Ross Mirkarimi

Slipping away

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By Amy Yannello

Note: This article has been corrected from an earlier version.

As she had done countless times before, Gloria Davidson sat and waited for her son to be brought into the courtroom. His hands and feet were shackled, and his blue uniform branded him as different — someone to be judged apart from the rest of the crowd in this room.

His crime? Aaron Davidson has schizophrenia.

On that day earlier this year, which Gloria recounted and shared with the Guardian in a recent interview, he faced charges for violating one of five restraining orders against him — but he didn’t understand what he’d done to deserve them, his mother said.

“The neurons and synapses in his brain fire inappropriately and he sees and hears things that are not really there,” Gloria explained. “As a result, his responses to his perceived reality are often unwarranted or make no sense,” she continued, “or frighten the people around him.” Aaron could neither speak coherently nor acknowledge that his actions had led to restraining orders, she said.

In his case, the judge deemed Aaron “incompetent to stand trial” and sent him to Napa State Hospital for treatment. He remains there, where he’ll turn 36 later this month.

Davidson is one of three Bay Area mothers with adult sons at NSH to push for full, statewide implementation of Laura’s Law.

Known formally as “assisted outpatient treatment” (AOT), the law is named for Laura Wilcox, a 19-year-old college student who lost her life when Scott Harlan Thorpe, a man with a persistent and severe mental illness who had stopped taking his medication, shot and killed her and a coworker at a Nevada City mental health clinic.

While Thorpe, then 41, was in too deep of a state of psychosis to benefit from AOT at the time of the shootings, his family, psychiatrist, and the Wilcoxes all believed that if the legislation had been in effect even six months earlier, when Thorpe’s family first noticed he’d stopped taking medication, the tragedy could have been averted.

 

DEBATE ON INVOLUNTARY TREATMENT

Through AOT, an individual’s family, doctor, or trusted third party may advocate to a judge that a patient is at risk of decompensation — serious psychological deterioration making it impossible to function independently — if left untreated. In very narrow circumstances, a judge may order a person to receive AOT as a condition of being allowed to continue living independently.

Currently, only Nevada, Los Angeles and Yolo counties have embraced the law, which allows courts in very limited circumstances to compel into treatment those residents who are too ill to know they are ill.

This “lack of insight” — a neurological condition known as “anosognosia” — is said to affect upward of 40 percent of people with serious mental illnesses.

Gloria Davidson and Teresa Pasquini, another mother of a mentally ill NSH patient, are now pushing for Laura’s Law implementation in Contra Costa County. They’re joined by a third mother, Candy DeWitt, who founded a project called Voices of Mothers Project to bring together parents of people suffering from anosognosia. Alameda County’s Behavioral Health Care Services has issued a report recommending to its Board of Supervisors that it approve a one-year AOT pilot project. The issue is expected to be taken up at the BOS’ Oct. 28 meeting, where it would need a majority vote to be approved, DeWitt said. 

Laura’s Law isn’t without its detractors. “Where does it end?” asked Dan Brzovic, an attorney based in the Oakland office of Disability Rights California. “Pretty soon, we’ll have people saying that anyone with a mental illness cannot think for themselves.”

“The moral issue is that people who are competent to make choices for themselves must be given that right,” he continued. “That’s if they have the capacity. If they don’t, then there are involuntary treatment options already on the books, like conservatorship.”

But the debate surrounding Laura’s Law and mental health service delivery goes deeper, since underlying questions remain about whether dedicated funding has translated to sufficient levels of care. Each of the three mothers told the Guardian that their sons — all deemed to be suffering from “serious mental illness” — never received adequate treatment as they moved through California’s fragmented and broken public mental health system, despite the advent of Proposition 63, the 2004 ballot initiative that created California’s Mental Health Services Act.

A staggering report released in mid-August by State Auditor Elaine Howle brings this claim into focus. According to the audit, the California Department of Mental Health and the Oversight and Accountability Commission have exercised such “minimal oversight” since MHSA went into effect that the state has “little assurance” that $7.4 billion has been used “effectively and appropriately.” That amount represents the total funding generated by the MHSA — which imposes a 1 percent tax on personal income in excess of $1 million — from 2006 to 2012.

In response to these revelations, Rose King, a co-author of Prop. 63 who previously served as a consultant for then-Attorney General Bill Lockyer, stated, “No county has been required to demonstrate its accountability for any spending or program choices. The public — and state officials — have no idea whether counties have improved county mental health systems, whether spending complies with the law, and whether private contractors have delivered promised services.”

 

“WASTE, FRAUD, MISMANAGEMENT”

The MHSA ramped up services for some 600,000 adults and children in the public mental health system, bringing in $1 billion per year in dedicated funding for the treatment of serious mental illness.

But beyond patients tracked via Medi-Cal, no one tracks the true number of uninsured patients served. There isn’t a data system capturing all the clients or services tied to MHSA funds, making outcomes impossible to track with accuracy.

Some funding has gone to client advocacy groups who actively oppose Laura’s Law. Disability Rights California and the California Network of Mental Health Clients, both opponents of AOT, received $3 million and $1.5 million in MHSA grants respectively. These groups believe voluntary services should be the only programs to receive funding through MHSA and have actively threatened to sue counties that have tried to implement Laura’s Law.

Some of the very people who campaigned hardest for MHSA have since become watchdogs monitoring its implementation. They include King, who lost both a husband and son to suicide due to lack of treatment for their severe mental illnesses, and Pasquini — whose only son is languishing in NSH with a diagnosis of schizophrenia and a felony charge for an alleged assault on a fellow patient while on the incorrect medication.

These embattled mothers say they’ve observed a system awash in “waste, fraud and mismanagement.” They also charge that the system results in disproportionate services for what King terms the “worried well” — people merely experiencing life’s ups and downs — in many cases to the neglect of those struggling with what’s classified as “serious mental illness.”

 

MISSPENDING OF FUNDS DESIGNATED FOR PREVENTION?

Under the MHSA, only a specified population may receive treatment using these funds. Patients must have been diagnosed with “serious mental illness,” amounting to psychological problems that are severe enough to prevent an individual from functioning independently without assistance should they go untreated.

But critics like King and DJ Jaffe of the Mental Illness Policy Org. (MIPO), a national think tank that has been critical of California’s management of MHSA monies, contend that the 20 percent of MHSA funds designated for Prevention and Early Intervention (PEI) programs are instead being funneled into programs with little connection to mental illness treatment.

The MHSA specifically limits PEI dollars to programs that “prevent mental illnesses from becoming severe or disabling” or that “limit the duration of untreated mental illness.”

Yet King contends that these funds have been used instead to underwrite social service programs ranging from domestic violence prevention and parenting classes, to social skills for disadvantaged youth — all good causes that are nevertheless “not legitimate recipients” of money intended for mental illness treatment, King says.

 

CONFLICT-OF-INTEREST ALLEGATIONS

Jaffe’s organization has seized on the PEI expenditures as a violation of the MHSA, turning a skeptical eye on the 16-member Mental Health Services Oversight and Accountability Commission.

In 2011, according to a MIPO analysis, more than $23 million in PEI grants went to advocacy organizations and service providers with direct financial ties to both OAC commissioners and committee members. MIPO characterized it as “insider dealing” and a violation of California conflict-of-interest laws.

OAC committee member Rusty Selix, a lobbyist and Prop. 63 co-author, dismissed the MIPO report, saying, “I don’t see any conflict.”

Selix added that unpaid OAC board members recuse themselves from voting whenever it’s deemed to be necessary. And he defended a system where stakeholders, such as consumers and family members, also serve on committees, saying, “You can’t expect to include them in the process without crisscrossing some stakeholders who also receive MHSA grants.”

Jaffe took a different tack. “The problem, besides the blatant conflict-of-interest,” countered Jaffe, “is how these PEI monies are being spent. And they’re not being spent to help the seriously mentally ill,” he continued. “Yet year after year, they’re getting approved. Millions and millions of taxpayer dollars that were supposed to go to treat the sickest among us are being spent on social programs.”

 

NOT ENOUGH BEDS

Some believe the broad issue of funds not making it to the intended target population might be playing out within the microcosm of San Francisco. In 2010-11, the most recent available data, San Francisco County received $23 million in MHSA funding, 75 percent of which was earmarked for direct services.

But that money hasn’t gone toward ensuring that there are enough beds for treating mentally ill patients, according to Geoff Wilson, president of the Physicians’ Organizing Committee. Wilson’s organization reported that as of August, San Francisco General Hospital had dropped to 19 emergency psychiatric beds, down from 88 two years ago.

“It’s unconscionable. We’ve got the highest 5150 rate in the state,” Wilson told The Guardian, referring to 72-hour psychiatric holds imposed by law enforcement. We’re not saying ‘lock everyone up,’ we’re just saying that for people who need it, the beds need to be there, and there’s barely any left in the city.”

Wilson explained the cuts by saying that when Medi-Cal stopped paying for the care — essentially “raising the bar” for what it took to keep someone in a psychiatric inpatient bed — the county slashed the number of beds because it “simply wasn’t profitable” to keep them open.

Asked to respond to this claim, SFDPH spokesperson Eileen Shields told the Guardian that only Barbara Garcia, the agency director, was in a position to respond. But Garcia was out of town and unavailable for comment.

According to the POC’s Dr. Cameron Quanbeck, it costs $250 per day to house inmates in jail, compared with $1,700 per day for hospital care. In March, Sheriff Ross Mirkarimi testified before the Mental Health Board that the jail system had become the “default” place for people with mental illness, identifying more than 70,000 contacts with Jail Psychiatric Services in 2012 alone.

 

LAW ENFORCEMENT AND LAURA’S LAW

According to the U.S. Department of Justice, 16 percent of inmates have a severe mental illness, making jails and prisons the largest de facto psychiatric treatment facilities. The National Sheriff’s Association has come out in support of AOT laws in all 50 states.

Pasquini says her son could have benefited from AOT, and she believes that “AOT should be a mandated MHSA program in every county to prevent tragedy and intervene with the criminalization of mental illness.”

Since his initial diagnosis of schizo-affective disorder at 16, Pasquini’s 31-year-old son has had more than 70 emergency contacts with law enforcement and/or ambulance personnel, most of them resulting in 5150 holds.

He is now a patient at NSH, where “he wants to die every day, and I don’t blame him,” continued Pasquini. “It’s a reality for him. His illness has progressed, because every time you have a ‘break,’ you get a little worse. He’s the perfect candidate for Laura’s Law.”

 

Guardian forum sparks lively discussion

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We had a packed house last night for our community forum on the future of the Bay Guardian and the progressive movement in the Bay Area, with lots of great input, advice, gratitude, and just a bit of acrimony. It was even more informative and inspiring than we had hoped for and we appreciate everyone coming out and speaking so frankly.

As Sup. David Campos (who just announced his candidacy for the California Assembly) said last night, “The Bay Guardian has been the conscience of the [progressive] movement and I think it’s important for the Guardian to continue to play that role,” and that’s a role that the new generation of Guardian leaders will continue playing while also reaching out to a new generation of Guardian readers.  

We’ll have a full rundown in next week’s paper, along with an extended letters to the editor section to make up for shutting down online comments this week, so for now let me just offer a brief overview. In addition to Campos, the crowd of around 100 people included Sup. John Avalos, Sheriff Ross Mirkarimi, and City College of San Francisco Trustees Rafael Mandelman and Chris Jackson.

The crowd also included Todd Vogt, CEO of the San Francisco Print Media Company, who got an earfull from progressive activists Gabriel Haaland, Chris Cook, and others over the abrupt departure of longtime Guardian Editor Tim Redmond in June, with concerns expressed over the Guardian’s credibility and editorial autonomy.

Both Vogt and those on the Guardian’s panel — which included (from right in the photo above) Publisher Marke Bieschke, Editor Steven T. Jones, Music Editor Emily Savage, Senior A&E Editor Cheryl Eddy, Art Director Brooke Robertson, and News Editor Rebecca Bowe — emphasized that the Guardian has full editorial autonomy and control over what we cover and how, and who we endorse. The mission of the paper — “To print the news and raise hell,” and to be an indispensible guide to Bay Area arts and culture — hasn’t changed.

We’re all still digesting everything what was said last night (both at the forum in the LGBT Center and an informal session afterwards at Zeitgeist that went late), and we will be factoring it into what we do and continuing this ongoing conversation with all of you. We also welcome everyone’s input and advice, which you can send to us at news@sfbg.com.

A special thanks to Alix Rosenthal for moderating the public input — and to everyone who came — for somehow keeping the comments and questions clear, concise, and constructive.

Onward!

UPDATE: Journalist Josh Wolf has written an excellent summary of the forum here at on the Journalism That Matters website. Check it out.

8/6 UPDATE: We just turned comments back on after shutting them off for a week-long experiment.

Immigrants vulnerable to domestic violence

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In San Francisco Sup. John Avalos’ District 11, half of all residents were born outside the U.S. In Sup. Jane Kim’s District 6, more than a third of residents are foreign-born, and almost half speak a language other than English.

Given the sizable immigrant population in San Francisco, it may not come as a surprise that Secure Communities (S-Comm), a federal immigration program administered by the U.S. Immigration and Customs Enforcement (ICE), is highly unpopular. What might not be so obvious is how dramatically S-Comm can impact the lives of foreign-born women who are survivors of domestic violence.

The reason for this is simple. “If you are a victim or a survivor of domestic violence and you call the police, you do not want to end up deported,” Beverly Upton of the San Francisco Domestic Violence Consortium explained at a July 23 rally, where advocates from organizations such as Mujeres Unidas y Activas, Causa Justa, the Filipino Community Center, and others stood and held banners demonstrating opposition to S-Comm. “We want it to be safer to call the police, not less safe.”

A member of Mujeres Unidas y Activas who introduced herself as Lourdes and spoke through a translator delivered a personal account of feeling fearful of police as well as an abusive partner. “Many times, abusers tell us not to call the police, because the police will not believe us. They say the police will probably deport us.”

The domestic violence and immigrant community advocates were there to champion Avalos’ Due Process for All Ordinance, which is being introduced at today’s Board meeting and is co-sponsored by seven other supervisors, essentially guaranteeing its passage. Avalos himself didn’t speak, and Sups. David Campos and Board President David Chiu, co-sponsors of the legislation, sent female staff members to make statements on their behalf as part of the all-female roster of speakers.

The legislation prohibits law enforcement officials from detaining individuals solely in response to immigration detainer requests issued by immigration authorities under S-Comm. As things stand, “the request has been honored in many cases,” Avalos explained in comments to the Guardian, even though California Attorney General Kamala Harris has affirmed that local law enforcement agencies are not obligated to comply with ICE detainers because they are mere “requests” and not legally binding. Since 2010, according to data provided be Avalos’ office, 784 San Franciscans have been deported after being turned over to federal authorities due to ICE detainers.

Sup. Jane Kim called S-Comm “a giant step backward when it comes to equality and fairness,” and added that S-Comm “makes our neighborhoods less safe.”

Legal Counsel Freya Horne read a statement on behalf of San Francisco Sheriff Ross Mirkarimi, stating that the sheriff has reduced the number of ICE detainers leading to deportations, and was supportive of Avalos’ legislation. She added that Mirkarimi had made it a policy to honor immigration detainer requests only in cases of criminal convictions of serious or violent felonies.

Avalos said he was compelled to move the legislation forward because “I’ve talked to so many people whose families have been separated, and have been devastated,” due to deportations under S-Comm. “We want to make sure we’re maintaining a level of due process,” he added, since the detainer requests are routinely issued without warrants or a requirement to show probable cause.

Due Process for All ordinance may offer better protection for domestic violence victims

In San Francisco Sup. John Avalos’ District 11, half of all residents were born outside the U.S. In Sup. Jane Kim’s District 6, more than a third of residents are foreign-born, and almost half speak a language other than English.

Given the sizable immigrant population in San Francisco, it may not come as a surprise that Secure Communities (S-Comm), a federal immigration program administered by the U.S. Immigration and Customs Enforcement (ICE), is highly unpopular. What might not be so obvious is how dramatically S-Comm can impact the lives of foreign-born women who are survivors of domestic violence.

The reason for this is simple. “If you are a victim or a survivor of domestic violence and you call the police, you do not want to end up deported,” Beverly Upton of the San Francisco Domestic Violence Consortium explained at a rally this afternoon, where advocates from organizations such as Mujeres Unidas Activas, Causa Justa, the Filipino Community Center and others stood and held banners demonstrating opposition to S-Comm. “We want it to be safer to call the police, not less safe.”

A member of Mujeres Unidas y Activas who introduced herself as Lourdes and spoke through a translator delivered a personal account of feeling fearful of police as well as an abusive partner. “Many times, abusers tell us not to call the police, because the police will not believe us. They say the police will probably deport us.”

The domestic violence and immigrant community advocates were there to champion Avalos’ Due Process for All Ordinance, which is being introduced at today’s Board meeting and is co-sponsored by seven other supervisors, essentially guaranteeing its passage. Avalos himself didn’t speak, and Sups. David Campos and Board President David Chiu, who were co-sponsors of the legislation, sent female staff members to make statements on their behalf as part of the all-female roster of speakers.

The legislation prohibits law enforcement officials from detaining individuals solely in response to immigration detainer requests issued by immigration authorities under S-Comm. As things stand, “the request has been honored in many cases,” Avalos explained in comments to the Guardian, even though California Attorney General Kamala Harris has affirmed that local law enforcement agencies are not obligated to comply with ICE detainers because they are mere “requests” and not legally binding. Since 2010, according to data provided be Avalos’ office, 784 San Franciscans have been deported after being turned over to federal authorities due to ICE detainers.

Sup. Jane Kim called S-Comm “a giant step backward when it comes to equality and fairness,” and added that S-Comm “makes our neighborhoods less safe.” 

Legal Counsel Freya Horne read a statement on behalf of San Francisco Sheriff Ross Mirkarimi, stating that the sheriff has reduced the number of ICE detainers leading to deportations, and was supportive of Avalos’ legislation. She added that Mirkarimi had made it a policy to honor immigration detainer requests only in cases of criminal convictions of serious or violent felonies.

Avalos said he was compelled to move the legislation forward because “I’ve talked to so many people whose families have been separated, and have been devastated,” due to deportations under S-Comm. “We want to make sure we’re maintaining a level of due process,” he added, since the detainer requests are routinely issued without warrants or a requirement to show probable cause.

Alerts: July 17 – 23, 2013

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Wednesday 17

Panel: Upholding the People’s Right to Know ILWU Local 34 Hall, 801 Second St, SF. 7-9pm, free. It seems the phrase “whistleblower” is on everyone’s lips these days, and upholding the public’s right to know about government policies and actions is critical. Closely related is the right of the press to perform its job without fear of government reprisal. Join panelists Larry Bush, San Francisco political ethics and open-government activist and journalist; Peter Phillips, president, Media Freedom Foundation/Project Censored; Tracy Rosenberg, executive director of Media Alliance and Josh Wolf, freelance videographer-journalist for this important discussion on freedom of the press, government transparency, and the freedom of information.

 

Friday 19

Forum: The re-entry process and the Black community Rasselas Jazz Club, 1534 Fillmore, SF. sfblf2002@yahoo.com. 6-8pm, free. Join an informational forum with community experts on the re-entry process, and how it impacts the black community. The discussion will be led by Sheriff Ross Mirkarimi, Chief Adult Probation Officer Wendy Stills, and Public Defender Jeff Adachi’s Representative, Attorney Vilaska Nguyen. The discussion will focus on the re-entry policy and procedure, as well as its possible consequences, challenges and opportunities for the black community.

 

Friday 19

San Francisco Living Wage Coalition third annual awards dinner Janitors Local 87 Hall, 240 Golden Gate Avenue, SF. livingwage-sf.org, sflivingwage@riseup.net. 6:30pm, $35 in advance. Come out in support of a community that is working to improve economic conditions for all workers. Olga Miranda, president of Janitors Local 87, will be presented with the Labor Woman of the Year Award, and the Labor Man of the Year Award goes to Mike Casey, president of UNITE HERE Local 2 and president of the San Francisco Labor Council.

 

Saturday 20

Laborfest event: Kick the high rent monopoly goodbye Musician’s Union Hall, 116 9th St., SF. info@thecommonssf.org. 11am-3pm. Join a group of housing rights advocates, renters, gamers and friends for prizes, fine music and food. Play monopoly by the old rules and then a different set of rules designed to upend the housing market for working people.

 

Alerts

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Wednesday 19

Discussion: Latinos and the criminal justice system Eric Quezada Center, 518 Valencia, SF. www.sflatinodemclub.com. 7-8pm, free. Join SF Public Defender Jeff Adachi, Sheriff Ross Mirkarimi, Criminal Justice Network for youth program manager Roselyn Berry, and Haywood Burns of the Institute for Juvenile Justice, Fairness and Equity for a frank discussion on how the Latino community is affected by systemic aspects of the criminal justice system. The discussion will cover immigrant offenders, the city’s Sanctuary City policy, restorative justice, and juvenile crime. Moderated by Mike Alonso. Sponsored by the SF Latino Democratic Club.

Author Jonathan Alter on Obama — and his enemies St. John’s Presbyterian Church, 2727 College, Berk. $12 advance. www.brownpapertickets.com, (800) 838-3006 This event features the author of The Center Holds: Obama and His Enemies, a book that portrays the president at an historic moment. Alter offers “fresh details about the Koch brothers, Grover Norquist, and the online haters who suffer from ‘Obama Derangement Syndrome,'” according to the KPFA announcement. “He portrays the Obama analytics geeks working out of ‘The Cave’ and the man who secretly videotaped Mitt Romney’s infamous comments on the ’47 percent.'” This is a benefit for KPFA.

 

Thursday 20

Screening of ‘War on Whistleblowers: Free Press & the National Security State’ Berkeley Fellowship of Unitarian Universalists’ Hall, 1924 Cedar, Berk. http://www.bfuu.org. 7-9pm, $5–$10 suggested donation. A timely screening of a documentary featuring four stories of whistleblowers who took action because they wanted to expose government corruption, misconduct or wrongdoing. Sponsored by the BFUU Social Justice Ctee as part of our Conscientious Projector Series for the 99% For more, visit www.waronwhistleblowers.com

 

Last gasp ends the sordid Mirkarimi saga

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A San Francisco judge has dismissed a defamation lawsuit against Sheriff Ross Mirkarimi and his wife, Eliana Lopez, which is likely to be the last step in an ugly and protracted political, legal, and administrative battle stemming from Mirkarimi grabbing Lopez’s arm during an argument on Dec. 31, 2011.

The couple’s neighbors, attorney Abraham Mertens and his wife, Ivory Madison, reported the grabbing incident to police over the objections of Lopez, who had sought advice from Madison and allowed her to film a short but emotional video displaying a bruise on her arm, which became the main evidence against Mirkarimi.

That exploded into a high-profile drama in which Mirkarimi was vilified by the media, charged with domestic violence and witness dissuasion, pleaded guilty to misdemeanor false imprisonment, suspended without pay for six months by Mayor Ed Lee, and finally reinstated to office by the Board of Supervisors in October.

Along the way, the two couples – who are still neighbors, despite Mirkarimi’s efforts to sell his house and move – became increasingly bitter public rivals. Lopez consistently denied being abused and implied to reporters that Mertens and Madison had political motives for breaking her confidence and reporting the incident to police. Mertens and Madison maintained that Mirkarimi tried to dissuade their cooperation with police – an allegation that the long investigation failed to substantiate – and blasted Mirkarimi and Lopez in a San Francisco Chronicle op-ed.

Other than that, Madison and Mertens refused to talk to the press as the saga unfolded – a stance they maintained today, with a man who answered the phone at the Red Room website business they run immediately telling us, “They’re not interested in talking.”

But Madison, who went to law school before becoming a fantasy writer, did let loose in June when she submitted a wild, incredible 22-page declaration to the Ethics Commission as part of the city’s effort to permanently remove Mirkarimi on official misconduct charges, purporting to describe the tyrannical way the Mirkarimi ran the household, as Madison claimed she was told by Lopez (which she disputes).

The commission criticized and gutted the declaration, finding that it was prejudicial and contained little usable evidence. Commissioner Paul Renne even dressed down the deputy city attorneys for submitting it, calling it “clearly hearsay, clearly having the intention of poisoning the well of this hearing,” causing Deputy City Attorney Peter Keith to apologize and explain they had little to do with the declaration because Madison had hired a private attorney who helped her prepare it.

The couple and their attorney have threatened to sue Mirkarimi and Lopez for more than a year, and they finally filed the defamation case in January, and it has now been quickly dismissed. Domestic violence advocates and allies of Mayor Lee also threatened a recall election against Mirkarimi, but that also seemed to wither late last year – meaning this is probably the last we’ll hear about this case, at least until Mirkarimi runs for reelection in two years, if he decides to do so.

Asked to comment on the lawsuit’s dismissal, Mirkarimi told the Guardian, “My family and I are very happy and have moved forward, and I hope they are too.” His attorney, David Waggoner, told us, “Hopefully, the dismissal represents the end of what has been a long and painful experience for everyone involved.”

Wiener’s dance mix: more DJs mixed with fines for “bad actors”

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DJs could proliferate in San Francisco’s bars, restaurants, coffee shops, and plazas under legislation that Sup. Scott Wiener introduced today to include DJs under the city’s limited live music permits, but the legislation also includes new enforcement powers to crackdown on underground parties and other unpermitted events.

Limited live music permits – which are far cheaper and easier to obtain than the city’s full-blown Place of Entertainment permits ($385 compared to around $2,000 for the POE permits) – were created in 2011 by legislation sponsored by then-Sup. Ross Mirkarimi, allowing amplified performances until a 10pm curfew. But DJs were left out, despite their prevalence in San Francisco, something Wiener is now trying to correct.

“Entertainment and nightlife are an essential part of San Francisco’s cultural and economic vibrancy,” Wiener said today in a press release announcing the proposal. “This legislation fosters live entertainment while also heightening our ability to monitor and regulate bad actors.”

It’s that last part that doesn’t sit well with everyone, particularly given San Francisco’s pervasive culture of throwing underground parties, which are key fundraising tools for grassroots efforts such as Burning Man camps but which are the targets of periodic crackdowns by the SFPD and other agencies. It seems that when it comes to nightlife, we always have to take some medicine whenever City Hall offers a spoonful of sugar.

The legislation would give the Entertainment Commission the authority to levy $100 fines to those involved with unpermitted parties, either in established clubs or underground warehouses, whereas now the commission only has the authority to punish those who have permits for violating them.

“Punishing a DJ playing at a party in which the promoter didn’t get the proper permits (perhaps unbeknownst to the DJ), would be unfair and inappropriate, in my opinion,” was how DJ/Promoter Syd Gris from Opel Productions and Opulent Temple reacted to the legislation.

But Entertainment Commission Executive Director Jocelyn Kane told us she doesn’t expect to fine an DJs. While she asked Wiener for those enforcement powers, they are simply a way of encouraging promoters and business owners to get permits. “We’re not into punishment, we’re into compliance,” she said, adding that this is simply seeking authority to do administratively what the SFPD and California Alcoholic Beverage Control Administration can now to criminally and civilly.

Tom Temprano, president of the Harvey Milk LGBT Democratic Club and a DJ/promoter at the popular Hard French parties, told us “where I really want clarification is on the new enforcement powers for the commission,” although he agreed with Kane that the commission generally works cooperatively with the nightlife community, far more than either the SFPD or ABC.

“All in all, it’s a really good step in the right direction,” Temprano said of the Wiener legislation. “It seems really positive. As a DJ, allowing DJs to be used for limited live performances is just common sense.”

Kane said the legislation will allow music to flourish in the city, from outdoor plazas to small venues, many of which have used DJs illegally. “We’ll be able to legalize that and bring them into the fold,” she said. “There always have been places that use a DJ like a jukebox.”

In addition to the relatively cheap application cost compared to POE permits, limited live music perhaps are quick and easy to obtain and don’t necessarily require city inspections paid for by the applicant.

In his press release, Wiener praised the importance of nightlife to the city economy and cited a city study he commissioned last year which found that nightlife has a $4.2 billion impact on San Francisco, employing 48,000 people and furnishing the City with $55 million in tax revenue annually.

“We need to encourage a flourishing nightlife that not only marks San Francisco as a cultural capital, but also creates jobs and brings in revenue for essential City services,” Wiener said. “These amendments are part of that broader strategy.”

Democratic Party tries to block non-Democrats

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Once again, the San Francisco Democratic Party is considering ousting local Democratic clubs that endorse non-Democrats in nonpartisan races. It’s crazy, and it goes back to the Matt Gonzalez era, and I don’t understand why somebody keeps bringing it up. But there it is.

The local party operation, run by the Democratic County Central Committee, has to rewrite parts of its bylaws this year anyway, thanks to changes in state election law. (For one thing, terms on the DCCC will now run four years, not two, and elections will coincide only with presidential primaries.)

And among the proposed changes is an item to ban chartered Democratic clubs from endorsing, say, a candidate for San Francisco supervisor or school board who isn’t a registered Democrat.

Now: It’s always been pretty clear that if you’re a part of the Democratic Party, and your club has official party sanction, you shouldn’t be endorsing Republicans (or even Greens) over Democrats. So Dem clubs have to support Dems for president, Congress, etc. (Of course, with our top-two primaries it’s possible, if highly unlikely, that a race for state Assembly could now feature a pair of candidates neither of whom is a Democrat, which would make things sticky. And under the proposed bylaws, a Democratic Club could still chose one of them.)

But never mind that — the real issue is local government. Local races, by state law, are nonpartisan, and there ahve been plenty of progressive candidates who weren’t registered Dems. In fact, this all goes back to the anger the establishment ginned up after Matt Gonzalez, a Green, very nearly toppled Gavin Newsom for mayor — with the support of a lot of progressive Democrats. The Harvey Milk Club went with Gonzalez and some Newsomite tried to make an issue of the Club’s charter.

Jane Kim was a Green when she was first elected to the School Board. Ross Mirkarimi was elected supervisor as a Green. And while the Green Party is in something of a state of disarray right now, it could make a comeback. And perhaps more important, the fastest-growing group of voters is decline-to-state — and it’s pretty likely that we’ll see someone who isn’t a member of any party run for office in the next few years.

There’s a reason the state Constitution made local races nonpartisan — and there’s no reason Democrats can’t endorse the candidates they think are the best in those races, without regard to party affiliation. The Milk Club, not surprisingly, is strongly against this, and so am I. It comes up Dec. 23; let’s shoot it back down.

 

Eviction of activist/gardener squatters follows HANC’s eviction

55

About 20 activist gardeners were thrown out of the old Haight Ashbury Neighborhood Council (HANC) Recycling Center space today, when Sheriff’s Department deputies and four park rangers surrounded the old HANC site and ordered them to leave.

It’s the second eviction on the same site this winter, as the recycling center that has been there for over 30 years before being ousted by city officials responding to neighborhood complaints about low-income recyclers. HANC was initially evicted on Dec. 27. In the wake of its closure, about 20 or so renegade gardeners set up a campground with their own urban gardening center in the space — with free seeds, soil, mulch and borrowable gardening tools for the community. 

The gardeners, wrapped in sleeping bags and inside tents, had a rude awakening this morning around 6am. At least 30 members of the Sheriff’s Department, led by Sheriff Ross Mirkarimi, announced that they were trespassing and had five minutes to leave. 

“It was right at sun-up, and I was in my sleeping bag,” said Joash Bekele, a 28 year old environmental activist. “We thought they were coming [yesterday], we were up all night — worrying that they’d come.”

They didn’t have long to gather their gear, and a lot of their tools were left in the now locked HANC site, said Ryan Rising, one of the key organizers of the group. Most importantly, they lost their newly built miniature greenhouse, which they constructed themselves.

“A lot of this is about food justice,” Rising said. It’s a better alternative to the community garden that the Recreation and Parks Department (RPD) plans to build in the space, he said, because it would encourage community input in everything they do. 

“It would be a neighborhood space,” he said. 

RPD officials did not respond to emails before press time (UPDATED BELOW).

The group is now out on the sidewalk beside HANC, on Frederick Street. Along the fence of the old recycling center sits bags of soil and mulch, books on gardening, and a sign that reads “Welcome to the Golden Gate Recology Center.” 

The now-evicted gardeners answered questions about gardening from passers by, and offered tips on sustainable cooking and gardening to anyone who happens by with a question.

The group of “renegade gardeners” are meeting tonight to discuss their next plan of action, which may include staying on the sidewalk outside HANC, or finding a new space altogether, Rising said. 

The Sheriffs Department didn’t reach us by press time for comment (UPDATED BELOW), nor did Mirkarimi. A park ranger at the site, William Ramil, said that the eviction was a peaceful, orderly one.

As Ramil described the scene, we stood outside the locked gate to HANC. Three cars pulled up, a Lexus, a Saturn, and a Honda Hybrid, all customers looking for the recycling center.

Andrew Herwitz, behind the wheel of the Saturn, was surprised to see HANC closed. “Having places that are community-run are so important,” he said.

He said he was heading to the Safeway on Market Street with his recycling now, begrudgingly.

UPDATE 1/7: Sheriff’s Department spokesperson Kathy Gorwood disputed reports that there were about 30 deputies at the scene, but confirmed that the evictions were peaceful and with no arrests made, declining further comment. RPD spokesperson Sarah Ballard told us, “The Department is pleased to be moving forward with the neighborhood-supported plan for a community garden at the site.”

White men behaving (very) badly

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Could it be — the worst year ever?

I keep asking. And every time the Offies come around, I find myself boggled yet again. Our awards for the very worst — the dumbest, the most tasteless, the most truly offensive acts of the year past — keep sinking lower and lower.

But what can we do? There are still Republicans, and this year a lot of them ran for high office, and every single one made a fool of himself. There are still politicians who think you can run for San Francisco supervisor even if you live in Walnut Creek, and elected leaders who find the courage deep in themselves to prevent a bunch of old men from walking around with their sagging asses and limp dicks out.

There are still entertainers who punch psychics, and gun nuts who blame mass murder on TV sex, and … well, a whole lot of people who have made this a banner year for the Offies.

 

SUPPORT OUR BRAVE, HEROIC TROOPS! (EXCEPT THE MEN WHO FUCK MEN)

The audience at a Republican presidential primary debate booed a gay solider who called in from Iraq with a question about don’t ask, don’t tell.

 

FROM A GUY WHO HAD TO BUY OXYCONTINS AND VIAGRA ON THE STREET, THIS SORT OF THING IS AN OBVIOUS CONCERN

Rush Limbaugh attacked law student Sandra Fluke, calling her a “slut” and a “prostitute” because she testified that health-care plans should cover contraceptives.

 

THERE ARE MEN SO BRILLIANT THAT WE STAND IN AWE OF THEIR INTELLECT

Mitt Romney said he really liked Michigan because the trees were all the right height.

 

GIVING NEW MEANING TO THE 1 PERCENT

Herman Cain proclaimed that for every woman who claimed he sexually harassed her, there were a thousand others who didn’t.

 

IF WE WANTED A DRESS CODE ON AIRLINES, WE’D START WITH THOSE DREARY PILOT UNIFORMS

An American Airlines pilot kicked a woman off a flight for wearing a shirt that said “if I wanted the government in my womb I’d fuck a senator.”

 

PROBLEM IS, BUSH MADE THAT ONE A CABINET-LEVEL POSITION

Rick Perry proclaimed in a debate that he was going to do away with three agencies of the federal government, but after listing Commerce and Education, he couldn’t remember what the third one was, identifying it only as “oops.”

 

FOR SOMEONE WHOSE NAME MEANS ASS-CUM JUICE, THAT’S A REALLY PRETTY PICTURE

Rick Santorum said that he’d listened to John F. Kennedy’s speech on the separation of church and state and it made him want to throw up.

 

LOOK! UP AT THE RAMPARTS! THE MAN WITH THE HAIR!

Donald Trump, mistakenly believing Romney won the popular vote but lost the election, called the election “a sham and travesty” and called for “revolution.”

 

BUT HE COULD HELP THEM OUT WITH A FEW BINDERS FULL OF WOMEN

Romney insulted the British by saying the nation didn’t appear ready to host the Olympics.

 

FINE, JUST TAKE RICK PERRY WITH YOU

More than 50 thousand people signed a White House petition asking for permission for Texas to secede.

 

GUNS DON’T KILL PEOPLE, ATHEISM AND OVERSTIMULATED GLANDS DO. HAPPY FRIDAY, SHOOTERS!

On the same day that a gunman opened fire at a showing of the Dark Knight movie in Colorado, the National Rifle Association’s magazine sent out a tweet that read: “Good morning, shooters! Happy Friday.”

A Congressman from Texas, Louie Gohmert, argued that the Dark Knight shootings happened because of “ongoing attacks on Judeo-Christian beliefs.”

Mike Huckabee blamed the massacre in Newtown, CT on atheism. “We ask why there is violence in our schools, but we have systematically removed God from our schools,” Huckabee said on Fox News. “Should we be so surprised that schools would become a place of carnage?”

Timothy Bordnow at Tea Party nation said the shooting was caused by too much sexual stimulation in the media . “There is a reason why young people commit these sorts of crimes, and sex plays no small part. Their passions are eternally inflamed, and they wander the Earth with no outlet for their overstimulated glands.”

Megan McArdle, the Daily Beast writer, urged the victims of mass shootings to gang-rush the shooter so he wouldn’t kill as many people.

The head of the National Rifle Association said the only way to stop mass murders of school children is to post armed guards in every school.

 

WOW — THE DISTRICT 8 SUPERVISOR HAS BEEN OVERWHELMED BY A COUPLE OF OLD MEN’S FLACCID DICKS

Sup. Scott Wiener promoted a ban on public nudity in San Francisco.

 

WHEN YOU’RE A MAJOR LOSER, EVEN MONEY CAN’T BUY YOU LOVE

Michael Breyer, who has never been elected to anything, spent roughly $1 million trying to win a state Assembly seat as the candidate of “traditional San Francisco values,” and lost badly.

 

AND THESE PEOPLE ARE COOPERATING WITH HOMELAND SECURITY?

Confetti thrown in the Giants parade turned out to be lightly shredded internal police documents that included home addresses and social security numbers of officers.

 

GUESS IT’S OKAY TO PERJURE YOURSELF IF YOU’RE THE MAYOR

Mayor Ed Lee testified under oath that he’d never discussed the Ross Mirkarimi case with members of the board of Supervisors, although friends of Sup. Christina Olague said she’d been open about her talks with the mayor on the topic.

 

NOW, WHICH ONES ARE THE IRON MONSTERS OF DEATH?

A San Francisco bicyclist who was allegedly trying to beat a speed record crashed into and killed a 71-year-old man in the Castro.

 

UNFORTUNATELY, THERE’S NO MALPRACTICE STATUTE GOVERNING THAT AUGUST PROFESSION

Political consultant Enrique Pearce oversaw perhaps the worst district election campaign in history, helping Olague become the first incumbent ever to lose in ranked-choice voting in SF.

 

SOMEHOW, REPRESENTING WALNUT CREEK AT CITY HALL DIDN’T SEEM LIKE SUCH A GOOD IDEA

Union official Leon Chow dropped his challenge to Sup. John Avalos when the SF Appeal revealed that he didn’t live in District 11, or even in San Francisco.

 

 

WHEN MEN ARE JUST TOTAL DICKS: THE GOP REDEFINES RAPE

1. Divine providence rape (Rick Santorum): “The right approach is to accept this horribly created .. gift of life, accept what God is giving to you.”

2. Honest Rape (Ron Paul): “If it was an honest rape, that individual should go immediately to the emergency room.”

3. Forcible Rape (Paul Ryan): Federal law should prevent abortion except in the case of “forcible rape.”

4. Emergency Rape (Linda McMahon): “It was really an issue about a Catholic Church being forced to issue those pills if a person came in with an emergency rape.”

5. Legitimate Rape: (Todd Akin): “If it was a legitimate rape, the female body has ways to try to shut that whole thing down.”

 

CALL IT BIEBER RAGE; IT’S DANGEROUS SHIT

After a Justin Bieber concert, Lindsay Lohan punched a psychic in the face at a New York nightclub, then threw her personal assistant out of the car.

 

YEP, AND IT DOESN’T LOOK ANY BETTER THE SECOND TIME

Romney’s campaign manager said that his candidate would change his right-wing positions for the fall campaign: “It’s almost like an Etch-A-Sketch. You can kind of shake it up and we start all over again.”

 

AND IF HE GOES WITH THEM, IT WILL ALL BE WORTH WHILE

Newt Gingrich proposed sending 13,000 Americans to the Moon and creating a new state there.

 

AND WE ALL WONDER WHY THE MEDIA IS DOING SO SMASHINGLY WELL THESE DAYS

After Gabby Douglas became the first black woman to win the Olympic gold medal in all-around gymnastics, the news media reported on problems with her hair.

 

AND YOUR VIEW OF THE WORLD IS OVER, OVER, OVER, OVER

Justice Antonin Scalia, in defending his argument that sodomy is legally equivalent to murder, told law students at Princeton that the Constitution is not a living document, it’s “dead, dead, dead, dead.”

 

MAKES YOU WONDER ABOUT THE POOR SOUL WHO CAME IN AT 99

Kim Kardashian fell 90 places, to 98, on AskMen Magazine’s list of the worlds 100 most desirable women.

 

SADLY, “GOTTA CATCH ‘EM ALL” DOESN’T MAKE SUCH A GREAT CAMPAIGN SLOGAN

Herman Cain said his life’s philosophy came from a Pokemon song.

 

WE’RE GLAD THAT HIS FAITH HAS GIVEN HIM SUCH AN UPLIFTING ATTITUDE

Romney said he’s “not concerned about the very poor.”

 

HE WAS PROBABLY SHITFACED, TOO, BUT SINCE HE DOESN’T DRINK HE CAN’T REMEMBER THAT EITHER

Romney said he didn’t remember beating up a gay student at his prep school and cutting off his long hair.

 

IT’S A GOOD THING MONDAY NIGHT FOOTBALL ISN’T LOOKING FOR ANOTHER JOHN MADDEN

A full 78 percent of Americans thought Ryan Seacrest was doing a good job broadcasting from the Olympics, although most of them couldn’t figure out what he was actually doing.

 

HE ALSO TOLD US THAT TAX CUTS AND DEREGULATION WOULD IMPROVE THE ECONOMY, SO HE’S GOT A WINNING RECORD HERE

Karl Rove on election night kept insisting the Romney still had a chance to win.

 

TALK ABOUT A BLOWN COVER

David Petraus resigned as CIA director after an affair with a woman who was threatening another woman who might have had a thing for him.

 

TOO BAD — HE MIGHT HAVE HAD TO SEEK ASYLUM IN THE NEW REPUBLIC OF TEXAS

A petition to allow every American to punch Grover Norquist in the dick was removed from the White House website.

 

WE’RE WITH THE GOVERNMENT OF BELIZE; THIS MAN IS “BONKERS”

One-time software mogul John McAfee fled Belize claiming the cops would persecute him after he was sought for questioning in the shooting death of his neighbor — using a body double, faking a heart attack, pretending he was crazy, and winding up in Miami.

 

IT SUCKS TO BE STINKING RICH AND OWN FOUR HOUSES AND HAVE TO LIVE WITH REJECTION

Ann Romney was deeply depressed that her husband didn’t win the election, telling friends she though it was their fate to move into the White House.

 

AND WHEN ASKED IF SOMEONE THAT MORONIC COULD ACTUALLY RUN FOR PRESIDENT, HE SAID “I’M A REPUBLICAN, MAN”

Marco Rubio, when asked about the age of the Earth, said “I’m not a scientist, man.”

 

EASY — THE ONES WHO ARE GETTING PAID ARE THE ONES PRETENDING TO BE INTERESTED IN NASTY OLD FRENCHMEN

After Dominique Strauss-Kahn was held overnight in Lille to be questioned about possible connections between a prostitution ring and orgies he attended in Paris and Washington, his lawyer said: “I challenge you to distinguish a naked prostitute from any other woman.”

 

DUDE — THAT’S THE TERRITORY OF SERIOUS LOSERS

Vice-presidential candidate Paul Ryan lied about his time in the marathon.

 

GO AHEAD, CLINT — MAKE OUR DAY

Surprise guest speaker Clint Eastwood addressed GOP convention delegates for 12 minutes, during which he carried on an imagined dialogue with an empty chair he identified as President Obama.

 

AND YES, HE DID GET A FAIR AMOUNT OF THE STUPIDITY VOTE

Santorum told a gathering of conservatives in Washington, “We will never have the elite, smart people on our side.”

The new board president

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The last time the San Francisco supervisors elected a new board president, the progressives got a swift kick in the ass. David Chiu, who had been elected to the top slot two years earlier with the unanimous support of progressives, disappointed some of his allies and wasn’t going to get their votes. But he wanted to keep his job, so he turned to the conservatives — and with the support of the folks on the right, he won another term. The he turned around and put the center-right folks in charge of some key committees. Price of the deal.

Now he’s looking for a third two-year term — but this time there aren’t any easy alliances. Several of his colleagues are also in the running, from across the political spectrum. And nobody right now has the magical six votes.

Scott Wiener on one side, David Campos on the other, Jane Kim closer to Chiu … somebody’s going to have to back down or cut a deal. And that’s where these things tend to get squirrly.

Me, I think Campos would be perfect for the job, not only because I agree with him most of the time but because he’s reliable, fair, and cares about public empowerment and input. That wouldn’t be to Chiu’s advantage — the two are likely to be facing off in a tough state Assembly contest when Tom Ammiano is termed out in two years, and the last thing Chiu would want is to have his rival in such a high-profile spot. So it’s not likely either of those two will be voting for the other.

I haven’t always agreed with Kim, but she’s more on the progressive side than not, and she’s really smart. You could see that as she took apart the city attorney’s arguments during the Ross Mirkarimi debate. Wiener has one of the most ambitious legislative agendas of any current board member and has proven to be an effective (sometimes dangerously effective) politician.

Wiener can probably get votes from the most conservative side, Mark Farrell and Carmen Chu, and might be able to line up, say, Malia Cohen and possibly even newcomer London Breed. But that’s not six — and that assumes that Chiu doesn’t make a play for those votes the way he did last time. Campos will get the progressives (John Avalos and likely Eric Mar), but that’s not six either. And with Kim and Chiu going after some of the same people, nobody’s going to come close in the first round.

That is, unless somebody cuts a series of backroom deals.

So my suggestion is this: Let’s demand that all of them tell us up front who they would put on which committees. Sure, it looks like pandering if Wiener promises Budget and Finance Chair to Cohen, who then votes for him — but that stuff is going to happen anyway, and I’d rather have it out in the open.

 

 

 

 

 

Sorry, Chuck — HANC eviction hasn’t happened

14

The eviction of the Haight Asbury Neighborhood Council’s recycling center, which critics of the center said was scheduled to take place Dec. 5, hasn’t happened – and it’s entirely possible that the center could keep operating for several more weeks.

At the end of the day Wednesday, the doors were open, the center was continuing business as usual – and the office of Sheriff Ross Mirkarimi, who is charged with carrying out the eviction, was telling reporters that Dec. 5 was never a firm deadline.

Kathy Gorwood, Mirkarimi’s chief of staff, told us that the law gives tenants five days from the service of an eviction notice before any law-enforcement action can take place. “But that’s not a legal mandate that we evict on the sixth day,” she said.

The notice was served Nov. 30.

Gorwood said all evictions are planned with officer safety, tenant hardships and staff scheduling in mind – and on Dec. 5, the sheriff wasn’t ready to move.

“We surveyed the property, the sheriff personally surveyed the property,” she said. “We can’t say, and we don’t say, when an eviction will take place.”

Gorwood said Mirkarimi wasn’t defying the law or refusing to carry out the eviction. But since there are likely to be protests, possibly civil disobedience, the deputies need to be prepared and the schedule set carefully.

Mirkarimi has a history of supporting HANC. As a former supervisor of District 5, which includes the Haight, he voted to urge SF Rec and Park to and find a solution to keep the center in Golden Gate Park. The vote was nonbinding. He clearly wants to avoid a nasty confrontation, and if he can find a way to work out a voluntary move-out, it’s likely he’ll take the time to negotiate it.

For the past ten years, The Department of Recreation and Parks has aggressively sought to oust HANC.  Finally, this fall, Rec-Park filed an eviction through the City Attorney’s Office
Interestingly, the “Notice to Vacate” served on the center was signed off by the City Attorney’s Office on September 14, 2012. However, the actual eviction date that SF Rec and Park requested was December 5, 2012.

Why wait three months to evict a center that Rec-Park has been trying to get rid of for a decade?

Jack Fong, a spokesperson for the City Attorney’s office, declined to say if there were any procedural or administrative reasons that an eviction notice given to the sheriff in September would take three months to go through.

We called Phil Ginsburg, director of Rec and Parks, and Sarah Ballard, its spokesperson, to ask about the time disparity. We did not hear back from them before press time.

But you don’t need to be a genius to figure it out — just look at what was happening in November. Ginsburg was pushing Proposition B, which secured $195 million in bonds to shore up neglected playgrounds and open spaces in San Francisco’s parks. The measure needed a two-thirds vote – and Rec-Park was nervous about any bad publicity.

The measure passed by a landslide. Butousting HANC, eliminating a revenue stream for the poor, the homeless, and working class people, would have been bad publicity leading up the November election.

The Small Business Commission is scrambling to notify businesses in the area of their possible new role without the recycling center — they could all either become mini-recycling centers, or
face a $100 a day charge from the state of California
.

Exactly how and when the commission will reach out to those affected will be discussed at the Small Business Commission’s December 10 meeting.

Regina Dick-Endrizzi, the executive director of the Small Business Commission, told us that one business in the SOMA, which she declined to name, faced three months worth of the $100-a-
day charge for not buying back recyclables from the state while trying to navigate applying for an exemption. Even after being granted the exemption, that’s a $9,000 charge, which for a small
liquor store or grocer is not chump change.

There’s a precedent for a San Francisco sheriff refusing to carry out an eviction notice. Sheriff Richard Hongisto, who later served on the board of supervisors for three terms, famously
refused to evict the Filipino and Chinese elderly tenants of the International Hotel in 1976. The scandal was even the subject of a documentary, “The Fall of the I-Hotel.

The International Hotel was sold to developers who were going to cast the elderly tenants out onto the street. News outlets as far flung as the New York and LA times wrote about the
mass eviction, and many consider it a black eye on San Francisco to this day.

In January 1977, Hongisto was jailed for five days for his refusal to evict the tenants. Eventually, he relented, leading a team of SWAT and other officers to clear the hotel of
protesters, and even swung an ax himself to bust open the hotel.

But this is a different situation: Mirkarimi hasn’t refused to follow the law, and in fact, Gorwood said that he has every intention of carrying out the eviction. The law, Mark Nicco, assistant counsel to the sheriff, told us, only says that an eviction has to happen in a timely manner – and there’s no definition of what that might be.

So if Ginsburg or the mayor think Mirkarimi is dragging his feet, the only recourse would be for Rec-Park to go to court and seek a judge’s order compelling the sheriff to evict the center in a stated period of time. All of which could take weeks.

So for the moment, HANC is still in business, Mirkarimi is avoiding an ugly eviction scene – and there’s still a chance for Rec-Park to come to its senses. But we’re not taking bets.

Additional reporting by Tim Redmond

Guns in Bayview

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The National Rifle Association’s bid to kill two San Francisco gun control ordinances — which a federal judge initially rejected last week, although that legal process continues — highlights differing views on the issue in the violence-plagued Bayview, where two prominent activists have opposing viewpoints.

One ordinance requires guns in the home to be locked up when not on the owner’s person and the second bans the sale of fragmenting and expanding bullets, affecting only the city’s sole gun store: High Bridge Arms, in the Mission district.

The first ordinance was introduced in 2007 by then-Mayor Gavin Newsom and supported by Sheriff and then-Sup. Ross Mirkarimi and opposed by three supervisors: Ed Jew, Aaron Peskin, and Chris Daly. City Attorney Dennis Herrera was pleased at the judge’s ruling.

“The NRA took aim at San Francisco’s Police Code,” Herrera said in a press release. “I’m proud of the efforts we’ve made to beat back these legal challenges, and preserve local laws that can save lives.”

NRA attorney C.D. Michel told the San Francisco Examiner, “This is not over, not by a long shot…What if you’re old and need glasses in the middle of the night, or you have kids at home to protect? Why are they being forced to keep their guns locked up?”

Interestingly, its not the NRA’s name on the front of the lawsuit, entitled “Espanola Jackson v. City and County of San Francisco.”

Jackson, a San Francisco native and longtime Bayview Hunter’s Point civil rights activist, has been fighting for the rights of minorities since she was old enough to hold a picket sign. She was recognized last May by the San Francisco Human Rights Commission with a “Legacy Award for a Lifetime in Human Rights Advocacy.”

So why is she advocating for unlocked guns in the home, and more lethal bullets?

“I live in the Bayview and I’m 79 years old,” she told The Guardian. “We’re mostly single women, but we need to have protection.”

She cited a recent police report she’d read of an elderly woman being assaulted by several teenage girls, just blocks from her home, as one of the many reasons she feels she needs protection in her own neighborhood.

Jackson said she’s had a lifetime of training with her firearm, although she wouldn’t identify the kind of weapon she wield. Back in the ’60s, she said, “they were calling us pistol packing mamas.” It’s that history, she said, that makes her feel safest with a gun in her drawer, where she can easily get it in case of a robbery.

But Theo Ellington — a board member of the Bayview Opera House and the Southeast Community Facilities Commission — sees the issue differently. Notably, as a member of the Young Black Democrats, he led the opposition against Mayor Ed Lee’s proposal to introduce “Stop and Frisk” policing to San Francisco. Lee abandoned the idea after activists cited rampant civil rights abuses under the policy in New York City.

Ellington thinks that overturning the San Francisco’s gun ordinances would be a bad idea. “We face a much greater risk if we fail to take measures to prevent [gun] accidents,” Ellington told us. “The last thing we want is for any weapons to be in the hands of children or for potential misuse.”

He has reason to be worried about the Bayview. Recent city statistics show an upswing in most crime categories in the district from 2011 to 2012, from homicides and rape to vehicle theft and burglaries. National studies have shown gun owners or their family members are more likely to get shot by guns kept in homes than are intruders. Public safety means different things in different areas, Ellington said, especially “when we’re dealing with a population that is plagued by gun violence.”

Gascon skips valuable reform panel

58

District Attorney George Gascon didn’t show up for the town hall meeting that Sen. Mark Leno held on criminal justice reform last night. Gascon was scheduled to appear on a panel with Sheriff Ross Mirkarimi, Chief Probation Officer Wendy Still, Public Defender Jeff Adachi, and Police Chief Greg Suhr (who also didn’t show, sending Commander John Murphy instead).

Gascon spokesperson Stephanie Ong Stillman minimized the decision to forego appearing on a panel with Mirkarimi, whom Gascon prosecuted for a domestic violence incident and continues to persecute with calls to resign or abdicate some of his official duties, telling us, “There was just a change in his schedule.”

But Gascon, who has only lived and worked in San Francisco for three years, might have benefitted from the discussion, which focused on how San Francisco has for decades pioneered a successful approach to criminal justice emphasizing rehabilitation and redemption rather than the punitive “zero tolerance” approach to crime pushed in Sacramento and other jurisdictions, which has been costly in human and fiscal terms.

“This team of individuals you see in front of you have had the most extraordinary results in leading San Francisco,” Leno said, focusing much of the discussion on how well-prepared San Francisco was for Realignment, the year-old state policy of transferring low-level offenders from the overcrowded state prison system to the local level.

David Onek, the UC Berkeley criminal justice professor who ran against Gascon for DA last year, was added to the panel after Gascon bailed out. He said, “San Francisco by all accounts is way ahead of the curve and can really provide leadership to the rest of the state for how to do Realignment right.”

The main reason for that, as most panelists acknowledged, was because of a variety of programs created by longtime Sheriff Michael Hennessey, who endorsed Mirkarimi to continue his legacy over two traditional law enforcement challengers. Mirkarimi noted that Hennessey didn’t have a law enforcement background when he became sheriff, and that the SFPD and other local agencies long resisted the progressive reforms that he instituted.

“The constellation of what we’re all addressing is unique to San Francisco,” Mirkarimi said, describing the city’s current multi-agency approach as “one that recognizes where redemption comes into the criminal justice system.”

Still, whose department oversees Mirkarimi’s three-year probation for his misdemeanor false imprisonment conviction, emphasized how much her department’s approach has changed in recent years, adopting “evidence-based” approach that respects  probationers, which she now calls “clients,” and addressing their needs.

“We created a plan for success instead of supervising for failure,” Still said. “We changed the culture.”

That cultural change came from the Sheriff’s Department, she said. “Sheriff Hennessey developed a litany of programs over the years, so we were well-positioned for [SB] 678,” the legislation that created Realignment. Despite all the recent talk about having “zero tolerance” for crimes like domestic violence, Hennessey’s controversial approach brought ex-offenders into key leadership positions and refused to dehumanize criminals or see them in black-and-white terms.

“In San Francisco, we kind of live in a bubble. You don’t know how crazy it is outside San Francisco,” Adachi said, noting how politicians in other jurisdictions have aggressively sought to block sentencing reforms and demonize criminals for political reasons.
“In San Francisco, we’ve been so fortunate that we’ve had progressive criminal justice policies,” Adachi said, recognizing that the last three DAs refused to bring the death penalty and Mirkarimi for six years ago creating the Reentry Council to address recidivism.

“It might seem like common sense, but it’s radical to other counties,” Mirkarimi said. “It makes me proud to be part of a criminal justice system that is looking forward.”
  

Sorting out a strange election

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steve@sfbg.com, tredmond@sfbg.com

The way the San Francisco Chronicle pundits put it, Mayor Ed Lee was the clear winner in a grand San Francisco election. “All his measures on the ballot won hands down,” noted Willie Brown, the high-paid lawyer and political operative who also functions as a Chron columnist. “It was a great day for Ed Lee,” proclaimed columnist C.W. Nevius.

Well, not really.

There are a lot of ways to explain and analyze the inconsistent results of one of the most heavily propagandized elections in recent San Francisco history. But no matter how you look at it, the election was at best a wash for the mayor. Indeed, we’d argue that voters rejected the basic premise of the mayor’s political agenda – that tax cuts and favors for big business are the best economic policy – despite record-breaking outside spending selling that agenda and targeting those who stood in its way.

Let’s take a look at the real facts:

• Every single initiative backed by the mayor, the ones he’s getting credit for – from the City College parcel tax to the housing fund to the business tax – was either a compromise with progressives or a measure that originated on the left. There was nothing the mayor pushed that had any significant progressive opposition; his wins were equally, if not more dramatically, wins for the left.

• Both people the mayor appointed to office were soundly rejected by the voters. Rodrigo Santos, his high-profile appointee to the troubled City College Board of Trustees, spent almost $200,000 and finished a distant sixth. Sup. Christina Olague lost to the candidate Lee had rejected for appointment, London Breed, in a complicated race where the mayor’s actual role was unclear (he never withdrew his endorsement of Olague even as his allies trashed her in nasty ways).

• A million-dollar effort funded by some of the mayor’s allies to oust Sup. Eric Mar was a spectacular failure, suggested some serious problems in the mayor’s political operation, and undermined his emphasis on “civility.”

• The voters made clear on every level that they believe higher taxes on the wealthy and closing tax loopholes on big business are the right approach to the economy and to funding government. From Prop. 30 to Prop. 39 to Prop. A to Prop. E, the message was pretty clear: The tax revolt that started in California in 1978 may be winding down, and the notion of making property owners and the wealthy pay for education and public services is no longer a radical idea.

Robert Cruikshank, who writes for the Calitics blog, argues that the November election signals a major sea change in California. “[The] vote to pass Prop 30 — by a larger margin than most observers expected — does more than just provide $6 billion of badly needed funding to the state’s public school,” he wrote. “It brings to a close a 34-year long tax revolt that came very close to destroying California’s middle class, locking its low income families into permanent poverty, and left the state on the edge of financial ruin.”

That sounds like a progressive message. The agenda put forward by the mayor’s closest allies, including right-wing billionaire Ron Conway, who played a heavy-handed role in this election, not only failed to carry the day; the big-money types may have overplayed their hand in a way that will shape the political narratives going forward.

A LOT OF CONSENSUS

Let’s start with the ballot measures (before we get to the huge and confusing mess that was D5).

Proposition A, the parcel tax for City College, didn’t come out of the Mayor’s Office at all; it came from a City College board whose direction the mayor tried to undermine with the appointment of Santos, a pro-development engineer so conservative that he actually endorsed the Republican opponent of Assembly member Tom Ammiano.

Lee didn’t even endorse Prop. A until a few weeks before the election, and played almost no role in raising money or campaigning for its passage (see “Words and deeds,” 9/11/12). Yet it got a higher percentage of the vote than any of the three measures that Lee actively campaigned for: Props. B, C, and E.

Then there’s Prop. C, the Housing Trust Fund. Lee’s office played a central role in drafting and promoting the measure -– but it wasn’t exactly a Lee initiative. Prop. C came out of the affordable housing community, and Lee, who has strong ties to that community, went along. There were tough negotiations -– the mayor wanted more guarantees and protections for private developers -– and the final product was much more what the progressives who have spent decades on the housing front wanted than what the mayor would have done on his own.

The way the mayor envisioned business-tax reform, the city would have eliminated the payroll tax, which tech firms hate, and replaced it with a gross-receipts tax -– and the result would have been revenue-neutral. It was only after Sup. John Avalos and the progressives demanded that the tax actually bring in more money that the outlines of Prop. E were drafted and it received strong support from groups across the ideological spectrum.

“You had a lot of consensus in the city about these ballot measures,” political consultant David Latterman, who usually works with downtown-backed campaigns, said at SPUR’s post-election round-up.

The supervisorial races were a different story, with unprecedented spending and nasty messaging aimed at tipping the balance in favor of real estate and development interests. Mayor Lee didn’t get directly involved in the District 1 race, but he was clearly not a supporter of incumbent Sup. Eric Mar.

The real-estate and tech folks who are allied with Lee spent more than $800,000 trying to oust Mar — and they failed miserably, with Mar winning by 15 points. While Mar did have the backing of Chinatown powerbroker Rose Pak, who raised money and helped organize ground troops to help, Mar’s victory was primarily the result of a massive outpouring of support from labor and progressive activists, many reacting to the over-the-top effort to oust him.

Mar, who voted to put Lee in office, won’t feel a bit indebted to the mayor for his survival against a huge money onslaught. But in District 5, the story was a whole lot more complicated, and impact more difficult to discern.

THE D5 MESS

Before we get into what happened in D5, let’s dispel some of the simplistic and self-serving stories that circulated in the wake of this election, the most prominent being that Olague’s loss -– the first time an incumbent was defeated in a ranked-choice election –- was payback for crossing Mayor Lee and voting to reinstatement Sheriff Ross Mirkarimi.

It’s certainly true that Lee’s allies went after Olague and supported London Breed, and that they tried to make an issue of domestic violence, but there was much, much more to this district election. Breed is an SF native with a compelling personal story who ran a strong campaign –- and that three strongest progressive candidates in the race each had major flaws that hurt their electability. By most accounts, the Olague campaign was a disaster until the very end. Equally important, the progressive community was divided over D5, leaving room for Breed to slip in.

“It’s hard to unravel what happened here,” Latterman said.

San Francisco Women for Responsibility and an Accountable Supervisor was an independent expenditure group fronted by domestic violence advocates and funded by more than $100,000 from the families of Conway and fellow right-wing billionaire Thomas Coates. It attacked Olague’s Mirkarimi vote as being soft on domestic violence — but it also did a last minute mailer criticizing Olague’s vote for CleanPowerSF, muddling its message of moral outrage.

On election night, Olague told us she believed her split with the Mayor’s Office really had more to do with CleanPowerSF –- which the board approved with a veto-proof majority over the objections of Lee and the business community –- and with her insisting on new revenue from Prop. E than it did with Mirkarimi, whose ouster she dismissed as “a power play” aimed at weakening progressives.

“They don’t want to say it, but it was the whole thing around CleanPowerSF. Do you think PG&E wanted to lose its monopoly?” she said.

Yet Olague said the blame from her loss was also shared by progressives, who were hard on her for supporting Lee, courting his appointment to the D5 seat, and for voting with him on 8 Washington luxury condo project and other high-profile issues. “The left and the right both came at me,” she told us. “From the beginning, people were hypercritical of me in ways that might not be completely fair.”

Fair or not, Olague’s divided loyalties hurt her campaign for the D5 seat, with most prominent progressives only getting behind her at the end of the race after concluding that John Rizzo’s lackluster campaign wasn’t going anywhere, and that Julian Davis, marred as he was by his mishandling of sexual impropriety accusations, couldn’t and shouldn’t win.

Olague told us she “can’t think of anything I would have done differently.” But she later mentioned that she should have raised the threats to renters earlier, worked more closely with other progressive candidates, and relied on grassroots activists more than political consultants connected to the Mayor’s Office.

“The left shouldn’t deal with consultants, we should use steering committees to drive the agenda,” Olague said, noting that her campaign finally found its footing in just the last couple weeks of the race.

Inside sources say Olague’s relations with Lee-connected campaign consultant Enrique Pearce soured months before the campaign finally sidelined him in the final weeks, the result of his wasteful spending on ineffective strategies and divided loyalties once a wedge began to develop between Olague and the Mayor’s Office.

Progressive endorsements were all over the map in the district: The Harvey Milk Club endorsed Davis then declined to withdraw that endorsement. The Tenants Union wasn’t with Olague. The Guardian endorsed Rizzo number one. And none of the leading progressive candidates had a credible ranked-choice voting strategy — Breed got nearly as many second-place votes from Davis and Rizzo supporters as Olague did.

Meanwhile, Breed had a high-profile falling out with Brown, her one-time political ally, after her profanity-laden criticism of Brown appeared in Fog City Journal and then the San Francisco Chronicle, causing US Sen. Dianne Feinstein to withdraw her endorsement of Breed. That incident and Olague’s ties to Lee, Brown, and Pak may have solidified perceptions of Breed’s independence among even progressive voters, which the late attacks on her support from landlords weren’t ever able to overcome.

Ironically, while Breed and some of her prominent supporters, including African American ministers in the district, weren’t happy when Lee bypassed her to appoint Olague, that may have been her key to victory. Latterman noted that while Olague was plagued by having to divide loyalties between Lee and her progressive district and make votes on tough issues like reinstating Mirkarimi –- a vote that could hurt the D5 supervisor in either direction -– Breed was free to run her race and reinforce her independence: “I think Supervisor Breed doesn’t win this race; challenger Breed did.”

But even if Breed lives up to progressive fears, the balance of power on the Board of Supervisors could be up in the air. District 7 soundly rejected Mike Garcia, the hand-picked successor of the conservative outgoing Sup. Sean Elsbernd.

At press time, progressive favorite Norman Yee seemed headed for victory, although FX Crowley was within about 30 votes, making this too close to call. But either way, the once-solid conservative seat will now be a swing vote on many issues, just as Breed will be in the once-solid progressive D5.

“The Board of Supervisors as a whole is becoming a helluva lot more interesting,” was how political consultant Alex Clemens put it at SPUR election wrap-up. “Determining what’s going to happen before it happens just got more difficult.”

GOBS OF MONEY

The other big story of this election was money, gobs of it, and how it can be spent effectively — or used to raise suspicions about hidden agendas.

Third-party spending on D1 loser David Lee’s behalf was $454,921, with another $219,039 to oppose Mar, pushing total spending to defeat Mar up over the $1 million mark, roughly doubling the previous record. Labor groups, meanwhile, spent $72,739 attacking Lee and $91,690 backing Mar. But many political analysts felt that lop-sided spending only served to turn off voters and reinforce the idea that powerful interests were trying to buy the seat.

In District 5, the landlords, Realtors, and tech moguls spent $177,556 in support of Breed, while labor spent $15,067 attacking her as a shill for the landlord lobby. The only other D5 candidate to attract significant spending by outside groups was Olague, who had $104,016 spent against her, mostly by the families of Conway and Coates, and $45,708 spent in support of her by SEIU 1021. Yet ultimately, none of these groups bought very much with their money. Conway, Salesforce CEO Marc Benioff, and San Francisco Association of Realtors each spent hundreds of thousands of dollars of their money, and the most obvious result was to convince San Franciscans that they’re working together to move an agenda in San Francisco. They may have the mayor on their side, but in a politically sophisticated city like San Francisco –- with its cost of living being driven up by the schemes of Lee, Conway, and the Realtors -– they seem to have a long way to go before they achieve they’re stated desire of destroying the progressive movement, particularly with its rising new leaders on the left, including Matt Haney and Sandra Fewer on the school board and Steven Ngo and Rafael Mandelman on the City College board. As Haney said on Election Night, “It was a good night for progressive San Francisco,” which stands for important egalitarian values. “We are the ones about equity and compassion. That’s what this city is about.”

Election makes the Board of Supervisors tougher to predict

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I’m still a bit too bleary-eyed for serious political analysis on D5 or other races today, but I’ll offer a few of my own post-election observations and those that politicos Alex Clemens and David Latterman delivered during their usual political wrap-up at the SPUR office this afternoon, noting how this election has altered local political dynamics.

“The Board of Supervisors as a whole is becoming a helluva lot more interesting,” Clemens said, noting that progressive District 5 just elected London Breed, the most moderate candidate in that race, while conservative District 7 gave the most progressive candidates, Norman Yee and FX Crowley, its top two spots (with Crowley the likely winner once ranked choices ballots are tallied).

The result is that both the progressive and moderate blocs lost their most reliable votes to the squishy center, so that “determining what’s going to happen before it happens just got more difficult,” a dynamic that could play out most strongly on land use issues.

“I think land use politics is going to be even more interesting,” Clemens said, with Latterman adding, “In this city, all politics really comes down to land use.”

Assessor Phil Ting’s election to the Assembly also now paves the way for Mayor Ed Lee to appoint his replacement, with Sup. Carmen Chu widely considered the clear favorite, which would in turn give Lee an appointment to her District 4 seat on the board.

Yet Clemens speculated that Lee may wait to replace Chu until after the next Board of Supervisors is seated in early January – which would allow that person to finish her final two years and still run for an additional two full terms, whereas the Charter would otherwise limit that person to one more term – which could complicate an already complicated election for board president. Sups. Jane Kim and Scott Wiener are the likeliest contenders, but anything could happen.

“Counting to six from 10 is going to be so much fun to watch,” Clemens said, although he added, “I believe in the era of Ed Lee, it’ll all be worked out beforehand.”

Neither Clemens nor Latterman agreed that the overwhelming expenditures on political hit pieces (mostly against D1 Sup. Eric Mar, who won a surprisingly big margin of victory) by allies of Lee, or the fact that they turned on Sup. Christina Olague in nasty fashion, would diminish Lee’s public standing or the aura of civility he’s tried to cultivate.

Personally, I don’t agree, and it think progressives have been given an opportunity to highlight the money-driven nature of the agenda that Lee and his billionaire backer Ron Conway have for San Francisco. It’s also significant that the most anti-progressive candidates – Lee’s City College appointee Rodrigo Santos, D1’s David Lee, and D7’s Mike Garcia – all fell far short of victory.

Progressives now have a chance to set a positive, proactive agenda for the city, of the kind eloquently voiced by new school board member Matt Haney, whom Clemens thanked for running such a strong and positive campaign, as well as top City College finisher Steve Ngo and Sup. David Campos, who shared an election night campaign party and positive message about progressive prospects.

“That’s what me, Steve, and David were saying here tonight,” Haney told me, calling for an end to the adversarial style of practicing politics. “Our values are love and compassion.”

Latterman and Clemens did acknowledge that that record-breaking spending against Mar may have backfired, but they gave more credit to Mar’s campaign. “You don’t bet against [Mar campaign manager] Nicole Derse in a ground game in the last week of the campaign,” Latterman said.

Derse, who was there, noted its innovative voter identification efforts and strong grassroots volunteer push, a drive partially helped by those reacting to the big-money attacks. Latterman also acknowledges that the strange and controversial videos attacking Mar didn’t help, telling the crowd, “And tactically, don’t have the Realtors make the videos.”

As for District 5, neither politico claimed to fully understand the complex variables that shaped the race.

“It’s hard to unravel what happened here,” Latterman said of the D5 race, noting the complicated dynamics created by Olague’s mayoral appointment, her vote to reinstate Sheriff Ross Mirkarimi, Julian Davis’ problems, and the outside spending. He praised Breed’s campaign, calling it a “a solid win,” but he also said Breed’s independence helped her and she might have suffered the same fate as Olague if she had gotten the appointment from Lee back in January: “I think Supervisor Breed doesn’t win this race; challenger Breed did.”

D5 race displays key SF political dynamics

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There’s so much to say about the District 5 supervisorial race, whose top five finishers’ parties I attended tonight, gathering interesting perspectives from each candidate. But given the late hour, I’m just going to run a few thoughts and quotes and save most of it for a more in-depth report tomorrow, because there’s a fascinating story to be told here.

Christina Olague, John Rizzo, and Julian Davis – respectively the second through fourth place candidates – each presented as more progressive than the likely winner, London Breed, who has an 8-point lead going into the final ballot tally and ranked choice tabulation. They and their allies raised concerns that renters were undermined by Breed’s victory in one of the city’s most progressive districts.

“It was a lie. I’m a renter, I live in a rent-controlled apartment,” she told us just before midnight outside in party at Nickie’s on Haight. “I will do everything to protect rent control. I will work with the Tenants’ Union. I’m here to be everybody’s supervisor.”

She pledged to work productively with all the progressive groups who opposed her, such at SEIU Local 1021, whose members “ take care of my mom at Laguna Honda,” while others are her friends.

“The pettiness of politics is over and it’s time to move forward,” Breed said.

It was a widely sounded theme among jubilant progressives tonight, but D5’s (likely) runner-up Olague sounded a bit of bitterness when we caught up with her a little after 11pm as she was leaving her party at Rassela’s on Fillmore. “The Left and the Right both came at me,” she told us.

She felt unfairly attacked by progressives after being appointed to the D5 seat by Mayor Ed Lee, saying her only bad vote was in favor of the 8 Washington luxury condo project, which Sup. Eric Mar also backed without losing progressive support. “From the beginning, people were hypercritical of me in ways that might not be completely fair.”

Then, this fall, Mayor Lee’s people – chief of staff Steve Kawa, tech point person Tony Winnicker, and billionaire backer Ron Conway – turned on her after a series of votes culminating in the one to reinstate Sheriff Ross Mirkarimi, resisting what she labeled “a power play” aimed at progressives.

Yet she believes her key vote in favor of CleanPowerSF, coming after her support for Sup. John Avalos getting new revenue out of the business tax reform Prop. E, was really what turned Conway and the downtown crowd against her and attracted outrageous attacks that she condoned domestic violence and supported Big Oil.

“They don’t want to say it, but it was the whole thing around CleanPowerSF. Do you think PG&E wanted to lose its monopoly?” she said. “It’s not about disloyalty, it’s about power.”

Julian Davis was similarly deflective about his campaign’s fourth place finish, despite having a strong presence on the streets today and lots of energy at his crowded campaign party at Club Waziema, after he weathered a loss of prominent progressive endorsements over his handling of sexual misconduct allegations.

“It’s been a challenging few weeks, but I’ve kept my head held high in this campaign,” Davis said, decrying the “self-fulfilling prophecy of the local media” that didn’t focus on the progressive endorsers who stayed with him, such as former D5 Sup. Matt Gonzalez and the SF Tenants Union.

Third place finisher John Rizzo, whose party at Murio’s Trophy Room party reflected his less-than-exuberant campaign, was generally positive about the night, although he expressed some concerns about the agenda of the “people putting up hundreds of thousands of dollars” into this race and the D1 contest, where progressive favorite Eric Mar won a strong victory.

I stopped by Breed’s party twice tonight: at the end, and a little before 10pm, when the results were coming over the television proclaiming that voters in Maryland approved same-sex marriage and Colorado voter legalized marijuana – and the room erupted in cheers – and Oregon voters rejected legalizing weed, drawing big boos.

Breed’s was a liberal crowd, a D5 crowd, and a largely African American crowd. Rev. Arnold Townsend, who is on the Elections Commission and local NAACP board, told me as I left Breed’s party the second time, “It’s a good election for my community. The black community was energized by this.”

New school board member Matt Haney, whose party at Brick & Mortar was my final stop of the night, also likes Breed and said her likely victory was another part of “a good night for progressive San Francisco,” which stands for important egalitarian values. “We are the ones about equity and compassion. That’s what this city is about.”

The practice of politics

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steve@sfbg.com

ESSAY San Francisco’s progressive movement needs restoration and renewal. Our focus on immediate fights and indignities has blurred our perspective on the larger, longer struggle for a more just, sustainable, and inclusive society. It’s time to regain that vision by taking a new path and practicing a different kind of politics.

Back-to-back local scandals involving progressive male politicians treating women badly have spawned waves of ugly reactions and recriminations on all sides. Those frustrations have bubbled up against an overwhelming tidal wave of money from wealthy individuals and corporations used to deceive and divide the voting public on the local and national levels.

Real concerns about domestic violence have been reduced to an election-year weapon, cheapening an important issue. Stubborn injustices like lack of gender equity in pay and promotions and access to contraception have been countered with mythical “binders full of women,” a new take on the old dodge of personal responsibility. Unacceptable groping or grabbing is alternatively denied, dismissed, or blamed on the women. Little has changed except the modern polish on our dated pronouncements.

The turbulence of this political year has tested our tolerance and we’ve lost our balance, if not our minds from time to time. But we can learn from our mistakes. San Franciscans should be leading the way forward, not just with our gadgets and technological innovations, but with the example we set in how we practice our politics.

Perhaps I’m not the best one to call out my comrades and propose our next steps. I’m a single, straight man, and I’ve fought as fiercely as anyone on behalf of the Guardian’s progressive values and worldview, sometimes resorting to the same nastiness that we’ve seen bubbling over this year.

But as I’ve covered this year’s high-profile political scandals involving Ross Mirkarimi and Julian Davis for the Guardian — and read the vitriolic comments reacting to my stories and expressed in public forums — it has caused me to rethink my own approach and that of the progressive movement. So I want to offer my insights, make amends, and contribute to the dialogue that our community desperately needs to have.

***

Let me start by saying that I understand why people perceive political conspiracies against Mirkarimi, Davis, and other progressive politicians in San Francisco. Wealthy interests really do have a disproportionate influence over the decisions that are shaping this city’s future, to the detriment of the working and creative classes.

A small group of powerful people installed Ed Lee as mayor using calculated deceptions, and he has largely been carrying out their agenda ever since, practicing dirty politics that have fractured and debilitated the progressive movement. In this election cycle, we saw the willingness of Lee’s deep-pocketed benefactors, such as right-wing billionaire Ron Conway, to shatter previous spending records to achieve their unapologetically stated goal of destroying San Francisco’s progressive movement.

But if we want to replace economic values with human values — emphasizing people’s needs over property and profits, which is the heart of progressivism — we can’t forget our humanity in that struggle. Choosing conflict and the politics of division plays into the hands of those who seek to divide and conquer us. We need to embody the change we want to see and build new systems to replace our ailing political and economic models.

When Mayor Lee decided in March to suspend Sheriff Mirkarimi without pay and without any investigation — and by the way, showing no interest in hearing from the alleged victim, Eliana Lopez — progressives had good reason to be outraged. Domestic violence advocates and the Chronicle’s editorial writers may not see it this way, but I understand why it seemed politically motivated.

I also understand why people wanted Mirkarimi gone, believing that someone who admitted to domestic violence couldn’t possibly remain San Francisco’s chief elected law-enforcement officer. This was a black-and-white issue for them, and they saw progressive opposition to his removal as condoning his actions, despite our arguments that his criminal punishment was separate from the question of what the standard should be for removing an elected official from office.

Both sides fervently believed in their respective positions and were largely talking past one another, unable to really communicate. Positions hardened and were charged with emotion until they boiled over during the Oct. 9 hearing on Mirkarimi’s removal.

But there’s never any excuse for booing or making derogatory comments to domestic violence advocates who braved a hostile crowd to offer their opinions on the issue. Tolerance and respect for differing opinion are core progressive tenets, and our faith in those values must override our emotional impulses, which only feeds a fight that we lose just by fighting.

It was against this backdrop — and partially as a result of this polarized climate — that revelations of Davis’ bad behavior toward women were made public. Davis is a friend of mine, and I was aware that he could act like an over-entitled jerk toward women, particularly during his worst period several years ago, although I had no idea how bad it really was.

As with many political scandals, the issue here wasn’t just the original incidents, but how someone responds to them. That’s the mark of someone’s character and integrity. Most people do the wrong thing sometimes, but if we learn from our mistakes and truly make amends — which isn’t something we claim, but something offered to us if our intentions seem true — then we become better people.

As we said in our editorial withdrawing our endorsement from Davis a few weeks ago, being a progressive has to be more about the movement than the person, and it’s time that we remember that. So as a movement, the moment has arrived to come clean, admit our flaws, start anew, and try to lead by our example rather than our rhetoric or our stands on the issues.

***

They say confession is good for soul, so let me give it a shot. Shortly after Sup. Jane Kim took office in 2010, we had a series of confrontational conflicts over some votes she made and her failure to come clean about what her relationship was with Willie Brown, which seemed to me related. She offered a misleading answer to my question and then said she wouldn’t answer any more questions from me, which infuriated me because I believe politicians have a duty to be accountable. And so I continued to be hard on her in print and in person.

Now, I realize that I was being something of a bully — as political reporters, particularly male reporters, have often been over the years. I want to offer a public apology for my behavior and hope for forgiveness and that our relationship — which was a friendly one since long before she took office — can be better in the future.

While I felt that I was treating Kim like I would any politician, and I probably was, the fact is that the style of combative political exchanges — embodied in the last decade by Mirkarimi, Chris Daly, Aaron Peskin, and many others, mostly men but some women like Carole Migden — is what has brought the progressive movement and San Francisco politics in general to the lowly point that we now find ourselves.

My old friend and ex-girlfriend Alix Rosenthal and other political women I know have long tried to impress upon me the value of having more females in office, regardless of their ideology, as long as they aren’t actual conservatives. I have always bristled at that idea, believing ideology and political values to be more important than identity politics, which has been used as a wedge to divide the progressive movement.

At first, I supported Davis because I saw in him a progressive warrior. But most progressives know in our hearts that nobody wins wars. We are all diminished just for fighting them, and their fallout can be felt in unexpected ways for years to come. Even though I agreed with the Board of Supervisors decision to reinstate Mirkarimi, I felt sad and sick watching the celebrations that followed, and I understood that winning that battle might do real damage to the progressive movement.

So I’m proposing that we just stop fighting. We need to stop demonizing those we don’t agree with. “We are not the enemy,” Domestic Violence Consortium head Beverly Upton told supervisors at the Mirkarimi hearing, and she’s right. We can still disagree with her position, and we can say so publicly and call for her to talk to Lopez or take other steps, but we shouldn’t make her an enemy.

***

Having written this essay before the Nov. 6 election, I don’t know the outcome, but I do know progressive power is waning just as we need it most. Landlords and Realtors are intent on rolling back renter protections, while technology titans and other corporate leaders will keep pushing the idea that city government must serve their interests, something the mayor and most supervisors already believe. And they’re all overtly hostile to progressives and our movement.

Against this onslaught, and with so much at stake, the temptation is to fight back with all our remaining strength and hope that’s enough to change the dynamics. But it won’t. Now is the time to organize and expand our movement, to reach out to communities of color and the younger generations. We need to grow our ability to counter those who see San Francisco as merely a place to make money, and who are increasingly hostile to those of us standing in their way.

It may sound trite, but we need to meet their hate with our love, we need to counter their greed with our generosity of spirit. In the year 2012, with all the signs we see in the world that the dominant economic and political systems are dying, we need to work on building our capacity to create new systems to replace them. If they want to build a condo for a billionaire, we should find a way to build two apartments for workers. If they want to bend the campaign rules and dump millions of dollars into one of their candidates, we should use free media and bodies on the street to stand up for someone with more integrity.

Our heroes are people like MLK and Gandhi, and — and most recently and perhaps more relevantly, Arundhati Roy, Amy Goodman, and Aung San Suu Kyi — and we should heed their examples now more than ever. I’m not going to presume to lay out a specific agenda or new tactics, leaving that leadership to those who embody the new approaches and visions that I’m willing to learn and lend my energies and experience to supporting.

But the one essential truth that I’ve come to embrace is that our current struggles and paradigms are as unsustainable as the system that we’re critiquing. It’s time to embrace a new way of doing things, and to join the vast majority of people around the world in creating a new era.

The billionaire attack on D5

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The attack on Sup. Christina Olague, funded by a couple of right-wing billionaires, is in full swing in District 5, with mailers, robocalls, a social-media buy and even TV ads. It’s a disgraceful effort to buy an election in the final week, a flood of sleaze that’s outrageous even by modern political standards.

On the surface, the PAC called San Francisco Women for Responsibility and an Accountable Supervisor is talking about domestic violence. One mailer features a woman whose daughter was killed by an abuser saying she is “appaled” that Sheriff Ross Mirkarimi still has his job — and that Olague voted not to throw him out. A 60-second TV ad features Ivory Madison, the Mirkarimi neighbor whose video was the centerpiece of the campaign to oust the sheriff.

But the PAC is entirely funded by Ron Conway, his wife Gayle, and Thomas Coates. Conway hasn’t been a leading voice on domestic violence issues, and neither has Coates — they are business people who are primarily interested in making money. In the case of Conway, he’s someone who has publicly announced that he wants to “take San Francisco back” from progressives and install more big-business-friendly politicians at City Hall. Coates is a real-estate investor who has spent a lot of time and money fighting to limit tenant-protection laws.

Why are these two so interested in the D5 race? Well, in an email, Conway told me that “the Committee that my wife Gayle and other women, including longtime anti-domestic violence advocates, have formed and that I and others support exists solely to oppose Christina Olague because she put her own politics ahead of women and the victims and survivors of domestic abuse.”

But it’s eminently clear that there’s a larger agenda here, that the wealthy donors are using the domestic violence issue to get rid of a supervisor who they see as not sufficiently friendly to their economic interests. And there’s probably a bit of payback involved: Olague defied the mayor with her Mirkarimi vote — and while a lot of observers still say this was all a setup to demonstrate her independence in time for the election, Conway, one of the mayor’s closest allies and advisors, clearly didn’t get that message.

Coates lives in Los Angeles. Conway lives in Pacific Heights. Neither of them has any connection the D5 — except for their desire to get rid of Olague. They’ve taken a real, serious issue — domestic violence — and used it to their own political advantage.

We haven’t endorsed Olague, but we know a shady scam when we see one, and that’s exactly what this is. The voters of District 5 should reject this kind of outside-influence politics and not let a couple of billionaires decide the future of their the city.

Olague attacks led by billionaires and a consultant/commissioner with undisclosed income

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Understanding how political activists are being paid is important to understanding what their motivations are. For example, is Andrea Shorter – a mayor-appointed former president of the Commission on the Status of Women – leading the campaigns against Sup. Christina Olague and Sheriff Ross Mirkarimi out of concern for domestic violence, or is it because of their progressive political stands, such as supporting rent control and opposing corporate tax breaks?

As a city commissioner who is required under state law to report her income on annual financial disclosure forms to the city, the public should be able to know who is paying this self-identified “political consultant.” But we can’t, because for each of the last five years, Shorter has claimed under penalty of perjury on Form 700 to have no reportable income, which means less than $500 from any source – an unlikely claim that was the source of complaints filed today with the Ethics Commission and Fair Political Practices Commission.

Shorter led efforts to have her commission support Mayor Ed Lee’s failed effort to remove Mirkarimi from office for official misconduct, and now she’s become one of the main public faces leading an independent expenditure campaign called San Francisco Women for Accountability and a Responsible Supervisor Opposing Christina Olague 2012, funded with more than $100,000 by Lee’s right-wing financial supporters: venture capitalist Ron Conway and Thomas Coates (and his wife), who has also funded statewide efforts to make rent control illegal.

Neither Shorter nor Conway responded to our requests for comment, but tenant advocates and Olague supporters are pushing back with an 11:30am rally at City Hall tomorrow (Thurs/1). Organizers are calling on activists “to beat back the attacks on rent control and workers by billionaires Ron Conway and the Coates family. The 1 Percent Club, Coates and Conway want San Francisco to be a playground for the rich. Take a stand to say that these opportunists CANNOT buy elections!”

The Ethics Commission complaint against Shorter was filed this morning by sunshine activist Bob Planthold, who also filed a similar complaint a couple weeks ago against District 1 supervisorial candidate David Lee, who also appears to have grossly understated his income of the same financial disclosure form during his service on the Recreation and Parks Commission.

“There’s been too little attention by mayor after mayor after mayor in that the people they appoint are allowed to be sloppy, negligent, unresponsive, and under-responsive to these financial disclosure requirements,” Planthold told us.

Although the Ethics Commission doesn’t confirm or deny receiving complaints or launching investigations, Planthold said Ethics investigators have already notified him that they were investigating the Lee complaint, and he expects similar action against Shorter. “Ethics is pursuing my complaint against David Lee. It’s not one of the many that they decided to ignore,” Planthold said.

The FPPC complaint against Shorter is being filed by former Board of Supervisors President Aaron Peskin, who told us, “The complaint speaks for itself.”

Although Shorter claims no income on public forms, the political consulting firm Atlas Leadership Strategies lists Shorter as the CEO of Political Leadership Coaching, which works with political candidates and causes. Atlas also represents PJ Johnston, who was press secretary for then-Mayor Willie Brown and now represents a host of powerful corporate clients.

“Her brand of discreet, highly confidential, political coaching works to equip leaders with tools to exercise more effective, impactful, innovative and – where possible – transformative leadership,” was one way Atlas describes Shorter.

Is she working in a discreet and confidential way to elect moderate London Breed to one of the city’s most progressive districts? Is she being paid for that work by Conway or anyone else? Is she doing the bidding of Mayor Lee and his allies in hopes of greater rewards?

Or should voters just take at face value her claim to really be standing up for “accountability” from public officials? Is this really about the statement Shorter makes in the video prominently displayed on the sfwomenforaccountability.com website: “Christina Olague has lost the trust of victims’ advocates. She has set our cause back. I’m profoundly disappointed in her and I can’t support her anymore.”?

With less than a week until the election, voters can only speculate.

Man for the moment?

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steve@sfbg.com

This year’s supervisorial race in District 5 — representing the Haight, Panhandle, and Western Addition, some of the most reliably progressive precincts in the city — has been frustrating for local leftists. But as the long and turbulent campaign enters its final week, some are speculating that John Rizzo, whose politics are solid and campaign lackluster, could be well-positioned to capitalize on this strange political moment.

Appointed incumbent Sup. Christina Olague has been a disappointment to some of her longtime progressive allies, although she’s now enjoying a resurgence of support on the left in the wake of her vote to reinstate Sheriff Ross Mirkarimi. Now two allies of the mayor — tech titan Ron Conway and landlord Thomas Coates — are funding a $120,000 last-minute attack on Olague.

The campaign of one-time left favorite Julian Davis lost most of its progressive supporters following his recent mishandling of accusations of bad behavior toward women (see “Julian Davis should drop out,” 10/16).

The biggest fear among progressive leaders is that London Breed, a well-funded moderate candidate being strongly supported by real estate and other powerful interests, will win the race and tip the Board of Supervisors to the right. The final leg of the campaign could be nasty battle between Breed and Olague and their supporters, who tend to see it as a two-person race at this point.

But in a divisive political climate fed by the Mirkarimi and Davis scandals and the unprecedented flood of hundreds of thousands of dollars in real estate and tech money, it’s hard to say what D5 voters will do, particularly given the unpredictably of how they will use ranked-choice voting to sort through this mess.

Running just behind these three tarnished and targeted candidates in terms of money and endorsements are Rizzo and small business person Thea Selby, who described their candidacies as “the grown-ups in the room, so there’s an opportunity there and I’m hopeful.”

Selby hasn’t held elective office and doesn’t have same name-recognition and progressive history as Rizzo, although she has one of the Guardian’s endorsements. It probably didn’t help win progressive confidence when the downtown-backed Alliance for Jobs and Sustainable Growth recently did an independent expenditure on behalf of both Selby and Breed.

And then there’s Rizzo, who has been like the tortoise in this race, quietly spending his days on the streets meeting voters. Between fundraising and public financing, Rizzo collected about $65,000 as of Oct. 20 (compared to Breed’s nearly $250,000), but he’s been smart and frugal with it and has almost $20,000 in the bank for the final stretch, more than either Olague or Davis.

But perhaps more important than money or retail politics, if indeed D5 voters continue their strongly progressive voting trends, are two key facts: Rizzo is the most clear and consistent longtime progressive activist in the race — and he’s a nice, dependable guy who lacks the oversized ego of many of this city’s leaders.

“I see consistency there and a lack of drama,” Assembly member Tom Ammiano, an early Rizzo endorser, told us. “He’s looking not like a flip-flopper, not like he owes anyone, and he doesn’t have a storied past.”

 

PROGRESSIVE HISTORY

Rizzo, who was born in New York City 54 years ago, is downright boring by San Francisco standards, particularly given his long history in a local progressive movement known for producing fiery warriors like Chris Daly, shrewd strategists like Aaron Peskin, colorful commenters like Ammiano, bohemian thinkers like Matt Gonzalez, and flawed idealists like Ross Mirkarimi.

Rizzo is a soft-spoken family man who has lived in the same building on Waller Street in the Haight-Ashbury for the last 27 years. Originally, he and Christine, his wife of 25 years, rented their apartment in a tenancy-in-common building before they bought it in the early 1990s, although he’s quick to add, “In all the years we’ve owned it, we never applied for condoship.”

He supports the city’s limits on condo conversions as important to protecting working-class housing, although he said, “The focus should be on building new affordable housing.” That’s an issue Rizzo has worked on since joining the Sierra Club’s San Francisco Bay Chapter more than 20 years ago, an early advocate for broadening the chapter’s view of environmentalism.

He’s a Muni rider who hasn’t owned a car since 1987.

Michelle Myers, director of the Sierra Club’s San Francisco Bay Chapter, said Rizzo brings a wealth of experience, established relationships, and shrewd judgment to his role as the group’s political chair. “We really rely on John’s ability to weigh what is politically feasible, not just what’s ideal in our minds,” she told us.

Yet that political realism shouldn’t be confused for a lack of willingness to fight for big, important goals. Rizzo has been an advocate for public power in San Francisco for many years, strategizing with then-Sup. Ammiano in 2001 to implement a community choice aggregation program, efforts that led to this year’s historic passage of the CleanPowerSF program (with a key vote of support by Olague) over the objections of Mayor Lee and some business leaders.

“CleanPowerSF was carried by John Rizzo, who has been working on that issue for 10 years,” Myers said.

Rizzo is a technology writer, working for prospering computer magazines in the 1990s “until they all went away with the dot.com bubble,” as well as books (his 14th book, Mountain Lion Server for Dummies, comes out soon).

He sees the “positives and the negatives” of the last tech boom and this one, focusing on solving problems like the Google and Genetech buses blocking traffic or Muni bus stops. “On the one hand, these people aren’t driving, but on the other hand, they’re unregulated and using our bus stops,” he said. “We need to find some solution to accommodate them. Charge them for it, but accommodate them.”

That’s typical of how Rizzo approaches issues, wanting to work with people to find solutions. As president of the City College of San Francisco Board of Trustees, Rizzo suffered the bad timing of the district having its accreditation threatened just as his supervisorial race was getting underway, but he’s steadily worked through the administrative problems that predated his tenure, starting with the criminal antics of former Chancellor Phil Day and continuing with “a management structure still in place, and it had calcified.”

Despite being on the campaign trail, Rizzo called the trustees together six times in August to deal with the accreditation problems. “We now have a plan that shows all the things the district needs to do to keep it afloat. City College is back on track.”

 

WEAKNESS BECOMES STRENGTH

Eileen Hansen — a longtime progressive activist, former D8 supervisorial candidate, and former Ethics Commissioner — gave her early endorsement to Rizzo, who never really seemed to catch fire. “There hasn’t been a lot of flash and I would love for there to be more energy,” she admitted.

So, like many progressive leaders, she later offered her endorsement to Davis, believing he had the energy needed to win the race. But after Davis’ problems, Hansen withdrew that endorsement and sees Rizzo as the antidote to its problems.

“We are in such a mess in D5, and I’m hoping they will say, ‘enough already, let’s find someone who’s just good on the issues, and that’s John,” Hansen said. “As a progressive, if you look at his stands over many years, I’d be hard-pressed to find an issue I don’t agree with him on. He’s a consistent, strong progressive voice, someone you can count on who’s not aligned with some power base.”

Other prominent progressive leaders agree.

“What some people may have viewed as his weak point may end up being his strength,” said former Board President Aaron Peskin, who endorsed Rizzo after the problems surfaced with Davis. “A calm, steady, cool, collected, dispassionate progressive may actually be the right thing for this moment.”

Sup. Malia Cohen, a likable candidate who rose from fourth place on election night to win a heated District 10 supervisorial race two years ago, is a testament to how ranked-choice voting opens up lots of new possibilities.

“Ranked choice voting defies conventional wisdom,” Peskin said. “There may be Julian Davis supporters and Christina Olague supporters and London Breed supporters who all place John Rizzo as their second.”

In fact, during our endorsement interviews and in a number of debates and campaign events, nearly every candidate in the race mentioned Rizzo as a good second choice.

Yet Rizzo doesn’t mince words when he talks about the need for reconstitute the progressive movement after the deceptions and big-money interests that brought Mayor Lee and “his fake age of civility” to power. Lee promised not to seek a full term “and he broke the deal,” Rizzo said. “And it was a public deal he broke, not some backroom deal.” 

That betrayal and the money-driven politics that Lee ushered in, combined with the divisive political climate that Lee’s long effort to remove Mirkarimi from office created, has deeply damaged the city’s political system. “I think the climate is very bad It’s bad for progressives, and just bad for politics because it’s turning voters off,” Rizzo said.

He wants to find ways to empower average San Franciscans and get them engaged with helping shape the city’s future.

“We need a new strategy. We need to regroup and think about things long and hard. I think it’s not working here. We’re doing the same things and it’s not working out. The money is winning.” He doesn’t think the answers lie in continued conflict, or with any individual politicians “because people are flawed, everyone is,” Rizzo said.

Yet Rizzo’s main flaw in the rough-and-tumble world of political campaigns may be that he’s too nice, too reluctant to toot his horn or beat his chest. “That kind of style is not me. That aggressive person is not who I am,” Rizzo said. “But I think voters like that. Voters do want someone who is going to focus on policy and not themselves.”