San Francisco

Ocean of motion

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What can one say about a producer who schedules four programs with a total of 20 world premieres and gives four evenings to choreographers, two of whom the audience most certainly has never heard of? At the very least, this shows guts and a willingness to trust the artists who’ve been engaged.

Joan Lazarus, the longtime force behind the WestWave Dance Festival, has always embraced risk. She has also shown a singular commitment to local dance, which has not always paid off. For the past few years, the event has struggled to find a new identity. But for this year’s 16th annual fest, Lazarus hit pay dirt. It had been a long time since WestWave attracted such diverse, enthusiastic audiences. Some organizers complained about the paucity of local dancers in the audience. But isn’t this exactly what you want in a festival: to reach beyond the usual crowd?

Not all of the new works, of course, will stand up to repeated scrutiny. If Martt Lawrence’s Rogue Conviviality was embarrassingly amateurish, Kerry Parker’s Aine hit the jackpot in banality. And for the life of me, I couldn’t figure out why Marina Fukushima thought that giving her dancers crutches and milquetoast movements would make Dancing to Dis/ability viable. Also disappointing was Paco Gomes and Chimene Pollard’s On Our Way to Somewhere Else. In the past few years, the Brazilian-born Gomes has shown himself to be a technically competent and fluid dance-theater maker with a distinct voice. Here he was treading water. Leslie Stuck, a well-respected composer and first-time choreographer (using movement material suggested by the peripatetic Alex Ketley), should probably stick to music. His Digression was disjointed and badly in need of a trajectory. But then, that’s often what risky behavior is all about.

WestWave featured four full-evening programs, each by one choreographer. The success rate was about par with the rest of the festival. The one real miss was by Christopher K. Morgan, apparently a substitute for a local choreographer who dropped out at the last minute. Morgan is a genially handsome performer with something of a knack for inhabiting characters, as evidenced in the otherwise maudlin The Measure of a Man. As a choreographer, however, his approach to transutf8g material with themes including race and gender into dance theater proved stupefyingly naive. Monica Bill Barnes’s short program hardly qualified for a full evening. However, her astute talent for creating deadpan gestures for two sad-sack women who stumble into Dean Martin’s lugubrious world marks her as a savvy comedian. Her Suddenly Summer Somewhere brimmed with pathos and laughter, a rare gift in dance.

No local comes close to approaching Amy Seiwert’s gutsy approach to new ballet choreography. During her first full-evening program, it was easy to appreciate how her reach has expanded and her artistry deepened in less than a decade. Seiwert showed two world premieres. Beautifully refined, Carefully Assembled Normality was indeed just that. Spooling off into separate trajectories, melting into unison, riding partners on, from, and above the floor, three couples wove through Kevin Volans’s score with the grace and ease of friends at play. Double Consciousness excellently set Charlie Neshyba-Hodges’s stocky virtuosity against the rhythm and the content of Marc Bamuthi Joseph’s poetry.

Formally, the original Kate Weare is a minimalist; she choreographs short solos, duets, and the odd trio. Yet emotionally, she paints on a large scale, exploring love, power, and womanhood. Intricately structured, her pieces started innocently but quickly turned gothic. A tango’s entanglements imprisoned both partners. A loner who thought he had the stage to himself was felled by three female ghosts. The discordant tones in the tender new Duet for the tall Weare and the tiny Leslie Kraus were hardly noticeable, but they were there. The second premiere, Trio, started in a silly, teenybopper mode (hops in unison, wiggled butts, flipped skirts, belly pats). But almost imperceptibly, the game turned nasty as one of the girls became the victim of a vicious play for dominance — so vicious it got to the point at which it was almost hard to watch. Weare should try tackling larger forms.

WestWave’s second set of programs offered a mixed repertoire of four approaches to dance: ballet, international, dance theater, and modern. The genres were loosely interpreted; nevertheless, they offered a pleasing, shape-giving frame to each evening’s quintet of works.

Setting his lovely In Fugue on five men and two women allowed Mark Foehringer to reverse common gender relationships. For once, the men starred, and the women supported. Though it started on a strutting, macho note, the piece quickly shifted to a mode of congenial partnering between equals, reminding us that men elegantly dancing with one another is common in many parts of the world. Also intriguing were Christian Burns whipping through seductive yet artificial beauty in Beneath Your Sheltering Hand; Kerry Mehling’s fiercely combative duet, Are You Emotionally Involved; and Stacey Printz’s spatially and emotionally nuanced Birds, Bees and Other Metaphors. The collaboration between video artist Austin Forbord and Brittany Brown Ceres, Corps de Co., resulted in a virtuosic and cheeky game about speed, scale, and timing.

Now for the bad news. WestWave’s budget was so tight this year that the festival could not pay any of the dancers. (Previously, participants shared the house.) Once again, it’s the artists who are the biggest supporters of the arts. Also, fest producer Lazarus has had it; she quit. Is she tired of dance? Of course not. Is she sick of fighting the money battle? You bet. One doesn’t like to think it, but if WestWave should fold for financial reasons, summers in San Francisco will be ever drearier than they so often already are. *

www.westwavedancefestival.org

Who killed Brad Will?

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news@sfbg.com

Oaxaca, Mexico — Those of us who report from the front lines of the social-justice movement in Latin America share an understanding that there’s always a bullet out there with our name on it. Brad Will traveled 2,500 miles, from New York to this violence-torn Mexican town, to find his.

Throughout the summer and fall of 2006, the southern Mexican state of Oaxaca was on fire. Death squads, the pistoleros of a despised governor, rolled through the cobblestoned streets of this colonial capital, peppering with automatic weapon fire the flimsy barricades erected by masked rebels. Hundreds were killed, wounded, or imprisoned.

Will, a New York Indymedia videojournalist, felt he had to be there. Xenophobia was palpable on the ground when Will touched down. Foreign journalists were attacked as terrorists by the governor’s sycophants in the media: "Si ves un gringo con cámara, matanlo!" the radio chattered — if you see a gringo with a camera, kill him!

For much of the afternoon of Oct. 27, Will had been filming armed confrontations on the barricades just outside the city. He was trapped in the middle of a narrow street while gunshots boomed all around him, but he kept filming, looking for the money shot.


And he found it: on his final bits of tape, two clearly identifiable killers are perfectly framed, their guns firing. You hear the fatal shot and experience Brad’s shudder of dismay as the camera finally tumbles from his hands and bounces along the sidewalk.

By all visible evidence, Brad Will filmed his own murder. But this is Mexico, where justice is spelled impunity — and Will’s apparent killers continue to ride the streets of Oaxaca, free and, it seems, untouchable.

Curiously, this egregious murder of a US reporter in Mexico has drawn minimal response from US Ambassador Tony Garza, an old crony of President George W. Bush. Why this lack of interest? Can it be that Washington has another agenda that conflicts with justice for Will — the impending privatization of Mexican oil?

HEADING SOUTH


Will was once a fire-breathing urban legend on Manhattan’s Lower East Side. Whether perched atop the Fifth Street squat where he had lived for years and waving his long arms like Big Bird as the wrecking ball swung in, or being dragged out of City Hall dressed as a sunflower while trying to rescue the neighborhood’s community gardens, this child of privilege from Chicago’s wealthy North Shore was a legitimate street hero in the years before the World Trade Center towers collapsed and the social-change movement in New York City went into deep freeze.

Will hosted an incendiary weekly show on the New York pirate station Steal This Radio and was an early part of Indymedia, the Web publishing experiment born during the "Battle of Seattle," the World Trade Organization protests that rocked that city in 1999.

With his long hair neatly tied back and parted down the middle, with his granny glasses and fringe beard, and with his fierce commitment to building community, Will seemed to have emerged whole from a more utopian time in America.

He was an independent journalist, one of the growing number of people, such as Josh Wolf in San Francisco, who use the Internet and their video cameras to track and report on social moments and injustice. He wore no credential from any major news organization. But using outlets like Indymedia, he — like Wolf, who spent seven months in prison to avoid giving the police a copy of his video outtakes — represented part of the future of journalism.

Will’s journey to the land where he would die began right after Sept. 11, 2001. Dyan Neary, then a neophyte journalist, met Will in a South Street skyscraper elevator coming down from the WBAI studios from which Amy Goodman broadcast soon after the terrorist attacks.

"We walked down the piles. They were still smoking," Neary remembered in a phone call from Humboldt County. "We were both really scared. We thought this was not going to be resolved soon. Maybe never. So we thought we should go to Latin America, where people were still fighting."

Will and Neary spent most of 2002 and 2003 roaming the bubbling social landscape of Latin America. In Fortaleza, Brazil, they confronted the director of the Inter-American Development Bank during riotous street protests. They journeyed to Bolivia too and interviewed Evo Morales, not yet the president. They traveled in the Chapare rainforest province with members of the coca growers’ federation. They hung out in Cochabamba with Oscar Olivera, the hero of the battle to keep Bechtel Corp. from taking over that city’s water system. Everywhere they went, they sought out pirate radio projects and offered their support.

In February 2005, Will was in Brazil, in the thick of social upheaval, filming the resistance of 12,000 squatters at a camp near the city of Goiânia in Pernambuco state, when the military police swept in, killing two and jailing hundreds. On his videos, you can hear the shots zinging all around him as he captured the carnage. Will was savagely beaten and held by the police. Only his US passport saved him.

Undaunted by his close call, Will picked up his camera and soldiered back through Peru and Bolivia, and when the money ran out, he flew back to New York to figure out how to raise enough for the next trip south. He was hooked. In early 2006, drawn like a moth to flame, he was back, tracking Subcomandante Marcos and the Zapatistas’ Other Campaign through the Mayan villages on Mexico’s Yucatán Peninsula.

In the spring of 2006, Will was back in New York as he tracked the Other Campaign and the incipient rebellion in Oaxaca on the Internet from his room in Williamsburg. (The rent gougers had forced him out of the Lower East Side.) He was poised to jump south again, friends say, but was worried that he would just be one more white guy getting in the way.

In the end, the lure of the action in Oaxaca pulled him in. He bought a 30-day ticket, caught the airport shuttle from Brooklyn to John F. Kennedy International Airport, and flew south Sept. 29. His return was set for Oct. 28. He never made that flight.

THE COMMUNE OF OAXACA


A mountainous southern Mexican state traversed by seven serious sierras, Oaxaca is at the top of most of the nation’s poverty indicators — infant mortality, malnutrition, unemployment, and illiteracy. Human rights violations are rife. It’s also Mexico’s most indigenous state, with 17 distinct Indian cultures, each with a rich tradition of resistance to the dominant white and mestizo overclass. Oaxaca vibrates with class and race tensions that cyclically erupt into uprising and repression.

The Party of the Institutional Revolution, or PRI, ruled Mexico from 1928 to 2000, the longest-running political dynasty in the world. The corrupt organization was dethroned by the right-wing National Action Party (PAN) and its picaresque presidential candidate, Vicente Fox, former president of Coca Cola México.

But in Oaxaca, the PRI never lost power. While voters were throwing off the PRI yoke all over the rest of the country, in Oaxaca one PRI governor had followed another for 75 years. The latest, Ulises Ruiz Ortiz, a protégé of party strongman and future presidential candidate Roberto Madrazo, won a fraud-marred election over a right-left coalition in 2004.

In the first 16 months of his regime, Ruiz proved spectacularly unresponsive to the demands of the popular movements for social justice. When, on May 15, 2006, National Teachers Day, a maverick, militant local of the National Education Workers Union known as Section 22 presented its contract demands, Ruiz turned a deaf ear. Then, on May 22, tens of thousands of teachers took the plaza and 52 surrounding blocks and set up a ragtag tent city. Each morning the maestros would march out of their camp and block highways and government buildings, which were soon smeared with anti-Ruiz slogans.

Ruiz retaliated before dawn June 14, sending 1,000 heavily armed police officers into the plaza to evict the teachers. Low-flying helicopters sprayed pepper gas on the throng below. Ruiz’s police took up positions in the colonial hotels that surround the plaza and tossed down concussion grenades from the balconies. Radio Plantón, the maestros’ pirate radio station, was demolished and the tent city set afire. A pall of black smoke hung over the city.

Four hours later a spontaneous outburst by Oaxaca’s very active community, combined with the force of the striking teachers and armed with clubs and Molotov cocktails, overran the plaza and sent Ruiz’s cops packing. No uniformed officers would be seen on the streets of Oaxaca for many months. And on June 16, two days after the monumental battle, 200,000 Oaxacans marched through the city to repudiate the governor’s "hard hand." The megamarch was said to extend 10 kilometers.

John Gibler, who closely covered the Oaxaca uprising as a human-rights fellow for Global Exchange, wrote that the surge of the rebels June 14 soon transformed itself into a popular assembly. The Oaxaca Peoples Popular Assembly, or APPO, was formally constituted June 21. The APPO had no leaders but many spokespeople, and all decisions had to be made in assemblies.

A CITY PARALYZED


For the next weeks, the actions of the APPO and Section 22 paralyzed Oaxaca — but the rest of Mexico took little notice. Instead, the nation was hypnotized by the fraud-marred July 2 presidential election in which a right-wing PAN-ista, Felipe Calderón, had been awarded a narrow victory over leftist Andrés Manuel López Obrador, the candidate of a coalition headed by the Party of the Democratic Revolution. López Obrador was quick to cry fraud, pulling millions into the streets in the most massive political demonstrations in Mexican history. Oaxaca still seemed like small potatoes.

But Oaxaca is an international tourist destination, and the APPO and Section 22 protests had closed down the tourist infrastructure, blocking the airport and forcing five-star hotels to shutter their doors. On July 17, Ruiz was forced to announce the cancellation of the Guelaguetza, an indigenous dance festival that has become Oaxaca’s premiere tourist attraction, after roaming bands of rebels destroyed the scenery and blockaded access to the city.

Ruiz began to fight back. By the first weeks of August, the governor launched what came to be known as the Caravan of Death — a train of 30 or 40 private and government vehicles rolling nightly, firing on the protesters. Ruiz’s gunmen were drawn from the ranks of the city police and the state ministerial police.

To keep the Caravan of Death from moving freely through Oaxaca, the APPO and the union threw up barricades; 1,000 were built in the working-class colonies throughout the city and its suburbs. The rebels piled up dead trees, old tires, and burned-out cars and buses to create the barricades, which soon took on a life of their own; murals were painted using the ashes of the bonfires that burned all night on the barriers. Indeed, the barricades gave the Oaxaca struggle the romantic aura of the Paris Commune uprising of 1871 and attracted droves of dreadlocked anarchists to the city.

An uneasy lull in the action gripped Oaxaca on Oct. 1, when Will arrived at the bus terminal, then found himself a cheap room for the night. The break wouldn’t last long.

ON THE BARRICADES


Like most non-Mexicans who style themselves as independent reporters, Will had no Mexican media credential and therefore was in the country illegally, working on a tourist visa and susceptible to deportation. To have some credential other than his Indymedia press card to hang around his neck, he got himself accredited with Section 22 and wore the rebel ID assiduously.

On Oct. 14, APPO militant Alejandro García Hernández was cut down at a barricade near Símbolos Patrios, a downtown plaza. Will joined an angry procession to the Red Cross hospital where the dead man had been taken.

In the last dispatch he filed from Oaxaca, on Oct. 16, Will caught this very Mexican whiff of death: "Now [García Hernández lies] waiting for November when he can sit with his loved ones on the day of the dead and share food and drink and a song … one more death — one more martyr in a dirty war — one more time to cry and hurt — one more time to know power and its ugly head — one more bullet cracks the night."

The dynamic in Oaxaca had gotten "sketchy," Will wrote to Neary. Section 22 leader Enrique Rueda Pacheco had cut a deal with the outgoing Fox government and forced a back-to-work vote Oct. 21 that narrowly carried amid charges of sellout and payoffs. If the teachers went back to work, the APPO would be alone on the barricades and even more vulnerable to Ruiz’s gunmen. But backing down was not in the assembly’s dictionary, and the APPO voted to ratchet up the lucha (struggle) and make Oaxaca really ungovernable.

Mobile brigades were formed — young toughs armed with lead pipes and nail-studded boards who hijacked buses still running in the city, forced the passengers off, and rode around looking for action. Later the buses would be set afire. Charred hulks blossomed on the streets of the old colonial city. The barricades were reinforced to shut down the capital beginning Oct. 27.

The escalation proved to be a terrible miscalculation. In Mexico City the postelectoral turmoil had finally subsided, and PAN was ready to deal with the PRI; bailing out the governor of Oaxaca was the PRI’s price of admission.

It wasn’t a good time for inexperienced foreigners. Ruiz’s people were checking the guest lists at the hostels for "inconvenient" internationals. Immigration authorities threatened extranjeros with deportation if they joined the protests. The local US consul, Mark Leyes, warned Americans that he would not be able to help them if they got caught up in the maelstrom.

Adding to this malevolent ambiance, a new pirate station popped up Oct. 26. Radio Ciudadana (Citizens’ radio) announced it was broadcasting "to bring peace to Oaxaca" and to celebrate the honor of "our macho, very macho governor." The announcers seemed to have Mexico City accents. Wherever they had been sent from, they let loose with a torrent of vitriolic shit — stuff like "We have to kill the mugrosos [dirty ones] on the barricades." The extranjeros, the radio said, were stirring up all the trouble: "They pretend to be journalists, but they have come to teach terrorism classes."

More frightening was this admonition: "Si ves un gringo con cámara, matanlo!" — "If you see a gringo with a camera, kill him!"

This poison spewed out of local radios all day Oct. 26 and 27, but whether Will heard the warnings — and if he did, whether knew what they meant — is unclear. He didn’t speak much Spanish.

SHOT IN THE CHEST


On Oct. 27, Will went out to do interviews on the barricade at Santa María Coyotepec, about 20 kilometers from the city. The three barricades at Coyotepec, Cal y Canto, and La Experimental were crucial to closing down Oaxaca the next day. The broad Railroad Avenue where the barricade was stacked was empty. Nothing was moving. Will walked on to the next barricade at La Experimental to check out the action.

Soon after the Indymedia reporter left, all hell broke loose at Cal y Canto. A mob of about 150 Ruiz supporters stormed down Railroad Avenue, led by what witnesses thought was a Chevy Blazer. The vehicle was moving very fast. "We thought it would try and crash through the barricade," Miguel Cruz, an activist and witness, recalled. But the SUV stopped short, and several men jumped out with guns blazing. The APPO people hunkered down behind the makeshift barrier and moved the women and kids who were with them into a nearby house. Then they went on the counterattack with Molotov cocktails, homemade bazookas that fired bottle rockets, and slingshots. Most of the mob had melted away, and with the gunmen retreating, the rebels torched their vehicle.

Will heard about the gunfire and hurried back to Cal y Canto with a handful of other reporters. They arrived a little after 3 p.m.

Will climbed under a parked trailer to film the shooters. He focused on a man in a white shirt. When an APPO activist (who is not seen on the videotape) came running by, Will indicated the shooter — "Camisa blanca." While all this was going on, the camera captured a bicyclist peddling dreamily through the intersection. Soon after, a large dump truck appeared on the scene, and the group on the barricade used it as a mobile shield as they chased the gunmen down the avenue.

Suddenly, the pistoleros veered down a narrow side street, Benito Juárez, and took refuge in a windowless, one-story building on the second block. The only access to the building was through a large metal garage door, and the reporters followed the APPO militants, many of whom were masked, as they tried to force their way in. Will stood to one side of the door for a minute, poised for the money shot. Then the compas tried unsuccessfully to bust down the big door by ramming the dump truck into it.

In the midst of this frenzy, five men in civilian dress — two in red shirts (the governor’s color) and the others in white — appeared at the head of Benito Juárez, about 30 meters away, and began shooting at the rebels.

Two of the gunmen were later identified by Mexican news media as Pedro Carmona, a cop and local PRI political fixer, and police commander Orlando Manuel Aguilar Coello. One of those in the white shirts, crouched behind Carmona, was Abel Santiago Zárate, a.k.a. El Chino. Santiago Zárate and Aguilar Coello were reported to be the personal bodyguards of municipal president Manuel Martínez Feria of the PRI. The other two would later be fingered as Juan Carlos Soriano, a.k.a. El Chapulín (the grasshopper), and Juan Sumano, both Santa Lucía del Camino police officers. All five are eminently identifiable in the film Will shot just moments before the bullets hit him.

When the shooting erupted, Will took cover on the opposite side of the narrow street from the rest of the media. He was crouched against a lime green wall when the first bullet came. On the video soundtrack, you can hear both the shot and Will’s cries of dismay as it tore through his Indymedia T-shirt and smashed into his heart. A second shot caught him in the right side and destroyed his innards. There was little blood spilled, the first slug having stopped his heart.

In footage that witness Gustavo Vilchis and others filmed, the entrance wound of the first shot looks like a deep bruise. The second shot was not recorded on the soundtrack and may have been fired simultaneously with the first.

Others were shot in the pandemonium. Oswaldo Ramírez, filming for the daily Milenio, was grazed. Lucio David Cruz, described as a bystander, was hit in the neck and died four months later.

As Will slid down the wall into a sitting position, Vilchis and activist Leonardo Ortiz ran to him. Will’s Section 22 credential had flown off, and no one there knew his name. With bullets whizzing by, the compas picked Will up and dragged him out of the line of fire and around the corner to Árboles Street, about 35 paces away. Along the way, his pants fell off.

"Ambulance! We need an ambulance! They’ve shot a journalist!" Vilchis, a tall young man with a face like an Italian comic actor’s, shouted desperately. Gualberto Francisco, another activist, had parked his vochito (Volkswagen Bug) on Árboles and pulled up alongside Will, who was laid out on the pavement in his black bikini underwear.

Ortiz and Vilchis loaded the dying Will into the back seat. They thought he was still breathing, and Vilchis applied mouth-to-mouth resuscitation. "You’re going to make it … you’re all right," they kept telling him. But Will’s eyes had already turned up — he was perdido (lost), as they say in Mexico.

The vochito ran out of gas, and while the frantic young men ferrying Will were stuck in the middle of the Cinco Señores crossroad, it began to rain hard. They tried to stop a taxi to take them to the Red Cross, but the driver supported the government and wanted to argue. Finally, they flagged down a pickup truck and laid Will out in the bed. He was dead when he arrived at the hospital, according to the report by the coroner, Dr. Luis Mendoza.

THE OUTRAGE BEGINS


Oct. 27 was the bloodiest day of the Oaxaca uprising. Four people were killed besides Will: Emilio Alonso Fabián, Esteban Ruiz, Esteban López Zurita, and Audacia Olivera Díaz.

Unlike their murders, Will’s death triggered international outrage. Because he was so connected — and because much of the episode was recorded on film —the shot of the mortally wounded Indymedia reporter lying in the middle of a Oaxaca street went worldwide on the Web in a matter of minutes.

There were instant vigils on both coasts of the United States. On Oct. 30, 11 of Will’s friends were busted trying to lock down at the Mexican consulate off Manhattan’s Park Avenue, where graffiti still read "Avenge Brad!" in December. Anarchists splattered the San Francisco consulate with red paint. Subcomandante Marcos sent his condolences and called for international protests. Goodman did an hour-long memorial.

On March 16, 2007, at its midyear meeting in Cartagena de Indias, Colombia, the Inter-American Press Association, an organization devoted to freedom of speech and the press in the Americas, passed a resolution calling for action on the Will case.

"The investigation into the killing has been plagued by irregularities and inconsistencies, and no arrests have been made," the group said in a statement. IAPA called for the federal attorney general to take over the investigation, "in view of the lack of confidence in state authorities and the lack of progress in the case, so that it may apprehend the culprits, who, according to one theory of the investigation, may be indirectly linked to state authorities."

The official reaction to Will’s death was more cautious. "It is unfortunate when peaceful demonstrations get out of hand and result in violence," a US spokesperson told the media, seeming to blame the APPO for Will’s killing. After once again warning Americans that they traveled to Oaxaca "at their own risk," Ambassador Garza commented on the "senseless death of Brad Will" and how it "underscores the need for a return to the rule of law and order."

"For months," he said, "violence and disorder in Oaxaca have worsened. Teachers, students, and other groups have been involved in increasingly violent demonstrations."

Garza’s statement sent Fox the signal he had been waiting for. Now that a gringo had been killed, it was time to act. The next morning, Oct. 28, 4,500 officers from the Federal Preventative Police, an elite force drawn from the military, were sent into Oaxaca — not to return the state to a place where human rights, dignity, and a free media are respected but to break the back of the people’s rebellion and keep Ruiz in power.

On Oct. 29 the troops pushed their way into the plaza despite massive but passive resistance by activists, tore down the barricades, and drove the commune of Oaxaca back into the shadows.

In Mexico the dead are buried quickly. After the obligatory autopsy, Brad’s body was crated up for shipment to his parents, who now live south of Milwaukee. After a private viewing, the family had him cremated.

SHAM ACCOUNTABILITY


Killing a gringo reporter in plain view of the cameras (one of which was his own) requires a little sham accountability. On Oct. 29 the state prosecutor, Lizbeth Caña Cadeza, announced that arrest warrants were being sworn out for Santiago Zárate and Aguilar Coello, two of the five cops caught on film gunning Will down, and they were subsequently taken into custody.

The scam lost currency two weeks later when, on Nov. 15, Caña Cadeza dropped a bombshell at an evening news conference: the cops hadn’t killed Will, she said; he was shot by the rebels.

Will’s death, she insisted, had been "a deceitful confabulation to internationalize the conflict" and was, in fact, "the product of a concerted premeditated action." The mortal shot had been fired from less than two and a half meters away, Caña Cadeza said — although there is nothing in the coroner’s report to indicate this. The real killers, she said, were "the same group [Will] was accompanying."

In the state prosecutor’s scenario, the order of the shots was reversed: first Will had been shot in the side on the street, then rematado (finished off) with a slug to the heart on the way to the hospital in Francisco’s vochito.

The prosecutor’s plot was immediately challenged by the APPO. "The killers are those who are shown in the film," Florentino López, the assembly’s main spokesperson, asserted at a meeting that night.

And in fact our detailed investigation shows that there is very little evidence to support Caña Cadeza’s theory. Photos from the scene, some published in the Mexican media, show Will’s body with a bloody hole in his chest on the street near where he fell — indicating that his fatal heart wound occurred well before he was dragged into the car where he was supposedly shot.

There’s another problem with the prosecutor’s suggestion: nobody on the scene saw any APPO members, or anyone except the authorities, carrying guns. This reporter has talked to numerous eyewitnesses, and all told the same tale: the rebels at the barricade that day had no firearms with which they could have shot Will.

Miguel Cruz, who spent much of Oct. 27 with Will, first at the Council of Indigenous People of Oaxaca, of which he is a member, and then on the barricade at Cal y Canto and on Juárez Street, is a soft-spoken young Zapotec Indian, but he pounded vehemently on the kitchen table when he addressed Caña Cadeza’s allegations.

"The compañeros had no guns. What gun is she talking about? They had slingshots and Molotovs but no guns. The PRI-istas and the cops had their .38s, and they were shooting at us," he said. "We were trying to save Brad Will’s life, not to kill him."

And if Caña Cadeza had any proof of her allegations, she likely would have filed charges. But none of the protesters or Will’s companions has been formally charged with the killing. Prosecutors have never publicly presented the alleged murder weapon.

But by the time Caña Cadeza told her story, of course, the only way to determine for sure the order of the bullets and the distance from which they had been fired would have been to exhume Will’s body. And there was no body; he had been cremated the week before.

On Nov. 28, Santiago Zárate and Aguilar Coello were released from custody by Judge Victoriano Barroso because of "insufficient evidence," with the stipulation that they could not be rearrested without the presentation of new evidence.

Caña Cadeza, who is now running as a PRI candidate for the state legislature, collaborated closely on the case with Oaxaca secretary of citizen protection Lino Celaya. Both reported to Ruiz’s secretary of government, Heliodoro Díaz, who in turn reported directly to the governor. There seems little doubt that the prosecutor’s accusations of murder against Will’s comrades — and the determination of innocence for the apparent killers — came straight from the top.

ON THE EVIDENCE TRAIL


Dr. Mendoza was occupied when I stopped by the Oaxaca city morgue to ask for a copy of the autopsy report on which the state has based its allegations.

"Will died eight months ago," Mendoza complained testily. "Do you know how many others have died since? How many autopsies I’ve performed?" He gestured to a morgue room where cadavers were piled up.

The coroner was scrunched over his desk, filling out the paperwork for one of the dead. He didn’t have any time to look for the autopsy report. I was not the first reporter to ask him about the document. "What paper are you from anyway?" he asked suspiciously, and when I showed him my media card, he told me that it didn’t sound like a real newspaper to him. "I know what I’m doing. I worked as a coroner in your country," he snapped defensively and waved me out of the office.

But Mendoza might not be quite as cocksure as he sounded. A senior agent for the US government in Oaxaca, who asked not to be named in this article, told me later that Mendoza confided to him that he was no ballistics expert, nor could he determine from how far away the bullets were fired.

I walked into the police commissary under the first-floor stairs of the Santa Lucía del Camino Municipal Palace. The small room was crowded with cops and cigarette smoke. Three of the officers were in full battle gear, and the rest were plainclothes. I had been warned not to ask for Carmona, the most prominent red shirt on Will’s film. Carmona is described as a prepotente — i.e., a thug with an attitude who is always packing.

Instead, I asked the desk clerk if I could get a few minutes with Santiago Zárate and Aguilar Coello. For all I knew, the two were sitting in the room behind me. The desk clerk studied my card. "Qué lástima!" he exclaimed — what a shame. Santiago Zárate had just left and wouldn’t be back until after six. Aguilar Coello was off that day. When I called back after six, Santiago Zárate was still not available. Nor were he and Aguilar Coello ever available the dozen or so times I called back.

This sort of stonewalling is not terribly unusual for Mexico, where killer cops often sell their services to local caciques (political bosses) and go back to work as if nothing had happened. Those who direct this sort of mayhem from their desks in the statehouses and municipal palaces — the "intellectual assassins," as they are called — are never held accountable for their crimes.

A VISIT FROM HOME


In March, Brad’s parents, Kathy and Howard Will, and his older brother and sister paid a sad, inconclusive visit to Oaxaca. They had hired Miguel Ángel de los Santos Cruz, a crackerjack human rights lawyer who has often defended Zapatista communities in Chiapas. Gibler, the Global Exchange human-rights fellow, was the translator.

The Wills, upper-middle-class Americans, had little experience with the kind of evil that lurks inside the Mexican justice system; the trip was a traumatic, eye-opening experience.

The federal Attorney General’s Office had taken over the case from the state in December, but rather than investigating police complicity and culpability, it was pursuing Caña Cadeza’s dubious allegation blaming Will’s companions for his killing.

Gustavo Vilchis, Gualberto Francisco, Leonardo Ortiz, and Miguel Cruz were summoned to give testimony, with the Wills in attendance. Testifying was a risky venture, as the witnesses could have been charged with the murder at any moment, but out of respect for the family, the compas agreed to tell their story to the federal investigators. During the hearing they were repeatedly questioned about and asked to identify not the cops who appear on Will’s film but their own compañeros, some masked, who appeared on tape shot by Televisa, the Mexican TV giant. They refused.

When Los Santos accompanied the Wills to a meeting with Caña Cadeza, she touted her investigation and promised them a copy of its results. But she refused to allow the family to view Will’s Indymedia T-shirt and the two bullets taken from his body. They were, she explained, under the control of Barroso — the judge who had cut loose the cops.

THE POLITICS OF OIL


There are larger geopolitics at work here.

The US Department of State has a certain conflict of interest in trying to push first-year Mexican president Calderón to collar Will’s killers. The crackdown in Oaxaca was all about a political deal between Calderón’s PAN and Ruiz’s PRI: if PAN saved the governor’s ass, the PRI would support the president’s legislative package.

Indeed, the PRI’s 100 votes in the lower house of the Mexican Congress guarantee Calderón the two-thirds majority he needs to alter the constitution and effect the change that’s at the top of his legislative agenda — opening up Petróleos Mexicanos, or PEMEX, the nationalized petroleum corporation and a symbol of Mexico’s national revolution, to private investment, a gambit that requires a constitutional amendment.

Since then-president Lázaro Cárdenas expropriated Mexico’s petroleum industry from Anglo and American owners and nationalized it in 1938, the United States has been trying to take it back. "Transnational pressure to reprivatize PEMEX has been brutal," observed John Saxe Fernandez, a professor of strategic resource studies at Mexico’s autonomous university, Universidad Nacional Autónoma de México.

During the run-up to the hotly contested 2006 presidential elections, candidates Calderón and López Obrador debated the privatization of Mexico’s national oil corporation before the American Chamber of Commerce in Mexico City; former US ambassador Jeffrey Davidow moderated the debate. When the leftist López Obrador insisted that he would never privatize what belonged to all Mexicans, the business leaders stared in stony silence. The conservative Calderón’s pledge to open PEMEX to private investment drew wild applause. Calderón was, of course, Washington’s horse in the fraud-marred election.

In order to accommodate Washington, Calderón needs a two-thirds majority in the congress — and the PRI’s votes in the lower house are crucial to guaranteeing passage of a constitutional amendment. "Without the PRI’s votes, PEMEX will not be privatized. That is why Calderón has granted Ruiz impunity," Saxe Fernandez concluded.

Washington is eager to see PEMEX privatized, which would create an opportunity for Exxon Mobil Corp. and Halliburton (now PEMEX’s largest subcontractor) to walk off with a big chunk of the world’s eighth-largest oil company. Pushing Calderón too hard to do justice for Will could disaffect the PRI and put a kibosh on the deal.

It is not easy to imagine Brad Will as a pawn in anyone’s power game, but as the months tick by and his killing and killers sink into the morass of memory, that is exactly what he is becoming. 2

John Ross is the Guardian‘s Mexico City correspondent. This story was comissioned by the Association of Alternative Newsweeklies and is running in about 20 alternative papers this week.

Careers and Ed: A life of death

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A kid gets killed in the cross fire of a shooting. Someone digs up a human skull while planting begonias. An elderly woman dies in her sleep in an apartment no one has visited in years.

In all these cases, somebody — or somebodies — has to examine the scene and, well, the bodies to find out what happened. And as any fan of hard-boiled detective stories, CSI, or Quincy, M.E. knows, those somebodies are the forensic team, perhaps most prominently the coroner.

It’s a mysterious job with macabre connotations, imbued with a mix of excitement and dread. A new show on Spike purports to show armchair detectives what it’s really like, with Grand Guignol bravado, but I always wonder, is that really how it is? So I decided to find out.

GOING DOWNTOWN


I start with our own fair city of night, only to discover that the subject of coroners is more complicated than I thought. What TV often portrays as one or two jobs is often many different jobs. And San Francisco County doesn’t have a coroner — a position defined as an elected or appointed government official who deals with deaths that raise questions. Instead, it has a medical examiner, whose office is headed by an MD or doctor of osteopathy. The difference may seem like semantics, but it’s an important distinction for people in the field.

I also learn that it will be next to impossible to meet San Francisco’s medical examiner, Dr. Amy Hart. Unlike her predecessor, Dr. Boyd Stephens — whose media accessibility and subsequent scrutiny led to controversies about the reuse of needles, improper ventilation against dangerous pathogens in autopsy rooms, misappropriation of funds, and sexual harassment — Hart is fairly shy when it comes to the media. Public controversy can be a downside to the job, whether it’s over the contested findings of Los Angeles’ fabled "coroner to the stars" or the unpopular study by Marin County’s coroner of suicides on the Golden Gate Bridge.

So I get the basics about the job from Hart’s deputy administrative director, Stephen Gelman, at the ’50s-era Medical Examiner’s Office on the grounds of the Hall of Justice. Gelman, a middle-aged, white-haired former special agent with the Department of the Treasury, explains the makeup of the office: 32 people, including forensic pathologists and anthropologists, toxicologists, chemists, investigators, and administrative personnel.

And becoming part of Hart’s team isn’t easy, especially since forensic-themed TV shows and the office’s involvement with UC San Francisco managed to attract 160 applicants during a recent call for three positions. Preference is given to those with a background in medicine and, at the very least, the funeral industry.

"IT’S CHINATOWN …"


But those are just the facts. My experience at the Alameda County Coroner’s Bureau, an art deco, cream-colored building on the outskirts of Chinatown, is much more visceral.

Inside I meet the genial Lt. Jason Arone, who explains that the bureau has been under the jurisdiction of the Alameda County Sheriff’s Office since 1989. That gives Sheriff Gregory Ahern the title of chief coroner, but on a day-to-day basis, Arone is the guy in charge. I also meet Mike Yost, a former detective who is now a public administrator, which means he handles the belongings of decedents, from pets to hidden stashes of money.

Downstairs, the morgue is pretty much what movies would have you expect: cold metal and antiseptic green tile. Arone pauses at the sound of a saw — we can’t go inside if there’s an autopsy under way. But it’s just carpenters fixing a door. Inside, I’m struck by the lack of sliding-drawer coolers — bodies are identified by photograph these days and are kept in less-obvious storage rooms.

Then I meet autopsy technician Smiley Anderson — sometimes referred to as "the bullet finder" by resident pathologists. The 25-year veteran started working in his family’s mortuary as young man in the South — much the way many in coroner’s offices got their start. But Anderson says the field is changing now. Crossover careers are rarer, and he says the best way to get in is through an education in medicine.

As I sit at his desk outside the autopsy room, I notice what Arone calls "the meat-locker smell." It’s neither the smell of embalming fluid that I associate with funerals nor that of decay — just a stale, permeating reminder of what’s inside.

OUT IN THE FIELD


It’s midafternoon when I meet Alameda County Coroner’s Bureau detective Eric Larson, who’s agreed to show me the other side of the job: going out on calls. I wait with the jocular thirtysomething until two calls come in.

One is a follow-up from the night before. A young girl and her brother were at the house of a family friend, which also serves as a rehabilitation facility; soon after dinner both fell ill. The brother recovered, but the young girl died. Larson decides to ask some questions, though the toxicology report is still pending.

The other call is a notification about a suicide on the Golden Gate Bridge. (Sometimes Alameda County representatives will handle calls for Marin County if the next of kin is in the East Bay.)

Larson puts on his flak jacket as part of his routine, and we get into one of the department’s cars. Since it’s not a pickup, he says, we won’t need one of the vans.

The first stop is at a sagging west Oakland house. The man who answers the door is barely coherent but sends us to Children’s Hospital. When we get there, I’m amazed to see the little boy we got the call about bouncing up and down, chewing on a french fry. When he sees Larson, he starts singing, "Bad boys, bad boys …" Larson laughs and says, "That’s my favorite song, buddy." The child’s hale liveliness is heartbreaking with the knowledge I have of his sister.

Larson asks the family friend, who’s at the hospital, for any information on the night before. It’s unclear whether he’ll get answers, and he tells me that sometimes he never does. In fact, that’s one of the hardest parts of the job. "It doesn’t matter how much science you throw at it," he says. "Sometimes it comes out undetermined."

It’s getting late as we head to the home of the suicide victim’s sister in Castro Valley. No one answers the door. Larson checks with the Marin County Coroner’s Office for another address, then stops by a dispatch office to get directions. Notification is important to Larson, as people may otherwise never hear about the fates of their loved ones.

We arrive in a quiet, ’70s-era housing tract in San Leandro, at the house of the victim’s mother. Again, no one is home, but a neighbor with emergency keys checks the house, determining that the victim’s mother has gone for a walk with her dogs. We wait at the house.

When she arrives, she knows what Larson’s going to say before he opens his mouth — but the news is no less brutal. When we leave, her neighbors are sitting beside her on the couch, friends from happier, simpler times.

It’s late when we return to the office, and Larson is supposed to work another swing shift tomorrow. But he gets a message from home. The son of a friend died in an accident. The funeral is tomorrow.*

Careers and Ed: Back-to-school blues

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Jessica Dorfman had hit a wall. She’d been doing film production for several years but had gotten as far as she could go on her own. So she decided to go back to school.

"I needed guidance and stimulation from others doing the same thing, and I just felt like I finally had to set aside time to work on the craft of it," she said.

But after applying to several different programs and weighing her options, she almost didn’t go.

"I have a life here that I like, I have good friends, I have a girlfriend," she said. "I was feeling good about staying in San Francisco."

But when she discovered that her name was the first pulled off the waiting list at the University of Texas at Austin, she knew she couldn’t pass up the opportunity. Which means that now, after nearly 10 years working in the professional world, Dorfman will uproot her life and move almost 2,000 miles for three years of graduate school funded by student loans.

And she knows that the challenges facing her are much different than those of first-time college students. Deciding to go back to school carries a heavy weight for those attempting to juggle commitments to employers and families with the new commitment to school. And that’s not even mentioning the necessary adjustment to being surrounded by younger students and new technology.

So how does someone like Dorfman overcome the obstacles?

Do the research. That’s the advice of Gabe DeGabriele, a consultant for the Association of Non-traditional Students in Higher Education (www.antshe.org), who consistently sees a dearth of support for nontraditional students in higher education.

"There’s a lack of access to child care, access to financial assistance, access to programs with flexible programming," DeGabriele said.

Which is where ANTSHE comes in. The advocacy organization for adults returning to school provides scholarships, ways to connect with other adult students, an annual conference, and support to institutions in better accommodating adult learners.

But DeGabriele said students can overcome some of these obstacles just by checking up on an institution before selecting one. "Call the admissions office and ask what the percentage of nontraditional students is," he said. "If they know without having to look it up or check with someone, you can bet they’re well equipped for handling" the needs of adults in education.

In fact, it may be more beneficial to attend a school that requires a commute or a full-blown move if it has better support than to attend one down the block.

But choosing the school with the right programs is only the first step. Actually going can still be a burden.

"It’s a very costly process for [adult students]. Aside from the financial cost there’s a large emotional cost," said DeGabriele, who notes that nontraditional students are often more motivated than younger ones but often for scary, real-life reasons. "They may be sacrificing time with their family or from their job, and there can be a big fear of failure."

Because of these special circumstances, most experts agree that it’s important for nontraditional students to find and support one another. That’s what Elizabeth Sheppard, who recently returned to school at Western Kentucky University to become a teacher, found.

The other students weren’t always receptive to her, and she felt that they often equated her with their parents. So she started approaching other people who looked like nontraditional students. Talking to them was so rewarding, she started a school-sponsored group for this minority.

And then she went even further, starting a Web site (www.nontradstudents.com/index.html)and a blog (non-traditional-students.blogspot.com) devoted to students like her. The site will soon begin tracking nontraditional-student groups across the country. Sheppard also moderates a Yahoo! group (groups.yahoo.com/group/Non-trads) that anyone can join. Members provide one another with advice and encouragement; they also vent their frustrations.

"The hardest thing they were concerned about was money," Sheppard said. "A lot of times people get used to having one or two full-time incomes, and when they choose to go back to school, even part time, the whole family has to cut back."

For this reason Gen Tanabe, coauthor of the book 501 Ways for Adult Students to Pay for College, says that he often hears from adult students that they wish they had better prepared their family for the sacrifices that would have to be made.

"You need to really need to sit everyone down and say, ‘You know, we may not be able to go on a vacation this year or we might not be able to buy as many new clothes or spend as much time together.’ But if everyone is prepared for that and willing to support it, the whole process is going to be much easier," Tanabe said.

Acknowledging and accepting these possibilities is an important way to avoid what Tanabe called the "worst-case scenario," a parent returning to school but becoming so distracted by family issues that they do not finish and end up enduring unneeded emotional strain and wasting financial resources.

Families may have to deal with added stress when a parent chooses to return to school, but Tanabe said such a decision might have a beneficial effect on their younger members.

"When children see the sacrifices their parents are willing to make to return to school and see them stick with it, even if it’s really hard financially and emotionally, but how great the outcome is, they really learn the value of an education," he said.

Tanabe encouraged students to check with their institution’s financial aid office as a first step in helping to alleviate the financial burden and said many schools have offices specifically aimed at adult students.

"Those offices have a wealth of information," said Tanabe, who also runs Supercollege.com, a directory of scholarships available to students. "I tell people, ‘Don’t try to reinvent the wheel. Let them help you with what they already know.’<\!q>"

Tanabe also encourages would-be students to look to the Internet as a source of continuing education.

"More established, accredited institutions are offering online classes. It’s becoming more trusted by students, especially for the flexibility it offers adult students, but also employers are more accepting of it, because even in traditional classes so much of the material is done online now," he said.

Luckily, financial aid is also available for online degree seekers. And while these opportunities are more readily available to anyone, that leaves a lot more time to worry about the really important aspects of returning to school. Like, are Trapper Keepers still cool?*

Careers and Ed: Working for play

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Who says you have to leave the days of building forts and wearing play clothes behind just because it’s time to "grow up" and get a "real job"? Not Barbara Butler, play professional.

The Bay Area artist makes her living building fanciful castles, pirate ships, and tree houses for kids all over the world. And she says her work is just as much fun for her as the results are for her clients. Plus: her office wear? Faded jeans, hiking boots, and a purple T-shirt that says, "Go Outside."

So how exactly does someone end up designing miniature lighthouses and two-story play sets as a career?

Butler’s fascination with the architecture of play began during her "uproariously fun" childhood in Watertown, New York, where she lived in an eccentric turn-of-the-century house complete with speaking tube, secret hiding places, and seven brothers and sisters (she’s number six) with whom to explore.

Much later her two contractor brothers introduced her to the construction trade. And in 1986 in San Francisco she and a friend founded Outer Space Design, a business specializing in creative landscaping and deck design. But it wasn’t until Bobby McFerrin (of "Don’t Worry, Be Happy" fame) commissioned her to build a unique playhouse in his Noe Valley backyard that Butler’s true path became clear.

Butler so enjoyed creating a space for McFerrin’s two children — an endeavor that combined her love of sculpture, building, color, play, and the outdoors — that she decided to do it for a living.

"Everyone said that I was crazy thinking I could turn this into a real business," she says.

But with the help of her family, she has indeed transformed the art of play into a profitable endeavor. Her sister Suzanne is a company partner and the business manager. Her husband, Jeff, whom she met on the job, coordinates materials, deliveries, and installations. Her brother James does all the drafting, and her niece Gabriella is the resident bookkeeper. With this team behind her, she’s now building 60 custom residential commissions a year, plus two or three public-use projects.

Originally, Butler and crew built everything from scratch and on-site. But they’ve since streamlined the process. Butler now has several standard designs for castles, forts, and theaters, as well as play features such as secret escape hatches, jailhouses, two kinds of slides, fire poles, zip lines, climbing walls, and a clubhouse with a mail slot and a who-goes-there peephole. She also has a "template wall," which is filled with irregular shapes and cutouts for achieving her trademark "wicky-wack" look. "Carpenters and builders are great at making right angles — but it drives me crazy," she says. The modular redwood and metal structures are assembled by Butler’s team in her 9,000-square-foot South San Francisco studio before being broken down and shipped in flat-panel packs all over the world.

The process starts when Butler meets with her pint-size clients (and their generous parents). She likes the experience to be fun from start to finish, so initial meetings tend to be lively and exciting, with everyone talking at once. "No idea is too wild or crazy at this point," she says.

Families discuss whether they’d like extras such as a drop table and bench, a double-barrel rotating water cannon, a ship’s wheel, a pulley bucket, a secret safe, or a flagpole with three different flags. One of Butler’s favorites is a wiggly bridge with boards at off angles so you feel like you could fall through (even though you can’t). "It takes some nerve to walk across," she says. "A lot of my designs are about creating illusion and disorientation, which are key to kids."

Next the family chooses one of 60 shades of nontoxic stain to be used on the structure. And finally Butler takes a closer look at the space and budget and begins to prioritize. "It’s a very collaborative process," she says.

Butler also keeps in mind that kids won’t stay kids forever. She encourages clients to consider a structure with an enclosed clubhouse, for when kids outgrow the slides and swings and enter the "hangout" stage. She’s also designed the playhouses to be bolted into the ground for easy installation and — when the kids are gone and the parents want to reclaim their backyard — removal. (Though Butler’s team refurbishes, sells, and delivers used play structures to recipients on a long waiting list, most of the playhouses are passed from generation to generation.)

Of course, not all of Butler’s structures are just for the kids. She recently built a tree house 18 feet off the ground in Santa Barbara, a commission from a grandfather who confessed to Butler that while it was for his grandkids, he also wanted to be able to read his newspaper up there. "The whole time I was designing, I had this image of an overstuffed leather chair in the corner," Butler says.

And as a way of making sure that every structure is as safe as possible, Butler builds according to the same code she once used for decks. "I always say that whatever I build should be able to handle a bunch of drunk adults at night," Butler says. Still, her real joy is in making autonomous, safe play spaces that kids can call their own. "It’s amazing how little interest I have in building adult structures," she says. "If they wanted things like good lookouts and secret passageways, I might consider it."*

BARBARA BUTLER

(415) 864-6840

www.barbarabutler.com

The devil’s bargain at the Transbay Terminal

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By Tim Redmond

If you don’t like the notion of a 1,200-foot tower scarring San Francisco’s skyline — and I don’t — then maybe you ought to read this fascinating piece on Calitics, and stop for a minute to think about what this city, and this state, is doing.

Why do we have to live with a giant highrise office tower near the Transbay Terminal? Because if we don’t, there won’t be any money to build what should be the central transit link for the Bay Area, a landmark bus and train station on the scale (we’re told) of Grand Central in New York. It’s an essential part of the city’s future.

But the project costs a lot of money, almost a billion dollars — and nobody wants to pay higher taxes to fund this sort of thing. In fact, nobody in California wants to pay higher taxes for anything. So the folks at City Hall have decided that the only way we can have a new transit terminal is if we hock a piece of our city and our skyline to fund it. So we take some of the land on the terminal site and let a developer build a monstrosity of a highrise on it — and that will bring in the money that we can’t get any other way.

It ‘s the same reason we have that god-awful RIncon Tower sticking its ugly head into the sky: The developer offered to pay for a fair amount of affordable housing and other community amenities that the taxayers won’t fund because local government can’t raise taxes in California without reaching extraordinary lengths that are almost politically impossible. So here’s the deal: You want affordable housing? Give a big developer the rights to do something awful, and in exchange, we’ll get a few dollops of cash for civic needs.

Imagine, for a moment, what the state might look like if we’d had to cut this kind of deal to build the University of California system. You want nice colleges? Okay — sell off the coast and let it become a giant Miami Beach. You don’t want to do that? Too bad — no world-class university system for your kids.

This is the devil’s bargain we have agreed to settle for in 2007, and it sucks.

Careers and Ed: Paid to party

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By Molly Freedenberg

For some of us, playing is an escape from work. But for a lucky few, playing is their work. Sound like fun? It is, say the professional partyers we interviewed. But it’s still … well … work. Below are full interviews with Juanita More, Justin Morgan, DJ Solomon, Nicole Cronin, Andie Grace, Lisa Hix, and Syd Gris — all people whose job it is to make you forget yours.

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JUANITA MORE
HOSTESS, DJ, PERFORMER, ARTIST, ILLUSIONIST, MUSE, MODEL

www.juanitamore.com

San Francisco Bay Guardian: What do you do and what are your primary duties?

Juanita More: I wear so many different hats, it’s hard to throw a label on me. But, I think the persona the public most perceives is that I am a full-time party girl. In reality, I spend the majority of my time creating, supporting and developing new ideas, artwork and events.

SFBG: Is this your primary form of income? If not, how else do you make money?

JM: What money?

Phil Bronstein, man of action!The San Francisco Chronicle, newspaper of action!

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By Bruce B. Brugmann

And so the headline in the new Editor & Publisher magazine proclaims, “Bronstein Launches New ‘Journalism of Action’ After Big Cuts.” And the lead says that “With its massive newsroom staff cuts essentially complete, the San Francisco Chronicle is embarking on a new approach to coverage that Editor Phil Bronstein likens to that practiced by William Randolph Hearst.”

Read the full story below for the juicy stop-the-presses details about the phrase “being bandied around in the Chronicle newsroom since last Thursday.”

Impertinent questions for Bronstein and Hearst corporate: Does “journalism of action” mean you will you now start covering the PG&E/City Hall/Raker Act scandal stories? If not, why not? And if not, could you explain which Hearst “journalism of action” tradition you are talking about? Are you talking about the anti-PG&E “journalism of action” tradition in which Hearst supported the federal Raker Act that allowed San Francisco to dam the Hetch Hetchy dam in Yosemite National Park for the city’s cheap, public water and power supply? Or are you talking about the pro-PG&E “journalism of action” tradition in which Hearst reversed himself in the late 1920s to support PG&E and oppose public power after getting a handy chunk of capital from a PG&E-controlled bank?

Let me put the question as simply as I can: Does the
new Bronstein policy mean that Hearst will end its longtime “journalism of action” on behalf of PG&E and start some “journalism of action” on behalf of San Francisco residents and businesses? Let us pray.

B3, still annoyed to see from my office window the fumes rising from the Mirant power plant at the bottom of Potrero Hill, courtesy of PG&E and Hearst/Bronstein “journalism of action”

Click here to read full Editor & Publisher article.

Should Daly run for mayor?

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By Tim Redmond

Sup. Chris Daly, who unequivocally was not running for mayor a few weeks ago, is now actually talking about it again. The journalist in me says that’s a wonderful idea – raise some issues, stir up a fuss, force Newsom to face a real challenger in a real debate …. Makes for great stories.

The San Francisco progressive in me is a bit more nervous.

Daly’s not going to win, not without some sort of stunning event. (Which is possible; I mean, Newsom could utterly melt down in October, start babbling incoherently, punch out Dan Noyes on camera, admit he was secretly funding the weapons procurement program at Your Black Muslim Bakery or something …. And Daly could suddenly find himself the front runner.)

But for all practical purposes, the point of a mayoral race would be twofold: To raise issues while holding Newsom accountable – and, equally important, to build momentum for the fall 2008 supervisorial races.

I can’t emphasize enough how important the 08 races are – control of the board, and the political agenda in the city, will be at stake. Tom Ammiano, Aaron Peskin, Jake McGoldrick, and Gerardo Sandoval will be gone, victims of term limits. Ross Mirkarimi will be up for re-election, as will Sean Elsbernd. In four key open seats, the entire balance of power in the city could shift.

So the question is: Does Daly as a mayoral candidate help progressives win those seats by generating energy and organizing talent the way Ammiano’s 1999 race and Matt Gonzalez’s 2003 race did? There are, as I’ve pointed out before, some good things about a Daly for Mayor campaign. Or does Daly, who is not terribly popular outside his district, actually drag down progressive candidates by losing badly to Newsom and allowing the mayor’s forces to brand all the progressives as Daly-ites?

Can this race bring us all together as progressives, or just create more rifts?

If Daly wants to run, he’s got some work to do, because this, of course, is much bigger than him. And I think he knows that.

When Gonzalez decided to run four years ago, it seemed like a bit of a last-minute unilateral decision, and a lot of the activists in town felt left out. Daly’s got to do better: He needs to be sure that at least some of his progressive board colleagues (many of whom he’s been fighting with) will endorse him and help; running without any support from other progressive leaders would be tough. He needs to mend fences with some of his slightly bruised pals (which would be a good thing to do anyway).

He needs to line up some community backers and seasoned campaign workers who will sign on for the battle. He needs to think about how he’s going to raise money.

Of course, there are always surprises; state Sen. Carole Migden is in a big fight of her own, against Assembly member Mark Leno, and Leno is backing Newsom. Maybe Migden would support and raise money for Daly, who she’s been close to in the past (and who is supporting her over Leno). Which would make for an interesting political season.

But again, the question at hand is how will this benefit the progressive cause, not just now but over the long haul. Three days of hard thinking to go.

Qawwali giant Nusrat Fateh Ali Khan remembered, revived

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Anticipating the 10-year anniversary of qawwali vocal legend Nusrat Fateh Ali Khan’s death on Aug. 16, San Francisco label Six Degrees recently released the Pakistani giant’s latest dub-laced collaboration, with London producer-composer Gaudi, Dub Qawwali. Get a listen here to the opening track, “Bethe Bethe Kese Kese”:


Meanwhile, here’s more on the project from Six Degrees:

“Nusrat Fateh Ali Khan was and is still very much considered to be one of the greatest Qawwals (singer of qawwali music) in the world. Not only recognized as a legend in his native Pakistan he also took his
musical messages of peace, love, and spirituality to the international stage, earning him the title of Pakistan’s premier ambassador of Qawwali music. The origins ofthe genre trace back over 700 years to the spiritual Samah songs of Persia and the mystical faith of Sufism.

Lennar, asbestos, ATSDR, El Dorado, BVHP

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By Sarah Phelan

Region_9.gif
ATSDR’s Region 9 office covers a lot of ground, including San Francisco’s Hunters Point Shipyard.

Susan Muza works at the Region 9 office of the Agency for Toxic Substances and Disease Registry. That’s the agency that agreed on July 17 to do a public health assessment of Lennar’s development at Parcel A of the Hunters Point Shipyard where fear runs high that the community may have been exposed to toxic asbestos dust.

Community members voiced those fears during a July 31 Board hearing, but the Board voted 6-5 against urging the SF Department of Health to temporarily shutting down Lennar’s construction site, until health concerns had been addressed.

As it happens, ATSDR has experience with such assessments in California, thanks to Oak Ridge High School in El Dorado County, where naturally occurring asbestos was identified in surrounding rocks and where a vein of asbestos was disturbed during construction of a soccer field at the school.

Muza told me that at Oak Ridge High, ATSDR sampled and tested soil from baseball and soccer fields, parking lots, as well as dust collected from a school classroom that had potentially been affected by a leaf blower.

What ATSDR found, says Muza, was that “sports coaches, outdoor maintenance staff and student athletes had the potential to be exposed at levels higher than previously thought.”

In the case of Lennar’s Parcel A development, the classrooms and basketball courts of the Muhammed University of Islam sit on the other side of a chain link fence, where massive amounts of asbestos-laden rock were moved in the last year, but where air monitors weren’t operating for three months, and watering was inadequate for six months.

“At Oak Ridge High, we recommended that people try to limit any further exposure and that those most highly exposed inform their physicians that they had potentially been exposed to asbestos, that they should monitor for signs of disease, related to that exposure, and that they should participate in very good preventative care, such as flu shots, to make sure their respiratory health stays healthy,” Muza said.

ATSDR is also monitoring cancer registers in the EL Dorado area.

As Muza notes, “one big problem with asbestos is it has a long lag time. The period between exposure happening and disease manifesting can be 10-40 years.”

Although the San Francisco Department of Public Health has claimed that workers were wearing CAL OSHA authorized asbestos monitors at the Hunters Point shipyard site and that CAL OSHA did not report any exposure exceedances, Muza told me that ATSDR does not support using worker asbestos limits in evaluating community members’ exposures, other than as a reference point.

As ATSDR’s website explains, “worker limits are based on risk levels that would be considered unacceptable in nonworker populations.”
The reasoning behind disqualifying worker limits as a valid assessment tool is that community members may be children who are lower to ground, more active and have higher metabolisms. Or they may be seniors, or residents who live near the site, 24/7.

“No exposure to asbestos is good,” says Muza. “We are all exposed to it, thanks to brake linings, amongst other things, but we want to keep our exposure as minimal as we can.”

In the case of Oak Ridge High, ATSDR recommended some removal activities, because material from the vein of asbestos that got broken when the soccer field was built, got spread around the school.

“And we recommended paving and landscaping activities to reduce people’s ability to being exposed,” adds Muza, noting that ATSDR did not recommend that Oak Ridge High be closed or relocated.

In San Francisco, ATSDR plans to evaluate the asbestos dust mitigation plan that Lennar agreed to when it got the green light to begin development on Parcel A in 2005. ATSDR will also evaluate how Lennar actually implemented that plan, along with results from air monitors, and any other data that they can ascertain will be helpful.

“We also plan to gather community concerns, be very transparent and talk to everyone,” says Muza who has sent out a letter to stakeholders, including the Bay Area Air Quality Management District, the Bayview Hunters Point Project Area Committee, the Hunters Point Shipyard Citizens Advisory Committee, The San Francisco Chapter of the NAACP, the San Francisco Department of Public Health, the San Francisco Redevelopment Agency, and, of course, the Muhammed University of Islam.

Says Muza, “We will summarize the concerns we hear, sort out what we can address from what we can’t and come to the community with a plan.”

The homeless sweep won’t work

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By Tim Redmond

I came to San Francisco in 1981, and there were people sleeping in Golden Gate Park. Dianne Feinstein, who was the chief exec back then, would periodically try to get rid of them. Art Agnos and Frank Jordan did the same thing. At one point in the 1990s, when Willie Brown was mayor, he discovered the shocking fact as if for the first time, and had a team sweep the campers out. Now the Chronicle has gotten the scoop yet again, and the mayor has dispatched his shock troops and is trying it all anew.

It won’t work this time, either.

There simply aren’t enough places for homeless people to sleep in this town. The shelters are unpleasant and often dangerous, and don’t work for people who are opposite-sex couples (all the shelters are men- or women-only) or people who have dogs (and there are quite a few homeless people with dogs). They aren’t a long-term answer for people who drink or take drugs, since they’re all alcohol and drug-free (or are supposed to be).

The transitional housing the mayor is promoting is fine — but there are thousands of homeless people and not enough rooms for all of them. So if you sweep the park, you just get homeless people sleeping in doorways.

Mark Salomon had an interesting post on this on the PRO-SF listserv; you can read it after the jump.

Press misses out on Cal/OSHA probes

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A near-fatal tragedy in Nob Hill last March briefly grabbed headlines when emergency personnel had to help free two workers from compressed debris after the wall of a garage collapsed around them.

Two other laborers escaped serious injury, but brothers 23-year-old Roberto Galiano and 41-year-old Maximiliano Galiano were buried up to their waist and knees respectively (one had to be extricated by the fire department). All four were taken to San Francisco General Hospital.

The vacant three-story apartment building on California Street where they were working had been awaiting renovation since a 2006 fire, and the four workers were doing foundation work with a jackhammer in a confined corner of the garage.

The accident made for great spot news, of course, and the Chronicle, the Examiner, KTVU and KPIX all posted brief stories on it immediately. They were each sure to note that California’s Division of Occupational Safety and Health (known better as Cal/OSHA) was probing the incident.

None of them followed up, however – which is not uncommon when occupational safety violations are handed out to employers long after cameras have departed from the scene. And the story points to one of the great failures of news media coverage of workplace safety issues.

Two months after the Nob Hill accident, Cal/OSHA fined Pacifica-based Doré Construction $13,000 for among other things allegedly failing to provide an adequate protective system to prevent the cave-in, i.e. not shoring up the garage’s walls properly, according to public records we obtained. The company was also fined for not having an expert on-site to regularly inspect the garage and ensure it wasn’t susceptible to collapse as they worked. Building inspection records show that the excavation work was being performed without a shoring permit.

Doré had been hired by the building’s owner in August of 2006 to do more than half-a-million dollars in rehab work to the structure.

The contractor immediately appealed the fines from Cal/OSHA, and since such cases are backlogged across the state, it could be years before the public actually sees the results. (Anthony Doré, owner of the construction company, told us he needed to contact his lawyer before answering questions, but we never heard back from him.)

Limited reporting on workplace safety incidents produces a fractured view of the regulatory system surrounding occupational hazards. While headlines that do get around to revealing Cal/OSHA fines after an investigation is complete lend a sense of finality to an accident, employers routinely appeal the fines, and with no follow-ups from reporters, the public is often blithely unaware of what employers actually end up paying.

Last year we reported on the fatality of an ironworker named Miguel Rodriquez at the Richmond-San Rafael Bridge, which at that time was undergoing a $760 million retrofit (see “Lessons from the bridge,” 11/14/2006).

Again the initial accident was reported by several local outlets, along with the subsequent announcement of an investigation by Cal/OSHA, but the larger picture of what took place that day and what the contractor ultimately paid for the fines turned out to be far more interesting.

Rodriguez was killed in 2004 after another worker lowered an 1,800-pound steel frame from a height of 80 feet using a pneumatic winch that had gone out of production in the 1940s, according to an account in public records. The winch’s brake slipped, sending the frame crashing into a wood platform on which Rodriquez was standing. He was bounced into the air and sent through the hole created by the load, first hitting his head before dropping to the waves below.

While capturing the full story would have required a little digging, its breadth appeared later in publicly available civil-court depositions that lucidly described the accident.

Cal/OSHA eventually fined the prime contractor on the bridge, Tutor-Saliba/Koch/Tidewater, $18,000, alleging that the worker operating the winch wasn’t properly trained and was only using its brake to control the winch when it should have also been in gear. But public records today show that the joint venture appealed the decision and was later required by an administrative judge to pay just $300 of the fine.

The judge, Bref French, ruled in May of this year that indeed the winch’s operator had not been given proper instruction on the machinery as required by law, according to court records. But, French countered that Cal/OSHA had not proved Tutor-Saliba was aware that the training failure would almost undoubtedly result in serious physical harm or death, a key legal threshold that changed the nature of the penalties dramatically.

“The evidence must, at a minimum, show the types of injuries that would more likely than not result from the violative conditions,” French wrote.

This week, we reported on a carpenter named Kevin Noah who accidentally fell to his death from the Golden Gate Bridge while working on a multimillion-dollar retrofit project there in 2002. Brief news reports in the Chron announced the tragedy including a follow up that explained how Shimmick-Obayashi was fined $26,000 by Cal/OSHA.

Shimmick-Obayashi, however, never actually had to pay a thing, because as we reported, four years after the accident, a judge ruled on appeal that Cal/OSHA had not printed the contractor’s full legal name on the original citations. The judge, Barbara Steinhardt-Carter, dismissed the penalties without ever considering the merits of the case.

Jew to stand trial

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By Steven T. Jones
After a preliminary hearing, Judge Harold Khan has ruled there is sufficient evidence to put Sup. Ed Jew on trial for perjury and other charges related to the allegations that he doesn’t really live in San Francisco and is therefore unqualified to hold off. No big surprise here, but it does raise the question of what Mayor Gavin Newsom is waiting for. Part of his job is to initiate official misconduct proceedings against supervisors were elected fraudulently, or who shake down their constituents for $40,000 cash bribes. Mr. Mayor, what are you waiting for?

Two construction contractors that escaped Cal/OSHA fines aren’t new to business in San Francisco

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By G.W. Schulz

This week we posted a story about two contractors hired by the Golden Gate Bridge Highway and Transportation District in 2001 to complete phase two of its ongoing (and over-budget) retrofit.

The original contract was for $122 million, but a spokesperson for the bridge told us this week that the joint venture formed by two contractors to bid on the job, Shimmick-Obayashi, would actually earn more than $150 million for the work, which is almost finished.

Our story explains that following the accidental death of a carpenter named Kevin Noah, Shimmick-Obayashi was fined $26,000 by Cal/OSHA for allegedly failing to properly rig Noah’s fall protection and also for not providing workers with scaffolding to stand on where the footing was less than 20 inches wide.

But Shimmick-Obayashi never paid the fines, because on appeal three years later, a lawyer from the company argued that the original citation didn’t contain its full legal name. An administrative judge bought the claim and tossed all of the citations.

What we didn’t have space for in the story was explaining the extent of the construction work both companies have conducted in the Bay Area.

webcor2.jpg
60-story Millennium Tower

Courting the absurd

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Click here to read about how the mainstream press fumbled on the Cal/OSHA probes

› gwschulz@sfbg.com

It didn’t matter how soon paramedics arrived. Kevin Noah, a 42-year-old carpenter with three sons, had no chance. The accidental 50-foot plunge from his perch on the Golden Gate Bridge killed him immediately.

Noah’s dizzyingly high station was a mere cross section of rebar — the slender iron braids that are often seen protruding from construction sites and provide a structure with skeletal support — inside an anchorage house located on a landbound portion of the bridge’s southern end.

Moments before on that August 2002 morning, Noah had been performing his normal duties, receiving planks of wood from another worker for use in forming a temporary frame to contain a wall of fresh concrete. The bridge was a year into phase two of its multimillion-dollar retrofit, which today is nearly complete.

Suddenly, the clip on Noah’s brace slid off the edge of an open-ended piece of rebar, and a nearby worker looked up just in time to see Noah’s body collide with the extended boom of an industrial cherry picker before falling the rest of the way to the ground, according to an account in public workplace-safety records.

In February 2003, Cal/OSHA, of California’s Division of Occupational Safety and Health, concluded its investigation and penalized the retrofit’s prime contractor, joint venture Shimmick-Obayashi, for, among other things, allegedly failing to properly rig Noah’s fall protection and not providing workers with scaffolding to stand on in construction areas where the footing was less than 20 inches wide. Fines for the violations — three of them designated by the agency as serious — totaled more than $26,000.

But Shimmick-Obayashi wouldn’t pay a dime.

The outfit immediately turned to the Cal/OSHA Appeals Board, and since such cases are backlogged statewide, the matter didn’t reach an administrative judge until this year, when attorneys for Shimmick-Obayashi presented a peculiar defense. Cal/OSHA, they argued, sent the company citations through the mail that failed to list the full legal name of the company: the mailings were addressed to Shimmick-Obayashi instead of Shimmick Construction Company, Inc./Obayashi Corporation, Joint Venture.

The misstatement was akin to a cop failing to note "Esq." or "Jr." on a parking ticket. Cal/OSHA pleaded with the judge, Barbara Steinhardt-Carter, that "it is against civil law, board precedent, and public policy to dismiss this matter based on a minor technical fault that misled no one and caused no prejudice."

Steinhardt-Carter, however, bought the company’s claim and ruled earlier this year that Shimmick-Obayashi was liable for none of the fines, even though Cal/OSHA got the name it used from the company’s business cards.

Throughout a three-year period during which the parties exchanged memos, motions, and discovery material, the contractor’s lawyers never mentioned a problem with the original citations, Cal/OSHA spokesperson Dean Fryer told the Guardian, and variations of the name Shimmick-Obayashi appear on several court documents. The move was a last-minute Hail Mary by a cunning industry lawyer who represents several major players in the business. And it worked.

"The outcome of this case is really surprising and disappointing to our staff," Fryer said. "They went through a long and thorough investigative process, and their work is now basically disposed of."

That Shimmick-Obayashi attorney, Robert D. Peterson, knows more about workplace-safety laws than most. He literally wrote the Cal/OSHA handbook commonly used by employers today and served as chief counsel to the appeals board until 1978. That’s when he established his own law firm and began representing large-scale employers in occupational-safety and workers’ compensation proceedings.

"The bottom line is, if the division has a responsibility to identify correctly the employer that it’s alleging created a violation of a safety order [and] it doesn’t do that, then the citation won’t stand the light of day," Peterson told the Guardian. "Apparently, they didn’t do that. It’s a pretty simple thing to do."

Mammoth civil engineering concerns commonly form temporary partnerships, as several have done to bid on the half-dozen Bay Area bridge retrofit projects initiated by the state at a cost of billions of dollars since the Loma Prieta earthquake rattled the coastline in 1989.

Shimmick-Obayashi won its $122 million phase two contract in 2001 to replace the Golden Gate Bridge’s steel support towers and reinforce its pylons. That came after phase one more than doubled in cost to $71 million by the time it was completed that year under another contractor. All told, Shimmick-Obayashi will earn more than $150 million following a series of change orders, a spokesperson for the bridge agency told us.

The joint venture’s initial bid beat out those of four other firms, including the politically well-connected Tutor-Saliba Corp., which later earned $760 million in a partnership with two other companies to reinforce the Richmond–<\d>San Rafael Bridge. We’ve previously reported on the dozens of injuries and the three deaths that have occurred during that project (see "Lessons from the Bridge," 11/14/06).

Obayashi on its own has had a string of run-ins with Cal/OSHA in recent years. Last March regulators hit its local housing construction subsidiary with $27,000 in fines for allegedly failing to maintain proper railings at a site in downtown Oakland, according to a federal Occupational Safety and Health Administration database analysis. The company is currently fighting those penalties. In February it was fined $6,400 for an alleged lack of railings at a project in the Bayview. Overall, the company has $60,475 in statewide open Cal/OSHA penalty cases dating to 2005.

Shimmick’s cases are few since 2000, but in the middle of last year, Cal/OSHA issued the firm two serious citations totaling $36,000 in fines after an aerial lift carrying an ironworker reportedly fell off a 34-inch light-rail platform during construction of the Muni’s T Third line, "ejecting the employee into the fast lane of traffic." The 52-year-old man was taken to San Francisco General Hospital with a serious skull fracture. A safety director for Shimmick, Ike Riser, argued that despite the accident, Shimmick has one of the best safety programs in the state.

The incentive to keep even small settlements from blemishing a safety record is huge for contractors because they can lead to the escalation of insurance rates and make bidders less competitive. Cal/OSHA’s Fryer said that while Shimmick and Obayashi have faced serious recent incidents, together they have had relatively few problems on the Golden Gate Bridge.

"It doesn’t appear with the joint venture that there is really a pattern of concern," he said. "It’s just that this specific incident resulted in the fatality of a worker, when it could have been prevented."

Noah’s mother, Sandra, told us that her son began doing carpentry at age 16 and always preferred working on big jobs. She was unaware of the ruling until we reached her, long after Cal/OSHA first cited the contractor, but she believes Shimmick-Obayashi deserved the penalties.

"To leave three sons behind," she said, "that’s the real tragedy."<\!s>*

Fixing Muni — and traffic

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EDITORIAL There is much to like and some things not to like in Sup. Aaron Peskin’s Muni reform measure, but the most important thing the measure does is demonstrate that Muni won’t get better unless the city also works on controlling car traffic in congested areas. It’s a critical policy issue that’s going to be the subject of a heated fall ballot campaign — and so far Mayor Gavin Newsom is planted squarely on the wrong side.

Nobody can dispute the motivation behind Peskin’s charter amendment: Muni is a train wreck right now, with service far below acceptable levels. Something has to change, and the way he’s proposed it, the system would get an additional $26 million in guaranteed city money, and Muni management would have some expanded ability to set performance standards and require the staff to meet them.

We would, of course, prefer that the dedicated Muni money come from some new revenue stream, not from the existing General Fund. And we’ve always believed that the supervisors and the mayor should have to sign off specifically on any Muni fare hike. But overall, a lot of what Peskin is proposing makes sense — and now that he has worked out the problems that labor initially had with the measure, it has a good chance of winning this fall.

The mayor thought so too and had endorsed the proposal — until Peskin took the critical step of adding in restrictions on downtown parking. That would undermine the plans of big developers and their allies, who want the right to add a lot more parking spaces and curb openings for their luxury condo projects downtown.

The developers, with the help of Gap founder and power broker Don Fisher, are trying to get their own ballot measure passed, one that would greatly expand downtown parking. That’s exactly the wrong direction in which San Francisco should move.

In fact, what the city needs is a policy directive aimed at reducing the number of cars downtown and keeping the total number in the city from rising. Current planning documents and projections are all based on the assumption that more cars will pour into the city over the next 10 years, and that may become a self-fulfilling prophecy. But it doesn’t need to be.

San Francisco is one of the most environmentally aware cities in the world. And as more residential development comes in downtown, there’s absolutely no reason why this city can’t stick to its transit-first policy and set a goal of reducing congestion in the urban core.

Others cities are doing it. London has had tremendous success with restrictions on driving in its central City (and a stiff price tag for doing it). New York is looking seriously at congestion pricing, and San Francisco ought to be pursuing Sup. Jake McGoldrick’s idea of bringing the concept here.

And the cold, hard fact is that fewer parking spaces means fewer cars. If the value of downtown high-rise condos is that they will encourage people to walk or take transit to work, why fill the basements with parking garages?

If San Franciscans want Muni buses to be able to negotiate rapidly and efficiently through the downtown area, why shouldn’t the city do everything possible to clear some of the car traffic out of the way?

Newsom was willing to support the Muni measure — and knew in advance, Peskin tells us, that parking limits were going to be part of it — but the minute his downtown backers started to yelp, he backed away. Now the mayor is in the position of opposing Muni reform — in the name of helping developers build more parking in a city that already has too many cars. That’s a terrible place to be for a mayor who tries to portray himself as an environmentalist. *

Editor’s Notes

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› tredmond@sfbg.com

There’s a new move afoot, this time through a lawsuit, to change the way taxicab permits work in San Francisco. Rachel Stern lays out the story on page 14, but allow me to offer a bit of political background:

The San Francisco cab industry works as a medieval class system. There are members of the landed gentry — people who have medallions, or operating permits — and there are serfs, people who drive cabs but don’t have permits. The serfs fork over a significant portion of their income every day to the gentry in the form of lease fees, the same way the peasants used to fork over much of their income for the right to live near a castle or hunt or farm on the gentry’s land. See, you can’t drive a cab without a permit, and if you don’t have one, you have to lease one from someone who does.

Drivers are all independent contractors, so they get no health insurance or disability and retirement benefits.

In this particular economic world, even the permit holders aren’t getting rich. The only ones who really make out are the top royalty, the cab companies themselves. But the gentry do a lot better than the serfs.

What’s interesting, though, and wonderful in its way, is that thanks to a 1978 law backed by that well-known Marxist former supervisor Quentin Kopp, you can’t inherit your way into the landed gentry. You can’t buy your way in, borrow your way in, or marry your way in. The only way to become a medallion holder is to put your name on a list and wait, along with all the other serfs, until, after 15 years or so, a permit opens up.

And the way a permits opens up is that someone who has one quits driving.

That’s the deal Kopp put together: only active, working drivers are supposed to get the benefits of the medallions. No corporations, no partnerships, no trusts, no relatives…. You personally drive a cab 800 hours a year, and you’re eligible to lease your permit out during those shifts when you’re not using it.

Of course, once a driver becomes a member of the landed gentry, he or she never wants to give up that permit. It’s free income, maybe worth $2,000 a month. The Medallion Holders Association desperately wants its members to be able to keep their permits when they retire, or be able to give them to their kids, or somehow cement them as property that a person can own, just like the forests and fields of the landed gentry of yore.

The latest issue is disability. Suppose you wait patiently for 15 years, suffering in serfdom, and your number finally comes up, and you get that golden ticket — and then you get in an accident and lose the ability to drive a car. I get the point; maybe there ought to be some transition program or something. But every time a nondriver gets to keep a permit, a serf waits even longer in line, forking over hundreds of dollars to a member of the gentry who doesn’t want to play by the rules anymore.

The bottom line is, cab permits belong to the city, and they aren’t supposed to be someone’s retirement fund. I don’t like any sort of rigid class system, but if you’re going to have one, the serfs deserve fairness too.<\!s>*

Say goodbye to Earthlink

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EDITORIAL EarthLink, the big technology firm that has been negotiating with San Francisco to build a free wireless network for the city and its residents, just announced a change in corporate strategy. On July 26, CEO Rolla P. Huff told stock analysts that the company would no longer pursue the sort of deal that San Francisco wants; instead, Huff said, EarthLink wants each municipality to "step up" and become an "anchor tenant."

That would mean San Francisco forking over millions of dollars a year to guarantee EarthLink some baseline revenue. It’s highly unlikely that the Board of Supervisors would agree to that sort of deal.

There’s no immediate indication of what this means for San Francisco. Some analysts think that the side deal between EarthLink and Google will provide enough revenue (with Google as the anchor tenant) to satisfy Huff’s demands. That’s impossible to say, however: the deal between the two tech companies remains secret (as does too much of this contract).

But there’s a chance EarthLink will pull the plug on San Francisco — and if it doesn’t, the company has made clear that it doesn’t want this sort of contract and won’t put much in the way of resources into making it work.

The way the deal was supposed to go down, EarthLink would provide free, if slow, wireless service all over town — although it wouldn’t work above the second floor of most buildings and might be difficult to use inside a lot of houses. A faster version would be available for a fee. And Google would sell ads based on users’ search terms.

We never liked the plan anyway. It seems foolish for San Francisco to turn such an essential part of its future infrastructure over to a private company. And now that EarthLink may be walking away, the supervisors ought to immediately pursue plans for a municipal broadband network.

Wi-fi is, and ought to be, only a small part of that plan. Wi-fi has limited use and range and is hardly a perfect solution to the digital divide. Sups. Tom Ammiano and Chris Daly have proposed that the city put fiber-optic cables under the streets anytime anyone is tearing up the pavement for other utility work. There are already public cables linking some city offices, and while creating a total network of underground fiber that could reach the door of every home and business would be a big undertaking, it would more than pay for itself in the long term.

While Mayor Gavin Newsom will be looking to blame the board for demanding more concessions from EarthLink, the company has created its own problems. And the Mayor’s Office, by agreeing to terms that let EarthLink and Google keep far too much information confidential and by defying the requests of community activists for more information about the deal, just made things worse.

At this point, with the economic model that Newsom and EarthLink identified losing credibility, the supervisors should make it clear: No more private contractors. No more outsourcing infrastructure. San Francisco needs municipal broadband — with wi-fi and fiber-optic cables — and the time to get started is now. *

Carbon-neutral madness

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› news@sfbg.com

GREEN CITY Are you carbon neutral yet? Al Gore says he is. The concert tours for the Rolling Stones, Dave Matthews, and other big acts say they are too. Indeed, going neutral is hot these days as, almost overnight, the fledgling market in carbon offsets has burgeoned into a multimillion-dollar industry.

The method is simple, at least in theory. For a fee, companies will balance, or offset, the greenhouse gases emitted by your car or home by spending money on climate-healing initiatives such as renewable energy, forestation projects, and capturing deleterious gases like methane from farms and landfills.

But the sheer number of offset firms out there is staggering, with hundreds of companies vying for your dollars. And as the industry has exploded in popularity, questions have arisen about its reliability and whether the millions of dollars being spent are really making it to worthwhile projects.

"It’s the Wild, Wild West out there with carbon offsetting," the Sierra Club’s Aaron Israel told the Guardian. "Until it becomes a truly functional market, it’s going to continue to be confusing to the consumer who really wants to do the right thing."

A San Francisco firm is looking to bring some accountability to the freewheeling new sector. Since California’s energy deregulation disaster, the nonprofit Center for Resource Solutions has run the Green-e program, which oversees and authenticates energy companies that claim to produce renewable power. Starting this fall, the CRS’s Sarah Krasley told us, Green-e will police the carbon offset market as well and put its seal on worthy companies.

Green-e has already been certifying one method for slowing climate change for years: the sale of renewable energy certificates, or RECs. A local firm called 3 Degrees (formerly 3 Phases Energy) specializes in RECs, mainly for small and large businesses. With each one-megawatt-hour certificate its customers buy, the company helps wind, solar, and other renewable-energy producers compete with cheaper, fossil fuel–based sources of energy. As 3 Degrees’ Steve MacDougal explained, "Utilities purchase energy at a commodity price, the same price for coal as for renewables. RECs allow [green-power companies] to have a premium, which makes them more profitable."

While 3 Degrees deals primarily in RECs for business clients, two other local firms, TerraPass and LiveNeutral, peddle offsets for individuals. Since it opened shop just two years ago, the for-profit TerraPass has sold tens of thousands of "passes" on its Web site for car emissions, air travel, home electricity use, and even weddings. The average buyer spends "about $50," company founder Tom Arnold told us, with the money going to initiatives like wind farms in the Midwest and the capturing of greenhouse gas emissions from farms and landfills. About one-third of 3 Degrees’ outlays go to RECs.

LiveNeutral takes a different approach from TerraPass or any other company. Rather than spending money on individual projects or methods, the Presidio nonprofit buys and then permanently retires carbon offset credits from the Chicago Climate Exchange. "By purchasing these credits and then never reselling them," LiveNeutral executive director Jason Smith explained, "we drive up the price of the credits and encourage [big greenhouse gas emitters] to reduce." LiveNeutral sells a one-ton emissions reduction credit for $7.50, Smith said. Most customers use the company’s DriveNeutral program and purchase five credits to offset one year of driving. The firm also offers a FlyNeutral option for air travel.

But many critics have likened the offset business to medieval papal indulgences, with environmental sins like owning an inefficient vehicle or cranking up the thermostat absolved for the right price. Israel said the Sierra Club does not openly oppose the practice, but he is worried that offsets could become "a distraction for people…. It’s really the last thing you should do, not the first. First you should conserve and become more efficient, then you can see about offsetting what’s left."

For Arnold, TerraPass’s phenomenal success is not about exploiting guilt or bad behavior. Instead, he reasoned, it simply shows that people want to do all they can to make a difference. "Most of our users are already green," he said. "But we want to reach the people who are just now waking up to enormity of the problem too…. What our customers are saying is very American: ‘Let’s not wait for someone else to do it, let’s get something done ourselves.’ " *

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

Dust devils

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› sarah@sfbg.com

A year has passed since Lennar Corp. officials admitted that subcontractor CH2M Hill failed to install batteries in dust-monitoring equipment at Parcel A, a construction site in Hunters Point Shipyard where an asbestos-laden hilltop was graded to build 1,600 condominiums (see "The Corporation That Ate San Francisco," 3/14/07).

The admission sparked a steadily growing political firestorm in Bayview–Hunters Point, further fueled by evidence that Gordon Ball, another Lennar subcontractor, for six months failed to adequately water the site to control dust and by a racially charged lawsuit in which three African American employees of Lennar allege they were subjected to discrimination and retaliation after they refused to remain silent about the dust issue. The lawsuit, set for a case management hearing Aug. 17, also claims that Ball committed fraud involving the Redevelopment Agency’s minority-hiring requirements.

Bayview–Hunters Point residents angry about the situation have found an ally in Sup. Chris Daly, who has called for a halt to construction at the site until an independent health assessment is conducted to the satisfaction of the community, including the Muhammad University of Islam School, which is adjacent to the Parcel A site and has been exposed to dust. The Board of Supervisors was scheduled to consider Daly’s resolution Jul. 31, after the Guardian‘s press time.

"This issue is of such a high level of importance," Daly told us. "There’s now a mandate for progressives in San Francisco to talk about environmental justice and to take action."

Sup. Sophie Maxwell, whose district includes the shipyard, told us that she understands the concerns of Daly and the community. "But when you get down it … the dust is inconvenient, but it is not harmful in the long term," she said.

Maxwell believes the city’s Department of Public Health should have done more outreach and updates, "but it has brought the situation under control." That sentiment was echoed by the city’s environmental health director, Dr. Rajiv Bhatia, who told us, "This is the first time we have implemented dust control, and this is an industry that had never been regulated. And in the end, things got better. We did our job in pushing a regulated community that grudgingly complied with our regulations."

In June, after residents complained that the dust was causing nosebleeds, headaches, and asthma, the DPH released a fact sheet that stated, "You may have heard there are reasons to worry about your health because of the construction dust generated by the redevelopment of Parcel A of the Hunters Point Shipyard. That is not true."

A July 5 informational DPH memo claims that when workers tried to do dust training and outreach at the end of June, their efforts "were significantly hindered by representatives of the Muhammad University of Islam," who allegedly disrupted training sessions, followed DPH workers, and told residents not to listen to the DPH workers.

On July 9, DPH director Mitch Katz testified at a hearing of the supervisors’ Land Use Committee that the city had imposed the highest standards possible to control dust. Katz also claimed that exposure to the dust was not toxic and that there is no proof that health problems were caused by the dust.

But at the same hearing, Nation of Islam minister Christopher Muhammad demanded testing "by people the community can trust," and he accused the city of "environmental racism." Noting that asbestos-related diseases often don’t manifest themselves for at least 20 years, Muhammad claimed, "The problem that we’re seeing in Bayview–Hunters Point is dust related."

After the DPH abandoned plans to do door-to-door outreach in favor of a series of health fairs, a coalition of activists calling itself POWER (People Organized to Win Employment Rights), some wearing masks and hazmat suits, closed down a July 17 homeownership seminar at Lennar’s shipyard trailer.

"Some folks did a picket outside, while inside, folks who own homes or live in public housing in the area were asking a lot of questions," POWER’s Alicia Schwartz told us. "We are for development that prioritizes the needs of low-income communities of color who have long been absent from the decision-making process, not development that puts the health and safety of families and the elderly at risk."

Two days later Marcia Rosen resigned as executive director of the San Francisco Redevelopment Agency. SFRA board member London Breed told us that the resignation was "a long time coming" and said she wished Rosen had taken a stronger stand on Lennar and Ball in the winter of 2006.

Breed says the agency "will always be a bad word to African Americans because of what happened in the Western Addition…. But we have a great opportunity in Bayview–Hunters Point to make it into something wonderful for the community."

Maxwell, whose grandson attended the Muhammad school’s Third Street campus, wonders why the minister refuses to move his students back to Third Street. "Lennar understands that this has become a PR nightmare and they are going to have to get contractors who are supportive of and understand the rules and regulations," said Maxwell, who is about to introduce legislation that she hopes will better control construction dust citywide.

Meanwhile, Dr. Arelious Walker of the True Hope Church of God in Christ told us that he and a group of like-minded pastors have formed the African American Revitalization Consortium, "a highly vocal and visible group in strong opposition to the shutting down of the shipyard without scientific proof."

"We support 100 percent the notion that the dust from Parcel A does not cause any long-term health risks. The project must continue because of its economic impacts. One little group does not speak for us all," said Walker, who met with Mayor Gavin Newsom, Maxwell, and Katz on July 23.

Acknowledging that the outcry over Parcel A has raised awareness of the dust issue, Walker said, "For years in the urban community, the environment was not the issue, but now we’ve woken up." Walker and his fellow ministers rallied about 200 people at City Hall on July 24 to express support for Lennar’s development and confidence in city officials.

Yet Daly said that faith may be misplaced: "It’s going to be a struggle to deal with the construction-related impacts of Lennar’s development at the shipyard, but the issue is much bigger, and it points to the need for an alliance between progressives, the African American community, and the southeast neighborhoods." *

Who’s behind the wheel?

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› news@sfbg.com

In 1997, Dirk, a taxi driver of 20 years, was stabbed in the neck by a hitchhiker he picked up after his last shift. Ten years later, blind and brain damaged because of the loss of blood, he still receives income of roughly $1,800 a month from his taxi medallion.

Under city law, he’s supposed to be driving.

Medallions are among the most prized — and disputed — permits in town. The city owns all 1,381 of the medallions, which allow the holders to operate taxis. But under a 1978 law known as Proposition K, only active drivers — later defined as people who put in an annual minimum of 800 hours behind the wheel — are eligible to hold the permits.

The medallion holders have a lucrative deal: when they aren’t driving, they can lease out the permits to other drivers. And since a lot of cabs are on the road 24 hours a day 365 days a year, those lease fees can add up.

Not surprisingly, there’s been some abuse over the years. You get a permit by putting your name on a list and waiting as long as 15 years. Some people who haven’t driven in years — people who don’t even live in the area — have risen to the top of the list, seized medallions, and pocketed the cash, hoping nobody would notice.

Recently, though, the city’s Taxicab Commission has been cracking down — and that has put people like Dirk in limbo and raised a series of political and legal questions that go to the heart of the city’s cab-permit system:

Does a disabled driver have a right to keep his or her medallion? Is it cruel to simply yank the permit — and the income — from somebody who may have been injured in the line of work? Or is allowing nondrivers to keep their medallions unfair to the thousands of working cabbies who are paying $91.50 a shift to lease a permitted cab and waiting in line for a permit to open up?

What right should someone who gets a valuable city permit, at no cost, have to keep using that permit to earn income when he or she no longer meets the permit requirements?

Taxicab Commission executive director Heidi Machen says the answers are straightforward. "Permit holders who are not meeting their requirements are abusing a public permit," she told the Guardian. "Proposition K was never set up as a retirement plan."

Joe Breall and Elliot Myles disagree — and they’re taking the issue to court in a case that could have lasting implications for the city’s taxicab industry, medallion holders, and other drivers.

The two Bay Area lawyers filed a class action lawsuit against the Taxicab Commission on June 25 on behalf of an estimated 150 disabled drivers who hold taxi medallions in the city. They argue that the driving requirement violates the 1990 Americans with Disabilities Act.

"These are long-term drivers who have a disability that simply does not allow them to drive now," said Breall, who represents National Cab Co.

One of the case’s two named plaintiffs, William Slone, is a medallion holder with a lung disease that requires him to be hooked up to an oxygen tank 24 hours a day. The other, Michael Merrithew, has a physical disability so severe that he cannot operate his taxi.

Machen has hired two investigators to crack down on medallion holders who are not fulfilling their requirements — whether a scofflaw is a healthy 30-year-old woman living in Hawaii but reaping her medallion’s profits or an elderly man who must use a wheelchair but is still using the medallion as his source of income.

"The ADA does not require a public agency to waive an essential eligibility requirement for a government program or benefit," Machen wrote in a memo dated Feb. 16, 2006.

The Taxicab Commission isn’t just yanking permits from anyone who gets hurt. Under its current policy, temporarily disabled medallion holders can apply to take one year off every five years and receive a 120-day driving exemption in each of the three years following that disability leave.

But the lawsuit argues that this policy "effectively sanctions all taxicab permit/medallion holders with disabilities other than temporary illness that prevent or substantially limit their ability to drive taxi cabs personally."

The lawsuit argues that disabled permit holders, under the ADA, should be relieved of the full-time driving requirement until their disabilities are medically resolved. In the case of some drivers, that could effectively give them use of city-owned medallions free, for life.

TRICKY ENFORCEMENT


Prop. K was written by recently retired San Mateo Superior Court judge Quentin Kopp, who was then a city supervisor. Kopp told us that permits were being bought and sold for hundreds of thousands of dollars and working drivers couldn’t afford them. The system, which is fairly unusual, was designed to ensure that cabbies — not investors, corporations, or speculators — got the benefits of the city-owned permits.

So Prop. K required that a permit be returned to city and passed on to the next person on the long waiting list if the holder stops driving. Other large cities, such as New York, still maintain a system in which permits may be auctioned off instead of being publicly owned.

The 941 post–<\d>Prop. K medallion holders, Machen said, can receive $1,800 to $3,000 a month for leasing their permits. There are roughly 6,000 taxi drivers in the city; a full-time cab driver makes about $24,000 a year, but those full-timers with permits can add another $20,000 or more to their income by leasing.

"It’s a city permit. If someone stops using it, it reverts to the city," Kopp told us. "There’s no provision for a grace period or something of that sort. Seven times voters rejected efforts to appeal or change it."

In fact, in 2003 voters overwhelmingly rejected a measure that would have allowed disabled drivers to keep their permits.

Elliott Myles of Oakland’s Myles Law Firm, which handles disability cases, told us that Prop. K is "irrelevant."

"The obligation to modify or waive comes from the ADA, a federal law binding on the commission," he wrote in an e-mail.

Although Kopp says Prop. K was intended to ensure that only active drivers get permits, the 800-hours-a-year rule isn’t in the law. Specific driving rules were added to the city’s Police Code in 1988.

And enforcement of the law has changed in the past few years. When the Taxicab Commission revoked the medallion of disabled driver Querida Mia Rivera in 2003, the decision was overturned by the Board of Appeals on the grounds that it violated the rights of Rivera — who had driven for 35 years before needing a wheelchair and becoming legally blind — under the ADA.

In response to the reversal, then-director Naomi Little implemented a policy to accommodate both temporarily and permanently disabled medallion holders, which paralleled the city’s catastrophic-injury program. This meant the modification or waiver of the 800 hours was overseen by the Department of Public Health.

"A disabled permit holder may apply for a waiver or reduction of the driving requirement, and the waiver or reduction, in appropriate cases, may be renewed on a yearly basis," Little wrote in a memorandum to Sup. Jake McGoldrick on July 30, 2003.

But in February 2006 the Taxicab Commission adopted Resolution 2006-28, which returned the city to the policy of strictly following the letter of Prop. K (although the panel allows temporary reprieves for people who are injured but could return to driving).

Michael Kwok, a former commission staffer who oversaw disability requests, said such a policy allows the permit waiting line to move faster.

Allowing a permanently disabled person to retain his or her permit is "not fair to the public," said Kwok, who uses a wheelchair. "It’s case by case."

The result is an enforcement process that can be tricky, to say the least.

On Aug. 17, 2004, for example, a physician wrote to the commission arguing that a disabled driver who was "suffering from failing eyesight and dizziness" and occasional arthritis in his hands should be taken off the road. "Please release him from taxi driving effective immediately for public safety," the doctor wrote. "He is advised not to drive a taxi as soon as possible."

Commission staffer Tristan Bettencourt, who was overseeing ADA compliance at the time, responded by reducing the driver’s yearly driving requirement to 400 hours, or 78 four-hour shifts, over the next year.

That could have left an unsafe driver on the road, Myles said.

"I find this reprehensible," he told us. "In most medical-injury suits, evidence of medical condition can only be given by qualified health care professionals."

Bettencourt, who left his job last year, said the Taxicab Commission shouldn’t be deciding whether someone is fit to drive or not. "We didn’t give out driver’s licenses," he told us. "If you hold a driver’s license, someone from the Department of Motor Vehicles has certified you."

According to Jan Mendoza, a public information officer at the DMV, a license needs to be renewed every five years — a process that can take place online if a person has a clean record. People over the age of 70, however, have to visit the office in person to take both a vision and a driving test.

Taxi drivers should not have any guarantee of lifetime entitlement, Bettencourt said. He added that the lack of a safety net for people who lose their means of employment is not something a San Francisco taxi regulator can solve; it’s a national problem.

EXIT STRATEGY?


Thomas George-Williams, who chairs the United Taxicab Workers, looks at the issue from the perspective of drivers who don’t have permits — the ones he considers second-class citizens in a two-tier system.

All San Francisco cab drivers are effectively independent contractors who are responsible for their own disability and retirement funds. And the drivers who don’t have permits get no benefits from the system at all.

Medallion holders "use the income of their medallions for disability insurance," George-Williams told us. "We need an exit strategy for all drivers, including medallion holders, and we don’t have that."

Charles Rathbone, a driver for 30 years and a medallion holder for 10, points to the harsh truth: there’s a key difference between the two cabbie classifications. "For drivers without medallions, there’s nothing to revoke," he told us.

Rathbone, a member of the Medallion Holders Association, spoke at the Taxicab Commission meeting July 13 to lay out two steps he felt the city should take before revoking a permit. He asked for two weeks’ advance warning and an appeals process.

"When I become disabled, I don’t want my only exit strategy to be a kick in the ass from the taxi commission," Rathbone later told us.

His speech was spurred by the June suicide of Lindsey Welcome, a 61-year-old medallion holder of 10 years who had not driven for seven of those years due to severe muscular dystrophy. Welcome’s medallion, which she leased out through Luxor Cabs, was scheduled to be revoked at the Taxicab Commission’s June 26 meeting.

"Her medallion was her only means of support," Kathleen Young, Welcome’s friend of 30 years, told us.

Rathbone feels many disabled medallion holders hide their disabilities for fear of the consequences, endangering themselves and the public.

One of the more severe recent taxi incidents happened March 26, 2003, when a 68-year-old permit holder crashed into a Market Street ATM, badly injuring a pedestrian and immobilizing two others.

"Too many people are driving when they shouldn’t be," said Bettina Cohen, Rathbone’s wife and editor of the MHA newsletter, which publicized the pending disability lawsuit on its front page last month.

Allowing disabled drivers to keep their permits may have its own downside: Carl Macmurdo, president of the MHA, acknowledged that the long waiting line for medallions means people will acquire them later in life and so will often be able to fully enjoy them for only a short time.

"[The city’s] giving permits to 70-year-olds and then taking them back," Macmurdo, who waited 13 years to get his permit, said.

Myles shared similar sentiments. "Every permit holder, just like every person, runs the risk of disability," he told us. "This question [of the disabled holding on to their permits] affects not only every current permit holder but every driver who is waiting in line to get a permit in the future."<\!s>*

The horse’s mouth

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› le_chicken_farmer@yahoo.com

CHEAP EATS My favorite novel is Don Quixote. I’ve been reading it since I was three. Or so. Over and over and over and over. But I’d never seen Man of La Mancha, even though it was Crawdad de la Cooter’s favorite musical. On road trips, we would listen to her old tape over and over, singing along, dreaming the impossible dream, and so on.

Then I saw Man of La Mancha. The Sixth Street Playhouse in Santa Rosa was putting it on, and my woodsy neighbor Slim Jimmy Jack James, meat eater, landed the role of Don Quixote’s horse. He told me and Mountain Sam about it around the smoker, and we patted him on the back and hooted and tipped our beers and wine bottles and clinked pork ribs.

"That’s my favorite musical," I said. "I’ve always kind of thought I should see it some day."

"June and July," Slim J.J.J. said, and while he and Sam were playing with the catapult, shooting rocks into buckets and putting each other’s eyes out, etc., I went inside and found a calendar. It had pictures of food on it, recipes, and nothing at all marked for June or July. I circled both months with a big black marker and went back outside to administer to the wounded.

That was a couple months ago. Cut to a couple months later, and I don’t think I ever in my life looked at that calendar again. I don’t even know where it came from. Maybe it wasn’t mine, but I was sitting somewhere in Noe Valley, with my head in my hands, reminiscing about the pond where me and Mrs. Jimmy Jack would be sitting right now with our feet in the water, watching turtles, if I hadn’t closed up shop at the shack and sallied back to the city, dopey me.

Hey, the play! I found a phone, called up Mrs. Jimmy Jack, and said just that: "Hey!" I said. "The play!"

It was still July. Yeah, there was one more weekend, she said. So then I called up the Mountains, and then I called the box office, and we threw a combined $60 to the wind, in advance, demonstrating an almost uncanny commitment to the arts. (So long as we are personally acquainted with Don Quixote’s horse.)

My point is this: go figure. For three years I shack in Sonoma County and conduct all of my cultural and most of my social life in the city. Then, in the 10 days I’m stationed in San Francisco, between life as I know it and my next cross-country adventure, I keep finding reasons to go out up there. Willie Bird’s Restaurant. Fourth of July. The Hellhounds are playing at the pub.

In this case, of course, I mean, you know, the cat who’s playing Don Quixote’s horse … it’s a no-brainer. And, granted, I’m no theater reviewer, but Slim Jimmy Jack James, meat eater, is long and tall and entirely skinnier than a lot of vegetarians. Plus hairy, so he got to be Jesus in a play within the play within the play, and then he really stole the show.

Seriously, I don’t know how to tell you how great Man of La Mancha was, so let me see what I can do about Willie Bird’s Restaurant.

The thing about me and Mountain Veronica is that, like twins or sisters or something, we get hungry at the exact same time, always. On a day that I’m thinking of, we coincidentally had doctors’ appointments at the same time, right around the corner from each other, and Mountain Sam was along for the air-conditioning, kicking back in V.’s doctor’s waiting room, then mine, then hers, and then finally we were all checked up and MRI’d and together in one place, and me and Mountain V. said, almost in unison, "I’m starving."

"Willie Bird’s," Sam said. I’ve been wanting to check this place out ever since the first time I lived in Sonoma County. It’s Santa Rosa’s famous family restaurant. Big food, drinks. Homegrown turkeys, turkey this, and turkey that, stroganoff … I got whatever sounded closest to smoked, because that’s my favorite way to eat turkeys. And everything was delicious. And everything was more than we could eat, even me and V.

It comes with soups and salads, and before that they load you up with bread and butter and antipasto stuff like salami, olives, and artichoke hearts.

Big food in Santa Rosa. And I don’t know where in the world I’ll be next week, but the time to sally is nigh. So … *

WILLIE BIRD’S RESTAURANT

Daily, 7 a.m.–9 p.m.

1150 Santa Rosa, Santa Rosa

(707) 542-0861

Full bar

AE/DISC/MC/V

Wheelchair accessible

Black and white and color

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One of the most exciting aspects of being a newspaper editor is recognizing a wave of activity that isn’t connected to government mind control or onslaughts of corporate-sponsored and mass-marketed art. This kind of spontaneous mass energy is happening via photography in San Francisco right now. August is known as a slow month, but the city’s galleries are alive with contemporary photos. Bill Daniel’s latest look at the US landscape is opening at RayKo Photo Center, the Daniel-influenced vagabond spirit Polaroid Kidd has his first Bay Area show at Needles and Pens, Greg Halpern’s moody views of Buffalo and Kelli Connell’s double-minted prints are up at SF Camerawork, and at City Hall — through the San Francisco Arts Commission Gallery — the work of 32 local photographers is on view.

Baptized in arguments regarding its viability as an art form, photography remains as contentious as it is expansive. Witness a veteran such as Duane Michals sharpening his claws on the megapopular likes of Cindy Sherman in last year’s rant-monograph Foto Follies: How Photography Lost Its Virginity on the Way to the Bank (Thames and Hudson). We live in an era when the ready availability of portraiture seems to have made its definition even more reductive; via MySpace and more explicit sites, people use cameras to readily package themselves as products. Yet when black-and-white and color and digital and film collide with unpredictable results, photo portraiture can be as varied and lively as the work you’ll find on these pages.

Thanks to fellow Guardian arts editor Kimberly Chun for suggesting, late in the selection process, a focus on portraiture. This decision necessarily narrowed the Bay Area photographers to choose from; there’s a wave of garden- and eco-driven work being done by Bill Basquin and others, while Dusty Lombardo, R.A. McBride, and Jackson Patterson are discovering tremendous depth in interiors. Thanks also to Basquin, Daniel, Glen Helfand, Chuck Mobley, Katie Kurtz, and Dave and Ray Potes for their suggestions.

Twelve years ago I interviewed therapist and author Walt Odets because he was bringing much-needed humanity to discussions of the AIDS crisis; to find out that he’s also a superb photographer whose subjects have included Jean Renoir and his wife, Dido, is a revelation. In distinctive ways, Vic Blue, Robert Gumpert, and Amanda Herman reveal what journalism usually ignores or renders shallow. The intimacy of Vala Cliffton’s photos makes one ponder her presence within the scenes she depicts. Matthias Geiger shows a city you might not have noticed even when it’s been in front of your face. Stan Banos has an eye for the many shades of gray within the multihued and the cuckoo. Job Piston is that rare Bay Area photographer whose work brandishes a sexual edge that isn’t obvious or predictable. Jim Goldberg’s urban work has been canonically influential since the publication of Rich and Poor (Random House, 1985) and Raised by Wolves (Scalo, 1995). Photography is just one aspect of Désirée Arlette Holman’s hand-fashioned fantasy world, a place that looks like a wicked satire of our own.

If you’d like to see more about some of these artists, go to www.sfbg.com/blogs/pixel_vision. (Johnny Ray Huston)

44-Banos.jpg
Stan Banos

NAME Stan Banos

TITLE The Marine

THE STORY "This photo was taken in San Francisco during Fleet Week in ’04."

INSPIRATION "I’ve always had a vague obsession with time and place, and the camera is the best-suited instrument to record such transient moments (particularly when you can’t draw). I generally try to incorporate whatever signs of irony life can offer within a rectangle."

FAVORITE PHOTOGRAPHERS "I have more favorite photographers as an adult than I had favorite ballplayers as a kid: Bruce Davidson, Josef Koudelka, Diane Arbus, Garry Winogrand, William Eggleston, Stephen Shore, Carl de Keyzer, James Nachtwey, Cheryl Richards, Henry Wessel, Elliott Erwitt, Martin Parr, Lee Friedlander … the list is endless."

SHOW "Our World," at SF Arts Commission Gallery’s City Hall space, through Sept. 21.

WEB SITE www.reciprocity-failure.com

44-blues.jpg
Victor J. Blue

NAME Victor J. Blue

TITLE Honduran immigrants, Detention Center Tapachula Mexico

THE STORY "I went to the Guatemala-Mexico border to photograph immigration there. These guys had been caught trying to ride the freight train to the United States. We only had a few minutes to take pictures inside. They were on a bus back to Tegucigalpa within a day, probably just to try again."

FAVORITE MONOGRAPHS The Mennonites by Larry Towell (Phaidon, 2000), Exploding into Life by Eugene Richards and Dorothy Lynch (Aperture, 1986), Kosovo 1999–2000: Flight of Reason by Paolo Pellegrin and Tim Judah (Trolley, 2002), Under a Grudging Sun: Photographs from Haiti Libere 1986–1988 by Alex Webb (Thames and Hudson, 1989).

WHAT ARE YOU SHOOTING NOW? "The cost of the wars in Iraq and Afghanistan for the people of San Joaquin County."

WEB SITES www.victorjblue.com, online.recordnet.com/projects/iraq/Jose/index.html

44-Clifton.jpg
Vala Cliffton

NAME Vala Cliffton

TITLE Unicorn

THE STORY "Unicorn is a portrait of my niece and my brother after their trip to Hawaii. My niece is in love with Hawaii and could not seem to detach herself from her scuba gear that afternoon. My brother was trying to catch a nap before dinner. The combination of elements in this unposed portrait captures an essential and intriguing aspect of their father-daughter relationship."

INSPIRATIONS "The Family of Man [Harry N. Abrams] was the first photography book I can remember picking up and being interested in. Photography was always a part of our family life. One of my projects while at the San Francisco Art Institute was to print the black-and-white snapshots taken of the family over the years."

WHAT ARE YOU SHOOTING NOW? "I have spent the past couple or years working as a filmmaker and producing music videos, some of which I have put up on YouTube at youtube.com/alavala11."

SHOW "Our World," at SF Arts Commision Gallery’s City Hall space, through Sept. 21.

WEB SITE alavala.com

44-Geiger.jpg
Matthias Geiger

NAME Matthias Geiger

TITLE Train

THE STORY Train is taken from Geiger’s "Tide" series, which he describes as "an examination of human presence" in "places of transit and momentary rest…. The technique of layering still images allows past, present, and future moments to appear simultaneously, reflecting the notion that each moment in time is a construct of our memories, our presence, and our projections."

INSPIRATIONS "Direct physical experience such as being outdoors, dance, and meditation, as well as readings on metaphysics."

WHAT ARE YOU SHOOTING NOW? A series on utopian subcultures.

SHOW "Matthias Geiger: Tide." Sept. 6–Oct. 20. SF Camerawork, 657 Mission, second floor, SF. (415) 512-2020, www.sfcamerawork.org

WEB SITE www.matthiasgeiger.com

44-gumpert.jpg
Robert Gumpert

NAME Robert Gumpert

TITLE Untitled

THE STORY "For the past 13 years I’ve been doing an off-and-on documentary project called ‘Lost Promise: The Criminal Justice System.’ This image was done in August 2006 while I was documenting the closing of San Francisco County Jail No. 3. Built in 1934 and beset by a number of serious issues and several lawsuits ordering its closure, the jail was finally closed in August 2006, when inmates were moved to County Jail No. 5, built on land adjacent to the old jail."

FAVORITE PHOTOGRAPHERS Don McCullin, Lewis Hine, August Sander, Leonard Freed, Gilles Peres, and Philip Jones Griffith.

WEB SITE www.robertgumpert.com

44-herman_rashad.jpg
Amanda Herman

NAME Amanda Herman

TITLE Untitled

THE STORY The image is taken from Herman’s most recent work, the short film Lost Island, which looks at the impact of Hurricane Katrina on one large family two years after the storm forced them from their home in Chalmette, La. Herman met the Morris family in Oakland while doing free family portraits for survivors at a relief day in October 2005, one month after Katrina drove them from their homes, and, she writes, "over time, I became interested in exploring the intricacies of one family’s experience with the disaster." Donations and income from the sale of the Lost Island DVD will go into a family fund to assist the Morrises as they rebuild their lives in Oakland.

FAVORITE PHOTOGRAPHERS Seydou Keita, Allen Sekula, Susan Meiselas, Jeff Wall, Wing Young Huie, Wendy Ewald, Jessica Ingram, Eric Gottesman, and others.

SHOW "Inchoate," through Aug. 11. Patricia Sweetow Gallery, 77 Geary, mezzanine, SF. (415) 788-5126, www.patriciasweetowgallery.com

WEB SITE www.amandaherman.com

44-holman.jpg
Désirée Arlette Holman

NAME Désirée Arlette Holman

TITLE Something Ain’t Right

THE STORY "This image is from a larger series of video and photo work depicting actors wearing crude, handmade (by me) chimp costumes. Something Ain’t Right was inspired by smoking chimps in zoos in South Africa and China. One zookeeper claimed that the chimps were smoking because they are frustrated. Could captivity make a chimp neurotic and lead it to smoke? Others claimed that the chimps were imitating tourists, recalling the cliché ‘Monkey see, monkey do.’ "

INSPIRATION "I am inspired by psychology, popular culture, figurative sculptures (including toys), art, and various types of fantasy and fiction making. I capitalize on the potential to create fantasy from realistic imagery through the use of the camera."

FAVORITE PHOTOGRAPHERS Currently include Tracey Moffatt, Liza May Post, and Suzy Poling.

SHOWS "CCA: 100 Years in the Making," at the Oakland Museum of Art, and a solo show at San Francisco’s Silverman Gallery. Both open in October.

WEB SITE www.desireeholman.com

44-piston.jpg
Job Piston

NAME Job Piston

TITLE A Year Later

THE STORY "I was making portraits of young Hollywood and became interested in deconstructing glamour. This is a good friend of mine who was sent away to a facility for a long while. I took this picture the first time I visited him. Today popular figures openly go to rehab; it too has become glamorous."

INSPIRATION "Complicated personalities, intimacy in public spaces, secrets, the figure, and the fountain of youth."

SHOW "Our World," at SF Arts Commission Gallery’s City Hall space, through Sept. 21; "Evidence of Things Unseen," Peninsula Museum of Art in Belmont, through Oct. 21; solo show at Silverman Gallery in San Francisco in October.

WEB SITES www.jobpiston.com, book-of-job.blogspot.com

44-Odets.jpg
Walt Odets

NAME Walt Odets

TITLE Greg Hoffspiegel, Palo Alto, California, 2007

THE STORY "Because it is so instantaneous, there is much chance in photography. This photograph seems to me about the gaze and emotion of the three figures, some combination of attention, reflection, loss, and pathos, as well as the visual organization."

INSPIRATION "I have taken pictures since I was 16. If I can use the camera in a way that forces deconstruction of what we normally see but do not observe, then I feel I have accomplished something."

FAVORITE PHOTOGRAPHERS "Henri Cartier-Bresson, of course, and Ed Ruscha and Lee Friedlander, for their elegance and form, intellect, and relentless literal rendering, respectively."

SHOW An October 2007 three-person show at SF Camerawork, devoted to winners of the James D. Phelan Award for photography.

WEB SITE www.waltodets.com/photo

44-Goldberg.jpg
Jim Goldberg

NAME Jim Goldberg

TITLE Untitled

PHOTO COURTESY OF STEPHEN WIRTZ GALLERY

THE STORY The image is drawn from "The New Europeans," a project Goldberg started around the time of the 2004 Summer Olympics in Athens. The series focuses on the journeys of refugees and immigrants from war-torn or economically devastated homelands in Iraq, Somalia, Sudan, Palestine, Afghanistan, the Philippines, and elsewhere to settle in Europe, specifically Greece and Ukraine. In June, Foundation Henri Cartier-Bresson in Paris presented Goldberg with the HCB Award so he could travel to his subjects’ countries of origin and tell the complete stories of their migration.

SHOW "Jim Goldberg: New Work." Oct. 3–Nov. 10. Reception Oct. 4, 5:30–7:30 p.m. Stephen Wirtz Gallery, 49 Geary, third floor, SF. (415) 433-6879, wirtzgallery.com