San Francisco

OCC — the only true drama

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By G.W. Schulz

Sure, the ongoing battle between the Office of Citizen Complaints and the San Francisco Police Officer’s Association makes for sexy headlines. But what about a break-in at the OCC’s offices? That’s hot, isn’t it?

The Chronicle first reported last week that an attorney named Susan Leff who works for the OCC — the city’s police watchdog agency that collects and investigates allegations of misconduct from citizens — had filed a restraining order against the vice president of the POA, Kevin Martin, after he allegedly swerved dangerously near her in his car Oct. 6.

Just in: More investment info on PG&E’s candidates for supervisor

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Just as the Guardian went to press on Tuesday afternoon, our investigative interns returned from the Californa Public Utilities Commission with more information on the investments that PG&E has made in supervisorial candidates Doug Chan and Rob Black through two key law firms.

Documents on file with the CPUC show that Chan’s law firm, Chan, Doi, and Leal, has received a total of $460,913 in fees from PG&E between 200l and 2005. In 2002, the year of the second public power initiative, the Chan firm received $49,969.78. Chan lent his name to PG&E for use in PG&E’s campaign material and thereby earned a spot in the Guardian’s Hall of Shame.

As our editorial and my previous blogs pointed out, Chan, his campaign, and his law firm refuse to answer our telephone and email requests for an explanation of what he did for PG&E and whether PG&E’s investment will affect his position on public power. Chan is running in District 4 (the Sunset), backed by Mayor Newsom, PG&E, and downtown money.

Black, a PG&E and downtown-backed candidate against Sup. Chris Daly in District 6, worked as an attorney for Nielsen Merksamer, the political law firm that handled all of the dirty dealings for the nasty public anti-public power campaign that PG&E and its allies waged in 2002 with a huge warchest. Black worked with Jim Sutton, his former law professor and PG&E’s main legal operative, during that period but insists he did no work on anything related to PG&E or the campaign. We and many others find that hard to believe. In any event, he is eloquently vague about his current public power position. Nielsen Merksamer received $338,294 in 200l, the year of PG&E’s first victory over the first public power initiative, and $24,303.90 in 2002, the year PG&E beat back the second public power initiative. In 2003, with PG&E fighting numerous major campaign violations on ethical and campaign spending, Nielsen and Merksamer got $496,7l6.87.

In 2004 the firm got $443,50l.24 and in 2005 it got $8l6,97l. The interns who fought their way through the CPUC bureaucracy were Jeff Goodman and Sara Schieron, adding their names to a long list of Guardian staffers who have helped fight the good fight against PG&E for almost 40 years.

“All of this comes at a time when PG&E is going out of its way, at the cost of hundreds of thousands of dollars, to buff up its image–and to fight the city’s modest but significant plans for public power,” our editorial points out. PG&E is also fighting the city in several expensive legal actions, from conflicts over the city’s right to power municipal buildings to PG&E’s working against the city building more solar sites.

At the end of Steven T. Jones’ story on “PG&E’s Extreme Makeover,” he quotes Peter Ragone, the mayor’s press secretary, as saying, “We’re going to do what’s in the best interests of the city of San Francisco. This is the first mayor to support public power, and that hasn’t changed at all.”

Okay. Maybe so. But then why did the mayor appoint Sean Elsbernd to the board, a staunch PG&E ally who worked for Nielsen Merksamer in the l990s? And then why is he now strongly backing PG&E’s supervisorial candiates in this election (Chan and Black)? That would give PG&E three callup votes on the board for PG&E. Fair play: If Chan and Black aren’t potential callup votes on the board, then they need to come clean, right now, and give us and the public an explanation of the PG&E investments in their firms and what their position on public power is now and will be as supervisors.

SOS: it’s time for the public power forces to regroup and start hammering back at the PG&E offensive. Things of great moment are once again in the making. B3

The big SFSOS lie

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By Tim Redmond

Even by the rather low standards of San Francisco political campaigning, this one is a whopper. SFSOS has been a part of a coalition that has put out a series of vicious attack pieces on Sup. Chris Daly. The pieces, and I think the total is now eight, are nothing but attacks that slam Daly over and over again and urge voters to elect Rob Black. It’s about the worst sort of downtown-funded negative politics I’ve ever seen in town. All of the pieces, of course, were produced by so-called independent expenditure committees — which means they weren’t subject to campaign contribution or spending limits.

Now SFSOS has put out a “breaking news alert” on its email list that — this is true — warns that Daly supporters might (gasp) do an IE of their own. Check out the language, from SFSOS field director Ryan Chamberlain:

“we now have evidence that Daly’s public employee union backers are racing to the printer to fund hit pieces against Rob. Unlike the strictly grassroots campaign that you’ve participated in, this will be classic machine dirty politics: Daly’s union friends will flout the $500 per entity contribution limit by sending thousands of slick last-minute mailers that simply defame Rob.”

Huh? “Unlike the strictly grassroots campaign?” Bullshit, Ryan. Much of the campaign for Black and against Daly has consisted of exactly the sort of “dirty politics” the SFSOS alert is decrying — slick mailers, paid for by groups that flout the $500 contribution limit, seeking to defame Daly.

I called Chamberlain to ask him how he explains this world-class hypocrisy, but I haven’t heard back. I’ll let you know when he calls.

Bloody pages of horror!

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Probably the number one question I get asked in life (besides “Yo, Eddy, what the hell is on that sandwich?”) is “What’s your favorite horror film?” My knee-jerk response is, of course, Halloween — I’m obsessed with John Carpenter, Donald Pleasence is nothing but fun to watch, and though I have the entire movie memorized, I never, ever get bored of it.

donald.jpg
“The evil is gone from here!”

But every once in awhile — even at this time of year, when all’s I wanna do is mainline candy corn and park my ass at every dang midnite-movie spook show in town, and god bless San Francisco, there’s a living-dead army of ’em — I get the urge to raid my bookshelf for some supplementary reading. Bios of horror filmmakers have always been a favorite. Read one with a gruesome enough cover and you just might discourage that fellow Muni rider from leering at you from across the aisle (no promises, though).

Spy tactics

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By G.W. Schulz

The Chronicle got scooped badly in late September when A.C. Thompson at the Weekly published a feature-length story revealing that the San Francisco Police Department had spied on reporters working out of the press office at the Hall of Justice. (My computer is still giving me a lot of shit, otherwise I’d post the links. Find ’em yourselves, friends.)

The Chron finally followed up on it yesterday with an explanation for why they had failed to do any story previously when they learned that the police department was pulling phone records to see who had leaked a department memo to crime reporter Jaxon Van Derbeken. The memo showed how top brass knew Alex Fagan Jr. – best recognized for his role in the Fajitagate scandal – had a serious temper. Derbeken’s original reporting on the memo surfaced shortly after Mini Fagan and two other off-duty officers clashed with two civilians over a bag of fajitas in 2002.

Red-tape bandage

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By G.W. Schulz

Both the Los Angeles Times and the San Francisco Chronicle ran large stories last week on problems in the workers’ comp system since Schwarzenegger so proudly initiated reforms two years ago as part of a major recall campaign promise.

In fact, the pendulum has swung startlingly fast in the other direction away from what was viewed as a bloated system that encouraged excess and fraud. My computer’s operating very slowly this week, otherwise I’d post the links. You’ll have to find them yourself. The reporters are Marc Lifsher at the Times and Tom Abate at the Chron.

Chan stonewalls on PG@E questions: will anybody be able to pin him down before the election?

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As our editorial for the Wednesday Guardian states, “We’ve seen plenty of allies of Pacific Gas and Electric Company on the San Francisco Board of Supervisors. We’ve seen a few PG@E bagmen, PG@E shills, and PG@E fronts. But there’s never been anyone elected to the board in our 40 years who was actually a paid attorney for PG@E.

“This year, there’s at least one, and possibly two candidates who have worked as PG@E lawyers–and that alone should disqualify them from ever holding public office in San Francisco. The most obvious and direct conflict involves Doug Chan, the former police commissioner who is seeking a seat from District Four. Documents on file with the California Public Utilities Commission show that Chan’s law firm, Chan, Doi and Leal, has received more than $200,000 in fees from PG&E in just the past two years.

“Chan won’t come to the phone to discuss what he did for the utility, won’t respond to questions posed through his campaign manager and press secretary, won’t return calls to his law firm and thus won’t give the public any idea what sorts of conflicts of interest he’d have if he took office.

“This is nothing new for Chan: Back in 2002, he put his name on PG&E campaign material opposing public power and earned a spot in the Guardian’s Hall of Shame.”

At blogtime last Monday afternoon: still no word from
Chan, his campaign, nor his law firm. (See my blog below for the Guardian questions.) Key question: will anybody be able to pin Chan down on his PG@E connections before the election? Let us know. B3

Why won’t the PG@E attorney for supervisor answer some questions?

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Douglas Chan, an attorney with the law firm of Chan, Doi, and Leal, is a candidate for supervisor from the Sunset District. PG@E has paid $2l0,054 to his firm the last two years, according to PG&E’s filings with the California Public Utilities Commission.

Chan also disclosed that he has received more tthan $l0,000 during the last year in gross income including his pro rata share of the gross income of the firm from five clients (PG&E, Ferry Plaza Limited Partnership, Chess Ventures Legal Challenge, Sugarbowl Bakery, and Chinese Consolidated Benevolent Association), according to his Statement of Economic Interest filed with the Ethics Commission. This is nothing new for Chan: Back in 2002, he put his name on PG@E campaign material opposing the public power initiative and supporting PG@E and thus earned a spot in the Guardian’s Hall of Shame that year.

The PG@E connection raises some serious questions for Chan. He refused to be interviewed for our Guardian editorial endorsement interviews of candidates for supervisor (even though most other candidates in other races came in for interviews.) And he and his campaign staff have refused to talk to us about these questions. So it may be up to the residents inside and outside the Sunset District to ask him these questions at candidates’ nights and when they spot Chan on the campaign trail. Good luck! Let us know. These are the questions I emailed today to Chan, his campaign manager Tom Hsieh jr., and his firm.

To Doug Chan, Tom Hseih jr., Nicole Yelich, and to Chan, Doi and Leal:

We’ re sorry that Doug Chan, as a candidate for public office in the Sunset District (not far from where I live), has decided not to come to the Guardian for our normal round of candidate interviews, as almost everyone has done in other campaigns.

We’re also sorry that we cannot reach him, or anyone in his campaign, who can answer some important questions about the relationship that he and his law firm have had with PG@E for years. So I am asking these questions by email (for Guardian coverage and for my Bruce Blog at sfbg.com):

l. PG@E has paid $2l0,054.ll to the Chan, Doi, and Leal law firm during the last two years, according to PG@E filings with the CPUC. What has PG@E paid the law firm so far this year? Will PG@E be an ongoing client of the firm? What is the total that PG@E has paid the law firm through the years? What percentage of the firm’s revenue has been paid directly or indirectly by PG@E, year by year? If elected, will Chan fully divest himself and disengage completely from the firm?

2. What work has Chan himself done for PG@E? In reading through the resume of Chan and the partners of the firm, it doesn’t appear that this firm or its partners have any specific utility or energy expertise. Why then did PG@E hire this firm?

3. Did PG@E encourage Chan to run for the Sunset supervisorial seat?

4. Have you asked the city attorney for an opinion on how PG@E’s hiring of the firm and Chan would affect his votes and whether he would have to recuse himself on such votes as public power, the community choice aggregation project, and the many other projects and votes involving PG@E? If you have an opinion, what is it?

5. What is Chan’s position on enforcing the Raker Act and bringing Hetch Hetchy power to the city for our residents and businesses? Would he vote to put on the ballot an initiative proposal to buy out PG@E’s transmission lines and make San Francisco a public power city? Would he for example support proposals such as the last two public power proposals that went on the ballot? We would appreciate his reasoning on this critical issue that costs the city hundreds of millions of dollars a year.

6. Would he vote to direct the city attorney to sue PG@E to make null and void the city’s l939 PG@E franchise fee, which is the lowest in the state, and PG@E claims is signed in perpetuity? If not, why not? We would appreciate his reasoning on this critical issue that costs the city tens of millions a year.

7. What is Chan’s position on the community choice aggregation proposal now before the board? On the city’s development of alternative power sources such as solar, tidal, etc.? ON tearing down the ruinous Potrero Hill power plant?

7. The critical question: given PG@E’s heavy investment in Chan and his firm, could Chan explain to us and the people of the Sunset how you would represent them fairly and honestly on these critical public power/public resource issues and not be under the influence of your former client PG@E?

Thanks very much. We would appreciate talking to Chan directly or, if that is not possible, getting his answers to the above crucial public power and public policiy quetions from him. Thanks very much. B3

Doug Chan, PG&E’s man at City Hall

Doug Chan, PG&E’s man at City Hall

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By Tim Redmond

Matt Smith, the SF Weekly columnist, did a little investigative reporting last week and discovered that Doug Chan, candidate for supervisor from District 4, does, indeed, live in the district, has a messy house and hasa neighbor who complains about him hogging the laundry room. But after what appears to have been a brief conversation (summarized in a couple of paragraphs), Smith concludes that Chan is really a hell of a guy, and would be a fine supervisor. (He main claim to fame, according to Smith, is that he thinks “ideology is killing San Francisco.”) What an ass.

Smith’s bang-up investigation, however, missed a little fact that’s easily accessible to anyone who checks some state and local public records. Chan is an attorney for Pacific Gas and Electric Co.

In fact, California Public Utilities Commission records show that Chan’s law firm, Chan, Doi and Leal, has received more than $200,000 in legal fees from the utility in the past two years. Chan himself, as a partner, has pocketed at least $10,000 of that money, according to his economic interest statements.

It’s hard to figure out what Chan has done for PG&E — he clearly doesn’t do utilities law (or much else that fits PG&E’s needs, according to his own website.)

Should the city elect a candidate who has derived a substantial amount of his personal income from one of the greatest lawbreakers in town, a company the city is fighting now over public power in Bayview Hunters Point and will be fighting bitterly over citywide public power in the next few years?

Matt?

Reforming democracy

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By Steven T. Jones
Wtih ranked choice voting up and working well in San Francisco, four other communities around the country are poised to approve it in the upcoming election. In addition to Prop. O in Oakland, ranked choice is on the ballot in Davis, Minneapolis, and Pierce County, Washington.
“I see these four elections as key. If we can sweep them, that’s a tipping point,” activist and former Nirvana bassist Krist Novoselic said last night at a Prop. O fundraiser in the law office of Matt Gonzalez, who championed the San Francisco measure while serving on the Board of Supervisors.
Novoselic got involved in politics back in his Nirvana days, fighting to overturn a Seattle law that prevented people under 18 from attending concerts.
“Along the way, I got enthusiastic about democracy and participation,” he said. But even among those working on his campaigns, many felt their votes for candidates didn’t count. Reading SF-based democracy reform leader Steven Hill’s book, “Fixing Elections,” he learned about the concept of the “surplus voter” whose preference for a candidate other than the Democrat or Republican is essentially discarded. With ranked choice, voters can cast a ballot for their favorite candidate and also for the lesser of two evils, thus allowing minor parties to gain support. As such, Novoselic called democracy reform “the Holy Grail of the Green Party.”
Hill said he is cheered by the current situation. “It’s starting to happen, but these things take time. It’s a big country, but we’re making progress.”

Macy’s loses

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By Tim Redmond

Sometimes you settle a lawsuit, and sometimes you roll the dice and fight.

Back in 2001, the San Francisco supervisors voted to cough up some $80 million in cash to pay off a group of big corporations that claimed the city’s business tax was unconstitutional. It was a close call — the city attorney warned that if the city fought and lost, the potential liability could have reached $500 million.

There were a few crazy dissenters — Matt Gonzalez and me, and not a whole lot of others — who said, in effect, let’s take the chance: These assholes wanted to soak the city for a bunch of money at a time when corporate America was rolling in the dough, thanks in part to Bush Administration tax cuts at the federal level. Fuck ’em — we’ll see you in court.

But cooler heads prevailed, and the city settled with all but one of the 52 companies. One holdout — Macy’s (the greedy pricks) — decided not to accept the settlement and to push the case and squeeze every drop possible out of the taxpayers. Superior Court Judge Richard Kramer ruled in Macy’s favor, awarding the company $13 million. It looked as if the supes had done the smart thing settling with everyone else.

And then yesterday, the Court of Appeal overturned Macy’s award, saying that the $13 million refund was excessive. The giant retailer — where I will never again shop, by the way — gets only pocket change, a few hundred grand.

Of course, the court didn’t re-instate the tax; this was only a small part of the case. But still, Macy’s lost, big. Makes me wonder what might have happened if we’d never settled with any of the Filthy 52.

Macy’s loses

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By Tim Redmond

Sometimes you settle a lawsuit, and sometimes you roll the dice and fight.

Back in 2001, the San Francisco supervisors voted to cough up some $80 million in cash to pay off a group of big corporations that claimed the city’s business tax was unconstitutional. It was a close call — the city attorney warned that if the city fought and lost, the potential liability could have reached $500 million.

There were a few crazy dissenters — Matt Gonzalez and me, and not a whole lot of others — who said, in effect, let’s take the chance: These assholes wanted to soak the city for a bunch of money at a time when corporate America was rolling in the dough, thanks in part to Bush Administration tax cuts at the federal level. Fuck ’em — we’ll see you in court.

But cooler heads prevailed, and the city settled with all but one of the 52 companies. One holdout — Macy’s (the greedy pricks) — decided not to accept the settlement and to push the case and squeeze every drop possible out of the taxpayers. Superior Court Judge Richard Kramer ruled in Macy’s favor, awarding the company $13 million. It looked as if the supes had done the smart thing settling with everyone else.

And then yesterday, the Court of Appeal overtuned Macy’s award, saying that the $13 million refund was excessive. The giant retailer — where I will never again shop, by the way — gets only pocket change, a few hundred grand.

Of course, the court didn’t re-instate the tax; this was only a small part of the case. But still, Macy’s lost, big. Makes me wonder what might have happened if we’d never settled with any of the Filthy 52.

Impertinent questions on the new Hearst shenanigans (part 3)

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Email questions sent on Thursday to Chronicle Publisher Frank Vega, Editor Phil Bronstein, Managing Editor Robert Rosenthal, Metro Editor Ken Conner, and Business Editor Ken Howe

Folks:

I have some questions I would appreciate if you (or Hearst corporate in New York) would answer.

As you may know, the Guardian did a story this week on the Oct. 6th Wall Street Journal story on the Hearst subsidiary and prescription pricing. And I have done two blogs on the Bruce blog at sfbg.com.

Has the Chronicle/Hearst done any stories on the First Data Bank/Hearst settlement and story? (Note the AP story in the Houston Chronicle on a link below). If so, could you send them to me? (We couldn’t find any.) If not, will you do a story? If not, could you please explain?

Note also the Justice press release below, dated Oct. ll, 200l, with the head stating that “HEARST CORPORATION TO PAY $4 MILLION CIVIL PENALTY FOR VIOLATING ANTITRUST PRE-MERGER NOTIFICATION REQUIREMENTS, Largest civil penalty a company has paid for violating antitrust pre-merger requirements.” Did you do a story on this at the time or later? If not, please explain.

Are these decisions not to publish these two major stories made in San Francisco or with Hearst corporate in New York and, if so, by whom?

Thanks very much. This is for my Bruce blog and perhaps for follow stories that our reporter G.W. Schulz is doing for the Guardian.

Sincerely, B3

The Wall Street Journal
Justice Department Press Release
A tough pill to swallow by G.W. Schulz

Online Exclusive: Method Man at the crossroads

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a&eletters@sfbg.com
When a bumped phone interview with hip-hop legend and putf8um artist Method Man mushroomed into a proposed
backstage post-show encounter, I naturally jumped at the chance.

Being a devotee of the ultimately more funk-based grooves of Bay Area hip-hop, I tend not to pay
attention to the doings of NYC, and I can’t claim to have ever followed the Wu-Tang Clan in general or Meth
in particular, though I have always admired both from afar. Yet one needn’t follow the Big Apple’s scene in
great detail to appreciate its impact, and with Meth’s successful film and TV career, most recently as a recurring character in this season of HBO’s cop drama The Wire, one needn’t even listen to hip-hop anymore
to appreciate his.

This situation is exactly what’s troubling Method Man. His very success in the cultural mainstream, he
feels, has been held against him by the hip hop-industry, a curious situation considering
mainstream success is the perceived goal and direct subject matter of most raps these days. Unlike the
recent fashion among rappers like Andre3000 to pooh-pooh their interest in music in favor of their
“acting career,” Meth wants to be known primarily as an MC. But Hollywood success has proved to be a
slippery slope, paved by Ice-T and Ice Cube — each in his turn the most terrifying, authentic street rapper
imaginable — to the end of your hit-making potential in hip-hop.

Couple this perception with Meth’s vocal challenges of the effect of corporate media consolidation, and it’s
not difficult to imagine why Def Jam released his fourth solo album, 4:21: The Day After, without a peep
at the end of August, as if the label had written him off despite his track record of one gold and two
putf8um plaques.

Still, no one who’s heard the angry, defiantly shitkicking 4:21 (executive produced by the RZA, Erick
Sermon, and Meth himself) or saw the show Meth put on that evening (leaping from the stage to the bar and
running across it by way of introduction, later executing a backwards handspring from the stage into the crowd by way of ending) could possibly doubt his vitality as an MC. He put on a long, exhausting show,
heavy with new material, that utterly rocked the packed house.

Shortly after the show ended, I was brought backstage by Meth’s road manager, 7, to a tiny corridor of a
dressing room crammed with various hangers on. A man in a warm-up suit with a towel over his head was
sitting alone on a short flight of steps in the center of the room.

“That’s him,” 7 said, before disappearing to take care of other business.

It was like being sent to introduce yourself to a boxer who’d just finished a successful but punishing
brawl. The face that looked up at my inquiry was that of a man who’d retreated somewhere far away into
himself, requiring a momentary effort to swim to the surface. Quite suddenly I found myself face to face
with Method Man, whose presence immediately turned all heads in the room our way as he invited me to sit down
for a brief discussion of his new album and his dissatisfaction with his treatment by the music
industry.

SAN FRANCISCO BAY GUARDIAN: I read the statement on your Web site [www.method-man.com] in which you
discuss your problems with the industry. Could you describe the problems you’ve been having?

METHOD MAN: My big problem with the industry is the way they treat hip-hop artists as opposed to artists
in other genres. Hip-hop music, they treat it like it’s fast food. You get about two weeks of promotion
before your album. Then you get the week of your album, then you get the week after, then they just
leave you to the dogs.

Whereas back in the day, you had artists in development, a month ahead of time before you even
started your campaign, to make sure that you got off on the right foot.

Nowadays it’s like there’s nobody in your corner anymore. Everybody’s trying to go into their own
little club, for lack of a better word. Everybody has their own little cliques now. Ain’t no money being
generated so the labels are taking on a lot of artists because of this at once that they don’t even have
enough staff members to take care of every artist, as an individual. Their attention is elsewhere, or only
with certain people.

SFBG: Your new single [“Say,” featuring Lauryn Hill] suggests you’ve had problems with the way critics have
received your recent work and even with the radio playing your records. How can someone of your status
be having trouble getting spins?

MM: You know what it is, man? A lot of people have come around acting like I’m the worst thing that ever
happened to hip-hop, as good as I am.

Hating is hating. I’ve been hated on, but just by the industry, not in the streets. They never liked my crew
[the Wu-Tang Clan] anyway. They think we ain’t together anymore and they try to pick at each and
every individual. Some motherfuckers they pick up. Other people they just shit on. I guess I’m just the
shittee right now, you know what I mean?

SFBG: Do you think it has to do with the age bias in hip-hop? The idea an MC is supposed to be 18 or 20?

MM: You know what I think it is? As our contracts go on, we have stipulations where, if we sell a certain
amount of albums, [the labels] have to raise our stock. A lot of times dudes just want to get out their
contracts so they can go independent and make more money by themselves. There’s a lot of factors that
play into it.

SFBG: Are you not getting enough label support?

MM: A label only does so much anyway. It’s your team inside your team that makes sure that you got a video.
Or that you got that single out there, or that your tour dates are put together correctly. The labels,
they basically just do product placement. They make sure that all your stuff is in the proper place where
it’s supposed to be at. They’re gonna make sure your posters are up. They’re going to make sure that
they’re giving out samples of other artists that are coming out also. [But i]t’s really up to us [the
artists] to make sure our music is going where it’s supposed to.

Right now there’s so many artists people can pick and choose from, don’t nobody like shit no more.

SFBG: Do you think you’re getting squeezed out of radio play as a result of corporate media
conslidation?

MM: Absolutely; this shit ain’t nothing new. It isn’t just happening to me. It’s been going on since dudes
have been doing this hip-hop music. They bleed you dry and then they push you the fuck out.

That’s why I always stress to the fans to take your power back. I always hear people talking about things
like, “Damn, what happened to these dudes? What happened to these guys? I always liked their shit.”
But the fans, not just the industry, tend to turn their backs on dudes. They get fed so much bullshit,
they be like, “Fuck it; I’m not dealing with that shit. I’m going to listen to this.”

SFBG: So what about your acting career? Do you feel like you’ve been overexposed as an actor or that
you’ve been spread too thin and are readjusting your focus?

MM: Fuck Hollywood, B.

SFBG: But I heard you say on the radio today you wanted to play a crackhead and get an Oscar….

MM: I do want to play a crackhead in a movie. I’m going to be a crackhead who dies of an overdose at the
end of the movie, and people cry, and I’m going to get me an Oscar. But fuck Hollywood; tell ‘em to come see
me. Tell ‘em to come to my door.

SFBG: Obviously, from what you said during the show and the lyrics on 4:21: The Day After you haven’t
renounced smoking marijuana, so could you discuss the concept behind “4:21”? Is it about the difficulties
of living the hard-partying lifestyle of the rap artist?

MM: It was just symbolic of a moment of clarity for me. I made a symbol for myself of a moment of
clarity. You know I’ve always been an avid 4:20 person. I like to get out there and smoke with the
best of them. But I picked “4:21” as like, the day after. I got tired of people running up on me and
being like, “You was funny in that movie,” because I was an MC first and foremost. It used to be like, “Yo,
that fuckin’ verse you did on that song, that was hot.” Now it’s like, “My kids love you; they love that
movie, How High.”

It gets to the point when even when I’m having a serious moment, or a serious conversation, people
laugh at the shit like it’s funny. But they laugh cause they thinking of the movie; they thinking of
some sitcom shit.

SFBG: Besides yourself and RZA, Erick Sermon executive produced the album. Can you talka bout your
connection with him?

MM: I’ve been fuckin’ with E ever since I’ve been fuckin’ with Redman. E knows what I like, you know
what I’m saying? The same way he knows what Redman likes. And RZA, that’s a given right there. I’ve been
down with RZA’s shit A1 since day one.

SFBG: 4:21 also features a collaboration with Ol’ Dirty Bastard. When did you guys record this track?

MM: “Dirty Meth” — that’s a posthumous joint with O.D.B. It was after he was gone already. I tell everyone
that so they know.

SFBG: But he seems to permeate the new album.

MM: He does. Good word, too. He permeates it.

Speaking it

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By Steven T. Jones
Service Employees International Union president Andy Stern was in San Francisco today to help christen SEIU Local 790’s new digs on Potrero Hill — and to give fiery voice to the prescription for national political reform that he outlines in his new book “A Country That Works: Getting America Back on Track” (all proceeds from which go to SEIU’s political struggles, so go buy one).
He also dropped a bit of a bombshell on the capacity crowd (which included such notables as Mark Leno, Tom Ammiano, Chris Daly, Sophie Maxwell, Dennis Herrera, Phil Ting, and Bob Twomey): 790 head Josie Mooney will be leaving town to work directly for Stern. “I’m so sorry you’re losing her, but it’s a gain for SEIU,” he said to a smattering of gasps. Actually, Mooney tells the Guardian that her departure has been in the works for awhile, but that she plans to stick around for at least a couple more months.
It will be a loss for SF, but to hear Stern outline his vision, Mooney could be a part of something with the potential to rescue the country from self-destruction.

WEDNESDAY

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Oct. 18

Music

“Freaky Folkie Magic”

With the immense popularity of Bay Area artists such as Devendra Banhart and Joanna Newsom, who have revitalized stuffy notions of folk, it is no surprise that the Rickshaw Stop decided to host “Freaky Folkie Magic,” an evening of mysticism and musical whimsy. Tonight’s main act is LA’s Entrance, whose haunting, spectral sounds conjure up early permutations of the blues and Syd Barrett-esque madcap psychedelia. San Francisco’s White White Quilt, known for their soothing homespun melodies, get the support slot, with Nevada City’s Mariee Sioux and perennial vagabond Joseph Childress opening up. (Hayley Elisabeth Kaufman)

8 p.m.
Rickshaw Stop
155 Fell, SF
$8
(415) 861-2011
www.rickshawstop.com

Music

Hippie Grenade

According to UrbanDictionary .com, a “hippie grenade” is a bit of hot ash that you accidentally suck down your throat while smoking marijuana. The wonderful sound made by the band Hippie Grenade, on the other hand, is something you won’t mind going down your windpipe. Hippie Grenade are local heroes who effortlessly blend musical styles ranging from Parliament Funkadelic to Phish and come out sounding a little like early Incubus. Their live shows are so epic that if you’re smoking at the time, you might make a hippie grenade if you’re not careful. (Aaron Sankin)

9:30 p.m.
Boom Boom Room
1601 Fillmore, SF
$5
(415) 673-8000
www.boomboomblues.com
www.myspace.com/hippiegrenade

Surfing new turf

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› a&eletters@sfbg.com
Listening to the warm analogs, e-bowed guitar, and post-jazz swing that manifest on “Medium Blue” off Surf Boundaries (Ghostly International) — one of two new albums by Christopher Willits — you might assume that the instrumentation was performed by an ensemble of helping hands rather than simply the Bay Area electronic musician. And you’d be half right. The 28-year-old Kansas City, Mo., native executes many of the album’s compelling melodies and fizzling, ambient textures on guitar, laptop, and synths — aided at times by compañeros including Adam Theis, Brad Laner, and notably, R&B-pop vocalist Latrice Barnett on the calming orchestrations of stringed instruments and horns.
“My name’s on the record, but tons of collective energy came into making it happen,” explains Willits at a Mission District bar. “I outsourced some things to the brilliant friends around me.”
Their impact is evident: the CD shifts dynamically from the usual guitar-run-through-a-laptop drone and fuzz of Willits’s live sets. He says that he hopes to someday put together a band to perform a release like Surf Boundaries on tour. That plan isn’t a surprise, considering Willits’s determination to always have a full plate.
The Mills College graduate’s musical career has quickly taken flight since his move to the Bay in 2000. It’s amazing that Willits even has time for solo endeavors between playing with Flössin — his side project with Hella’s Zach Hill featuring guest noisemaking from Kid606, the Advantage’s Carson McWhirter, and Matmos — and ongoing collaborations with avant-garde musicians such as Ryuichi Sakamoto, and former Tool bassist Paul d’Amour. When not on tour, Willits spends his time at the Bay Area Video Coalition in San Francisco, where he began teaching digital audio workshops five years ago. With John Phillips, he also founded Overlap.org, an online community that aims to give exposure to electronic and experimental artists through blog feeds, podcasts, and live music events.
Much of Willits’s work as a solo artist and a collaborator is documented on labels such as Taylor Deupree’s 12K and Sub Rosa, but his recent alliance with the Midwestern electronic imprint Ghostly International may prove the most promising. “I really like Ghostly, because they’re more into artist development rather than boxing in artists’ sounds and constraining them from branching off,” Willits says.
Likewise, his latest offerings are all over the sonic map. The art alone for Surf Boundaries illustrates its ethereal mood: soft hues delicately wash images of animals scattered around a portrait of Willits. The music within strikes a wonderful symphonic balance between electronic composition and live instrumentation as Willits and his collaborators frolic with a blend of jubilant French pop, glitchy guitar, and shimmering psychedelia.
Along with Surf Boundaries’ cozy, sleepy appeal comes Willits’s shrill wake-up call with guitarist Brad Laner (Medicine, Electric Company) — the North Valley Subconscious Orchestra. The space pop–oriented unit gives the Creation Records class of ’91 competition with white-noise guitar treatments and alt-rock rhythms.
The duo met through mutual friend Kid606, and for Willits the collaboration was a dream come true.
“Laner is one of my guitar heroes,” he says, adding that when he first listened to his old Medicine cassette in high school, he mistook Laner’s nails-on-chalkboard approach to guitar playing for a stereo malfunction.
“I realized that the way he’s making that sound is that he’s running all his guitar effects into a shitty four-track and then cranking the preamps up on it, so it’s getting this full …” — Willits makes a fast, circular motion with his arms — “whish!”
Released in August as Ghostly’s first full-length available exclusively via download, NVSO’s The Right Kind of Nothing highlights Laner’s signature guitar bluster and Willits’s ability to dabble subtly in an aggregation of soundscapes. What results is a continuous squall of beaming shoegaze discord that feels like sunshine bursting into a dark room — only to be broken by heavy kraut rock tempos and Swervedriver guitars.
Though Surf Boundaries and The Right Kind of Nothing radically differ in sound and structure, both discs showcase Willits’s ambition to crack the electronic mold and move toward a contemporary vein of experimental rock.
“All I’m trying to do is feel out my own energy and relationship to my creative process,” Willits explains. “I could have never envisioned the albums sounding the way they do. I love being surprised by my own creativity.” SFBG
CHRISTOPHER WILLITS
With Daedelus, Caural, and Thavius Beck
Fri/20, 9 p.m.
Bar of Contemporary Art
414 Jessie, SF
$10
(415) 777-4278
www.sfboca.com
www.overlap.org

Straight outta Mill Valley

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› a&eletters@sfbg.com
Some time has passed since people routinely looked in 924 Gilman Street’s direction to familiarize themselves with what’s new and interesting in Bay Area rock. However, this doesn’t mean that nothing worthwhile passes through its doors. Topping the bill of the annual Punk Prom earlier this year were the Abi Yoyos, whose cavalier, recklessly hooky normal-dude brand of punk is totally outlook brightening.
Over beer and burritos at a San Francisco taquería, guitarist-vocalist-songwriter Matt Bleyle and lead vocalist Shawn Mehrens, both 21, recently strolled down a nearly five-year-long footpath of memories, including problematic tour vans and onstage pleas for Albuterol inhalers. Unlike a lot of local groups, the Abi Yoyos openly rep the North Bay: namely, Mill Valley. Its members’ paths crossed when Bleyle, Mehrens, and bassist Jeff Mitchell attended Tamalpais High.
“The band was sort of an offshoot of the conversations that Matt and I would have while taking all-night walks in Mill Valley,” Mehrens said. “Nothing is open past 10 p.m., and nobody really presents any options as to how to change things aside from maybe starting a band.” Originally, they played straight hardcore; since then, they’ve adopted a more complex, melodic approach. They cite Charles Darwin — or as Mehrens calls him, “Chuck D” — and Phil Ochs as inspiration for their evolution, along with bands like los Rabbis and the Fleshies.
“Originally we were called Gutter Snatch, as we tried to just come up with the most offensive name possible,” Bleyle said. The moniker Abi Yoyos came to pass courtesy of a Pete Seeger song and an African tale that prophesied “if we turn our back on music and religion, Abi Yoyo [a bogeyman who symbolizes Western civilization] will come and get us.”
The musicianship of the band — which includes drummer Blaine Patrick and saxophonist Kyle Chu — is remarkably solid. “Blaine has won ‘Outstanding Soloist’ awards at Stanford Jazz Camp,” Bleyle explained. “Jeff was in a band called Turbulence that sounded like a cross between Weezer and Hendrix.” Chu joined the band after the Abi Yoyos’ first 7-inch, “The World Is Not My Home” (Riisk), and the lineup solidified to what it appears as on their new debut, Mill Valley (Big Raccoon).
To put out that record, Mehrens worked 80-hour weeks between three jobs, including one at ellusionist.com, a magicians’ supply Web site. “We’re really hard to pigeonhole,” said Mehrens, who now runs Big Raccoon. His friend Corbett Redford, who ran S.P.A.M. Records, along with other industry-seasoned pals, gave the Abi Yoyos the guidance needed to release Mill Valley, an altogether inspired, infectious set of songs.
“I think we can all agree on our hometown heroes,” Bleyle said with a smirk. Sammy Hagar was one of the first names to be mentioned, along with “the guy who invented the toilet-seat guitar,” Huey Lewis, Clover, and Quicksilver Messenger Service. “Cruisin’ and boozin’, my ass!” exclaimed Mehrens to much laughter. “I hate Sammy Hagar.”
Instead the band takes after punkier forefathers. John from the Fleshies introduced the Abi Yoyos to the Punk Prom audience as what Flipper would sound like “if Flipper were good.” After a few minutes of searching for the drummer, that description gained credibility as the band, donning dresses and sparkly makeup, ripped into their cover of the Beatles’ “Helter Skelter.”
They routinely jam “Helter Skelter” in their practice space — a large metal storage box with electrical outlets by San Quentin State Prison — skirting lunacy in their proximity to inmates and in their unusual reverence for both the sticky melodies of ’60s pop and the fast, snotty punk that emerged from LA in the ’80s. In a scene where, in Mehrens’s words, “image means a lot,” the Abi Yoyos tend to defy punker conventions, adopting an unusually eclectic aesthetic. “Quagmire” moves from medium-paced hardcore to a full-blown anthem about halfway through — a nod to Bleyle’s recent “openness to prog” and odd song structures — and they pop hooks in a forcefully shameless manner; Mehrens was, after all, “raised on R&B and Motown.”
“We have friends in a lot of different scenes,” Mehrens said. “Bands that play hardcore, dancy punk, crusty punk, and some that don’t do anything at all. At every show, there are different types of kids rockin’ out.”
Their first nationwide tour began in late July and has included such transcendent experiences as Dumpster diving, playing a farm in Las Cruces, and shooting Roman candles out the passenger-side window of their van on the Williamsburg Bridge. “We’re a little too weird for the South,” said Mehrens by phone from Ohio. “And one show flyer described us as ‘strange punk,’ which we all think is pretty awesome.”
With any luck, their sharp wit and taut songwriting will take them much further than would the gas tank of Sammy Hagar’s convertible. SFBG
ABI YOYOS
With This Is My Fist, Onion Flavored Rings, Giant Haystacks, and Robocop 3
Sat/21, 7 p.m.
Balazo 18 Art Gallery
2183 Mission, SF
$5
(415) 255-7227

A tough pill to swallow

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The furor over escautf8g prescription drug prices has inspired dozens of state investigations and civil lawsuits in recent years across the United States, most of them targeting manufacturers.
But another factor in the increases quietly surfaced Oct. 6 in a Boston federal courthouse. Two major Bay Area companies were accused in court documents of infutf8g the cost of prescription drugs to the tune of an estimated $7 billion between 2001 and 2005.
The Wall Street Journal first reported in early October that a drug data publishing company based in San Bruno called First DataBank had reached a settlement with a group of unions in Massachusetts and Pennsylvania over how the company gathered and presented prices in the pharmaceutical catalog that it’s maintained for years.
First DataBank is a subsidiary of the New York–based media empire Hearst Corp., owner of the San Francisco Chronicle, Esquire, and dozens of other publications across the country. Another company still being targeted by the plaintiffs is the San Francisco–based drug wholesaler McKesson Corp., which earned $88 billion in revenue last year and is ranked 16th among Fortune 500 companies.
First DataBank’s price listings play an enormous role in determining what Americans pay for medications. When you receive a bottle of antibiotics to treat an infection, for instance, your private health insurer or state Medicaid program (known as Medi-Cal here) will refer to First DataBank’s listed drug prices as a benchmark to determine what it’ll pay the pharmacy as a reimbursement. That means if the benchmark goes up, so too can your insurance premiums and the cost to state governments.
The settlement, according to federal records, forces First DataBank to adjust the formula it uses to determine those prices. An economist hired by the plaintiffs testified that the savings in 2007 alone for consumers could amount to a staggering $4 billion. First DataBank has also agreed to cease publishing the prices in their drug guides within two years.
Physicians, hospitals, pharmacists, and all manner of other health care professionals pay First DataBank a subscription rate for access to a digital clearinghouse of information on drug dosages and allergies, among other things.
More importantly, First DataBank publishes what’s known as an “average wholesale price” for more than 290,000 pharmaceuticals. There are three major drug wholesalers in the United States, including McKesson, that buy drugs directly from manufacturers and then mark up the price before selling the drugs to pharmacies. The average wholesale price — widely used around the country to determine what pharmacies will get as a reimbursement — is supposed to be a reasonable reflection of what the pharmacies pay the wholesalers for drugs.
First DataBank claimed to survey these wholesalers to come up with an average price that includes the markup, which it then lists in its drug-pricing database. But in recent years, the Journal reported, such surveys have been few and far between, and sometime around 2002, First DataBank inexplicably froze the markup at 25 percent, even though the prices pharmacies were actually paying fluctuated dramatically due to competition.
Citing testimony from one employee, the Journal notes that First DataBank began surveying only one company to come up with its average: McKesson. The cost to pharmacies still varied, but McKesson had reportedly standardized its markups on paper at 25 percent. That meant insurers and state health care administrators relying on First DataBank were making reimbursements that translated to higher profits for the pharmacies.
The employee’s testimony and documents in the case indicated that McKesson knew exactly what was happening. What remained unclear at press time was why First DataBank would choose to survey only McKesson or how it might have benefited from the decision.
The Journal notes the pharmacies were the only ones that stood to profit from the standardized markups, not McKesson directly. But internal McKesson e-mails show the company not only was aware of its impact on First DataBank’s published figures but hoped pharmacies would see McKesson working in their best interests — a marketing scheme, if you will.
An e-mail from one McKesson product manager gleefully exclaims that the profit for pharmacies dispensing a bottle of the cholesterol drug Lipitor leaped from $6.86 to $17.18.
First DataBank admitted no wrongdoing and is not paying money to the plaintiffs of the Boston settlement. The company was founded in 1977, and Hearst purchased it in 1980. Federal records show that in 1998, Hearst bought a $38 million company that owned one of First DataBank’s only real competitors, Medi-Span.
A later investigation by the Federal Trade Commission revealed that Hearst had failed to turn over key documents to the Justice Department’s antitrust division during the sale. As a result the feds slapped Hearst with a $4 million fine in 2001, at that time the largest premerger antitrust penalty in US history. The FTC also belatedly concluded that Hearst’s ownership of Medi-Span gave it a monopoly over the drug database market and not only required that Hearst give up Medi-Span but forced the company to disgorge $19 million in profits generated from the acquisition.
Hearst spokesperson Paul Luthringer directed us to a bare-bones statement when the Guardian called with questions about the Boston suit. “The allegations made in these actions have raised concerns with respect to the integrity of the pricing information that is provided to First DataBank for purposes of publishing [the average wholesale price],” the release states. “In light of these concerns, First DataBank has determined to make certain changes in its drug pricing reporting practices.”
Climbing drug costs can’t be attributed mainly to First DataBank or McKesson, of course. In fact, recent investigations and civil suits spearheaded to find out why prices have skyrocketed have focused on the manufacturers. During those inquiries First DataBank has been hit with dozens of subpoenas nationwide requesting company records and testimony, according to San Mateo Superior Court records. Many of those cases are still ongoing.
Attorneys for the plaintiffs in Boston who made McKesson and First DataBank defendants in the summer of 2005 declined to comment. McKesson also has remained tight-lipped since the Journal story was published. Spokesperson James Larkin said the company would not answer questions beyond a prepared statement.
“If First DataBank decided to survey McKesson only, it did so without telling McKesson,” the statement reads. “In fact, First DataBank has affirmed in an earlier lawsuit involving other parties that it never told McKesson that at times McKesson was the only wholesaler being surveyed.” SFBG
Here are links to key documents, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

The first 40

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› bruce@sfbg.com
On Oct. 27, l966, my wife, Jean Dibble, and I and some journalist and literary friends published the first issue of the first alternative paper in the country that was designed expressly to compete with the local monopoly daily combine and offer an alternative voice for an urban community.
We called it the San Francisco Bay Guardian, named after the liberal Manchester Guardian of England, and declared in our statement of intent that the Guardian would be a new model for a big-city paper: we would be independent and locally owned and edited, and we would be alternative to and competitive with the San Francisco Examiner and San Francisco Chronicle, which were published under a joint operating agreement that allowed them to fix prices, pool profits, share markets, and avoid competition.
We stated that “the Guardian is proposed, not as a substitute for the daily press, but as a supplement that can do much that the San Francisco and suburban dailies, with their single ownership, visceral appeal and parochial stance, cannot and will not do.” And we played off the name Guardian by stating that we would be “liberal in assessing the present and past (supporting regional government, nuclear weapons control, welfare legislation, rapid transit, tax reform, consumer protection, planning, judicial review, de-escalation and a promptly negotiated settlement in Vietnam.)” But the Guardian would also be “conservative in preserving tradition (civil liberties and minority rights, natural resources, watersheds, our bay, our hills, our air and water).”
It was rather naive to challenge the Ex-Chron JOA with little more than a good idea and not much money and a wing and a prayer. We had almost no idea of what we were getting into in San Francisco, a venue that Warren Hinckle of Ramparts and many other defunct publications would later describe as the Bermuda Triangle of publishing. But we had, I suppose, the key ingredient of the entrepreneur — the power of ignorance and not knowing any better — and somehow thought that if we could just get a good paper going, the time being l966 and the place being San Francisco and the world being full of possibilities, we would make it, come hell or high water.
Well, after going through hell and high water and endless soap operas for four decades, Jean and I and the hundreds of people who have worked for the Guardian through the years have helped realize the paper’s original vision and created something quite extraordinary: an influential new form of independent alternative journalism that works in the marketplace and provides what little real competition there is to the monopoly dailies. And let me emphasize, the alternatives do not require government-sanctioned JOA monopolies and endless chains and clusters of dailies and the other monopolizing devices that dailies claim they need to survive.
Today I am delighted to report that there are alternative papers competing effectively with their local chains throughout the Bay Area (seven, more than any other region), throughout the state from Chico to San Diego (22, more than any other state), and throughout the nation (126 in 42 states, with a total circulation of 7.5 million, and more coming all the time). There are even cities with two and three competing alternatives, and there are cities where the monopoly daily is forced by the real alternatives to create faux alternatives to try to compete (it doesn’t work). And alas, there is now a Village Voice–New Times chain of 17 papers in major markets, including San Francisco and the East Bay, that is abandoning its alternative roots and moving to ape its daily brethren.
Jean and I met at the University of Nebraska at Lincoln in 1957. Two friends and I were driving around Lincoln one fine spring day, drinking gin and tonics, which were drawn from a tub of gin and tonic that we had mixed up and stashed in the trunk of our car. We happened upon Jean and her younger sister, Catherine, who had come from a Theta sorority function and were standing on a street corner waiting for their mother to pick them up and take them to the Dibble family home in nearby Bennet (population: 412). We stopped, convinced them to ride with us, and got them safely home. They declined our offer of gin and tonics, as did their astonished parents and grandmother when we arrived at the Dibble house.
Jean and I made a good team. We both had small-town Midwestern values and roots in family-owned small-business. Her father owned lumberyards in small towns in southeast Nebraska. Her maternal grandfather founded banks in Kansas and Nebraska and was the state-appointed receiver for failed banks in Kansas during the Depression. Her paternal grandfather owned a grocery store in Topeka, Kan. Jean had the business background and the ability to create a solid start-up plan — she was a graduate of the Harvard-Radcliffe Program in Business Administration and had worked in San Francisco for Matson Navigation as well as Hansell Associates, a personnel firm.
I was the son and grandson of pioneering pharmacists in Rock Rapids, Iowa. (Population: 2,800. Slogan: “Brugmann’s Drugs. Where drugs and gold are fairly sold. Since l902.”) I had the newspaper background, starting at age l2 writing for my hometown Lyon County Reporter (under the third-generation Paul Smith family); going on to the campus paper (which we called the Rag) and then the Lincoln Star (under liberal city editor “Sterl” Earl Dyer and liberal editor Jimmy Lawrence); getting a master’s degree in journalism at Columbia University in New York City; and then working at Stars and Stripes in Korea (dateline: Yongdongpo), the Milwaukee Journal (where I got splendid professional training at one of the top 10 daily papers in the country), and the Redwood City Tribune (where I plowed into some of the juicy Peninsula scandals of the mid-l960s in bay fill, dirt hauling, and the classic Pacific Gas and Electric Co.–Stanford University Linear Accelerator battle). To those who ask how Jean and I have worked together for 40 years, I just say we have complementary abilities: she handles the bank, and I handle PG&E.
Not only did I find my partner at the University of Nebraska, but I also got the inspiration for the Guardian. In fact, I can remember the precise moment of truth that illuminated for me the value of an alternative paper in a city with a monopoly daily press (then, in Lincoln, a JOA between the afternoon Lincoln Journal and the morning Lincoln Star) that was tied into the local power structure, then known as the O Street gang (the local business owners along the downtown thoroughfare O Street). The O Street gang was so quietly powerful that it once decided to fire the Nebraska football coach before anyone bothered to notify the chancellor.
As a liberal Rag editor in the spring of 1955, I had just put out an important front-page story on how one of the most controversial professors on campus, C. Clyde Mitchell, who had been under fire for years from the conservative Farm Bureau and others because of his liberal views on farm policy, was being quietly axed as chair of the agricultural economics department.
We had gotten the tip from one of Mitchell’s students and had confirmed it by talking to professors in his department who had attended the meeting where the quiet firing was announced by Mitchell’s dean. Our lead story was headlined “Ag Ex Chairman Mitchell said relieved of post, outside pressures termed cause.” And I wrote a “demand all the facts” editorial arguing in high tones that “any attempt to make professors fair game for irresponsible charges, any attempt by pressure groups unduly to influence the academic position of university personnel … is an abridgment of the spirit of academic freedom and those principles of free communication protected by the Constitution and the Bill of Rights.” It was a bombshell.
The Lincoln Journal fired back immediately with a classic daily front-page story seeking to “scotch” the nasty rumors started by that pesky Rag on the campus. The story had all the usual recognizable elements: it did not independently investigate, did not quote our story properly, did not call us for comment, took the handout denial from the university public relations office, and put it out without blushing. Bang, that was to be the end of it, on to the next press release from the university.
It made me mad. I knew our story was right, the daily story was wrong, and the story was important and needed to be pursued. And so I stoked up a campaign for the rest of the semester that ultimately emboldened Mitchell to make formal charges that the university had violated his academic freedom. He gave us the scoop for two rousing final editions of the Rag. The proper academic committee investigated and upheld Mitchell but dragged the case out and waited until I graduated to release the report.
Against the power structure and against all odds, Mitchell, the Rag, and I had won the day and an important victory on behalf of academic freedom in a conservative university in a conservative state during the McCarthy era. During this battle I learned how the power structure fights back against aggressive editors. At the height of my campaign defending Mitchell, I was kept out of the Innocents Society, the senior men’s honorary society, although my four subeditors and managers all made it in. The blackball, the campus rumor went, came directly from the regents president, J. Leroy Welch, then president of the Omaha Grain Exchange (known to our readers as the “Old Grain Head”), via the chancellor via the dean of men.
I am forever indebted to them. They taught me at an impressionable age about the power of the alternative press and why it is best exercised by an independent paper on major power structure issues. They also taught me a lot about press freedom, which they were trying to grab from the Rag and me, and how we had to fight back publicly and with gusto.
When Jean and I founded the Guardian, we did so in the spirit of my old Rag campaigns. In fact, we borrowed the line from the old Chicago Times and put it on our masthead: “It is a newspaper’s duty to print the news and raise hell.” We wanted a paper that would be willing and able to do serious watchdog reporting and take on and pursue the big stories and issues that the monopoly dailies ignored — and then were ignored by the radio, television, and mainstream media that take their news and policy cues from the Ex and Chron. In JOA San Francisco that was a lot of stories, from the PG&E Raker Act scandal to the Manhattanization of the city to the theft of the Presidio to the steady conservative downtown drumbeat on such key issues as taxes, social justice, the homeless, privatization, war and peace, and endorsements.
Significantly, because of our independent position and credibility, we were able to lead tough campaigns on public power, kicking PG&E out of a corrupted City Hall and putting a blast of sunlight on local government with the nation’s first and best Sunshine Ordinance and Sunshine Task Force.
Our first big target in our prototype issue was the Ex-Chron JOA agreement, which we portrayed in an editorial cartoon as two gigantic ostrich heads coming out of a single ostrich body, marked in the belly with a huge dollar sign. Our editorial laid out the argument that we have used ever since in covering the local monopoly and in positioning the Guardian as the independent alternative. “What the public now has in San Francisco, as it does in all 55 or so of 1,461 cities with dailies, is a privately owned utility that is constitutionally exempt from public regulation, which would violate freedom of the press. This is bad for the newspaper business and bad for San Francisco.”
The Guardian prospectus, used to raise money for the paper, bravely put forth our position: “A good metropolitan weekly, starting small but speaking with integrity, can soon have influence in inverse proportion to its size. There is nothing stronger in journalism than the force of a good example.”
It concluded, “The Guardian can succeed, despite the galloping contraction of the press in San Francisco, because there are many of us who feel that the newspaper business is a trade worth fighting for. That is what this newspaper is all about.” And we quoted the famous phrase used by Ralph Ingersoll in the prospectus for his famous PM newspaper in New York: “We are against people who push other people around.”
Our journalistic points were embarrassingly timely. A year before the Guardian was launched, Hearst and the Chronicle had formed the JOA with the Examiner and killed daily newspaper competition in San Francisco. The two papers combined all their business operations — one sales force sold ads for both, one print crew handled both editions, one distribution crew handled subscriptions and got both papers out on the streets. The newsrooms were supposedly separate — but as we pointed out over and over at the time and ever after, the papers lacked any economic incentive to compete.
The San Francisco JOA became the largest and most powerful agreement of its kind in the country, and San Francisco was the only top-10 market in the country without daily competition.
This was all grist for the Guardian editorial mills because the JOAs, most notably the recent SF JOA, were in serious legal trouble. The US attorney general was successfully prosecuting a JOA in Tucson, Ariz., claiming the arrangement was a violation of antitrust laws. Naturally, the local papers were blacking out the story. But if the Tucson deal was found to be illegal, the Chron and Ex merger would be illegal too — and the hundreds of millions of dollars the papers were making off the arrangement would be gone.
The JOA publishers, led by Hearst and the Chronicle, quietly started a major lobbying campaign in Washington for emergency passage of a federal law that would retroactively legalize their illegal JOAs. They called it the Newspaper Preservation Act. Meanwhile, the late Al Kihn, a former camera operator for KRON-TV (which was at the time owned by the Chronicle), had prompted the Federal Communications Commission to hold hearings on whether the station’s license should be renewed. His complaint: his former employer was slanting the news on behalf of its corporate interests. We pounced on these stories with relish.
For example, in our May 22, 1969, story “The Dicks from Superchron,” we disclosed how private detectives under hire by the Chronicle were probing Kihn’s private life and seeking to gather adverse information about him to discredit his complaint and to “harass and intimidate him,” as we put it. Later, I found that the Chronicle-KRON had also hired private detectives to get adverse information on me.
I was a suspicious character, I guess, because I had gone to the KRON building to check the station’s public FCC file on the Kihn complaints, the first journalist ever to do so. The way the story came out at a later hearing was that the station’s deputy director left the room as I was going through the records and called Cooper White and Cooper, then the Chronicle’s law firm. An attorney called their investigators, and four cars of detectives were pulled off other jobs and ordered to circle the building until I came out and then follow me when I left the station to return to my South of Market office. They also surveilled me for several months and even sent a detective into the office posing as a freelance writer. (The head of the detective agency and I later became friends, and he volunteered that I was “clean.” He gave me a pillow with a large eye on it that said “You are being watched.” I displayed it proudly in my office.)
Kihn and I were asked to testify before a Senate committee about the Chronicle-KRON’s use of private detectives at hearings on the Newspaper Preservation Act in Washington in June 1969. I took the occasion to call the legislation “the bill for millionaire crybaby publishers.”
I detailed the subsidies in their special interest legislation: “amnesty, immunity from prosecution, monopoly in perpetuity, the legal right to gun down what few competitors remain, and as the maraschino cherry atop this double-decker sundae, anointment as the preservers and saviors of the newspaper business.” And I summed up, “If you plant a flower on University of California property or loose an expletive on Vietnam, the cops are out of the chutes like broncos. But if you are a big publisher and you violate antitrust laws for years and you emasculate your competition with predatory practices and you drive hundreds of newspapers out of business, then you are treated as one of nature’s noble men. And senators will rise like doves on the floor of the US Senate to proffer billion-dollar subsidies.”
After I finished, Sen. Everett Dirksen (R-Illinois) rose as the first dove and characterized my testimony as “quite a dramatic recital” but said that I had not provided a “workable, feasible solution.” Sen. Philip Hart (D-Michigan) recommended that the publishers ought to “read their own editorials and relate them to their business practices.” Morton Mintz, who covered the hearing for the Washington Post, came up and congratulated me. His story, with my picture and much of my testimony, was on the front page of the Post the next day.
Back in San Francisco the Chronicle published a misleading short story in which publisher Charles de Young Thieriot avoided admitting or denying the detective charge and added he had no further comment. Less than a week later, Thieriot wrote the Senate subcommittee and admitted to the charge, saying the use of the detectives was “entirely reasonable and proper.” This statement, which contradicted his statement in his own paper, was not reported in the Chronicle. The “competing” Examiner also reported nothing — neither the original private detective story nor the Washington testimony nor the Thieriot admission.
Nor did either paper report anything about the intensive JOA lobbying campaign headed by Hearst president Richard Berlin, who twice wrote letters to President Richard Nixon threatening the withdrawal of JOA endorsements in the l972 presidential election if he refused to sign the final bill. This episode illustrated in 96-point Tempo Bold the pattern of Ex and Chron suppression and obfuscation they used to advance their corporate agenda at the expense of the public interest and good journalism, all through the years and up to Hearst’s current monopoly maneuvers with Dean Singleton and the Clint Reilly antitrust suit to stop them.
Perhaps the most telling incident came when Nicholas von Hoffman, in his Washington Post column that was regularly run in the Chronicle, called the publishers “as scurvy as the special interests they love to denounce.” He singled out the Examiner and Chronicle publishers, writing that they were “so bad that the best and most reliable periodical in the city is the Bay Guardian, a monthly put out by one man and a bunch of volunteer helpers.” Neither paper would run the column, and neither paper would publish it as an ad, even when we offered cash up front. “The publisher has the right to refuse to run anything he wants, and he doesn’t have to give a reason,” the JOA ad rep told us. The Guardian of course gleefully ran the censored column and the censored ad in our own full-page ad.
On July 25, l970, the day after Nixon signed the Newspaper Preservation Act, the Guardian filed a major antitrust action in San Francisco attacking the constitutionality of the legislation and charging that the Ex-Chron JOA had taken the lion’s share of local print advertising, leaving only crumbs for other print publications in town. We battled on for five years but finally settled because the suit became too expensive. The Examiner and Chronicle continued to black out or marginalize the story, but they and the other JOA papers gave Nixon resounding endorsements in the l972 election even though he was heading toward Watergate and unprecedented disgrace.
Well, in October 2006 the mainstream press is a different creature. Hearst and publisher Dean Singleton are working to destroy daily competition and impose a regional monopoly. The Knight-Ridder chain is no more, and the McClatchy chain has turned the KR remains into what I call Galloping Conglomerati. Even some alternatives, alas, are now getting chained. Craigslist has become a toxic chain. Google, Yahoo!, and Microsoft (known as GYM in the online world) are poised to swoop in on San Francisco and other cities throughout the land to scoop up the local advertising dollars and ship them as fast as possible back to corporate headquarters on a conveyor belt.
I am happy to report on our 40th anniversary that the Guardian is aware of the challenge and is gearing up in the paper and online to compete and endure till the end of time, printing the news and raising hell and forcing the daily papers to scotch the rumors coming from our power structure exposés and our watchdog reporting. The future is still with us and with our special community and critical mission, in print and online. See you next year and for 40 more. SFBG
STOP THE PRESSES: As G.W. Schulz discloses in “A Tough Pill to Swallow,” (a) Hearst Corp. was fined $4 million in 200l by the Justice Department for failing to turn over key documents during its monopoly move to purchase a medical publishing subsidiary, the highest premerger antitrust fine in US history, according to a Justice Department press release; (b) Hearst was also forced by the the Federal Trade Commission to unload the subsidiary to break up its monopoly and disgorge $l9 million in profits generated during its ownership; (c) Hearst-owned First DataBank in San Bruno was alleged in the summer of 2005 to have inflated drug costs by upward of $7 billion by wrongly presenting drug prices, according to a lawsuit reported in a damning lead story in the Oct. 6 Wall Street Journal. Hearst blacked out the stories. And the Dean Singleton chain circling the Bay Area hasn’t pounced on the stories as real daily competitors used to do with fervor.
STOP THE PRESSES 2: SOS alert to the city and business desks of the “competing” Hearst and Singleton papers: here are the links to the key documents cited in our stories, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

Or you can read the Guardian each week in print or online.

Politics, beauty, and hope in the Guardian’s arts pages


Forty years of fighting urbicide — and promoting a very different vision of a city

The Guardian turns 40: some things never change

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As we were working away on our 40th anniversary issue, we got a new lead from an unusual venue on a 40-year-old Guardian story: Hearst was once again blacking out major stories to protect its corporate interests. And this time, the Hearst blackout was helping bolster a key point in the Clint Reilly/Joe Alioto antitrust suit aimed at breaking up the emerging Hearst/Media News Group/Dean Singleton conglomerate that would put a hammerlock on the Bay Area newspaper business.

The key point: that the Hearst/Chronicle and the Singleton papers that now ring the Bay aren’t competing, as the two publishers loudly claim, and they aren’t going to as long as there is an economic/financial umbilical cord tying them together. To explain:

The Wall Street Journal reported in a lead front page story on Oct. 6th that two Bay Area companies, Hearst and McKesson Corporation, were accused in a major federal case in Boston of inflating the cost of prescription drugs by an estimated $7 billion. The Journal reported that a Hearst subsidiary, a drug data publishing company called First DataBank, in San Bruno, had reached a settlement with a group of unions in Massachusetts and Pennsylvania over how the company gathered and presented prices in the pharmaceutical catalog it has published for years. First DataBank/Hearst price listings play an enormous role in determining what Americans pay for medications.

As G. W. Schulz makes clear in his Guardian story, “A tough pill to swallow, how a drug data publisher owned by media giant Hearst inflated the cost of medicine,” this is a major story for anybody anywhere who is agitated over the ever escalating price of prescription drugs. Moreover, it was a major local story because it involved two big San Francisco companies and a third company just down the Peninsula in San Bruno. Still more: when George started checking out the story, he found that there were more Hearst clinkers: Hearst was fined $4 million in 200l, the highest pre-merger antitrust fine in U.S. history according to Justice, for failing to turn over key documents during its monopoly move to purchase a medical publishing subsidiary. Hearst was also forced by the Federal Trade Commission to unload the subsidiary to break up its monopoly and disgorge $l9 million in profits generated during its ownership. Hot stuff. And particularly so since Justice and the AG claim to be closely investigating the terms of the Hearst/Singleton monopoly arrangement. Yet Hearst blacked out the stories-and the Singleton papers are not as yet pursuing the stories with the vigor of real competitive papers.

So the questions pop up: Will Justice and the California AG, given the recent Hearst transgressions, bear down harder on a Hearst deal aimed at destroying daily competition and imposing regional monopoly in the Bay Area? Will they disclose the documents and the results of their investigations? Questions to Hearst corporate in New York and Singleton corporate in Denver: Why didn’t you allow your city desks and business desks to cover this major local story involving prescription costs that affect most everybody? Will you now? If not, why not? Or do you want people to read the story only in the local independent alternative paper? B3

SFBG stories:
A tough pill to swallow by G.W. Schulz
The first 40 by Bruce B. Brugmann

CLUBS: “I’m famous, bitches — at BOOTIE!”

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Club BOOTIE is a San Francisco club treasure — as our fabulous young intern Justin Juul was to find out last weekend. Read below of his wondrous adventures with the queens of monthly mash-up nightlife — even if he didn’t cross-dress like I told him to. Hmph. — Marke B.

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What Justin didn’t wear

I have danced exactly five times in my life. Once, at a rave in Los Angeles, the designer drugs took control of my body and simply refused to let go. I cut a goddamn rug that night, dancing for hours, oblivious to dirty glances from the jungle-kid/breakers on a mission to ridicule those with comparatively bad moves. The other time was at a rave in the Inland Empire when my illegal substance cocktail made it impossible for me to sit still. I climbed up on a speaker and shook myself rotten for six hours straight. It was glorious. Then there was that other time at an outdoor rave in the high desert when… you get the picture.

Gavin’s girlfriend

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By Steven T. Jones
Mayor Gavin Newsom is now dating someone almost half his age: Brittanie Mountz, a model and restaurant hostess who recently turned 20 years old. And you can catch her in action thanks to some video that the Chronicle shot are last month’s opening of the San Francisco Symphony. Warning: the must-see part when she and the Gav talk to the cameras comes toward the end, so you’ll need to sit through some seriously nauseating high-society BS first (particularly creme-de-la-gag Dede Wilsey…ick). Even Newsom mocks the ostentation of the event before handing the mike over to his new sweetie, who sounds like…
Actually, you can just judge for yourself.

FRIDAY

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Event

“Crime and Consequences”

Get inside the criminal mind for an evening with these devilishly deviant and devastatingly raw true-life accounts that are like crime scene photos in memoir form. “Crime and Consequences” is a gritty literary event that examines the dark world of crime and its effects as seen from perspectives varying from perpetrator to prey. This reading includes appearances by ex–SFPD Police Chief Prentice Earl Sanders and Bennett Cohen, coauthors of The Zebra Murders: A Season of Killing, Racial Madness, and Civil Rights; and Rachel Howard, author of The Lost Night, a chronicle of her father’s unsolved murder. (Hayley Elisabeth Kaufman)

6:30 p.m.
Hemlock Tavern
1131 Polk, SF
Free
(415) 923-0923
www.hemlocktavern.com

Music

Hank IV

Got a hankering for the bad ole days of walking, talking, pill-popping hillbilly proto-rockers? Or the wicked nights of their football-fried offspring and hard-bitten, mulleted grandkids? Sure you do. That’s why you’ve got to get down with Hank IV, San Francisco’s self-proclaimed bastard sons to the sticky throne of pop dissolution, motor oil headaches, garage rock heartbreak, and ear-bleed cacophony. This supergrope, comprising ex-members of Icky Boyfriends and Bum-Kon, has finally issued an initial, tasty slice of vinyl, Third Person Shooter (Hook or Crook). (Kimberly Chun)

With TITS, Nate Denver’s Neck, the Mantles, and Shellshag
9 p.m.
Elbo Room
647 Valencia, SF
$7
(415) 522-7788
www.elbo.com

Also Oct. 22, 2 p.m.
Amoeba Music
1855 Haight, SF
Free
(415) 831-1200