San Francisco

Outside the HRC dinner

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OPINION On July 26, the Bay Area’s gay and lesbian elite will gather at the posh Westin St. Francis to raise money for the Human Rights Campaign in the name of securing and protecting LGB rights. Despite flip-flopping its position on a federal Employment Non-Discrimination Act (ENDA), which should include protections for gender identity as well as sexual orientation, HRC will rake in money to further advance a version of human rights in the political world of Washington, DC in which transgender and gender-non-conforming people are apparently less than human.

Luckily, there’s a fabulous alternative. Outside the Westin St. Francis we’ll be throwing the "Left Out Party: A Genderful Gay-la" in support of an inclusive ENDA that protects gender identity. Leaders in the city’s progressive community will be partying in the streets in support of our transgender brothers and sisters.

Why outside? The not-so-fabulous truth is that in promoting a noninclusive ENDA, the Human Rights Campaign abandoned the values of equality and inclusion. Transgender Americans need employment nondiscrimination protections at the federal level. Period. A recent study of the transgender community in SF found that 70 percent of transgender women in San Francisco are unemployed. This points to the need for an inclusive ENDA.

When ENDA was being discussed in Congress last autumn, important discussions surrounding political strategy were raised: should we secure legislation that protects all LGBT Americans, or should we compromise the rights of those most vulnerable among us for the gains of many?

A unified front made up of every single prominent LGBT organization nationwide, more than 350 LGBT organizations total, answered in favor of protecting all of us.

Publicly, HRC Executive Director Joe Solomonese promised to transgender activists that the organization would oppose any attempt to introduce a noninclusive ENDA. Meanwhile, behind the scenes, the nation’s supposed leading LGBT political organization worked to strip gender identity protections from the bill in the name of "political expediency" and "incrementalism."

Since that decision, trans activists have organized pickets at HRC’s annual dinner in Washington and at subsequent dinners in cities across the country. Here in San Francisco, we are raising the bar.

In our city, prominent local elected officials and political organizations came out in support of an inclusive ENDA. The San Francisco LGBT Pride Committee nominated HRC for its annual "Pink Brick" award. All of the city’s LGBT elected officials, as well as many allies such as City Attorney Dennis Herrera, Public Defender Jeff Adachi, and Board of Supervisors President Aaron Peskin, are refusing to attend the dinner.

HRC’s failed strategy on ENDA has needlessly divided our community at a time when we are poised to make great gains in civil rights. If any silver lining can be found in this debacle, it’s that a huge majority of queer progressive and even mainstream organizations have come forward to remind everyone that civil rights are not something that can be compromised. That’s a San Francisco value we’re all proud of.

Which is why you’ll find us outside the Westin St. Francis this Saturday — because we want to party with all members of our community. Come join the long list of trannies, queers, gender-fabulous performers, studs, twinks, soft butches, queens, shark femmes, and all fighters for social justice — outside!

SF Pride at Work

SF Pride at Work is an LGBT labor organization.

Letters

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PARTY PROMOTERS


The following two comments appeared with a July 21 posting to SFBG’s Politics blog, "DCCC vote: Does Peskin have it?"

We need a strong leader in our local Democratic Party that will call out our elected leaders on their BS. For example, [Nancy] Pelosi and her continued "do nothing but throw more monies at the war" approach. I have sat by and watched the DCCC leaders do nothing but carry the party line toward the right. It’s time for a change and to bring our party back to the left. Chris Daly would be the best one to make that happen, but unfortunately he is backing Peskin for that. I trust Chris, so I will have to go along with it for now. In 2010 you will have a chance to put your name on the next DCCC race if you don’t like how things are going.

Jerry Jarvis

Sup. Daly, never a fan of your brand of politics. I believe that San Franciscans will for years be harmed if your friend and colleague Sup. Peskin is elected chair of DCCC.

You will see my letter in this week’s Bay Area Reporter quoting both you and Mr. Peskin on your intent to change the way things are done on the DCCC and how you’re being termed off the Board of Supervisors seems to have energized you to find new ways to continue legisutf8g from beyond City Hall.

I fear for everyday San Franciscans, I fear for your children, I fear for businesses (who will pay taxes to support all that you and Sup. Peskin want to do?), and I fear for the survival of a united San Francisco.

Similar to the recent Leno vs. Migden race, I am deeply dismayed at the vitriol and partisan nature this race has taken.

Mark Murphy

WHAT IS JEWISH MUSIC?


The following comment appeared with a July 15 posting to SFBG’s Noise blog, "Shining a light on Diamond Days ’08 music fest."

Heeb magazine repeatedly demonstrates that it is pretty clueless when it comes to Jewish culture outside of a narrow set of tired shticks. When [publisher Josh] Neuman comments that "Jewish music" is "a murky moniker that generally signifies some sort of backwards gaze at a mythical, ‘authentic’ past," he’s demonstrating that he has no idea what’s going on in the Jewish music scene. Jewish music has never been so forward-looking as it is now. There are artists all over the country (and world) exploring what Jewish music can become. They are, with no more lofty goal than making great music, creating a new American Jewish culture that is as vibrant as anything that has come before. But Heeb hasn’t noticed and isn’t interested. In Heeb‘s world, being Jewish is nothing more than wearing a hip "tribe" T-shirt while laughing at your grandparents. Who’s looking backward?

Jack Zaint

The Guardian welcomes letters commenting on our coverage or other topics of local interest. Letters should be brief (we reserve the right to edit them for length) and signed. Please include a daytime telephone number for verification.

Corrections and clarifications: The Guardian tries to report news fairly and accurately. You are invited to complain to us when you think we have fallen short of that objective. Complaints should be directed to Paula Connelly, the assistant to the publisher. We’d prefer them in writing, but Connelly can also be reached by phone at (415) 255-3100. If we have published a misstatement, we will endeavor to correct it quickly and in an appropriate place in the newspaper. If you remain dissatisfied, we invite you to contact the Minnesota News Council, an impartial organization that hears and considers complaints against news media. It can be reached at 12 South Sixth St., Suite 1122, Minneapolis MN 55402; (612) 341-9357; fax (612) 341-9358.

Opening the corridor

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› news@sfbg.com

San Francisco is a dangerous town for butterflies. Xerces blue, a species that once thrived in the city’s dunes, suffered a catastrophic demise in 1941, the first butterfly extinction in the United States caused by urban development.

In the years since, local butterflies haven’t fared much better. According to lepidopterist Liam O’Brien, 24 of 58 local species have been wiped out in regional extinctions caused mainly by habitat destruction. Another three or four, he said, will likely be gone within the next five years.

The green hairstreak is one of these on-the-brink butterflies. Boasting brilliantly verdant wings, the nickel-sized hairstreak lives only in the Inner Sunset’s Golden Gate Heights neighborhood and at Battery Crosby in the Presidio. Survival of the species depends on linking two populations on Rocky Outcrop (14th Ave. and Noriega) and Hawk Hill (14th Ave. and Rivera).

Separated by just five blocks — less than a mile but enough concrete to be the edge of the earth for smaller butterflies — the two hilltop populations are islands whose fluttery inhabitants have become genetically threatened by full sibling inbreeding.

Female hairstreaks rely on one of two native plants, coast buckwheat and deer weed — both of which once grew abundantly on natural dunes — as sites for their eggs. As O’Brien told the Guardian, "The females disperse, and they just disperse into oblivion if they don’t have the host plant to keep it going."

The Green Hairstreak Project is O’Brien’s plan to build a botanical bridge. "We could keep this butterfly alive in the city if we just totally bombard that area with these two plants," he said, adding that starters are being grown in preparation for October planting.

The project is a program of Nature in the City, an organization devoted to the ecological stewardship of San Francisco. Founding Director Peter Brastow said the city is full of "reservoirs of indigenous biodiversity," and believes that the whole urban landscape is a potential habitat. "The other piece of the puzzle," he said, "is connecting up wildlands via corridors."

O’Brien is considering various corridor-constructing strategies, from knocking on doors and giving buckwheat and deer weed plants to residents (he’s mapped potentially usable front yards) to professional dune restoration. During this past hairstreak season, between mid-March and the end of May, he led walks to introduce future stewards to the resident butterfly.

"Literally, can we please just put this plant in your front yard? It’s not complicated," O’Brien assured would-be-hosts, adding that he would like San Francisco to be celebrated for what it saved, not just for a species it destroyed. "Here’s a butterfly that flew at the same time Xerces did. Are we going to step up and do something?"

O’Brien’s hairstreak haven is not the only corridor being mapped out. A few neighborhoods east, artist Amber Hasselbring is building a series of native plant plots that zigzag along Mission District sidewalks. "Think about looking down from Dolores Park," she said, "and seeing this whole thing just unfolding in front of you so the park does not have a border anymore, [but] just flows into the next one."

At Mission Playground on 19th Street and Linda, Hasselbring explained her Mission Greenbelt Project, also a Nature in the City program. From her initial, mammoth vision to "daylight" the buried Mission Creek, she wondered instead about connecting the spaces, and people, that are already part of the community. "The Mission is such an incredible hotspot for culture," she said, "and then we have all these natural areas."

The urban wildlife corridor would meander from Dolores Park to Franklin Square at 17th Street and Bryant, a route based on both existing garden-able spaces — among them Alioto Mini Park (16th Street and Capp) and John O’Connell High School (18th Street and Harrison) — and potentially receptive businesses, such as Project Artaud Theater and KQED’s studios.

Hasselbring is eager to remove sections of unused sidewalk and transform them into sidewalk gardens. Mohammed Nuru, deputy director of operations for the Department of Public Works, told us that the city tries to make the permitting process as simple as possible to encourage citizen-built "green highways." He said it generally takes about six weeks, depending on the area’s status and the planting plan. In the two years it’s been available, more than 200 people have applied.

"We strongly support the greening of the city and the removal of asphalt," he said. "The city has a lot of vacant lots that at one time were planned to be streets, but because the city is so hilly, they never happened. Those are huge opportunities also for becoming green spaces."

In May, Hasselbring and 50 volunteers, organized by the Recreation and Park Department, established 200 individual plants in the three-foot-wide border around Mission Playground. Now, a habitat garden of 13 different species thrives where previously only Rugosa roses and ficus trees grew.

Dylan Hayes, a landscape ecologist and neighbor of this first site, selected the native plants for their ability to foster local fauna: creeping manzanita for wintering hummingbirds, pink flowering current for berry-loving thrushes, sticky monkey flower for bumblebees, and so on.

"It’s like the Field of Dreams: If you build it, they will come," Hayes said, mantra-like. "People are battling about what it means to be a ‘green city.’ But if you want a green city, you need to simply invite nature in."

What the candidates need to tell us

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EDITORIAL The traditional kick-off date for fall campaigns is Labor Day, but in San Francisco, the candidates for supervisor have been in full campaign mode for months now, and some of the races are beginning to take shape. As political groups start making endorsements, it’s worth looking at what’s at stake here — and what the candidates ought to be talking about.

For starters, it’s going to be a crowded fall ballot, and there’s the potential for a broad progressive coalition to come together around a clear agenda for the future. Among the proposals headed for the ballot are an affordable housing plan, a green energy and public power measure, two new tax plans that focus on bringing in revenue from the wealthy, and a huge bond act to rebuild San Francisco General Hospital. All of the progressive candidates should be backing those measures and working together for their passage.

But the candidates also need to offer long-term solutions to the serious problems facing San Francisco. This is a city under enormous pressure, and unless some dramatic policy changes take place, San Francisco will continue its rapid slide toward becoming a city of and for the very rich.

A few items that ought to be on every progressive candidate’s platform:

<\!s>The city’s energy future. The fall ballot measure, the Clean Energy Act, will lay the groundwork for a sustainable local energy policy, although the supervisors will have to aggressively push the key element: creating a city-run electric utility. As long as Pacific Gas and Electric Co. controls the local grid, San Francisco will never meet its environmental goals. Rates will remain high, conservation will be an afterthought, and PG&E will resist any type of renewable program it doesn’t control. The candidates need to make clear that they’re committed to a full-scale public power system and tell us how they will move the goals of the Clean Energy Act forward.

<\!s>The housing crisis. San Francisco’s housing policy today is utter insanity. If it continues, the city in 10 years will look nothing like it does now. The middle class will be gone. Families with kids will be a vanishing species. Tens of thousands of people who work in this city — and keep its economy going — will be forced to live far away. Fancy new towers filled with millionaires will destroy entire neighborhoods and displace the city’s remaining blue-collar jobs.

The affordable housing ballot measure is a good first step, but much more is needed. Solutions aren’t easy, but they start with one premise: the city doesn’t need any more housing for the rich. Affordable-housing programs that set aside, say, 20 percent of new units for non-millionaires are a losing game because they accept as reality the prospect of a city where 80 percent of the residents are millionaires.

San Francisco needs a comprehensive policy that forces the city to meet its General Plan goals, which call for 64 percent of all new housing to be available at below-market rates. We need to hear how the candidates would make that happen.

**The structural budget deficit. San Francisco is a wealthy city, but there’s never enough money in the budget for the level of services residents want and need. With the exception of the rare boom years, the city has always had a revenue shortfall. Sup. Aaron Peskin’s two tax measures could bring in another $50 million per year — no chump change by any means. But the city needs about $200 million more per year to make the numbers balance. The candidates need to talk about where that will come from.

**The Muni meltdown. You can’t have a transit-first policy without effective transit, and Muni’s in trouble. Budget cuts are a big part of the problem, but the city needs a modern transit program — and that’s barely even on the drawing board. How are the candidates going to fix one of the city’s most important services? Will the candidates support the long-overdue completion of the city’s bicycle network and other bold efforts to decrease reliance on the automobile?

**The war on fun. As the city gets richer, it gets more uptight. Street fairs are under attack. Clubs are facing police crackdowns. Permit fees and red tape are making it almost impossible to hold events in Golden Gate Park. Sup. Ross Mirkarimi has a ballot measure to make some of the permitting easier, but what are the candidates going to do to end the Gavin Newsom–era attack on arts and entertainment?

There’s much more: The police aren’t solving homicides. Small businesses feel utterly ignored by City Hall. The Planning Department is run by developers. The list goes on. And the next Board of Supervisors will need to address all those issues. Over the next few months, the candidates that want the progressive vote need to give us some clear explanations of where they stand.

Hunting the lord of war

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› gwschulz@sfbg.com

Accused illegal arms dealer Victor Bout’s long-awaited arrest by Thai police officers March 5 was an important victory against unchecked human rights abuses around the world, and a personal vindication for the San Francisco woman who helped bring Bout to international attention.

Bout arrived at the luxurious Sofitel Hotel in Bangkok believing he was to meet with two senior leaders of the Marxist guerrilla army known as the Revolutionary Armed Forces of Colombia, or FARC. The men, it turned out, were paid informants operating on behalf of US drug enforcement officials.

Through an associate, the 41-year-old Bout allegedly promised to sell the duo large quantities of weapons to continue FARC’s decades-old insurgency against the Colombian government. According to an April federal grand jury indictment filed in New York, the arms included surface-to-air missiles, AK-47s, C-4 explosives, land mines, and even people to help train FARC soldiers in using the weapons.

Among those most relieved — and surprised — at the arrest was a relentlessly determined human rights investigator who lives in San Francisco. Kathi Lynn Austin, 48, has been pursuing the notorious trafficker and war profiteer for more than a decade.

Bout, a former USSR Air Force officer, is widely reputed to be one of the world’s most active criminal arms dealers, perhaps best known for his spectral presence on the African continent. There, he cultivated professional relationships with its litany of brutal dictators and helped fuel some of the most appalling human rights tragedies of the last century.

Austin and other investigators, as well as journalists and law enforcement officials in several countries, say that Bout expertly structured a business empire of shell companies, dubiously licensed cargo planes, and endless arms accumulations from former Soviet stockpiles — all of which were intended to minimize evidence linking his name to illegal weapons dealing.

But the work Austin did to penetrate that shell and expose Bout was so notable and dramatic that Paramount Pictures announced in December 2007 that superstar Angelina Jolie would play her in a drama inspired by Bout’s infamous career.

It’s a stunning achievement for someone who 15 years ago struggled to convince even her colleagues in the human rights community that the end of the Cold War and the globalization of organized crime made nonstate actors like Bout as much of a threat to peace as the tyrannical governments they’d been naming and shaming for years.

"A human rights violation is considered a violation that is carried out by a state actor," Austin told the Guardian. "We were trying to change the whole field of human rights to philosophically say we should be going after these private perpetrators as well."

Austin has helped document Bout’s convoluted network since about 1994, first as a consultant for Human Rights Watch and later as arms and conflict director for the Washington, DC–based Fund for Peace, for which she maintained a San Francisco office, before eventually working for the United Nations.

After returning to San Francisco in June from an 18-month UN mission in East Timor, Austin agreed to talk about her investigations of Bout over several hours of interviews near the North Beach apartment where she’s been holed up writing material for the Paramount script.

Seeing Austin in a crowded coffee shop with clear features and wide, earnest eyes, it’s not easy to imagine her charging through the world’s hellholes: Rwanda, Sierra Leone, Liberia, the Democratic Republic of the Congo, Angola, and other African conflict zones where the UN has imposed longstanding but ineffective arms embargos.

The work of Austin and others repeatedly helped show that death and destruction could continue indefinitely for the right price paid to savvy arms brokers like Bout, while the United States failed to regard the plight of civilian populations across Africa as vital to its interests.

As the world would learn in 2004, even the US military relied on Bout’s planes to conveniently bring its partially privatized war machine down on Iraq, making this story about more than just Bout and his pursuers.

Following Bout’s arrest in Thailand, federal prosecutors here charged him with conspiring to kill US nationals and attempting to illegally acquire anti-aircraft missiles.

In 1997 the United States designated FARC a terrorist group for kidnapping and murdering American citizens in Colombia. US officials also consider Colombia the globe’s largest supplier of cocaine, a trade that’s kept the leftist rebels afloat.

Bout allegedly told DEA informants that an ongoing, violent campaign by the FARC to counter America’s cocaine fumigation efforts in Colombia was his fight, too, and that he could supply the guerrillas with everything they needed.

Days after this story goes to press, however, he’s due for a court hearing in Bangkok, where a judge will decide whether to extradite him to the United States. That means Bout could face a criminal trial on American soil. To Austin, that’s long overdue. She had lost hope that her country would subdue a top-tier enabler of gross human rights violations. A secret sting operation led by American narcotics agents was the last thing Austin believed would lead to Bout’s capture — and for good reason.

She first became aware of his name in 1994, shortly after witnessing one of the brightest moments in contemporary African history. On April 24 of that year, Austin stood near the polling station as Nelson Mandela, a political prisoner of 27 years, marked his ballot in South Africa’s first fully democratic election. She’d been invited to attend after working as a researcher in the Natal province documenting political violence and the apartheid government’s desperate attempts to preserve decades of white control through upheaval and destabilization. No one was sure Mandela would reach the ballot box.

"We got up at three, four in the morning to load a bus," Austin recalls. "Nobody told us exactly where it was. We had to go under cover of darkness. When we got there, he voted just after the sun came up."

The inauguration party weeks later spilled out everywhere in Johannesburg. Austin mingled with foreign journalists and drank champagne. But one of the greatest parties of the century turned glum as vague reports mounted describing trouble in a nearby country, one smaller than Maryland and at the time unknown to most Americans: Rwanda.

"Nothing was really clear. It was all very ambiguous," Austin remembers. "We just kept hearing these reports that 10 Belgian peacekeepers had been killed and the UN was pulling out and people were dying on a massive scale."

The Rwandan genocide would become one of the greatest human atrocities since the Holocaust as extremists from the ethnic Hutu majority massacred at least 800,000 minority Tutsis and Hutu moderates with gruesome efficiency while the world stood by.

As details emerged, Austin raised money in the United States and worked to get to the beleaguered African nation as soon as possible. Meanwhile, a Tutsi-led military offensive defeated the Hutu Power government in the capital city of Kigali by July 1994 and supposedly ended the genocide. But as Austin and others would learn, the violence was far from over.

Hundreds of thousands of refugees streamed toward the eastern border of neighboring Zaire, among them the perpetrators of the genocide. Hidden inside refugee camps, Hutu militias renewed their strength and began amassing weapon caches with the quiet support of Zairian dictator Mobutu Sese Seko.

Austin fearlessly penetrated the militia encampments, persuading exiled Hutu military leaders to disclose how they had obtained antitank grenades and high-caliber ammunition. The list included Col. Théoneste Bagosora, considered to be a chief architect of the genocide. Her trick? Austin told them she was a researcher for the neutral-sounding Institute of Policy Studies — which was technically true — and simply needed to hear their side of the story.

"It was a really treacherous place to be," Austin said. "At the time I appeared young, nonthreatening. I didn’t often say I was with Human Rights Watch…. In any kind of organization, people are motivated by many different things. You find those sources that for some reason or another want to help out or are so ego-driven they don’t think that any information they give to you is going to be used somehow against them."

She also interviewed members of flight crews who gave her information on cargo companies hired by the Mobutu government to secretly supply its Hutu allies with weapons by falsifying official flight plans and end-user certificates, key legal requisites designed to curtail transnational arms shipments.

According to her later Human Rights Watch report, "The militias in these camps have taken control of food distribution, engage in theft, prevent the repatriation of refugees through attacks and intimidation, carry out vigilante killings and mutilations of persons suspected of crimes or of disloyalty … and actively launch cross-border raids."

What didn’t make sense was how the suspected ringleaders of the genocide could obtain weapons despite the return of peacekeepers to the area and an arms embargo on Rwanda imposed by the UN.

CIA investigators later discovered that planes belonging to Bout were involved in supplying the outlaw Hutus, according to Douglas Farah and Stephen Braun’s definitive book on Bout, Merchant of Death: Money, Guns, Planes, and the Man Who Makes War Possible (Wiley, 2007).

Austin also came to that conclusion by the end of an eight-month fact-finding trip to the region carried out in 1994 and 1995. Her findings for Human Rights Watch helped propel her to international notoriety as more NGOs focused on illegal arms flows coming from private brokers.

"The Rwandan genocide was really the watershed, for me and for Bout," Austin said. "In the early years, he’s building his empire and I’m beginning to narrow what I want to investigate. I was becoming more and more convinced that in all the wars I was looking at, it was logistics. It was all about who could bring in the guns, the fuel — keep the war going."

Back then, Bout was still a bit player among many weapons suppliers working on the continent, according to Austin. But he soon did something that would significantly boost his career and help make him what another Bout pursuer once described as "the McDonald’s of arms trafficking." He switched sides and helped the new post-genocide Rwandan leadership topple the neighboring Zairian presidency of Mobutu, Bout’s own longtime client.

Zaire is known today as the Democratic Republic of the Congo. Bout would make yet more money years later aiding another warlord who attempted a violent coup inside the country, Jean-Pierre Bemba. The International Criminal Court last month charged Bemba with mass brutality and rape committed against civilians between 2002 and 2003.

"He [Bout] has no loyalty," a Bout associate told Merchant of Death authors in 2006. "His loyalty is to his balls, his sweet ass, and maybe his wallet."

Probably Bout’s most cynical move occurred in Afghanistan. At the start of his career, in the early 1990s, he allegedly maintained an intimate business relationship with commanders of the Northern Alliance, the tribal army that fought Taliban extremists for years until gaining power in Afghanistan with US help following the Sept. 11 terrorist attacks.

US officials began openly acknowledging in 2005 that Bout earned as much as $50 million also furnishing the Taliban with military equipment during its reign over the country.

Austin’s upbringing is the antithesis of what one might expect from an international human rights investigator. The oldest of five kids, she played guitar in a country-and-western band with the rest of her siblings, embarking on tours throughout the South from their home in Richmond, Va.

"We would play for people who had no money," she said. "We’d camp out for three days just to give them some music."

In the ’60s , the family of Baptists played at small African American churches during the climax of Southern segregation and against the backdrop of racist terror. They defied the neighbors and invited black friends over for dinner or socialized with them publicly. The Austins were largely apolitical, but Kathi says her parents insisted on human decency and encouraged a basic sense of justice and rebellion.

Her exposure to the destitution of many formerly enslaved black families in the South translated seamlessly in her own mind to Africa, a continent that fascinated her. But her understanding of the continent was limited.

"I just wanted to go save Africa one day. It was what I said I wanted to do with my life when I was really young…. I had this kind of missionary zeal, this very naïve, humane impulse."

Few people in her family considered going to college, but Austin hungered for academic achievement, securing a scholarship to the University of Virginia in the late ’70s.

Civil rights turmoil at the school politicized her and transformed her deeply. A model Organization for African Unity held for college students each year at Howard University in Washington, DC had the greatest impact. She attended it devotedly for several years. After competitive debates, politicians, professors, and other experts would speak to the students about Africa’s colonialist history and the anti-Apartheid movement.

"I really began to understand a lot of the underpinnings of what was going on with the African liberation movement in South Africa," she said. "I became engrossed in it and learned a lot intellectually and got a good sense of what I thought."

Austin began to zero in on the Ronald Reagan administration’s agenda of undermining Soviet communist influence in the region. The United States covertly backed the UNITA rebels in Angola against a communist-led liberation movement there, and continued to support the white-dominated and separatist apartheid regime of South Africa.

She wanted to investigate the unsavory relationships Reagan’s White House had developed on the African continent in its crusade to defeat communism during the Cold War. But Austin was aware of only two think tanks in the capital that examined such issues and had a reputation for attracting left-leaning luminaries. One was the nonprofit National Security Archive, a repository of declassified intelligence and foreign policy documents obtained largely through Freedom of Information Act requests.

Headquartered at George Washington University, lawmakers concerned about US covert activities abroad and some of the nation’s best-known journalists, including New Yorker writer Seymour Hersh, palled around at the independent, nongovernmental research library after it was founded in 1985 by a group of muckracking reporters and scholars.

Austin’s internship there in 1988 created a new realm of possibility — solo investigations — and sparked an interest in following the intricate paper trails that accompanied her growing knowledge of Africa’s geopolitical landscape, frequent outbreaks of low-intensity conflicts, and evasive weapons procurers.

But she still had never been to Africa. "That was my big ambition," she said. "If there’s anything about me it’s that I’ve got to see for myself."

As her ties to Washington expanded, she joined a World Bank urban rehabilitation team, writing political and economic background reports on Angola in 1989, believing she could make a difference inside the ill-reputed lender to developing countries.

She didn’t, but it was enough to give her first contact. After that trip to Angola, Austin used her savings to stay behind, joining a UN mission overseeing the withdrawal of Cuban troops above the 19th parallel, who were there as a result of Angola’s years-long civil war. She later went to Mozambique on a MacArthur Foundation grant and interviewed private mercenaries operating there for a report called "Invisible Crimes" that included a simple investigative formula she would employ for years to come: What’s wrong? And who’s doing it?

"Through the years, you realize just what kind of danger she’s in," her sister, Cindi Adkins, said from Virginia. "We would go days, weeks, months without hearing from her. My mom would say, ‘We have to call the Red Cross and see if we can find out that she’s okay.’<0x2009>"

Wanting to escape Washington culture, she moved to North Beach in 1997 after becoming entranced by San Francisco’s slower pace. Between missions, she’d spend full days at Caffe Sapore on Lombard Street writing a book about arms trafficking she’s still working on today.

Stanford University’s Center for African Studies invited her to become a visiting scholar for a year, researching arms proliferation and lecturing students, while the Goldman School of Public Policy at the University of California, Berkeley, did the same thing shortly afterward.

But the San Francisco–based Ploughshares Fund became one of Austin’s biggest supporters, helping her finance the creation of a local arms and conflict office for the Fund for Peace, an antiwar think tank in Washington.

"At that time, one of the areas we did a lot of funding in was the control of small arms and light weapons," said Deborah Bain, Ploughshares’ communications director. "Kathi was someone who did a lot of very courageous work tracking arms flows around the world. We were very impressed with the work she was doing and the kinds of results she was getting."

By then the UN had grown to understand the need for knowledgeable people on the ground who could travel across various war-torn African countries and gather evidence on who was vioutf8g arms embargos and how they were doing it. In the coming years, Austin served as a consultant and official expert on panels that investigated sanctions violations in Liberia, the Congo, Uganda, Burundi, Sudan, and Sierra Leone with teams of other human rights investigators who’d long followed Bout’s operations.

Her ex-boyfriend, Todd Ewing, a foreign economic development specialist and Bay Area native who began dating her in East Africa during the ’90s, described Austin as intense and ambitious. While his own blonde hair and six-foot frame made him conspicuous in the region, he said Austin’s "big brown eyes" and polite manner enabled her to slyly convince gritty characters to talk.

"Her MO at that time would be to just disappear for months [on fact-finding trips]," Ewing said. "I always liked to describe her as a sort of spy for the good guys."

Observers say that history handed the equally ambitious Victor Bout a perfect storm in 1991 at just 24 — an age when many Americans are looking for their first post-collegiate job.

The Soviet empire dissolved that year, ending the Cold War between Russia and the United States. Economic globalization expanded and gave every creative entrepreneur with good connections, criminal or legit, a chance to make a fortune. Aging Cold Warriors in the Beltway during the Bill Clinton era and later in George W. Bush’s cabinet maintained a stark binary ideological view of the world and failed to take seriously the growing threat posed by transnational criminals who had exchanged ideology for profit.

After the Berlin wall fell, corrupt Russian oligarchs infamously plundered the country’s assets as they were privatized following years of state control. Some robbed Russia’s rich oil reserves. Bout sought its military installations and airfields containing rows of cheaply available and unused commercial planes, all essentially abandoned by the central government.

Profiles of Bout put him in Angola — and possibly Mozambique — working as a translator for Russian peacekeepers when the Soviet Union broke up. US officials say Victor Anatolijevitch Bout was born in Dushanbe, Tajikistan, a deeply impoverished former Soviet state, and speaks several languages.

Bout told the New York Times in a rare 2003 interview that he purchased three Antonov aircraft for next to nothing in 1992 and used them to exploit a gap in the transit market, at first ferrying innocuous cargo like flowers from South Africa to the Middle East.

But the mogul quickly fostered connections to old Eastern bloc manufacturing and storage facilities in places like the Ukraine and Bulgaria, which were filled with AK-47s — ubiquitous in the developing world — ammunition, tanks, helicopters, and other military equipment.

Over time, investigators say he erected a complex web of cargo and airline companies designed to throw off suspicion. If one firm faced too much attention from aviation authorities, another was created to hold the assets. Otherwise, bribery, fraud, and forged documents were used, according to a report on Bout created by the US Treasury Department. In many African countries, aviation regulations are weak and international law is rarely enforced.

"Unless confronted with documentary evidence to the contrary, Bout’s associates consistently deny any involvement with Bout himself or playing any role in arms trafficking," the treasury report from 2005 reads.

US officials believed by then that he controlled the largest private fleet of Soviet-era aircraft in the world and employed hundreds of people, overseen partly from a nerve center in the United Arab Emirates, at the time a fast-growing and highly unregulated intercontinental transportation hub east of Saudi Arabia.

The Treasury report and other investigations say Bout became a confidante of the Liberian dictator Charles Taylor, supplying him with gunships and missile launchers. Taylor is currently on trial in the Hague for directing horrifying atrocities in neighboring Sierra Leone, ranging from widespread and extreme sexual violence to drugging and forcing children into combat.

When treasury officials here finally moved to seize Bout’s assets and bar Americans from doing business with him in 2004, they concluded that he had received diamonds extracted from Sierra Leone in exchange for supplying arms to Taylor.

That year saw one of Austin’s boldest attempts to confront the trafficking of illicit goods, on an airport tarmac in the Democratic Republic of the Congo, at that time under its own arms embargo. A UN team Austin worked with uncovered piles of questionable registration records during a surprise inspection of two dozen planes, some of which fit Bout’s profile, as their Russian crews stood by, annoyed.

"I only told one or two high-ranking UN officials to get their permission, so we could be sure it didn’t get leaked out," Austin said. "None of the people involved in the actual inspection knew about it until that morning…. I’m still surprised it was so effective. I’m not sure it would work again."

International aviation rules require pilots to maintain several different types of documents, but the group found that 21 planes had invalid registration papers, two had false airworthiness certificates, and three had no insurance to speak of — telltale signs of smuggling. The group determined that weapons in the area were being exchanged for illegally mined columbite-tantalite, or coltan, a valuable mineral contained in some modern electronic devices such as cell phones.

The revelation led the UN Security Council to place Douglas Mpamo, a prominent alleged Bout manager in the region, on the DRC sanctions list, along with a pair of well-known Bout subsidiaries. With Austin’s help, another reputed top Bout lieutenant named Dimitri Popov made a similar security watch list in the United States.

Meanwhile lower-level bureaucrats in the US State and Treasury departments collected evidence on Bout for years, assisted by Austin, who occasionally met with them to relay information she had gathered on fact-finding missions. She testified to Congress about the proliferation of small arms, too, but after Sept. 11, the White House drifted away from a growing campaign to stop Bout.

"I don’t think the Bush administration should get any credit for the fact that Victor Bout was arrested," Austin said. "I think it has to do with the DEA being insulated from the policy influences of the administration. They kept the case so secret they were able to succeed. In the past, once it became an interagency issue or problem, bureaucratic inertia and turf wars entered in and always raised some obstacle to the actual pursuit of Bout."

Eventually, that bureaucratic inertia began to look like something far more shameful.

On April 26, 2005, several state and federal law enforcement agencies including the FBI, IRS, and Dallas Police Department, raided two homes and an office in Richardson, Texas, looking for evidence that Bout’s tentacles had reached the United States.

The properties belonged to a Syrian-born American citizen named Richard Chichakli, who had served in an aviation regiment of the US Army during the first Gulf War. After being discharged in 1993, Chichakli helped create a free trade zone in the United Arab Emirates.

That’s where Chichakli likely first met Bout. Chichakli later returned to the US and became licensed as an accountant and an expert in military contracting. Officials found records showing that the 49-year-old Chichakli had created American companies connected to Bout.

Also discovered during the raid were wire transfer statements showing hundreds of thousands of dollars at a time moving from Bout-connected companies in the UAE to Chichakli in Texas, and credit card invoices managed by Chichakli listing Bout’s lavish purchases at businesses serving the nouveau riche of Moscow.

The raids were the result of a July 2004 executive order signed by President Bush — who, facing pressure from the UN, authorized the raids and prohibited Americans from doing business with Bout due to his connections to Taylor in Liberia.

The White House’s action came years after Austin and other investigators compiled their own research on Bout’s role in arming African warlords. Thirty companies and four individuals were added to a blocking order as a result. Federal court records from the case include extensive references to UN reports on Bout, including some Austin worked on, like one citing witnesses who saw a Bout-connected plane transporting large volumes of arms and ammunition through a Congolese airport between February and May 2004. Something was finally being done, or so it seemed.

But Austin and her colleagues were furious to learn that the US Defense Department hired Bout’s vast air armada with taxpayer money nearly 200 times in 2004 alone to ferry supplies and construction materials into Baghdad after the start of the Iraq war.

Merchant of Death co-author Braun, a Los Angeles Times national correspondent, reported for the paper in December 2004 that two well-established Bout companies, Air Bas and Irbis, had contracted with the US Air Force and Army as well as private companies like FedEx and Kellogg Brown & Root, the much-maligned former Halliburton subsidiary. The State Department had circulated a list of Bout companies warning its officials not to use them, Braun wrote, but the Pentagon made no similar effort.

A fuel purchase agreement included in Chichakli’s court file shows that the Defense Department used Air Bas "for official government purposes" just nine days after Wisconsin Democratic Sen. Russ Feingold questioned top defense officials, including then–Deputy Secretary of Defense Paul Wolfowitz, about such contracts. But Wolfowitz didn’t acknowledge what he eventually characterized as the "inadvertent" use of Bout’s planes for Feingold until months later.

When Austin delved into the issue in 2005 with fellow Merchant of Death author Farah, a former West African bureau chief for the Washington Post, the pair obtained new information for an article in the New Republic showing that the US military also used Bout-controlled companies during a four-month period in 2005, long after the "inadvertent" contracting had first been publicized.

The discoveries were a major letdown for Austin. She’s discussing with some NGOs the possibility of suing the federal government for vioutf8g its own presidential executive order. But Austin knows that even if Bout lands in a US prison for life, there will be someone else to take his place. It’s already happening, she says. As dark as it sounds, Austin will never have to go without a job.

"I’ve seen so much of the same thing go on year after year," Austin said. "You just have to take it in stride and keep coming back punching and hitting. That’s just the nature of the beast, the nature of the work that I do. You just have to keep going."

Pedal power

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›steve@sfbg.com

Hundreds of bicyclists invaded City Hall July 21 to demand safer bike routes and decry new bureaucratic delays in environmental review work on the Bicycle Plan, which a judge said the city must complete before it can make any improvements mentioned in the plan, from new lanes to simple racks (see "Stationary biking," 05/16/07).

But they arrived a couple hours too late to change the tenor of a hearing on another priority for car-free advocates: the Sunday Streets proposal by Mayor Gavin Newsom to close the Embarcadero to cars Aug. 31 and Sept. 14, which is being challenged on procedural and economic grounds by Board of Supervisors President Aaron Peskin and conservative supervisors.

Presentations to the board’s Government Audit and Oversight Committee in support of Sunday Streets were overshadowed by a big turnout of merchants from Pier 39 and Fisherman’s Wharf — who have vociferously opposed the proposal, citing concerns about lost business — and labor leaders, who unexpectedly lent their support to Peskin’s play.

"We just don’t want to have a beta test of a new program on one of the busiest days of the year," said Karen Bell, executive director of the Fisherman’s Wharf Community Benefits District. "People want to drive down the Embarcadero. They don’t want to take side streets."

Advocates of the program are resisting Peskin’s effort to postpone the events until after an economic study can be done.

"Every other city that’s tried this has found it has tremendous economic benefits, as well as tremendous health benefits and social benefits," said Andy Thornley, program director for the San Francisco Bicycle Coalition.

The committee moved Peskin’s resolution to the full board with no recommendation after Sups. Sophie Maxwell and Tom Ammiano voiced support for Sunday Streets. It was set to be heard July 22 after Guardian press time, but Mayor’s Office officials said they intend to hold the events as scheduled no matter what the outcome and work with opponents to ease their concerns.

But most cyclists were focused on the Bike Plan, which might not have final approval until late next year, as an afternoon Land Use Committee hearing called by Sup. Gerardo Sandoval revealed.

Bicycle Advisory Committee member Casey Allen called the delay unacceptable, and said he’s working with others to formally intervene in the case next month, arguing that unsafe conditions are a public health issue demanding immediate action.

"We have to take risks sometimes and challenge the status quo," Allen said. "That’s how we move forward as a society."

For more on both issues, visit www.sfbg.com

America, meet your new gay bachelor

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Yes, the meat is in! But first, let us pause for some sad news. Estelle Getty, beloved Golden Girl, has passed on to that pastel lanai in the sky. (queer tear.)

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Yet we move on … to myPartner.com‘s crowning, last week, of America’s Most Eligible Gay Bachelor. It was inevitable, I guess, and my inbox has been absolutely flooded of late with what the more or less cynical among us would regard as desperate capitalization on the whole legal same-sex marriage thing. But I must admit that myPartner is a tad genius. It set itself up before the California Supreme Court ruling as a matchmaking site for gays looking for “long-lasting relationships” — kind of a Bizarro Manhunt, except that Manhunt’s recently evolved into the gay MySpace (it’s no longer crossing the line to know what your bff’s dick looks like, zomg). It all seemed a bit confusing initially, especially since the promotional materials featured hot shirtless guys rolling around in bed and promised the possibility of “making connections” on business trips out of town. Slutty! Hedging their bets! But when that ruling came down, myPartner was perfectly positioned to pimp its romantic fantasy wares, and boy did it jump on that shit with this nationwide Most Eligible Gay Bachelor contest. Good for them.

But enough of that — let’s get to the goods. Here he is ladies and gentlemens, after 35,000 big gay online votes (that’s 350,000 in heterosexual votes!) and a live runoff in San Diego during Pride Week, your new husband on the hoof (with foof) is …. Abel Lima, Mr. Rhode Island, who, oddly perhaps, resides right here in San Francisco!

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Just look at that smile! He won $25,000.
Photo by Tara Luz Stevens.

Abel was the winner, out of five finalists, based on high ratings in the category of “mind,” “body,” and “soul.” No word on how he did in the quantum mechanics portion of the contest. Coming in 2020: Most Eligible Gay Widower contest. It’s the Golden Girls all over again!

To scope the other contestants — rather handsome I must say, although I’m still into Polk Street hustlers badly in need of dentistry — click here.

SOS: Clean Energy Rally: Tuesday, ll a.m., City Hall Steps

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Please join us on Tuesday July 22nd at 11am on City Hall steps rally the Board of Supervisors
in support of putting the San Francisco Clean Energy Act on the November Ballot.

The measure will put San Francisco at the forefront of the fight against global warming and put
San Francisco in control of its energy future.

I hope to see you there. All the best,

Julian , campaign chair

WHAT: Environmental and social justice organizations, including the Sierra Club,
ACORN, San Francisco Tomorrow, and the San Francisco Green Party,
will join with State Assemblymember Mark Leno, Supervisors Ross
Mirkarimi, Aaron Peskin and Tom Ammiano, and other civic leaders, to
celebrate the Board of Supervisors placing the San Francisco Clean
Energy Act on the November 2008 ballot.

The Clean Energy Act will enable San Francisco to take control of its
energy future and adopt clean electricity mandates for the City of 51% by
2017, 75% by 2030, and 100% by 2040; setting groundbreaking new clean
energy standards for the nation and the planet.

WHO: Assemblymember Mark Leno, Supervisors Mirkarimi, Peskin and
Ammiano, School Board President Mark Sanchez, Representatives of
environmental and community based organizations.

WHERE: San Francisco City Hall – Polk Street Steps

WHEN: 11 am, Tuesday, July 22, 2008

The battle is on, on guard, B3

Sports: Jersey Boys will be boys

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By A.J. Hayes

They haven’t been teammates since Jimmy Carter’s swansong year in the White House, but when John “The Count” Montefusco and Ed “Ho-Ho” Halicki got together this past weekend and saucily ribbed each other like a couple of high schoolers – one might have suspected the tart-tongued former Giants pitchers were still Candlestick Park locker mates.

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“So when we got on the plane I flushed Ed’s socks down the toilet!” John Montefusco, on one of his Giants days pranks

Though they haven’t spent much time together since 1980, Halicki and Montefusco have a world in common.

Each former pitcher was born in New Jersey in 1950. They were both signed by Giants scout Buddy Kerr in 1972 and made their major league debuts with San Francisco two seasons later in 1974. Each was a classic clubhouse prankster.

And each ace threw no-hitters for the Giants. Halicki, fired his, a 6-0 win over the New York Mets at Candlestick Park on August 24, 1975. The Count, earned his no-no, a 9-0 domination of the Braves in Atlanta on September 29, 1976.

No Giant has pitched a no-hitter since Montefusco’s bicentennial year masterpiece.

In between bites of mini-pizzas, pigs- in- blankets and other hors d’oeuvres and reacquainting themselves with former teammates such as Jim Barr, Mike Sadek, Tom Griffin and Elias Sosa – Ho-Ho and the Count told us what it was to be a Giant in the 1970s.

Montefusco, on hiding Halicki’s socks in St. Louis:

Ed had just beat St. Louis on the road in 1977 and we were headed to the airport to fly back to San Francisco. Ed had a date that night back in the city and boy, was he dressed to kill. He was hot and all sweaty and was the last one to come out of the locker room and he’s yelling ‘I can’t find my socks!’ He’s looking all around and going, ‘someone took my fucking socks!’ – so he ended up putting on these bright orange sanitaries (baseball socks) that we started wearing as part of the uniform that season – so he’s all dressed to kill, but he’s got on these orange socks… well he gets on the bus and the guys start screaming at him ‘cause he was late getting on the bus and Bill Madlock is sitting there laughing at him.

Ed goes up to Madlock and screams “you better give me back my fucking socks!”

Weekly comments too good to pass up: “butt-to-nut”

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Damn, we just can’t pass this one up. A commenter over at the SF Weekly‘s blog posted a message agreeing with Benjamin Wachs that there are some fine folks in the Midwest contrary to what so many San Franciscans seem to believe. I won’t speak for rest of the newsroom here, but I agree with Wachs, too. I grew up in Tulsa and resent any implication that Oklahomans are somehow dysfunctional because popular pundits have encouraged the country to divide each state into two colors and thus make broad assumptions about millions of people. But there’s a problem. Read the comment closely:

Posted at: July 17, 2008 10:54 AM

Dan says:
When San Francisco got too expensive in the late 90s, the ex and I took our freelancing selves to a small town in the Midwest. The generalizations made by the coasters were always amusing to read; our small town of about six thousand was populated by other refugees from big towns, artists and radicals and iconoclasts made it something of a weekend destination and arts center. These people had real cultural connections and credentials but very little of the pretension you’d find at, say, the Lexington (which, more than likely, is jammed butt to nut with a bunch of people who are actually from the Midwest and would be mortified if you found out). I found that we did travel more than when we lived in California. But that was mostly because we were still making San Francisco wages but paying small town Midwestern rent.

Wait. Huh? Wha? Are you talking about the Lexington in the Mission? You’ve been there before, right? Are you sure your parenthetical description of it is, uh, accurate? You’re right about one thing, however. The Lexington, like so many other places in town, contains a lot of refugees from elsewhere who may actually be proud of where they came from but couldn’t stand being treated like second-class citizens there anymore.

Judge denies SF Weekly motion for new trial

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Judge Marla Miller July 18th rejected attempts by the SF Weekly and its chain owner to overturn the Bay Guardian’s victory and $16 million jury award in a predatory pricing case.

The ruling on the defendants’ post-trial motions marked the end of the first full round of this legal fight and sets the stage for a shift to the California Court of Appeal. All that remains to be decided by Judge Miller is the Guardian’s upcoming motion for attorneys’ fees, which are expressly allowed to a prevailing party under the California Unfair Practices Act.

SF Weekly and Village Voice Media had asked Miller to overturn the jury verdict or order a new trial, and the company lawyers spent hours July 8th arguing that the evidence presented in a five-week trial didn’t justify the jury’s decision. And they claimed, in a laundry list of challenges, that Miller had issued improper jury instructions and erred in admitting evidence at trial.

Defense attorneys James Wagstaffe and H. Sinclair Kerr also tried to get the judge to overturn the 16-paper chain’s liabilty for any damages awarded by the jury. That would have left the Weekly as the only guilty party. VVM had admitted in earlier post-trial proceedings that the Weekly has a negative net worth and alone would be unable to pay the Guardian anywhere near $16 million.

Miller, with little comment, denied those requests.

In her “order denying defendants’ motion for new trial” Miller stated:

“To the extent that the motion for New Trial is based upon the grounds of insufficiency of the evidence to justify the verdict (Civil Procedure Code #657(6) and excessive damages (Civil Procedure Code #657(5) the court has weighed the evidence and is not convinced from the entire record, including reasonable inferences therefrom, that the jury clearly should have reached a different verdict. To the extent that the motion for New Trial is based upon errors at law which Defendants contend occurred at the trial and were excepted to by them (Civil Procedure #657(7), the Court finds these contentions lack merit.”

The defendants have said they plan to appeal.

The case centered around the Guardian’s charge that the Weekly had for years violated California’s Unfair practices Act by selling advertising space below the cost of producing it for the purpose of injuring the locally owned, independent competitor.

Evidence presented at trial showed that the Weekly had consistently lost money, as much as $2 million a year, since New Times, now known as VVM, bought the paper in 1995.

The chain later bought the East Bay Express, and transformed it from a profitable paper to one that consistently lost money. Between the Weekly and the Express, VVM has lost some $25 million in San Francisco.

The evidence also showed that VVM’s executive editor, Michael Lacey, had vowed to put the Guardian out of business, and that Weekly advertising and business staff were instructed to try to take business away from the Guardian by below cost pricing, whatever the sacrifice in revenue and profits.

And while the VVM lawyers mounted a convoluted legal argument to claim that the parent company wasn’t legally liable for any damages, the trial showed that the senior executives at the Phoenix-based chain were not only aware of the predatory strategy but were active participants in enabling the Weekly to carry out its pervasive program of below-cost sales..

In fact, two senior officers, CFO Jed Brunst and Controller Jeff Mars, testified on the stand or in pretrial depositions that the SF Weekly would have gone out of business years ago if the chain hadn’t made a policy of shipping large sums of money from headquarters into the San Francisco operation to subsidize below-cost sales.

After the trial, jurors said they were convinced that VVM sought to destroy local competition. Juror Kerstin Sjoquist, a local business owner and graduate student, said in an interview that “it felt overly predatory on the part of the Weekly” and that “the predatory intent trickled down from the top.”

Although the VVM lawyers have 60 days to file their notice of appeal, there’s already some indication of what the chain will try to argue to the higher court. Even before the trial started, Andy Van De Voorde, VVM executive associate editor, who flew in from Denver to cover the trial for the Weekly, argued in his blogs that the California Unfair Practices Act was out of date and irrelevant. Referring to the act as a “depression era law,” (actually, the act dates back to 1913, California’s Progressive Era), Van De Voorde suggested that modern competitive markets made such a law pointless.

The law bars any business from selling a product or service below cost with the intent to harm a competitor or destroy competition. That prohibition has been upheld by many appellate court decisions, some as recent as the 21st century. The state Legislature has reviewed and even amended that part of the state code many times in recent decades, but has declined to make any fundamental changes in the protections afforded by the Unfair Practices Act.

And the trend toward chain ownership and consolidation of businesses in everything from coffee shops to bookstores and hair salons would seem to suggest that the need for a law protecting independent local merchants from predatory chains is greater than ever today.

That’s certainly true for the news media: One company new owns almost every daily newspaper in the Bay Area.

Both before and after the trial, the VVM lawyers also argued that a ban on predatory pricing would violate the Weekly’s First Amendment rights. If the paper was forced to live within its means – that is, to raise ad rates and stop relying on big subsidies from the chain – Weekly managers might have to cut the size of the staff, thus reducing editorial coverage, the lawyers argued.

Two judges – first Richard Kramer, who handled pre-trial rulings, and later Miller – rejected that argument wholesale.

As the Guardian’s lawyers argued, newspapers have always had to follow basic business regulations – even when they might cost money that could have gone to editorial staffing. No newspaper has ever seriously tried to claim that labor laws, or environmental laws, or workplace-safety laws, or tax laws were a First Amendment violation.

Still, those claims may appear again in the appellate briefs.

Meanwhile, the costs to VVM and the Weekly will continue to rise: If the verdict is upheld on appeal, the chain will have to pay interest on the jury award, which is now accruing at about $4,300 a day. And at this point the Guardian has an additional statutory right to recover reasonable attorney’s fees, which could add a substantial amount to the current judgment of more than $16 million

The Guardian’s lawyers are Ralph Alldredge, Richard Hill and E. Craig Moody.

You can read the Guardian’s key legal brief on the post-trial motions here. For a detailed history of the case, click here

DCC vote: Does Peskin have it?

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Chris Daly and Robert Haaland are reporting that Aaron Peskin has lined up the votes to become the next chair of the San Francisco Democratic Party.

It’s been a long and contested fight, and Daly now says it’s over, and that Scott Wiener, Peskin’s opponnent, should essentially drop out.

But Wiener has no intention of backing down; in fact, he just told me by phone that he disagrees with Daly’s claim.

“It’s pure spin,” he said. “I have more committed votes than Aaron does.”

Peskin remains confident that he’ll prevail at the July 23 meeting and that more than half of the 34 voting members are lined up behind him. As for Wiener’s comment, he said: “On Wednesday night, one of us will be right and one of us will be wrong.”

Of course, neither side is releasing a list of names, since there’s still intense lobbying going on behind the scenes.

Should be a wild meeting.

Bad news for SF bicyclists causes bad blood at City Hall

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Advocates for bicycling, walking, and the creation of more carfree spaces were already in full battle mode this week over challenges to Sunday Streets, Mayor Gavin Newsom’s plan to close the Embarcadero to cars for four hours each on Aug. 31 and Sept. 14. Then came word that the Bicycle Plan — which the city must complete in order to lift a two-year-old court injunction against any bike-related projects — is falling behind schedule once again.

The two unrelated setbacks will be the subjects of a pair of hearings at City Hall on Monday, events likely to fill their respective hearing rooms with angry bicyclists, angry business people, and angry political proxies of all stripes.
First up is a 10 a.m. hearing at the Board of Supervisors Government Audit and Oversight Committee on a pair of measures by Sup. Aaron Peskin: one a resolution calling for detailed economic studies before the Sunday Streets events, the other an ordinance that would require board approval for new athletic events that require street closure.

Then the San Francisco Bicycle Coalition has scheduled a 12:30 rally on City Hall steps before the 1 p.m. Land Use Committee hearing, which will include an update on the Bike Plan progress that was requested by Sup. Gerardo Sandoval after learning that work on the plan has fallen months behind schedule due consultants missing deadlines and other bureaucratic delays.

A new poverty index

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This is so obvious that San Francisco ought to be signing on right away (and pushing the speaker of the house to make is happen).

New film celebrates Burning Man

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Tis the season in San Francisco to get ready for Burning Man…and apparently for the release of films about the beloved and bemoaned event. Unlike another recent film that takes a critical look at the shortcomings of the event and its leadership, “Burning Man: Voyage to Utopia” is a celebratory tribute to the event and its central players, particularly founder Larry Harvey and temple builder David Best.
Filmmaker Laurent Le Gall, whose work premieres Friday at the Castro Theater (followed by afterparty at Cafe Flore), gives viewers an inside look at the 2003 event, starting pre-playa with the Temple crew and other attendees, through the arrival of the first dozen people on the playa, and continuing to the Temple burn that culminates the event and brings emotional closure to some of the film main characters, who came from France to attend the event.
Unlike in Oliver Bonin’s “Dust & Illusions,” where Harvey’s disconcerting intransigence during his interviews reinforced accusations of a leadership vacuum, Le Gall shows Harvey at his creative best: engaged, inspiring, playful, cerebral and capable of dropping thought-provoking rhetorical bombs whose impact lingers long after the conversation ends. And Best comes through as the amazing artist and individual that he is.
This is a sweet film, maybe too sweet for many jaded old burners. But at a time when tens of thousands of Bay Area residents are busily preparing for their annual pilgrimage to the playa next month, it’s a film sure to get many people’s juices flowing.

Local Artist of the Week: Noah Beil

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LOCAL ARTIST Noah Beil
TITLE San Francisco, California, 2008
THE STORY Beil’s series “Berms and Drumlins” explores man’s alteration of the landscape. From Ohlone shell mounds to gold mining sediment changing the bay shoreline, the Bay Area has long been subjected to deliberate and unintentional modifications by its inhabitants. This photograph was taken on Treasure Island, a man-made environment built entirely on landfill.
BIO In his landscape photographs, Beil compares natural and man-made features and searches for subtle embellishments to the earth’s surface that may not be readily apparent. He questions whether the reshaping of the earth should be considered destructive or decorative. He lives in Oakland.
SHOW “Eighteen Months: Taking the Pulse of Bay Area Photography.” Thurs/17 through September 19; Wed.-Sat., noon-5 p.m. San Francisco Arts Commission Gallery at City Hall, 1 Dr. Carlton B. Goodlet Place, SF. (415) 554-6080. Opening reception Thursday, July 17, 5:30 – 7:30pm. www.sfacgallery.org.
WEB www.noahbeil.com

The challenge to Newsom…and all of us

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Photo from Portland’s recent ciclovia by Steven T. Jones

It’s not easy to create carfree spaces in automobile-obsessed California, even temporary ones, as Mayor Gavin Newsom is starting to learn. His proposal to create a carfree “ciclovia” along the Embarcadero from Bayview to Chinatown was already scaled back from his original proposal of three consecutive Sundays in August to the recently approved plan for four-hour events on Aug. 31 and Sept. 14.
Merchant groups from Pier 39 and Fisherman’s Wharf lost their minds, screaming with fears of lost business even though motorists will still be able to access their tourist traps by car, and they’ll be joined by thousands of people pedaling, walking and skating past their businesses during prime breakfast and lunch hours. And now members of the Board of Supervisors have added their voices to this shrill chorus.
I knew there would be outrage, and there has been opposition in every city where it’s been tried (and it’s ultimately become popular everywhere it’s been tried). Unfortunately, Newsom has a history of caving in to overentitled motorists. So the challenge now for Newsom — and for all of us concerned about climate change, public health, and the promotion of sustainable forms of transportation — is to do what’s right in the face of fearful proponents of the status quo.
Because creating eight hours per year of carfree space along the San Francisco waterfront is the least we can do.

High speed rail on track

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› steve@sfbg.com

It’s crunch time for high speed rail in California, a project 12 years in the planning that will finally go before voters in November, following a controversial July 9 vote in San Francisco on the system’s Bay Area alignment and ongoing political struggles in Sacramento.

As envisioned by project proponents, riders would be able to board the sleek blue-and-gold trains in San Francisco’s remodeled Transbay Terminal and travel at speeds of up to 220 mph down the Peninsula, cutting over Pacheco Pass into the Central Valley, and arriving at Union Station in Los Angeles two hours and 38 minutes later — or continuing on to Anaheim and arriving 20 minutes after that.

The $9.95 billion bond measure, Proposition 1, would cover about a third of the costs for this initial phase (the plan would eventually extend the tracks to run from Sacramento to San Diego), with the balance borne almost equally by the federal government and private investors. With around 100 million passenger trips per year, and LA-SF tickets projected to cost around $60, fiscal studies show the project will more than pay for itself in less than 20 years, then generate about $1 billion a year in profits.

Perhaps most important in these times of heightened environmental concern, the system is now proposed to run entirely on renewable energy sources and would use about onethird of the energy of air travel and one-fifth that of driving, eliminating 18 billion pounds of greenhouse gases from the atmosphere and reducing California’s oil dependence by 22 million barrels per year.

Yet there are still obstacles that could derail high speed rail, which was set in motion in 1996 by then–state senator Quentin Kopp, a San Franciscan and retired judge who chairs the California High Speed Rail Authority (CHSRA).

Critics of the CHSRA’s unanimous vote choosing Pacheco Pass over Altamont Pass are threatening to sue and now have about 30 days to do so. Union Pacific Railroad has complicated the right-of-way acquisition process by claiming it won’t allow the project on its property. And Gov. Arnold Schwarzenegger and his allies have been inconsistent in their support for the project (see "Silver bullet train," 04/17/07).

On top of that, legislation to update the six-year-old language of the bond measure, Assembly Bill 3034, appeared at Guardian press time to have fallen short of winning needed support on the Senate floor before the July 15 deadline set by Secretary of State Debra Bowen. And there was a renewed effort by Republican legislators to try to push the bond measure back to 2010.

Yet for all the challenges the project continues to face, the recent hearings in San Francisco demonstrated that there is a consensus emerging among some of the most powerful political players in the state that California is finally ready to catch up to Europe and Asia and start building the first high speed rail system in the United States.

CHSRA met in San Francisco July 8-9 to take public comment and finalize its last critical decision before the November bond measure — selecting the train’s route through the Bay Area and making the legal and environmental findings to support that decision. The stakes were high as the board weighed whether to select Pacheco Pass or Altamont Pass as the route from the Bay Area to Central Valley.

CHSRA staff and consultants, along with most Bay Area politicians and civic groups, favored Pacheco Pass, which is the faster and cheaper option, and one that doesn’t require a logistically difficult crossing of the San Francisco Bay to reach the Peninsula.

Most environmental groups favored Altamont Pass, which avoids ecologically sensitive Henry Coe State Park and areas where activists feared the rail line might induce urban sprawl or threaten agricultural viability. The conflict seemed intractable just a few months ago, with South Bay politicians threatening to oppose the project if it used Altamont and organizations, including the Sierra Club, threatening litigation if Pacheco was chosen.

But it appears that project proponents have allayed many of the environmentalists’ concerns by eliminating a proposed rail station in Los Banos or Avenal and including strong preservation policies in the project.

"We have worked with as many of these individuals as we could to accommodate their concerns," CHSRA executive director Mehdi Morshed said at the hearing, noting that they’ve done all they could to make changes and still have a sound project. "We can’t deal with the dogma. Some people say you must do this or else, and we can’t deal with that."

After years of studying the options, Morshed said the choice is clear.

"Pacheco is the appropriate corridor for fast intercity rail service," Morshed told the CHSRA board. "Somewhere along the line, we have to decide we’ve studied enough and move on, and this is one of those circumstances."

Most of the dozens of people who spoke at the hearing agreed, including Tim Frank, who represented the Sierra Club of California and praised CHSRA staff for addressing most of the group’s concerns.

"The opportunity to get people out of cars and out of airplanes and get them into steel wheels running on steel track is very important," Frank said, noting that the project was essential to meeting the state’s goals for reducing greenhouse gas emissions.

Yet others are still threatening litigation, among them Oakland attorney Stuart Flashman, who addressed the hearing on behalf of clients that include the Planning and Conservation League, the California Rail Foundation, and the Mountain Lion Foundation. He made a number of technical points about the project’s environmental impact reports, such as the use of alignment corridors rather than more specific routes.

"We find your report completely inadequate," Daniel McNamara, project director for the California Rail Foundation (a train users group), told CHSRA.

After the vote didn’t go his way, Flashman told the Guardian that the coalition he represents will meet soon to decide what’s next. They have 30 days from when the notice of decision was entered July 9 to sue unless the Attorney General’s Office waives the statute of limitations. "We’re going to be considering what to do now, but litigation is certainly on the table," Flashman said.

Whether filed by this group or another entity, the CHSRA has been working closely with Deputy Attorney General Christine Sproul to create a project that will withstand a legal challenge.

"We wanted to make sure that if and when there is a lawsuit — and there probably will be a lawsuit — that we are capable of defending it," Morshed told the board, noting how Sproul was brought in because of her expertise in environmental law.

Before the authority voted, Sproul explained that the environmental documents are for the overall program to build the project and are therefore not as detailed as the specific project studies that will be performed after CHSRA secures specific property to build on.

"Today, before you is really a broad policy choice," she said.

Sproul also said that the project is likely to proceed even if a lawsuit is filed, noting that getting an injunction to stop the project would require the litigants to secure a bond against losses to the state as it pursues this high-dollar project, "which could be millions."

But recent CHSRA actions have appeased many of the would-be plaintiffs and created a project that was effusively praised by stakeholders.

Mayor Gavin Newsom said San Francisco is "very supportive" of the project and will work to make it a reality. "We stand behind your efforts to bring high speed rail to the state of California," Newsom told CHSRA, later adding, "We need to connect the state to itself."

Newsom said San Francisco International Airport officials support the project. While it might seem to be a competitor, Newsom said high speed rail will take some of the pressure off SFO, which would otherwise experience congestion at problematic levels by 2020. Current plans call for a high speed rail station at SFO, as well as one near Palo Alto.

"We recognize that we need to have competitive modes of transportation," Newsom said. "Our airport is very supportive of this effort, and that’s very important."

Board of Supervisors president Aaron Peskin echoed the point, noting that he began his political career as an activist opposed to filling in more of the bay, something an airport expansion would probably require. He told the authority that his board has unanimously endorsed the project.

Jim Lazarus, vice president of the San Francisco Chamber of Commerce, also announced that group’s support for the project, telling the authority that Californians have long been ready for high speed rail: "I think the public is ahead of the politicians in Sacramento on this one."

Many of the speakers spoke knowledgably about high speed rail.

"I’ve ridden on the Japanese Shinkansen and I can’t wait to ride on the first high speed rail system in the United States," said Dean Chu, a commissioner with the Bay Area’s Metropolitan Transportation Commission.

"I’ve been building high speed rail systems for 15 years in Asia and Europe, and I just want to say, ‘It’s about time’," said Robert Doty, the rail operations manager for Caltrain, who has worked in Germany, England, Taiwan, and China.

Echoing that sentiment was Eugene K. Skoropowski, who also worked on high speed rail projects in Europe before taking his current job as managing director for the Capital Corridor Joint Powers Authority: "It’s about time we bring our American firms that have expertise (on building high speed rail systems) back home to work here."

Enthusiastic supporters of the project urged the authority the move quickly.

"We feel a great deal of urgency over this project," said Emily Rusch, a San Francisco–based advocate with the California Public Interest Research Group.

"Everyone I talk to is very excited about the idea," said San Francisco resident Mary Renner. "It’s embarrassing that we’re so far behind the rest of the world, and I just want to tell you the public is supportive of this project."

"Our priority is to get this thing built and get it built quickly," said Dave Snyder, transportation policy director for the San Francisco Planning and Urban Research Association. "Let’s get rolling on high speed rail."

The final step in getting high speed rail ready for the November ballot was to be AB 3034, which sought to update the language and financial oversight provisions of Prop. 1, whose language was written for the election of 2004 before changes in the project.

"I feel good and I’ll feel better when AB 3034 is in appropriate condition," Kopp said after the vote on the Bay Area alignment.

Kopp was critical of Sen. Leland Yee for amending the bill to guarantee the bond money went to the San Francisco to Anaheim section, something Yee said he did to protect San Francisco’s interests but that Kopp felt hurt the measure’s statewide chances. Yet that tiff was overshadowed by the bill’s apparent and unexpected failure in the Senate.

Sen. Mike Machado (D-Stockton) was unhappy with the Pacheco choice and decided to oppose the project, meaning that proponents needed three Republican votes to win the two-thirds needed for passage and only Sen. Abel Maldonado (R-Santa Maria) was willing to cross party lines, Capitol sources told the Guardian.

Secretary of State Debra Bowen had set a deadline of July 15 for substituting the new language in Prop. 1, so at Guardian press time it appeared the old language would remain in place, which Kopp said was acceptable and probably wouldn’t hurt the project.

Meanwhile, a project opponent, Roy Ashburn (R-Bakersfield), sought to kill Prop. 1 by doing what’s known as a "gut and amend" to an unrelated bill, SB 298 by Senate Minority Leader Dave Codgill (R-Modesto), in an attempt to push the bond measure back to 2010.

If he can find the two-thirds vote in both houses — which most sources consider unlikely — it would be the fourth time the bond measure has been delayed. So barring any unusual political deals, the high speed bond measure is still up in November.

If a majority of voters approve Prop. 1, the CHSRA would begin negotiating rights-of-way and working on final technical studies. Construction could begin as early as 2010, although completion could take up to 10 years.

In the meantime, CHSRA unanimously voted to work with regional rail agencies such as BART to create a rail system over Altamont. As Morshed said, "We need to immediately start working on the Altamont corridor and find a solution to that."

Local Heroes/ Big Picture Week 2

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PREVIEW In the second of ODC Theater’s Local Heroes summer series, Yannis Adoniou, Manuelito Biag, and Alex Ketley are taking over Theater Artaud. Over the past decade or so, each has developed a profile of making dances that leave impressive individual footprints. Choreographically speaking, Biag is the youngest. His work is emotionally and physically boiling with the dark, complex currents that swirl inside relationships, yet he manages to create an odd beauty out of these struggles. Ballast, created for SHIFT Physical Theater, is his newest excursion into that thorny territory called home. A former ballet dancer and a cofounder of the Foundry (with Christian Burns), Ketley often works with a small number of dancers. But for the 2006 WestWave Dance Festival, he set Careless on 10 advanced ballet students from the San Francisco Conservatory of Dance. With the premiere of Monument, performed by 14 dancers, he continues his interest in larger-scale ensemble choreography. He also demonstrates his penchant for juxtaposing live and virtual dance. This memorial for a friend incorporates video, movement, and music. In the 2005 Less-Sylphides, Adoniou (a former ballet dancer as well) pays tribute to Michel Fokine’s 1909 pointe-shoes-and-white-tulle Les Sylphides, which is considered the first abstract ballet. It’s a highly creative take and radical in both senses of the term — deeply rooted while still a complete departure from the original.

LOCAL HEROES/BIG PICTURE WEEK 2 Thurs/17–Sat/19, 8 p.m. Theater Artaud, 450 Florida, SF. $18–$25. (415) 863-9834, www.odctheater.org

Dangerous jumpers

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"We’re not just late ’90s scientifical backpack revivalists," says Ian "Young God" Taggart, one-half of production duo Blue Sky Black Death.

It’s a reference only a hip-hop head could appreciate. The "super-scientifical" tag comes from a verse in Jeru tha Damaja’s 1994 classic "Can’t Stop the Prophet," a bizarre drama in which the Brooklyn MC battles thugs who represent the seven deadly sins. The term has come to represent an influential wing of ’90s hip-hop culture, evoking yin-yang flights of lyrically ornate action fantasy and pre-millennial dread.

But with its fourth album, Late Night Cinema, Blue Sky Black Death has distilled its essence into something more original than Wu-Tang Clan homage. Released on independent hip-hop label Babygrande this spring, it blends live instruments — by Young God and various musician friends — and samples into a dense tapestry of themes, from the antiwar epic "Ghosts Among Men" to the yearning romance "The Era When We Sang." The disc expertly evokes the group’s namesake, a skydiving term for snatching ecstasy from oblivion.

"Probably the most beautiful thing when you’re jumping out is all the blue sky, but it’s the most dangerous thing you can do at the same time, you know?" explains Taggart by phone from his Upper Haight District home. "That’s the black death. I thought it went well with our music because I thought it could be really dark or really pretty."

The 23-year-old Taggart doesn’t earn a living from music yet. Instead, he lives a journeyman’s existence sustained by a hodgepodge of retail and restaurant gigs. Meanwhile his Seattle musical partner, 30-year-old Kingston Maguire, has more stable employment as an apartment complex manager. "I feel like I’m attracted to bullshit jobs so I can focus on my music," Taggart says.

Since joining forces in 2005, Taggart and Maguire have worked hard to expand their audience beyond a small but appreciative following of hardcore rap fans. Their label has a — sometimes unfair — reputation for issuing angry, conspiracy-obsessed rap epics. Its flagship artist is Jedi Mind Tricks, a Philadelphia group whose ’90s-style beats and verbal assaults against organized religion and the government have become a controversial subgenre unto itself.

Blue Sky Black Death has expertly mined this niche with wintry street dreams such as 2007’s Razah’s Ladder, an album recorded in conjunction with Hell Razah from former Wu-Tang affiliate Sunz of Man. But Taggart’s afraid his group is being dismissed as a JMT acolyte. "Honestly, I don’t want to be lumped in with them," he says. "That’s not a diss towards any of those artists, and it’s probably our fault because of the people we’ve worked with. But we try to drift away from that with our instrumental music because we don’t want to be pigeonholed with our sound."

Blue Sky Black Death wants to break out of the super-scientifical ghetto without forsaking its roots. Upcoming projects range from Slow Burning Lights, a San Francisco downtempo band with Yes Alexander from the Casual Lights, to an album with rappers Ill Bill from Non-Phixion and Crooked I. "As far as when we’re making actual beats and we have rappers in mind, I guess we’re definitely influenced by the ’90s sound," says Taggart. "But we take it a lot farther."

Biennialmania

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Biennials, triennials, and whatever other rotation of years, are place-based exhibitions. They obviously happen somewhere, and the place dictates the context. The "Whitney Biennial 2008," for example, focused on "American art," an increasingly ambiguous term — in recent years the show has included growing numbers of artists with hyphenated identities. "Today there are more artists working in more genres, using more varieties of material, and moving among more geographic locations than ever before," reads the blurb on the Web site for this year’s edition. "By exploring the networks that exist among contemporary artists and the work they create, the Biennial characterizes the state of American art today."

That sense of international movement seems to be informing the shape and scope of biennials everywhere, creating curatorial fashions that are almost predictably inventive — and often place structural concepts ahead of visual appeal. The West is riding a surge of art surveys, and you just have to skim the institutional rhetoric to sense how complicated, or perhaps rote, the idea of location has become.

The current Site Santa Fe biennial in a very identifiable New Mexico location is a salient example. It was created by the curator/organizer, Lance Fung, who contacted curators at alternative spaces around the world and asked each to recommend artists. The 22 selected artists and collectives were commissioned to produce ephemeral "site-inspired" projects. As the release notes, "All the works are created on site, and are informed by this specific locale and the surrounding Santa Fe environs…. Much of the show has actually occurred prior to the opening, on the ground in Santa Fe, and prior to that, in virtual space, as ideas, proposals, and thoughts that have been transmitted around the world." The show contains just one collaborative team that lives in Santa Fe.

According to its Web site, Yerba Buena Center for the Arts’ fifth triennial "Bay Area Now" exhibition, opening Saturday, July 19, "explores questions around how to re-imagine a regional survey in the midst of globalization." The Bay Area is an interesting case in this regard because it is a fairly self-enclosed, self-defined site — and unlike the Santa Fe show, few people will travel to San Francisco just to see "BAN 5." Curators Kate Eilertsen and Berin Golonu tackle this formidable scenario with a cross-generational, cross-disciplinary gallery exhibition and four guest-curated shows that "will diversify ‘Bay Area Now”s curatorial vision and extend the artwork beyond the walls of our galleries and beyond the confines of our region." It remains to be seen how successfully they meet the challenge.

It’s interesting to compare "BAN 5" rhetoric with that surrounding the "2008 California Biennial," which opens in October at the Orange County Museum of Art. (Full disclosure: I contributed a short interview to the catalog.) "How does one approach a regional biennial?" states the promotional literature on the show’s Web site. "In a climate of globalism and transnationalism, how does a regional biennial serve artists and audiences? What is distinctive and different about cultural production at this point in time, in this context? How does one approach contemporary artistic practices based on locational parameters?"

The "CAB," organized by Lauri Firstenberg, will also stage off-site projects at venues such as Estación Tijuana, an independent exhibition space in Tijuana, Mexico, and SF’s Queens Nails Annex, a space that hosts BAN 5 as well. Extending an exhibition’s geographical reach is admirable and interesting, though those efforts may fracture these shows and make them harder to see — one wonders, if you just make it to Queens Nails, will you really see "BAN 5" or "CAB"?

The parallels are distinct and reflective of the zeitgeist. But as much as we’d like to think these exhibitions are about now, they most directly reflect the years in which they were organized. America will be getting a new president, but it’s shrinking from rising fuel costs and economic woes. In such an environment, regional identity — think locavores — most likely will grow stronger. Here’s hoping "BAN 5" captures some of that energy.

Doing it naturally

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Donald Fortescue and Lawrence LaBianca’s "Bay Area Now 5" work — jokingly referred to earlier this month as the "Top Secret Oyster Project" — is not just about the creation of a well-crafted object. The piece also deals with the current state of San Francisco Bay’s wildlife, tides, and geography. So the two artists decided to let the physical environment affect the work — literally.

After putting in plentiful research, studying ocean survey charts, and talking with local environmental authorities on the work’s impact of their piece, the pair hired a diver to install the steel-table form they built — a muscled-up version of traditional cabriole or animal-legged furniture, as Fortescue describes it — on the floor of Tomales Bay, where it was designed to sit for several months. During the installation, however, their diver told them that the conditions weren’t the best for the hoped-for weathering and oyster- and barnacle-encrusting process, so the table was relocated to Pillar Point. In the meantime, they gathered hydrophone recordings in Bodega Bay to augment the work.

Fortescue, an Adelaide, Australia, expatriate who now heads the California College of the Arts’ furniture department, and LaBianca, who teaches interior architecture at CCA, share more than a keen interest in the physicality of the Bay Area: the two master craftsmen have a history of creating fine-art sculpture. "For me, it’s all just one spectrum — sometimes located more in one area than the other," says Fortescue from Sebastopol. Although this will be the pair’s first manifestation of an object together, it’s not the first time they’ve worked together. The met in Chicago six years ago when they each had work in a retrospective show of recipients of Virginia A. Groot Foundation grants. About two years ago, they collaborated on a proposal to the Yerba Buena Center for the Arts for an installation based on Herman Melville’s Moby Dick. Even though that project didn’t get the green light, they learned a great deal about collaboration, an approach that seems suited to the Bay Area art scene. "Unlike New York, with artists jockeying to get into the best galleries, you see a lot less ruthless, cutthroat behavior here," Fortescue says. "This is a much more friendly environment, much more helpful.

"I wouldn’t be surprised if what we are making is the most crafted object" in "BAN 5," Fortescue continues. "We use making as a way to explore new ways of making — crafting as an excuse for crafting." Oh, and it’s a great excuse to spend even more time amid the Bay Area’s natural settings.

Super Wofler

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Super Wofler! That’s as good a nickname as any for artist, curator, teacher, and creative tornado Jenifer K. Wofford. In Denmark, a Super Wofler is a mass-produced ice cream cone — as Wofford discovered during a recent artist-in-residence stint near Copenhagen, where she also tracked down a version of Planters’ elusive and endangered CheezBalls, as well as a school named Wofford College, founded in 1854.

But in the Bay Area and in the Philippines, the Super Wofler of Wofford College is Wofford, whose project Galleon Trade invokes and revises Spanish colonial trade routes to forge new cultural and critical exchange. Sparked by Wofford’s curatorial and organizational acumen, Galleon Trade kicked off one year ago in Manila, the Philippines, where art by 12 Californians — including Michael Arcega and Stephanie Syjuco — landed at two galleries, accompanied by many of the artists. Last year, the Guardian gave Goldie awards to Wofford and Arcega, but many other Galleon Trade participants — such as Jaime Cortez and Gina Osterloh — have made equally striking and impressive work.

Wofford has a large San Francisco installment of Galleon Trade planned for the Luggage Store Gallery next year. For the moment, the "BAN 5" version will spotlight some local Galleon Trade–ers, and some Filipino artists — like Norberto "Peewee" Roldan of Green Papaya Art Projects — who Wofford met last summer. "A couple artists are doing work that is phenomenological as opposed to overtly political," she says, during a phone interview that includes an only half-joking reference to "carpetbaggers" when the touchy topic of including non–Bay Area artists is broached. "I could see people getting pinched about the fact that we’re expanding the idea of what should be included." Who says the Bay Area only resides in the Bay Area, anyway?

GALLEON TRADE Sept. 5–Oct. 19 in the YBCA Terrace Galleries. Opening party, Sept. 4, 5–8 p.m.

Book ’em

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Michael Swaine is contagious. Whether investigating Reap What You Sew/Sewing for the People (2001, ongoing) in the streets of the Tenderloin, using braille to make a Plea for Tenderness (2007) at the Southern Exposure Gallery, or joining forces with Futurefarmers and the interdisciplinary design studio’s founder, Amy Franceschini, with whom Swaine began collaborating in 1998, the San Francisco artist brings a driven curiosity and sense of aesthetic detail to every project he touches. If you experience his work, you can’t help but get involved. He has been dubbed Futurefarmers’ "analog anchor," and his involvement in "BAN 5"’s Ground Scores: Guided Tours of San Francisco Past and Personal, guest-curated by Valerie Imus, is an ideal real-world interactive piece in a city of book lovers.

Swaine hopes his walking tours of individual home libraries, How to Organize a Public Library, elicit new audiences for art. He wants to reach "outsiders who don’t go to museums, who perhaps don’t want to go to museums," he said recently on the phone from his SF studio. "Maybe they just happen to love books." Everyone on the tour will be an "active participant," he said. To sign up, people will fill out a survey and must agree to include their own home library on the tour — if it fits the grid of walkable homes that weekend.

The artist is no stranger to walking tours. When he first moved to the Bay Area, he worked at the Exploratorium and fell in love with Bob Miller’s "light walks." These inspired Swaine’s now-legendary "weed walks" that he co-leads with botanist Archie Wessells, and first developed in the Exploratorium parking lot. For his 30th birthday, Swaine organized a 17-hour walk around San Francisco, meeting a different friend each hour and "connecting the dots."

I could connect with Swaine’s vision: my father, an architect in Santa Cruz, has long dreamed of building a library structurally based on the Iliad. What this means, exactly, neither of us knows, but talking about it has been a great bonding ritual for years. Maybe I can convince my dad to come up to the city and turn my sporadically gathered collection of 1970s poetry books and photography monographs into a Homeric fort. If I can, you are all invited to come by with plastic spears and knock it down. Then, with Swaine’s guidance, we might begin to farm the future, collaborating with the books at our feet.

HOW TO ORGANIZE A PUBLIC LIBRARY Walking tours Aug. 23 and 30 (also Sept. 20 and 27), noon–4 p.m. Locations to be announced. For reservations, call (415) 978-2710, ext. 136, or go to www.apleafortenderness.com