘n’ roll machine — picture a R2D2 jukebox — generating a battering flurry of distortion and bashed-at beats that’s less noisy, more melodic than No Age, and five times more buzz-saw aggro and dense than White Stripes.

But perhaps calling Japandroids machine-like goes too far. "That kind of indicates a certain efficiency that we don’t have," Prowse demurs sweetly by phone from Somewheresville, Ohio. "There are a lot of kinks in the rock ‘n’ roll machine, though we’re trying to get things done."

And right now the thing for Japandroids is a major drive south across the U.S. to St. Louis, Mo. "We’re just driving for days — it’s great, very scenic," Prowse observes. "We’re seeing every small town in America. It’s like a dream."

Apparently the two 27-year-olds are living the dream: they’ve made the break out of Vancouver, which Prowse describes as "not necessarily a musician-friendly city," despite the presence of, for instance, the New Pornographers. The ‘Droids got a major rocket-powered boost after some successful festival dates — one show at Pop Montreal led to the band signing with its current Canadian label Unfamiliar — and a rave review on Pitchfork.

"It’s a weird form of tourism. You kind of get to see places," Prowse — far from jaded and still marveling at the reception the band received — says of the twosome’s recent U.K. tour. "You get to see a bar in each city in the United Kingdom and then the spot where you get breakfast and few truck stops in between."

All this seems somewhat unexpected for the two friends, who met at the University of Victoria and formed the band post-college. At the risk of getting too reductionist, Post-Nothing (Unfamiliar/Polyvinyl) captures that moment of aimless fury, unbottled passion, and naked masculine innocence that comes after graduation, once you’ve fulfilled all your course requirements, done all that’s expected, had your heart broken, and wondered what’s next. It’s worth asking — when everyone, postcollegiate or otherwise, appears to be wondering what the 2010s will bring — what is "post-nothing" anyway?

"It’s kind of a long-running gag at the labels of musical genres," Prowse explains. "A long time ago Brian started referring to our band as post-nothing on our MySpace bios and other places." Just don’t lump them into the post-hardcore lot. "No, no," the drummer says almost apologetically. "We’re too wimpy to be associated with that moniker."

Japandroids, it turns out, aren’t easy to sum up — these ‘Droids are too unpretentious and/or smart to peg themselves with any tag. Neither will Prowse acknowledge certain 1990s alt-rock affiliations you can hear bristling at the edges of the combo’s sound — though both love the Sonics and Mclusky and went through a mid-to-late ’90s hip-hop phase. "Some songs sound like we’re ripping off one band and then another one," Prowse confesses good-naturedly. "There’s a bit of variety to our musical piracy."

Prowse, however, will cop to an anthemic quality in Japandroids’ songs. "I think part of that comes from the fact that neither of us are super-confident singers, so we kind of belt it out," he explains. "It comes back to being a two-piece band — one of the things is to make as much noise as we can between the two of us." *

JAPANDROIDS

With Surfer Blood and Downer Party

Sun/29, 7 p.m., $10–$12

Rickshaw Stop

155 Fell, SF.

www.rickshawstop.com

BUILDING A BETTER MUSICAL MACHINE

SAVOY FAMILY CAJUN BAND


Ready to get on down to N’awlins with these cajun music vets? Fri/27, 9 p.m., $20 Great American Music Hall, 859 O’Farrell, SF. www.gamh.com

SIMIAN MOBILE DISCO


Ape must not kill ape yet must sometimes serve up a live set. With JDH and Dave P and Tenderlions. Fri/27, 9 p.m., $22.50. Mezzanine Mezzanine, 444 Jessie, SF. www.mezzaninesf.com

GEORGE HURD ENSEMBLE AND BUILD


Classical and contemporary composition meets throbbing electronics. With Jack Curtis Dubowsky Ensemble. Mon/30, 8 p.m., $10. Café Du Nord, 2170 Market, SF. www.cafedunord.com

1989: The Velvet Revolution, rewound

2

By Marke B.


Sametová revoluce – předchozí demonstrace 1988-1989, záběry jednotlivců — scenes from demonstrations in Prague, 1988-1989

I spent many hours of my life standing in those crowds, in Warsaw, Budapest, Berlin, and Prague; their behavior was both inspiring and mysterious. What had moved these individual men and women to come out on the streets, especially in the early days, when it was not self-evidently safe to do so? What swayed them as a crowd? Who, in Prague, was the first to take a key ring out of his or her pocket, hold the keys aloft, and shake them—an action that, copied by 300,000 people, produced the most amazing sound, like massed Chinese bells?

So writes European historian Timothy Garton Ash in “1989!” — part one of his wonderfully cogent reckoning of the history of the so-called end of the cold war published in the New York Review of Books this month. (Part two, “Velvet Revolution: The Prospects,” to be published next month, just became available online.) It’s the 20th anniversary of those immense events, including the fall of the Berlin Wall, so it’s time to size up what happened and how we think of it all, I guess.

Garton Ash takes a long and involved look at how scholars have weighed the events of 1988-1989 — and 1980-1981 in Poland — from the theory that a bankrupt East Germany had no choice but to dissolve itself, as it had become too much in debt to the West, to the hilariously ludicrous notion that Reagan tore down the Berlin Wall himself, brick by brick, shirtless, in jodhpurs and suspenders, the Brill Creme streaming in manly rivulets down his unvacillating brow. Of course, new archival information is becoming available all the time, revealing shocking new things. (In one stunning instance we’re reminded that Dick Cheney was a troglodyte long before Iraq. As President George H.W. Bush’s Defense Secretary he advised that all of Glasnost, then politically melting an entire continent of policies, “may be a temporary aberration in the behavior of our foremost adversary.” He needs enemies to live.)

In any case, Garton Ash’s major recommendation is that historians approach the “fall of communism” less from the top down, digging through acreages of bureaucratic documents, and more from the bottom up — a sort of historical revitalization of crowd psychology, paying closer attention to the participation of the people within the churning movement toward democracy itself. (I wonder what he thinks of this.) So I searched around and found the video above, which really does drive home the huge cajones and audacity of hope, not to mention the sheer higglety-piggletyness, among those Velvet Revolutionaries.

(I was in Berlin in the summer of 1988 — and was almost jailed on the Eastern side for importing homosexual pornography, i.e. a Damron Gay Europe travel guide with a picture of a tacky guy with a Speedo on the cover, until they realized I was under 18 and would have too many legal problems — and it really seemed like East Germans were roiling with angst that summer, maybe more than usual. At least, they weren’t the stony-faced apolitical drones that I’d been led to believe by the American media. Hindsight, of course, is 20/20 — something Garton Ash’s essays handily take on. Really, my main observation was probably that East German dudes were way hotter than the West German ones, who were undergoing some sort of ghastly hippie fashion revival at the time.)

One more money quote from “1989!”:

The end of communism in Europe brought the most paradoxical realization of a communist dream. Poland in 1980–1981 saw a workers’ revolution—but it was against a so-called workers’ state. Communists dreamed of proletarian internationalism spreading revolution from country to country; in 1989–1991, revolution did finally spread from country to country, with the effect of dismantling communism.

Bloody shoeprints and stab wounds suggest de la Plaza murdered

5

Text by Sarah Phelan

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A newly released forensic report suggests that Hugues de la Plaza (pictured above) was murdered in San Francisco two years ago.

Francois de la Plaza, the father of deceased French-American citizen Hugues de la Plaza, sent me a copy of a report today that forensic pathologist Michael Ferenc prepared for SFPD Deputy Chief David Shinn, concluding that Hugues’s death was a homicide, as his family and the French authorities have long claimed.

“In my opinion, the death of Mr. Hugues de la Plaza is a homicide,” Ferenc writes in his report, which was prepared nine months ago, (and not in Feb. 2008, as the Guardian initially claimed, thanks to a typo on the report itself). Curiously, the SFPD has never publicized Ferenc’s findings, even though it has divulged preliminary findings from an as yet unpublished LAPD report, which allegedly supports the SF Medical Examiner’s finding that the cause of death was “undeterminable.”

Ferenc notes that SFPD Inspector Casillas gave him, “an excellent overview of the case” when he met with him and his colleagues,” earlier this year.

” It was very thorough and detailed,” Ferenc writes.

In his report, he summarizes several key points that support his murder conclusion, (based on his review of the SFPD’s crime scene photos, video and autopsy report.), before inferring, Sherlock Holmes-style, the following sequence of events:

“Mr. De La Plaza returned home from nightclubbing around 0200 hours and entered his residence,” Ferenc states. “There he ate some food and apparently made phone calls and utilized his computer (approximately during the next half hour based upon Inspector Casillas’s investigation). For some reason(s) he exited his apartment ( or at least stepped outside to answered his door). Either upon exiting or at his subsequent return, an assailant(s), who was(were) most likely positioned on the lower landing of the stair case, stabbed Mr. De La Plaza while he was on the lower steps. The victim retreated inside the apartment and the assailant(s) probably did not follow inside. The victim went to the kitchen and returned to the front room bleeding profusely all the time. He soon collapsed from hemorrhagic shock in the front room where he was found.”

To support his conclusions, Ferenc highlights the following key points:

Housing cars or people?

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news@sfbg.com

GREEN CITY San Francisco Board of Supervisors President David Chiu has introduced legislation that would curtail the ability of residential property owners in Telegraph Hill, North Beach, and Chinatown to evict tenants and replace them with garages.

The ordinance, which is currently being reviewed by staff before it is considered by the Planning Commission, seeks to prohibit the construction of garages in rental properties that have been the site of a no-fault eviction in the past decade. Even if no evictions have occurred, owners would have to apply for a conditional use permit from the Planning Department to build the garage.

"We have seen a pattern of applications for garage installations following no-fault evictions," Chiu aide David Noyola explained.

The Ellis Act, a state law passed in 1986, gives owners the right to evict tenants if they decide to "withdraw from the rental market." The law specifies that all units in the building must be evicted. In 2005, the Board of Supervisors also began requiring landlords to pay $4,500 to each evicted tenant for relocation costs, with an additional $3,000 for seniors and the disabled.

Ted Gullicksen, director of the San Francisco Tenant Union, said the Ellis Act was intended to allow property owners to get out of the business of being a landlord, but "in practice it is utilized far more often by developers who are looking to rent the properties at considerable profit."

Although there are restrictions on re-renting property that has been cleared of tenants under the Ellis Act, a primary concern of tenant activists is the use of evictions to convert the building into a tenancy-in-common. A TIC is a form of joint ownership whereby multiple owners can buy the building and live in separate units.

"Often the real estate developer will try to make improvements following a TIC conversion to make it more sellable, and one of those is garages," Gullicksen said.

Malcolm Yeung, the public policy manager of the Chinatown Community Development Center, told us that "a garage generally increases the market value of a property by $30,000 to $50,000."

Yeung worked with Chiu’s office to develop the legislation after arguing in a discretionary review hearing before the Planning Commission that a particular Ellis Act eviction in the Telegraph Hill neighborhood was in violation of Sec. 101.1(b) of the San Francisco Planning Code, which states "that existing housing and neighborhood character be conserved and protected in order to preserve the cultural and economic diversity of our neighborhoods."

Following the distribution of Ellis Act notices to four low-income families, the property owner also filed for a garage add-on. Yeung successfully made the case that the eviction contradicted the Planning Code’s commitment to the preservation of economic diversity. He told us that the addition of garages "incentivizes owners to take on the financial costs of an Ellis Act eviction" and can "transform communities from long-term low-income residents to TICs, which go on the market at high value."

Gullicksen also said landlords often threaten an Ellis Act eviction and offer a buyout. "One of the benefits of the legislation is that it put tenants more in the driver’s seat when negotiating a buyout," he said. He also noted that homeowners are twice as likely to own cars as renters, which means that the conversions to TICs increase the number of vehicles in neighborhoods already congested with automobiles.

But like with all housing activity, there have been a greatly reduced number of both Ellis Act evictions and buyouts since the crash of the housing and credit markets a year ago, slowing to zero from March through May before slowly picking up in July.

Critics have decried the legislation as creating the burden of obtaining a conditional use permit and exacerbating the lack of street parking in the neighborhoods. But Noyola told us, "This problem has been around for a long time and will continue to be an issue when the market picks up again."

The legislation would also decrease the number of parking spaces that may be built with each new housing unit, part of a citywide trend. Noyola said the legislation is "progressive planning policy that prioritizes housing over parking, especially in the densest part of the city."

Crossing the line

0

sarah@sfbg.com

Estella (a fake name she used to protect her identity) is a single mother of five who came to the United States from Latin America when her oldest daughter was a baby, hoping for a better future for her family.

But thanks to a shift in San Francisco’s sanctuary policy that Mayor Gavin Newsom ordered last year, Estella’s daughter — we’ll call her Maria, now 15 — was seized by federal immigration authorities this fall, ripped from her family and community, and shipped to a detention center in Miami.

Her crime: she got in a fight with her younger, U.S.-born sister.

The experience shattered Estella’s dreams and terrified her family, whom immigration experts describe as "mixed status" because Estella also has U.S.-born children.

It also convinced Estella to speak out publicly to try to convince Newsom that legislation that ensures due process for kids like her daughter is the right thing to do.

Last month, a veto-proof majority of the Board of Supervisors voted to support amendments to Newsom’s current policy in an effort to make sure juveniles get their day in court before being hastily and needlessly referred to federal immigration authorities.

But the next day, Newsom vetoed the legislation introduced by Sup. David Campos, claiming it violates federal law. And now Newsom is refusing to debate the issue with Campos or meet with the community whose kids are at risk of being deported because someone in local law enforcement suspects them of being here without paperwork and accuses them of committing a serious crime.

Under Newsom’s policy, which he ordered without public review in June 2008, city officials are required to refer juveniles whom they suspect of being undocumented felons to U.S. Immigration and Customs Enforcement (ICE) when they book them at Juvenile Hall.

Last month Newsom defended his policy, saying that the city’s sanctuary ordinance, as originally conceived and adopted, was designed to protect law-abiding city residents.

"It was never meant to serve as a shield for people accused of committing serious crimes in our city," Newsom wrote in his veto letter.

His comments followed close on the heels of a San Francisco Chronicle editorial claiming the majority of these juveniles detained are subsequently found guilty of serious crimes.

But this is not true: the Juvenile Probation Department’s 2008 statistics show that 68 percent of the young people arrested in San Francisco that year were found to be innocent.

And as Estella’s story shows, under Newsom’s policy juveniles who have not committed serious crimes are at risk of being reported and detained for possible deportation.

This means a teenager — a 15-year-old girl in this case — could get dropped off in a country she last saw when she was a baby, with no family to meet and take care of her. These kids are at risk of being preyed upon by criminal gangs or "coyotes," often-unscrupulous human traffickers known to abuse and abandon young people during the perilous border crossing.

Most kids in Maria’s situation would want to return to their U.S. home — to their parents, families, friends — the only community they know. But since the federal government has made border crossings increasingly perilous, getting back to the U.S. often requires several thousand dollars in smuggler fees — leaving teens open to harsh exploitation.

In other words, deportation — in Maria’s case, for the crime of a fight with her sister — could be a sentence to years of forced labor, life in a violent gang … or death.

BAD DAY AT SCHOOL


It’s not clear how Maria got into the altercation at school with her sister; fights between siblings and friends in high school are hardly a rare or even terribly remarkable experience. But in this case, Estella told us, a school official reported her daughters’ fight to a social worker, who brought a police officer to Estella’s house for questioning.

As a result, Estella’s daughter was taken to Juvenile Hall. A year ago, she would have had access to a lawyer, who would have helped sort things out. If the fight had been serious or violent, she might have been placed on supervised probation.

But thanks to Newsom’s new policy, probation officers referred her to ICE and its agents swooped in, seized her, and shipped her to Miami.

Ultimately, a juvenile judge in San Francisco recommended Estella’s daughter be put on probation — but by that time, Maria was already in Florida, in a detention center run by a private company under contract to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR).

Detainees have no right to a public defender or free legal services. It’s often hard for their families to find out exactly where they are, so detainees wait in detention for immigration officials to decide what to do next.

Maria was fortunate that ORR recommended temporary reunification. Immigrant advocates say that Estella’s daughter is now back in the Bay Area with her family, but is still under deportation proceedings.

They note that one way parents can get their kids back from ICE is by giving up information — including the names, fingerprints, and addresses of other family members — to federal immigration authorities. But parents are not always willing to do that, especially if it could lead to other family members, including children, being deported.

As of press time, a super-majority on the Board of Supervisors is planning to override Newsom’s veto of Campos’ legislation at its Nov. 10 meeting. But the mayor has said he intends to ignore the Campos legislation — a posture that is not only legally questionable, but leaves immigrant parents facing the ongoing nightmare that their teens could get deported to a country they never knew for a crime they didn’t commit.

Immigrant advocates cite the case of a 14-year-old boy who is under ICE removal proceedings after he brought a BB-gun to school, and a Mexican youth who was deported, even though the District Attorney’s Office dismissed the robbery charges against him.

Patti Lee, managing attorney for the San Francisco Public Defender’s Office Juvenile Unit, described how the feds recently snatched a kid outside juvenile court, even though the District Attorney’s Office had dismissed his case.

"The kid was coming into court with his mother and the ICE agent had a photo of him, and grabbed him outside the building," Lee said. "His mom was hysterical and it was traumatic for our staff."

These are not isolated cases. ICE spokesperson Virginia Kice told us that 150 juveniles from San Francisco have been referred to ICE, and 114 have been taken into federal custody and transferred to detention facilities since Newsom ordered his policy change in 2008.

Immigration advocates say some of the kids have been sent to Yolo County, while others have been shipped to Oregon, Washington, Indiana, and Florida, making visits from family members, who may themselves be undocumented, extremely difficult.

Eric Quezada, an immigrant advocate and the executive director of Dolores Street Community Services, told us that while kids may try crossing the border to rejoin their families and friends, "lacking the serious dollars to come back, many are deported into extreme poverty or to be part of a gang."

Lee notes that federal immigration authorities have a duty to reunite children with their families. "But if the family is undocumented, its members are afraid to step forward, afraid to step into the Youth Guidance Center," Lee said. "So there are some children sent back to their alleged country of origin, without a family and resources. Because we can’t track them, that may be a death sentence."

DEATH MARCH


As a volunteer with No Mas Muertes (No More Deaths), a humanitarian camp in Arizona, SF Pride member Molly Goldberg has seen firsthand what being deported and trying to cross the border means to immigrants in terms of loss of dignity and life.

Arizona has been an immigrant rights testing ground for years. Shortly after its creation as an agency, the Department of Homeland Security provided millions of dollars to build a wall blocking the easiest terrain, forcing border crossers into the most rugged and dangerous areas, Goldberg said.

"They are bottle-necking it so folks cross in the most difficult, deadly area," she said.

Since the wall went up, the numbers crossing have gone down — but numbers dying have gone up. Goldberg said 184 people have died so far this year. But the numbers of dead could be much higher. "Because of the vultures and other scavengers, bodies are gone pretty quickly," she said.

This year, Service Employee International Union Local 1021 organizer Robert Haaland accompanied Goldberg to the border. Haaland says what he saw convinced him of the need for Campos’ amendment.

"I kept thinking about the Campos legislation in terms of seeing the impact of people crossing the border after being deported," Haaland said. He described a makeshift memorial to a 14-year-old El Salvadoran girl named Josseline whom smugglers left behind after she got sick from eating a bad can of tuna, according to her younger brother. He managed to cross the border, but Josseline died after wandering alone and without water in the border’s dry and inhospitable no man’s land for a week.

Others get left behind and die because they are wearing the wrong shoes and end up with badly blistered feet or are too weak to continue the grueling trek. Haaland recalled seeing water bottles that volunteers had left on the coyote trails but had subsequently been slashed, presumably by nativist vigilantes.

"The Border Patrol is using the desert as a weapon and harassing people who go to the border to give humanitarian aid," Haaland said.

That’s where some of the kids Newsom has sent for deportation will wind up.

WHERE ARE THEY NOW?


Although Newsom has made it clear he intends to keep referring kids to ICE, their whereabouts and fate under his policy remains somewhat of a mystery.

Kenneth Wolfe, a spokesperson for ORR, which is responsible for detained juveniles deemed "unaccompanied" (a category they could be placed in if they refuse to divulge the whereabouts of undocumented family members in the U.S.) said he can’t divulge their precise whereabouts because of juvenile confidentiality rules.

Wolfe told the Guardian that kids could be placed in juvenile halls or shelter-like facilities run by private contractors, depending on their crimes. He said ORR is required to report to Congress annually about the program, but the report for FY 2008-09 won’t be available for a few months.

In the meantime, Wolfe e-mailed the Guardian a copy of ORR’s 2007-08 report, which includes a map featuring colored circles to represent the numbers of apprehended kids based on Department of Homeland Security referrals.

The map shows that in 2007-08, less than 100 juveniles were apprehended in Los Angeles, New York, Philadelphia, and Washington; 100-250 were apprehended in San Diego; 1,000-1,600 in Phoenix; and 1,600-2,600 at the U.S.-Mexico border.

Presumably, next year’s map will include a colored circle around San Francisco, representing an apprehension rate similar to San Diego. But it probably won’t reveal which facilities these kids were sent to or whether they were ultimately deported, even though these kids were apprehended on the basis of referrals made by local city officials.

Nor will it show what the local community knows full well: that many deported kids cross back over the border to rejoin their families. Only now, because they have been deported, they are forced to go underground and are at risk if being recruited by gangs.

The federal government’s Unaccompanied Alien Children (UAC) program was transferred from ORR to the Department of Homeland Security in 2003. "The program is designed to provide for the care and placement of unaccompanied alien minors apprehended in the U.S. by Homeland Security agents, border patrol officers, or other law enforcement agencies and are taken into care pending resolution of their claims for relief under U.S. immigration law or released to adult family members or responsible adult guardians," reads the U.S. Catalog of Federal Domestic Assistance. "Resolution of their claims may result in release, granting of an immigration status (such as special immigrant juvenile or asylum), voluntary departure, or removal."

According to a 2008 ORR report, "a great number of UAC have been subjected to severe trauma, including sexual abuse and sexual assault in their home countries or on their journey to the U.S.: gang violence, domestic violence, traumatic loss of a parent, and physical abuse and neglect. In addition, UAC experience the increased probability of ongoing trauma as a result of their uncertain legal status and return to difficult life circumstances."

The report also notes that "UAC have indicated that, among other reasons, they leave their home countries for the U.S. to rejoin family, escape abusive family relationships in their home country, or find work to support their families in their home country."

ORR has approximately 7,200 UAC a year in its facilities, which are operated by organizations such as the U.S. Catholic Conference of Bishops and Lutheran Immigration and Refugee Services. There are more than 41 ORR-funded care provider facilities in 10 different states.

Last year’s ORR report noted that average length of stay in federal detention facilities is 55 days before children are released to family members and other sponsors, move into the adult system, or are returned to their home countries.

"As these programs increase and ICE increasingly places people in them, there’s a financial incentive to keep detaining people." Francisco Ugarte, an immigration lawyer with San Francisco Immigrant Legal and Education Network, told us.

But Abigail Trillin, staff attorney for Legal Services for Children, says ORR is doing a better job of handling juveniles than ICE did. "ORR has the right and obligation to try and place these kids in the least restrictive option," Trillin said. "But being reunified with your family does not in any way change the fact that you are under federal removal proceedings. So you still have a very significant risk of being deported alone to your country of origin."

Having a documented parent helps a juvenile make the case for staying in the U.S. permanently, as does having grounds for asylum. Having siblings who are U.S. citizens or having been here since you were a small child does not significantly help someone’s case.

But ending up in lockup can makes things worse. "If a child is in an ORR secure detention facility, they are less likely to fight their deportation case — a fight that could take up to two years — than if they were reunified with their family," Trillin said. "We have not yet seen a juvenile move from a secure facility to a foster home, but we have in the case of kids who are in ORR shelters for more than three months and have a legal case for staying."

Still, she said it’s possible a child could be flown to an airport in their country of origin without much subsequent support in most Latin American countries. "If they are Mexican, they are flown to the airport in Tijuana, and if there are no relatives, they are turned over to a child welfare agency in Mexico," Trillin said. "I don’t believe that level of cooperation exists elsewhere, though there might be some temporary shelters for them to wait in while their relatives are coming."

All countries of origin will have some involvement, Trillin noted, to the extent that they are contacted because all these kids need travel documentation. But that support is minimal. As she said, "Our country feels that it’s done its duty once the consulates are contacted."

LETTER OF THE LAW


In his Oct. 28 veto letter, Newsom claimed that the supervisors had changed the sanctuary ordinance by "restricting the ability of local law enforcement officers to report juveniles who are in custody after being booked for the alleged commission of a felony and are suspected of vioutf8g the civil provisions of our sanctuary ordinance."

But in a Nov. 2 response to Newsom’s veto, Campos countered that his amendment won’t shield anyone guilty of such crimes and he invited Newsom to publicly debate the issue. "The board and the people of San Francisco deserve to understand more fully why you intend to ignore this policy and the time-honored democratic processes followed in enacting it," Campos wrote. "At stake is the protection of innocent immigrant children that have been unjustly separated from their families."

He also accused Newsom of spreading misinformation about what federal law requires. "City officials have no affirmative legal duty under federal law to expend limited local resources and funding on immigration enforcement," Campos wrote, citing a July 1, 2008 public memo from the City Attorney’s Office and legal experts from Yale Law School, Stanford Law School, and UC Davis Law School who "have all agreed that there is no federal duty to inquire or report."

Noting that the City Attorney’s Office has made it clear that his proposed amendment is "a legally tenable measure," Campos concluded that "the point at which a referral of a minor is made to ICE is ultimately not a legal decision but a policy decision.

"Our criminal justice system rests on the principle that everyone is innocent until proven guilty; that is why providing youth an opportunity to contest a charge in court is a matter of basic due process," Campos continued. "The current policy is creating a climate of fear in immigrant communities, which means that immigrants who have been victims or witnesses to crimes are afraid to come forward."

The City Attorney’s Office has declined to comment on whether the mayor has the authority to ignore properly approved legislation. "We are not going to comment on legislation that’s still in the legislative process," City Attorney spokesperson Matt Dorsey told us.

But Campos believes the mayor lacks any such authority. "Can the mayor ignore legislation because he believes it’s illegal? Does he have the authority to have the final say? I don’t think so," said Campos, who is an attorney.

Trillin sees Newsom’s refusal to debate the issue with Campos as further confirmation that the Mayor’s Office doesn’t have a substantive argument that its sanctuary policy is a good one. "They can’t defend their position. They can’t win on substance," said Trillin, whose organization frequently provides legal guidance and support for immigrant youth.

She noted that the controversy that prompted Newsom’s policy change started with family reunification efforts. City officials were trying to reunite undocumented teenagers who were caught selling crack in downtown San Francisco with their families in Honduras when ICE officials intercepted them at George Bush Intercontinental/Houston Airport in December 2007 and May 2008.

These interceptions led U.S. Attorney Joe Russoniello, who opposed San Francisco’s sanctuary ordinance when it was introduced in the 1980s, to claim that flying youth back to their families without first referring them to ICE was tantamount to harboring criminals.

After the apprehended city officials claimed they were acting in accordance with San Francisco’s sanctuary ordinance, Russoniello convened a federal grand jury to investigate the city’s juvenile probation department. That investigation still hangs over JPD, even as Sen. Barbara Boxer mulls recommending candidates to replace Russoniello.

Meanwhile, right-wing activists have been blaming the city’s sanctuary policy for the tragic 2008 shootings of three members of the Bologna family, after they discovered that 23-year-old Edwin Ramos, the alleged killer and an MS-13 gang member, was apprehended by San Francisco’s juvenile justice system as a teen, but was never referred to the feds.

Facing this firestorm, Newsom caved to public pressure and followed the advice of Kevin Ryan, his Republican criminal justice director and the only prosecutor fired for cause during the 2006 U.S. attorneys firing scandal, by ordering that the city treat juvenile immigrants as adults, referring them to ICE at the moment of arrest on felony charges.

CHILDREN ON ICE


The same day supervisors approved Campos’ amendment, outgoing LAPD Chief William Bratton urged his department to keep its focus on fighting crime, not illegal immigration, plunging headfirst into the controversy over the federal 287(g) program.

Created in 1996 and expanded in the wake of 9/11 purportedly to counter terrorism and violent crime, the 287(g) program allows the federal government to enter into agreements giving local police the authority to enforce federal immigration laws. This has led many immigrants to mistrust and refuse to cooperate with local cops.

"My officers can’t prevent or solve crimes if victims or witnesses are unwilling to talk to us because of the fear of being deported," Bratton wrote in a Los Angeles Times opinion piece.

"I think what Chief Bratton is saying is different from what we are hearing in San Francisco" Campos said. "Mayor Gavin Newsom seems to be implying that San Francisco’s juvenile probation officers have no choice. But really, there is no law requiring them to refer kids to ICE. So it seems that what the mayor is doing is creating a de facto 287(g) program that gives local officers the power of federal agents."

That’s why Campos said it’s important for Newsom to participate in a public discussion of his intentions. "We need to ask the mayor if what he is saying is that JPD is an arm of ICE. If that’s the case, we need to know."

President Obama promised during the campaign that immigration reform would be part of his legislative agenda, but the White House hasn’t acted much on the issue. Yet immigration attorney Francisco Ugarte is hopeful that the tide is turning locally, as witnessed by the outpouring of support for Campos’ legislation. "Thirty-three percent of San Francisco residents are foreign-born," Ugarte observed. "That’s a really high number, a significant part of the constituency."

Russoniello told the Guardian that immigrants are not entitled to the same level of due process as citizens, implying that the U.S. has a two-tier criminal justice system. "There are citizens, and then there are people," Russoniello said.

Ugarte finds such arguments laughable. "The federal government has to make the argument that the Fourth Amendment does not apply to undocumenteds," Ugarte said. "These are hare-brained ideas that stem from hate and fear. The wonderful part of our country is that we have respect in the laws for all."

Ugarte believes that blaming the tragic Bologna murders on the city’s immigrant youth policy is like arguing that putting people on parole leads to crime. "Yes, there are going to be bad apples," Ugarte said. "But that doesn’t mean we can solve our problems by sending people to another country. L.A. thought it could get rid of gangs by deporting people to El Salvador. But guess what? They only grew the problem."

Patti Lee of the Public Defender’s Office doesn’t believe that the sanctuary policy will change unless the Board exerts financial pressure on Juvenile Probation. "I do not believe the policy will change because JPD is under orders from the mayor," Lee explained. "But JPD is supposed to comply with the legislation. So the Board of Supervisors, through its Public Safety Committee, could question JPD’s chief about his current process and why he isn’t complying with it. The board does have control over JPD’s budget, so it can put the squeeze on them."

"When police arrest and detain an undocumented child and bring them into detention charged with a felony, the minute they come in front gate, JPD has been directed to contact ICE," Lee said. "So we are not even aware until a day or two later, when we receive a police report or when we get a house list the next day, if someone is ICEed or not."

If the kids are unaccompanied and there are no family members in town, they typically go to juvenile lock-up for 30 days and then are released to ICE and get deported," Lee said.

"They are being ICEed even if they are adjudicated," Lee added, noting how her department got one youth’s charges reduced to misdemeanors but JPD reported the youth to ICE anyway, based on the current policy that any undocumented person booked on a felony should be reported at the moment of booking. "So they were ICEed without due process," Lee said. "And these are children."

Music listings

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Music listings are compiled by Paula Connelly and Cheryl Eddy. Since club life is unpredictable, it’s a good idea to call ahead to confirm bookings and hours. Prices are listed when provided to us. Submit items at listings@sfbg.com.

WEDNESDAY 11

ROCK/BLUES/HIP-HOP

Shareef Ali, Tenderloins, Middle Initials, Scotch and Bones Rock-It Room. 8:30pm.

All Time Low, We The Kings, Hey Monday, Friday Night Boys Regency Ballroom. 7pm, $22.

Chris Barron Swedish American Hall (upstairs from Café du Nord). 8pm, $15.

Burning the Masses, Enfold Darkness, Dismal Lapse, Fallujah, Witness the Horror Thee Parkside. 8pm, $8.

Tia Carroll and the Hard Work Biscuits and Blues. 8pm, $15.

Jesse DeNatale, Scott Nolan Hotel Utah. 9pm, $10.

Jad Fair, Grass Widow Hemlock Tavern. 8pm, $12.

Forget About Boston, Pills and Jackets, Frontwomyn Elbo Room. 9pm, $5.

Javelin, Lucky Dragons Knockout. 9pm, $8.

Lawrence Arms, Teenage Bottlerocket, Cobra Skulls, Druglords of the Avenues Bottom of the Hill. 8:30pm, $14.

Magik*Magik Orchestra, Birds and Batteries, Eric Jakabson Quartet San Francisco Conservatory of Music, 50 Oak, SF; www.sfcm.edu. 7pm, $40-100. Benefit for scholarship students at the San Francisco Conservatory of Music; line-up also features 49 Special, Edmund Welles: The Bass Clarinet Quartet, Pacific Guitar Ensemble, Venus Loops, and Bay Area DJs.

Pete and J, Blackstone Heist Red Devil Lounge. 8pm, $10.

Supersuckers, Last Vegas, Cockpit Slim’s. 8pm, $16.

Used, Almost, Drive A Warfield. 7:30pm, $29.

JAZZ/NEW MUSIC

"B3 Wednesdays" Coda. 9pm, $7. With Patrick Greene Organ Combo.

Blas River Trio Café du Nord. 9:30pm, $22.

Ben Marcato and the Mondo Combo Top of the Mark. 7:30pm, $10.

Marcus Shelby Jazz Jam Revolution Café, 3248 22nd St, SF; (415) 642-0474. 8:45pm, free.

"Meridian Music: Composers in Performance" Meridian Gallery, 535 Powell, SF; www.meridiangallery.org. 7:30pm, $10.

Leon Russell Yoshi’s San Francisco. 8pm, $35.

Tin Cup Serenade Le Colonial, 20 Cosmo Place, SF; (415) 931-3600. 7pm, free.

FOLK/WORLD/COUNTRY

Cook County Corrections, Sara Judge, Hyde West El Rio. 8pm, $5.

Gaucho, Michael Abraham Jazz Session Amneisa. 8pm, free.

Halau O Keikiali’l, Kumu Hula Kawika Alfiche Peña Pachamama, 1630 Powell, SF; (415) 646-0018. 7:30pm; $10.

Julian Marley feat. Stephen Marley, Javaughn, Gully Bank Sound System Independent. 9pm, $25.

Orquesta Borinquen Jelly’s, Terry Francois Boulevard, SF; (415) 399-9554. 7pm, $15-150. A fundraiser for the San Francisco International Arts Festival featuring special guests John Calloway, John Santos, Wayne Wallace, and more.

Somerville and Keehan Plough and Stars. 9pm.

DANCE CLUBS

Booty Call Q-Bar, 456 Castro; www.bootycallwednesdays.com. 9pm. Juanita Moore hosts this dance party, featuring DJ Robot Hustle.

Hands Down! Bar on Church. 9pm, free. With DJs Claksaarb, Mykill, and guests spinning indie, electro, house, and bangers.

Jam Wednesday Infusion Lounge. 10pm, free. DJ Slick Dee.

Open Mic Night 330 Ritch. 9pm, $7.

Qoöl 111 Minna Gallery. 5-10pm, $5. Pan-techno lounge with DJs Spesh, Gil, Hyper D, and Jondi.

RedWine Social Dalva. 9pm-2am, free. DJ TophOne and guests spin outernational funk and get drunk.

Respect Wednesdays End Up. 10pm, $5. Rotating DJs Daddy Rolo, Young Fyah, Irie Dole, I-Vier, Sake One, Serg, and more spinning reggae, dancehall, roots, lovers rock, and mash ups.

Synchronize Il Pirata, 2007 16th St.; (415) 626-2626. 10pm, free. Psychedelic dance music with DJs Helios, Gatto Matto, Psy Lotus, Intergalactoid, and guests.

THURSDAY 12

ROCK/BLUES/HIP-HOP

Anvil Chorus, Warning SF, Ghost Next Door Slim’s. 8pm, $14.

Ray Davies Warfield. 8pm, $42.50-59.50.

Distance from Shelter, Gnarboots, Tribe of Shadows, Noise Clinic Annie’s Social Club. 8pm, $7.

Dorado, Resin 7 Boom Boom Room. 9:30pm, $7.

Electric Six, Gay Blades, Millions of Brazilians Independent. 8pm, $16.

Fine Frenzy, Landon Pigg, Among the Oak and Ash Great American Music Hall. 8pm, $18.

Headlights, Anni Rossi, Pomegranates Café du Nord. 9pm, $12.

Inflight Nymphs, Blair Hansen El Rio. 9pm, $8.

Lawrence Arms, Teenage Bottlerocket, Cobra Skulls, For.The.Win Bottom of the Hill. 8:30pm, $14.

Loch Lomond, Dame Satan, Tether Horse Hotel Utah. 9pm, $8.

Michael Musika, Quinn DeVeaux and the Blue Beat Review, Loyd Family Players, Indianna Hale Rickshaw Stop. 7:30pm, $12.

New Maps of the West, Stella Royale, Catherine Anne Davis Bollyhood Café. 7pm, $5.

Off With Their Heads, Smalltown, Young Offenders, Detournement, Complaints Thee Parkside. 9pm, $8.

Sex Type Thing Red Devil Lounge. 8pm, $10.

Unauthorized Rolling Stones Biscuits and Blues. 8pm, $15.

Worker Bee, Jet Age, Crazies Will Destroy You Hemlock Tavern. 9pm, $6.

BAY AREA

Widespread Panic Fox Theater. 8pm, $45.

JAZZ/NEW MUSIC

Joe Bagale Amnesia. 9pm, $5. A tribute to Ray Charles.

Celia Malheiros Trio Yoshi’s San Francisco. 8pm, $20.

Michael Coleman Revolution Café, 3248 22nd St, SF; (415) 642-0474. 8:45pm, free.

Graham Connah Socha Café, 3235 Mission, SF; (415) 643-6848. 8:30pm.

Eric Kurtzrock Trio Ana Mandara, Ghirardelli Square, 891 Beach, SF; (415) 771-6800. 7:30pm, free.

Laurent Fourgo Le Colonial, 20 Cosmo Place, SF; (415) 931-3600. 7:30pm, free.

Lloyd Gregory Shanghai 1930. 7pm, free.

Marlina Teich Trio Brickhouse, 426 Brannan, SF; (415) 820-1595. 7-10pm, free.

Wally Schnalle Coda. 9pm, $7.

"SF Jazz Presents Hotplate: Joe Bagale Plays Ray Charles" Amnesia. 8pm, $5.

Shayne Steele Yoshi’s San Francisco. 10:30pm, $14.

Stompy Jones Top of the Mark. 7:30pm, $10.

FOLK/WORLD/COUNTRY

Banish the Dogs Plough and Stars. 9pm.

Jueves Flamencos Peña Pachamama, 1630 Powell, SF; (415) 646-0018. 8:15pm, 9:30pm; $10-12.

Shut-Ins Atlas Café. 8pm, free.

Theresa Perez and guests Duboce Park Café, 2 Sanchez, SF; (415) 621-1108. 7:30pm, free.

DANCE CLUBS

Afrolicious Elbo Room. 9:30pm, $5-6. DJs Pleasuremaker, Señor Oz, J Elrod, B Lee, and special guest DJ Tomas spin Afrobeat, Tropicália, electro, samba, and funk.

CakeMIX SF Wish, 1539 Folsom, SF. 10pm, free. DJ Carey Kopp spinning funk, soul, and hip hop.

Caribbean Connection Little Baobab, 3388 19th St; 643-3558. 10pm, $3. DJ Stevie B and guests spin reggae, soca, zouk, reggaetón, and more.

Data Beez DNA Lounge. 8pm, $12. Chip music with Minusbaby, Trash80, Starpause, Crashfaster, and more.

Drop the Pressure Underground SF. 6-10pm, free. Electro, house, and datafunk highlight this weekly happy hour.

Funky Rewind Skylark. 9pm, free. DJ Kung Fu Chris, MAKossa, and rotating guest DJs spin heavy funk breaks, early hip-hop, boogie, and classic Jamaican riddims.

Gymnasium Matador, 10 6th St., SF; (415) 863-4629. 9pm, free. With DJ Violent Vickie and guests spinning electro, hip hop, and disco.

Heat Icon Ultra Lounge. 10pm, free. Hip-hop, R&B, reggae, and soul.

Kick It Bar on Church. 9pm. Hip-hop with DJ Jorge Terez.

Kissing Booth Make Out Room. 9pm, free. DJs Jory, Commodore 69, and more spinning indie dance, disco, 80’s, and electro.

Koko Puffs Koko Cocktails, 1060 Geary; 885-4788. 10pm, free. Dubby roots reggae and Jamaican funk from rotating DJs.

Mercury Lounge 111 Minna. 5pm, $4. With DJ Masonic and MarsBassMan on the upright bass bringing you groovy downtempo mixed with classical.

Mestiza Bollywood Café, 3376 19th St., SF; (415) 970-0362. 10pm, free. Showcasing progressive Latin and global beats with DJ Juan Data.

Motion Sickness Vertigo, 1160 Polk; (415) 674-1278. 10pm, free. Genre-bending dance party with DJs Sneaky P, Public Frenemy, and D_Ro Cyclist.

Popscene 330 Rich. 10pm, $10. Rotating DJs spinning indie, Britpop, electro, new wave, and post-punk.

Represent Icon Lounge. 10pm, $5. With Resident DJ Ren the Vinyl Archaeologist and guest.

Solid Club Six. 9pm, $5. With resident DJ Daddy Rolo and rotating DJs Mpenzi, Shortkut, Polo Mo’qz and Fuze spinning roots, reggae, and dancehall.

FRIDAY 13

ROCK/BLUES/HIP-HOP

Cartel, This Providence, Summer Set, Dares Slim’s. 7:30pm, $18.

Chemystry Set, Love, Isabel, Luke Thomas Trio Hotel Utah. 9pm, $8.

Cy Curnin, Love Seat Trio Red Devil Lounge. 8pm, $12.

Dead To Me, Grant Hart, Started-Its Thee Parkside. 9pm, $10.

Distant Relatives El Rincon. 9pm, $5.

Foma, Like Trains and Taxis, Blood and Sunshine Rock-It Room. 8pm, $8.

Fuck Buttons, Growing Bottom of the Hill. 10pm, $10.

Glassjaw Regency Ballroom. 9pm, $25.

Mark Growden Cowell Theater, Fort Mason Center, Marina at Laguna, SF; www.brownpapertickets.com. 8pm, $25-55.

Insane Clown Posse, (hed) p.e., Dayton Family, Mars Warfield. 7pm, $30.

DJ Lebowitz Madrone Art Bar. 6-9pm, free.

Lover!, Splinters, Bass Drum of Death Hemlock Tavern. 9:30pm, $7.

My First Earthquake, Generationals, Attachments Café du Nord. 9:30pm, $14.

Orange Peels, Hollyhocks Make-Out Room. 7:30pm, $7.

Persephone’s Bees, Sonny and the Sunsets, Stilts, Thorny Brocky Knockout. 9pm, $7.

Pinback, Joe Jack Talcum Bimbo’s 365 Club. 9pm, $22.

Pomplamoose, Danielle Ate the Sandwich, Greet National Road Brainwash, 1122 Folsom, SF; (415) 861-3663. 8pm, free.

Psychology of Genocide, Farticus, Nerv Annie’s Social Club. 6-9pm, $5.

Raekwon Independent. 9pm, $30.

They Might Be Giants Fillmore. 9pm, $26.50.

BAY AREA

Buddy Guy, Elvin Bishop Marin Center, 10 Avenue of the Flags, San Rafael; www.marincenter.org. 8pm, $25-75.

Widespread Panic Fox Theater. 8pm, $45.

JAZZ/NEW MUSIC

Audium 9 1616 Bush, SF; (415) 771-1616. 8:30pm, $15.

Black Market Jazz Orchestra Top of the Mark. 9pm, $10.

Eric Kurtzrock Trio Ana Mandara, Ghirardelli Square, 891 Beach, SF; (415) 771-6800. 8pm, free.

Steve Gadd and friends Yoshi’s San Francisco. 8 and 10pm, $25.

Lucid Lovers Rex Hotel, 562 Sutter, SF; (415) 433-4434. 6-8pm.

Mr. Lonesome and the Blue Bells Revolution Café, 3248 22nd St, SF; (415) 642-0474. 8:45pm, free.

Proteges of Hyler Jones Shanghai 1930. 7pm.

Hannah Rifkin Socha Café, 3235 Mission, SF; (415) 643-6848. 8:30pm.

Lavay Smith and Her Red-Hot Skillet Lickers Biscuits and Blues. 8 and 10pm, $20.

FOLK/WORLD/COUNTRY

Acoustic Grateful Dead Music Plough and Stars. 9pm. With David Gans and Dave Stein.

Boca Do Rio Coda. 10pm, $10.

Café Flamenco Verdi Club, 2424 Mariposa, SF; (415) 861-9199. 8pm, $22.

Cuban Nights Peña Pachamama, 1630 Powell, SF; (415) 646-0018. 8:30pm; $19.95 with tapas.

Rapid Transit Acapella Duboce Park Café, 2 Sanchez, SF; (415) 621-1108. 7:30pm, free.

Rob Reich, Craig Ventresco Amnesia. 7pm, free.

Dawn Richardson and guests Dolores Park Café. 7:30pm, free.

Quijeremá Red Poppy Art House. 8pm, $12-15. Latin American fusion jazz.

Sol’Jibe Mojito, 1337 Grant, SF; (415) 596-3986. 10pm, $5.

DANCE CLUBS

Activate! Lookout, 3600 16th St; (415) 431-0306. 9pm, $3. Face your demigods and demons at this Red Bull-fueled party.

Bar on Church 9pm. Rotating DJs Zax, Zhaldee, and Nuxx.

Blow Up Rickshaw Stop. 10pm, $15. With DJs Jeffrey Paradise and Richie Panic spinning dance music.

Deviant Nation DNA Lounge. 10pm, $18. Rock and industrial with Kaura, Everything Goes Cold, Deconbrio, and more.

DJ T Mighty. 9pm, $8.

Exhale, Fridays Project One Gallery, 251 Rhode Island; (415) 465-2129. 5pm, $5. Happy hour with art, fine food, and music with Vin Sol, King Most, DJ Centipede, and Shane King.

Fat Stack Fridays Koko Cocktails, 1060 Geary, SF; (415) 885-4788. 10pm, free. With rotating DJs Romanowski, B-Love, Tomas, Toph One, and Vinnie Esparza.

Fo’ Sho! Fridays Madrone. 10pm, $5. DJs Kung Fu Chris, Makossa, and Quickie Mart spin rare grooves, soul, funk, and hip-hop classics.

Future 003 103 Harriet, 103 Harriet, SF; (415) 431-3609. 10pm, $13. With DJs Daedelus, James Pants, and Free the Robots.

Gay Asian Paradise Club Eight, 1151 Folsom, SF; www.eightsf.com. 9pm, $8. Featuring two dance floors playing dance and hip hop, smoking patio, and 2 for 1 drinks before 10pm. Gymnasium Stud. 10pm, $5. With DJs Violent Vickie and guests spinning electro, disco, rap, and 90s dance and featuring performers, gymnastics, jump rope, drink specials, and more.

I can’t feel my face Amnesia. 10pm, $3. With DJs EUG and J Montag.

Look Out Weekend Bambuddha Lounge. 4pm, free. Drink specials, food menu and resident DJs White Girl Lust, Swayzee, Philie Ocean, and more.

Lovebuzz Annie’s Social Club. 9pm, $5. DJs Jawa and Melody Nelson spin 90s, punk, and classic rock.

M4M Fridays Underground SF. 10pm-2am. Joshua J and Frankie Sharp host this man-tastic party.

Punk Rock and Shlock Karaoke Annie’s Social Club. 9pm-2am, $5. Eileen and Jody bring you songs from multiple genres to butcher: punk, new wave, alternative, classic rock, and more.

6 to 9 800 Larkin, 800 Larkin, SF; (415) 567-9326. 6pm, free. DJs David Justin and Dean Manning spinning downtempo, electro breaks, techno, and tech house. Free food by 800 Larkin.

Soulclap and Dance-off 111 Minna. 9pm, $5. With DJs ian Svenonius, Jonathan Toubin, Paul Paul, Jello Biafra, and Primo spinning some 45 rpm soul action.

Treat Em Right Elbo Room. 10pm, $5. Hip-hop and funk with DJs Vinnie Esparza, Josh B, and Doctor Delay.

Claude VonStroke Mezzanine. 10pm, $20. With DJ Solar.

SATURDAY 14

ROCK/BLUES/HIP-HOP

AC/DShe, High Voltage, Powerage Slim’s. 9pm, $14.

*Cash’d Out, Bone Cootes, Hobo Nephews of Uncle Frank Thee Parkside. 9pm, $10.

Crimson Ivy, Cynical Mass, Crash Faster Annie’s Social Club. 8pm, $8.

Josh Damigo, Tan Sister Radio, Jordan Epcar Brainwash Café, 1122 Folsom, SF; (415) 861-3663. 8pm, free.

Dear and the Headlights, Kinch, Distraction Fit Bottom of the Hill. 9pm, $12.

Destruments, Raw Deluxe Coda. 9pm, $7.

Zakiya Hooker Biscuits and Blues. 8 and 10pm, $20.

Jackopierce, Creede Williams Red Devil Lounge. 9pm, $25.

Victor Jones and Culture-Versy Boom Boom Room. 9:45pm, $12.

Mission of Burma, Erase Errata Independent. 9pm, $20.

Mountain Goats, Final Fantasy Fillmore. 9pm, $25.

Or, The Whale, Hello Kavita, Brothers Comatose Café du Nord. 9:30pm, $10.

Ty Segall, Baths, Culture Kids Amnesia. 9pm, $7.

Thunderheist, Winter Gloves 330 Ritch. 8pm.

Turks, Rats Eyes, La Guardia Hemlock Tavern. 9:30pm, $6.

White Flag Down, Aires and Graces Hemlock Tavern. 6pm, free.

BAY AREA

Widespread Panic Fox Theater. 8pm, $45.

JAZZ/NEW MUSIC

Audium 9 1616 Bush, SF; (415) 771-1616. 8:30pm, $15.

Eric Kurtzrock Trio Ana Mandara, Ghirardelli Square, 891 Beach, SF; (415) 771-6800. 8pm, free.

Steve Gadd and friends Yoshi’s San Francisco. 8 and 10pm, $25.

Janis Mercer San Francisco Community Music Center, 544 Capp, SF; http://sfcmc.org. 8pm, free.

Rob Modica and friends Simple Pleasures, 3434 Balboa, SF; (415) 387-4022. 8pm, free.

Jack Pollard Shanghai 1930. 7pm, free.

Regina Pontillo Revolution Café, 3248 22nd St, SF; (415) 642-0474. 8:45pm, free.

Ricardo Scales Top of the Mark. 9pm, $15.

Valerie Troutt and Classical Revolution Red Poppy Art House. 8 and 9pm, $12-15.

FOLK/WORLD/COUNTRY

Black Crown Stringband, Water Tower Bucket Boys Swedish American Hall, 2170 Market, SF; (415) 861-5016. 7:30pm, $15. A benefit for a rare form of leukemia.

Buraka Som Sistema Mezzanine. 9:30pm, $16. With DJ Shane King.

Hamsa Lila with Airto Moriera Regency Ballroom. 9pm, $28.

Johnson Girls Ship Balclutha, Hyde Street Pier, Fisherman’s Wharf, SF; (415) 561-6662 x33. 8pm, $14.

Klezmer en Buenos Aires JCCSF, 3200 California, SF; (415) 292-1233. 8pm, $35. With the Lerner Moguilevsky Dúo.

Roy McNamara Plough and Stars. 9pm.

Mystical Arts of Tibet Herbst Theater, 401 Van Ness, SF; (415) 392-4400. 8pm, $25-45. Featuring the multiphonic singers of Drepung Loseling monastery.

SF Hootenenny Night Café International, 508 Haight, SF; (415) 665-9915. 7pm, free. With Quake City Jug Band, Jugtown Pirates, and Blvd Park.

Yellow Dress, Maggie Morris Amnesia. 7pm, free.

DANCE CLUBS

BADNB Club Six. 9pm, $10. With DJs 2Cents, Method One, Mikebee, Push, and more spinning drum and bass.

Bar on Church 9pm. Rotating DJs Foxxee, Joseph Lee, Zhaldee, Mark Andrus, and Niuxx.

Bootie DNA Lounge. 9pm, $12. Mash-ups with DJ Tripp, Adrian and Mysterious D, and Dada.

HYP Club Eight, 1151 Folsom, SF; www.eightsf.com. 10pm, free. Gay and lesbian hip hop party, featuring DJs spinning the newest in the top 40s hip hop and hyphy.

Reggae Gold SF Endup. 10pm, $5. With DJs Daddy Rolo, Polo Mo’Quuz, and more spinning reggae, dancehall, and remixes all night.

Same Sex Salsa and Swing Magnet, 4122 18th St., SF; (415) 305-8242. 7pm, free.

Spirit Fingers Sessions 330 Ritch. 9pm, free. With DJ Morse Code and live guest performances.

Strength in Flavor DNA Lounge. 3-8pm, $15. Hip-hop with DJ Kool Herc, two on two dance battles, and more.

Tormenta Tropical Elbo Room. 10pm, $5. Electro cumbia DJs L-Vis 1990 and Bok Bok, plus Disco Shawn and Oro 11.

SUNDAY 15

ROCK/BLUES/HIP-HOP

Black Heart Procession, Bellini Independent. 8pm, $15.

Blacklist Knockout. 8pm, $10.

*Christ on Parade, Lewd, Eskapo, Kim Phuc Thee Parkside. 8pm, $8.

Dr. Mojo Boom Boom Room. 9:30pm, free.

Lloyd Gregory Biscuits and Blues. 8pm, $15.

Grant Hart, Blank Stares, Off Campus Hemlock Tavern. 8pm, $7.

David Lindley, John Hammond Great American Music Hall. 8pm, $25.

*Russian Circles, Young Widows, Helms Alee Bottom of the Hill. 9pm, $13.

Sippy Cups, Frances England Bimbo’s 365 Club. 1 and 4pm, $17.

20 Minute Loop, True Margrit, Griddle Bottom of the Hill. 1pm, $8.

White Tie Affair: The Traveling Talent Show, Every Avenue, Stereo Skyline, Runner Runner Slim’s. 7pm, $15.

JAZZ/NEW MUSIC

Steve Gadd and friends Yoshi’s San Francisco. 7pm, $25.

FOLK/WORLD/COUNTRY

David Choi Café du Nord. 8pm, $12.

Festa de São Martinho Horatius, 350 Kansas, SF; (415) 252-3500. 6pm, $35. With a performance by Ramana Vieira and featuring traditional Portuguese food.

Pokey LaFarge and the South City Three, Sour Mash Hug Band, Shovelman Amnesia. 9pm, $7-10.

Los Boleros Peña Pachamama, 1630 Powell, SF; (415) 646-0018. 7:30pm, 11:45pm; $10-12.

Makru Coda. 9pm, $7.

Playing for Change Band Palace of Fine Arts, 3301 Lyon, SF; www.ticketmaster.com. 8pm, $45.

Reduced to Ruin, Hang Jones Thee Parkside. 4pm, free.

Seisiún Plough and Stars. 4pm.

DANCE CLUBS

DiscoFunk Mashups Cat Club. 10pm, free. House and 70’s music.

Dub Mission Elbo Room. 9pm, $6. Dub, roots, and classic dancehall with DJ Sep, Ludichris, and guest Roommate.

Gloss Sundays Trigger, 2344 Market, SF; (415) 551-CLUB. 7pm. With DJ Hawthorne spinning house, funk, soul, retro, and disco.

Green Festival After Party 1015 Folsom. 8pm, $15. Featuring performances by Dead Prez, Speech of Arrested Development, and Hard Knock Radio’s Davey D and DJs Sake One, Wisdom with DJ Skwint and Seasunz, JBoogie, and more.

Honey Soundsystem Paradise Lounge. 8pm-2am. "Dance floor for dancers – sound system for lovers." Got that?

Jock! Lookout, 3600 16th; 431-0306. 3pm, $2. This high-energy party raises money for LGBT sports teams.

Kick It Bar on Church. 9pm. Hip-hop with DJ Zax.

Play DNA Lounge. 5pm-midnight, $30. House with DJ Ted Eiel.

Religion Bar on Church. 3pm. With DJ Nikita.

Stag AsiaSF. 6pm, $5. Gay bachelor parties are the target demo of this weekly erotic tea dance.

MONDAY 16

ROCK/BLUES/HIP-HOP

Big, Round, Rad Cloud, Pine Away El Rio. 8pm, $5.

DJ Spooky Independent. 9pm, $17.

Crystal Monee Hall Coda. 9pm, $7.

Lovvers, An Albatross, Fresh and Onlys, Religious Girls Elbo Room. 8:30pm, $10.

Terry Riley’s In C, Lickets, Julianna Barwich, DJ Stereo Steve and the World of Living Sound Café du Nord. 8pm, $10.

JAZZ/NEW MUSIC

Clarinet Thing Yoshi’s San Francisco. 8pm, $14.

"Jazz at the Rrazz" Rrazz Room, Hotel Nikko, 222 Mason, SF; 1-866-468-3399. 8pm, $25. With the Mike Greensill Trio and Noel Jewkes.

Lavay Smith Trio Enrico’s, 504 Broadway, SF; www.enricossf.com. 7pm, free.

FOLK/WORLD/COUNTRY

Homespun Rowdy, Bluegrass Jam Amnesia. 6:30pm, free.

DANCE CLUBS

Black Gold Koko Cocktails, 1060 Geary; 885-4788. 10pm-2am, free. Senator Soul spins Detroit soul, Motown, New Orleans R&B, and more — all on 45!

Death Guild DNA Lounge. 9:30pm, $5. Gothic, industrial, and synthpop with Decay, Joe Radio, and Melting Girl.

Going Steady Dalva. 10pm, free. DJs Amy and Troy spinning 60’s girl groups, soul, garage, and more.

King of Beats Tunnel Top. 10pm. DJs J-Roca and Kool Karlo spinning reggae, electro, boogie, funk, 90’s hip hop, and more.

Manic Mondays Bar on Church. 9pm. Drink 80-cent cosmos with Djs Mark Andrus and Dangerous Dan.

Monster Show Underground SF. 10pm, $5. Cookie Dough and DJ MC2 make Mondays worth dancing about, with a killer drag show at 11pm.

Network Mondays Azul Lounge, One Tillman Pl; www.inhousetalent.com. 9pm, $5. Hip-hop, R&B, and spoken word open mic, plus featured performers.

Spliff Sessions Tunnel Top. 10pm, free. DJs MAKossa, Kung Fu Chris, and C. Moore spin funk, soul, reggae, hip-hop, and psychedelia on vinyl.

TUESDAY 17

ROCK/BLUES/HIP-HOP

Blue Rabbit, Valerie Orth Band, Deborah Crooks, Tiffany Petrossi, Monica Pasqual Café du Nord. 8pm, $12.

Body or Brain, Finish Ticket Bottom of the Hill. 9pm, $8.

BrokeNCYDE, Breathe Electric, Watchout! There’s Ghosts, Blood on the Dance Floor DNA Lounge. 7:30pm, $14.

Julian Casablancas Regency Ballroom. 8pm, $33.

Flobots Slim’s. 8pm, $15.

Flood, City of Ships, Kowloon Walled City Knockout. 10pm, free.

Foxtail Somersault, Threadspinner, Tomihira Elbo Room. 9pm, $6.

Little Claw, Talk Normal, Short Hair Hemlock Tavern. 9pm, $7.

Ron Thompson Union Room at Biscuits and Blues. 8pm, $10.

Whigs, Features Independent. 8pm, $14.

JAZZ/NEW MUSIC

"Booglaloo Tuesday" Madrone Art Bar. 9:30pm, $3. With Oscar Myers.

Dave Parker Quintet Rasselas Jazz. 8pm.

Euliptian Quartet Socha Café, 3235 Mission, SF; (415) 643-6848. 8:30pm.

"Jazz Mafia Tuesdays" Coda. 9pm, $7. With Shotgun Wedding Quintet.

MO Jazz Simple Pleasures, 3434 Balboa, SF; (415) 387-4022. 8pm, free.

Ricardo Scales Top of the Mark. 6:30pm, $5.

FOLK/WORLD/COUNTRY

Lea Grant, Andy Pratt El Rio. 8pm, free.

Slow Session Plough and Stars. 9pm. With Vince Keehan and friends.

DANCE CLUBS

Alcoholocaust Presents Argus Lounge. 9pm, free. With DJs What’s His Fuck, Classic Bar Music, and Denim Yeti.

Drunken Monkey Annie’s Social Club. 9pm-2am, free. Rock ‘n’ roll for inebriated primates like you.

Eclectic Company Skylark, 9pm, free. DJs Tones and Jaybee spin old school hip hop, bass, dub, glitch, and electro.

La Escuelita Pisco Lounge, 1817 Market, SF; (415) 874-9951. 7pm, free. DJ Juan Data spinning gay-friendly, Latino sing-alongs but no salsa or reggaeton.

Rock Out Karaoke! Amnesia. 7:30pm. With Glenny Kravitz.

Share the Love Trigger, 2344 Market, SF; (415) 551-CLUB. 5pm, free. With DJ Pam Hubbuck spinning house.

Shout at the Devil Red Devil Lounge. 8pm, free. Karaoke with a smoke machine and heavy metal tunes.

Womanizer Bar on Church. 9pm. With DJ Nuxx.


10 terms to ban from erotica FOREVER

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By D. Scot Miller

hush1109.jpg

Reviewing sex for the Guardian is a blast! Straight up. I get to peruse pornografica for pay. How sweet is that? It’s my hope to begin exploring my sexual self for all the world to see! OK, that’s kind of scary too, but a good kind of scary. Throughout the gamut of emotions I plumb while “doing” sex in my own writerly way, the one I most despise is boredom Sex should never, never-ever, be boring. When the mind glazes over with ennui around good-ol’ ruttin’, it’s time to check-in; step up your game.

This is what I find in a lot of the erotica/porn writing I review. Nothing kills a moment like cliche’. And nothing says cliche’ better than tired/lazy language. A poorly placed piece of trite breaks the spell of seduction and turns the whole affair into just another pick-up line. But I’m here to help, I really am, and I ‘ve come up with 10 terms that writers should avoid at all costs when writing sex. Drumroll please:

The pension fund evictions

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news@sfbg.com

In the wake of some big money-losing real estate deals, the California Public Employee’s Retirement System, the largest public pension fund in the nation, is reviewing its investment policies. But it’s too late to help working-class people displaced by two major CalPERS investments.

In 2006, at the height of the real estate bubble, CalPERS put $600 million into real estate deals in New York City and East Palo Alto that, critics say, have led to rent hikes, displacements, and harassment of moderate-income tenants.

The pension fund invested $100 million in Page Mill Properties II, which used the money, along with a sizable bank loan from Wachovia, in a 2006 building-purchase frenzy. The outfit wound up with more than 100 buildings in East Palo Alto — some 1,800 housing units. Another $500 million went to Tishman Speyer Properties and BlackRock Realty, cash that was used in the $5.4 billion deal to snag the Manhattan apartment complexes Stuyvesant Town and Peter Cooper Village.

Those investments are currently teetering on financial ruin. The San Jose Mercury News reported Sept. 9 that Page Mill Properties missed a $50 million dollar balloon payment on its $243 million loan. Now the properties owned by Page Mill are in receivership, placing the landlord’s future and CalPERS’ investment in peril. (Our calls to Page Mill haven’t been returned.)

A Sept. 9 New York Times article quoted real estate analysts predicting that Tishman Speyer and BlackRock would exhaust their funds by December and face loan defaults. A recent New York state court ruling may hold the companies responsible for an estimated $200 million in improper rent overcharges.

Rent overcharges — in violation of rent-control laws — is one piece of what some have labeled "predatory equity" schemes. A May 9, 2008 Times article described the idea: buy rental housing with a lot of middle-income tenants, remove those tenants from rent-controlled units, and re-rent the places to richer people at higher rent. The outcome was supposed to be a quick, profitable return on high-risk investments.

TROUBLE IN EAST PALO ALTO


The Page Mill properties in East Palo Alto border the more affluent neighborhoods of Palo Alto and Menlo Park on the west side of Highway 101. The neighborhood is home to service workers and public employees, many of them people of color. "It’s choice real estate, no question about it. I don’t think Page Mill’s plan was to serve the low-income tenants," Andy Blue of the advocacy group Tenants Together told us.

But local officials haven’t been thrilled with the results. "We are under siege by Page Mill Properties," East Palo Alto Mayor Ruben Abrica told the Mercury News last month. The city is locked in several court battles with the real estate outfit, including two over the city’s rent stabilization ordinance.

A resolution passed by the City Council last year stated that Page Mill had imposed rent increases beyond the 3 percent allowed by the ordinance, and urged CalPERS to intervene.

In an document e-mailed to CalPERS and obtained by Tenants Together, Page Mill claims its rent increases averaged 9 percent. But a class-action suit filed by several Page Mill tenants reported increases of more than 30 percent. A 2008 injunction filed by the city against Page Mill cited increases ranging from 5 percent to 40 percent.

According to the Fair Rent Coalition’s Web site, nearly half the people affected were cost-burdened as defined by government standards — meaning that more than 30 percent of their income already went to rent. The result of the rent increases, according to the city’s resolution, was the displacement of low-income tenants from their homes.

In fact, vacancy rates in East Palo Alto spiked after Page Mill came on the scene. According to numbers crunched by the Fair Rent Coalition and based on 2007 census data, the vacancy rate reached 24 percent in 2008. Before Page Mill started buying up property, vacancy rates were as low as 2 percent. Further, there were 182 evictions between 2007 and 2009 according to the San Mateo County Sheriff’s Office.

RAW DEAL IN MANHATTAN


The Tishman Speyer deal has gotten a lot of press on the East Coast — much of it highly critical. The two massive housing complexes were built for middle-income renters and were one of the few moderate-income communities remaining in Manhattan.

David Jones, president of the Community Service Society of New York, wrote in a Sept. 17 Huffington Post piece that it was the intention of Tishman Speyer to shove aside moderate income to make room for more affluent renters who can afford the higher rents. He called it a "classic example of ‘predator equity.’"

Dina Levy, who works with the New York advocacy group Urban Homesteading, agrees with that assessment. She told us in a phone interview that it was obvious what plans the real estate firms had in mind for the properties.

She said that CalPERS, as a public agency, should have been more careful about getting involved in this sort of investment. She told us that other bankers she talked to thought the deal was toxic and stayed away. "Why would CalPERS put money into a deal that’s predicated on displacing families?" Levy asked.

The Wall Street Journal reported Oct. 23 that CalPERS is extensively reviewing its relationship with Apollo Global Management, which handled a majority of its real estate equity. The fund also issued a new policy on its dealings with placement agents.

But so far, there has been no public investigation of the East Palo Alto and New York investments. Tenancy advocacy groups and East Palo Alto have asked CalPERS to take an active role in the management of Page Mill’s property.

"It doesn’t appear that the human impact of their investments were considered at all as part of this," Tenants Together executive director Dean Preston told us.

Preston’s group is trying to get CalPERS to adopt predator-free investment guidelines — a policy that already has been instituted by New York’s pension fund.

CALPERS DUCKS


In a February letter to Tenants Together, CalPERS called itself a "limited partner in the partnership" and expressed concern over the situation in East Palo Alto, stating that it is reviewing the allegations.

But tenant advocates say the giant fund has been missing in action. "There hasn’t been anything that they’ve told us they’ve been doing or that we’ve seen them do," Preston said.

That hands-off approach appears to violate CalPERS’ stated policies. Two months before allocating funds to Page Mill, CalPERS coauthored and signed the United Nations Principles for Responsible Investment (UNPRI). No. 2 of the six principals states: "We will be active owners and incorporate ESG [environmental, social, and corporate governance] issues into our ownership policies and practices."

CalPERS has been eyeing real estate windfalls since 2002. According to memos and letters given to us by the Fair Rent Coalition, agency staffers that year were discussing an "opportunistic real estate fund." The result of those discussions: discretionary authority given to the senior investment officer for investments up to $100 million, with anything beyond that requiring approval from the chief investment officer.

Paradoxically, the compensation package that rates the senior investment officer’s performance has no provision for the social responsibilities. This coming year’s compensation package now includes a "Best Practices" measure on ethics and risk management. But there’s still no provision for social responsibility.

The California Assembly Committee on Public Employees, Retirement, and Social Security monitors the pension fund, but CalPERS has autonomous authority over its investments. Chief consultant Karon Green told us that the committee is "going to watch to see what the board does and gauge our response based on that."

CalPERS has yet to respond to our inquiries, and hasn’t responded to our public records request for documents pertaining to what Page Mill and its CEO David Taran proposed for the East Palo Alto properties.

Similar requests were made by Tenants Together and the Fair Rent Coalition. CalPERS responded that those documents were confidential, although some e-mails were handed over to the advocacy groups the day before they were to meet with the CalPERS board in December 2008.

Although it calls itself a "limited partner," the e-mails illustrate a closer relationship between CalPERS and Page Mill. In an e-mail to CalPERS, Taran asked for a copy of the public records request made by a San Jose journalist so "we can review them and get back to you regarding what should not be produced and is confidential."

Preston points to the larger policy issue. "If there were a few bad real estate managers who were investing in this, then they should lose their jobs," he said. "But the idea that they just sweep under the rug their $100 million loss in East Palo Alto and their $500 million loss in New York, and whatever other schemes they’re involved in, is just unacceptable."

Christopher Lund, a Page Mill tenant and communications director for the Fair Rent Coalition, agrees. "They’ve gotten burned on some of these high-risk investments over the past year or two. But institutional memory is short and in 10 years when the real estate market is booming, if there’s no transparency and no oversight, this is going to happen somewhere else."