Tom Ammiano

Some wins, some losses in Sacto

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The state Assembly and Senate passed the usual flurry of bills on May 31, the last day for initial-house approval, with some unusual drama that temporarily sidelined a medical-marijuana bill by Assemblymember Tom Ammiano.

By the time it was all over, several other Ammiano bills passed, a measure by Assemblymember Phil Ting to ease the way for a Warriors arena on the waterfront won approval, and state Sen. Mark Leno got most of his major legislation through.

The pot bill, AB 473, would have established a state regulatory framework for medical cannabis, something that most advocates and providers support. Still, because the subject is marijuana, it was no easy sell and at first, a lot of members, both Republicans and Democrats, expressed concern that the measure might restrict the ability of local government to ban or limit dispensaries.

Ammiano, in presenting the bill, made it clear that it had no impact on local control, and that was enough to get 38 votes. Typically, when a bill is that close to passage, the chair asks the sponsor if he or she wants to “hold the call” that is, freeze the vote for a few minutes so supporters can make sure all of their allies are actually on the floor and voting and to try, if necessary, to round up a couple of wobblers.

In this case, though, Speaker Pro Tem Nora Campos, of San Jose, simply gaveled the vote to a close while Ammiano was scrambling to get her to hold it. “That’s very unusual, not good behavior,” one Sacramento insider told me.

Ammiano was more respectful toward Campos, simply calling it a “procedural mistake.” He told us he would be looking for other ways to move the bill. “The door is never fully closed up here,” he said.

However that turns out, the veteran Assemblymember, now in his final term, won a resounding victory with the passage of his Domestic Workers Bill of Rights, AB 241. The bill would give domestic workers some of the same labor rights as other employees, including the right to overtime pay and breaks. “These workers, who are mostly women, keep our households running smoothly, care for our children, and enable people with disabilities to live at home and remain engaged in our communities,” Ammiano said. “Why shouldn’t they have overtime protections like the average barista or gas station attendant?”

An Ammiano bill restricting the ability of prosecutors to use condom possession as evidence in prostitution cases also cleared, as did a bill tightening safety rules on firearms.

Ting’s bill, AB 1273, would allow the state Legislature, not the Bay Conservation and Development Commission, to make a key finding on whether the new area is appropriate for the shoreline. Mayor Ed Lee and the Warriors strongly backed the measure, clearly believing it would make the path to development easier. Ammiano voted against it showing that the San Francisco delegation is by no means unanimous on this issue.

Leno had a string of significant victories. A bill called the Disclose Act, which would mandate that all campaign ads reveal, in large, readable type, who is actually paying for them, cleared with the precise two-thirds majority needed and it was a straight party-line vote. Every single Republican was in opposition. “They know that if their ads say “paid for by Chevron and PG&E, the won’t work as well,” Leno told us.

He also won approval for a bill that would ease the way for people wrongfully imprisoned for crimes they didn’t commit to receive the modest $100 a day payment the state theoretically owes them. There are 132 people cleared of crimes and released from prison, but the process of applying for the payment is currently so onerous that only 11 have actually gotten a penny. “We victimized these people, and we shouldn’t make them prove their innocence twice,” Leno said.

Bills to better monitor price manipulation by oil companies and to expand the trauma recovery program pioneered by San Francisco General Hospital also cleared the Senate floor.

But Leno had a disappointing loss, too: A bill that would have helped tenants collect on security deposits that landlords wrongfully withheld died with only 12 vote a sign of how powerful the real-estate industry remains in Sacramento.

 

Pot, domestic worker bills win approval

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Two bills that we’ve been following, one to regulate medical marijuana and the other to give domestic workers some basic rights, won approval from a key state Assembly committee and are headed for the Assembly floor.

Assemblymember Tom Ammiano’s AB 473, which would create a division under the Department of Alcoholic Beverage Control to write statewide regs for dispensaries, cleared the Appropriations Committee (where many good bills go to die) May 24. It’s a big step: For years, most of official Sacramento was afraid even to talk about the devil weed, much less take action on something that might look like a sign of approval. Now that the biggest problem with medical marijuana is zoning (and federal crackdowns) — and frankly, California is only a couple of years away from following Colorado and legalizing pot anyway — it makes sense to have a framework in place to ensure quality control, register dispensaries … and maybe convince the feds to back down.

The Domestic Workers Bill of Rights, AB 241, would require people to treat household workers with the same respect and the same types of benefits as most other workers. It would mandate work breaks, sleep breaks, overtime … pretty basic stuff. But the guv, for reasons known only to him, vetoed it last time around. Perhaps he’ll come to his senses.

The bills will probably make it to the Assembly floor next week.

 

Democrats reject 8 Washington

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The San Francisco Democratic Party has voted to oppose the 8 Washington project and to endorse the ballot measure that would halt it.

By a 15-4 margin, the Democratic County Central Commitee, which makes policy for the local party, endorsed a No vote on the fall referendum that would negate the height limit increase developer Simon Snellgrove says he needs to build the ultra-luxury condos. The units would be the most expensive in San Francisco history.

The supervisors approved the height limit last fall. The referendum puts the issue directly before the voters, and foes of the project need a “no” vote to reject it.

“This was a huge victory,” Jon Golinger, who is running the campaign against the condos, told me. “The Democratic Party is a huge endorsement in San Francisco.”

That’s particularly true in a low-turnout election — and since there aren’t any high-profile races on this November’s ballot, I would guess only the most serious voters will make it to the polls.

The Sierra Club — another group that carries a lot of clout — has already come out against the project.

Snellgrove’s forces first tried to delay the vote until late summer, arguing that the committee needed more time to get all the facts. But Sup. David Chiu, a DCCC member, noted that this project has been discussed and analyzed and fought over for so long already that there’s nothing new anyone could possibly learn by delaying.

The motion to delay failed. Only Bevan Dufty, Sup. Scott Wiener, Sup. Malia Cohen and Kat Anderson voted in favor of the project. Voting against were Bill Fazio, Trevor McNeil, Kelly Dwyer, Leah Pimentel, Hene Kelly, Alix Rosenthal, Carole Migden, Rafael Mandelman, Matt Dorsey, Petra DeJesus, Assemblymember Tom Ammiano, State Senator Leland Yee, Chiu, Sup. David Campos, and Sup. John Avalos.

 

Is Larkin Street Youth Services using public funds to fight a union organizing drive?

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Larkin Street Youth Services does great and important social work with homeless youth in San Francisco, for which it receives generous support from city taxpayers, as well as federal grants. That’s why its employees and some prominent local officials are questioning the organization’s aggressive, deceptive, and anti-union resistance to the request by a majority of its 88 employees to be represented by Service Employees International Union Local 1021.

A majority of employees submitted an organizing petition on April 8, asking LSYS Executive Director Sherilyn Adams to honor the request and recognize card check neutrality, as other local city-supported nonprofits have done, such as Tenderloin Housing Clinic. But SEIU organizer Peter Masiak said Adams refused to even discuss it, leading the National Labor Relations Board to set a mail-in ballot election that begins May 21.

“That was two months she was able to buy by forcing this election,” he told us.

Adams and LSYS management have used that time to try to undermine the organizing effort with staff meetings and mailers that criticize SEIU in particular and the labor movement in general, using misleading scare tactics about the costs of organizing.  

“In my view, if employees become represented by a union, our organization will be significantly impacted, and not for the better,” Adams wrote in an April 23 email to staff announcing the NLRB election. LSYS management has also posted flyers with inaccurate information on the costs of joining the union and dated information about a contentious contract impasse between Local 1021 and its workers that has [since been settled. CORRECTION: Local 1021 workers rejected that settlement, with negotiations scheduled to restart May 21].

“They have been engaged in an anti-union campaign and hired outside counsel to fight this,” Masiak told us, noting how inappropriate such actions are for an organization that gets the vast majority of its funding from government grants. “I think it’s a misuse of these funds.”

Some public officials agree, including Assembly member Tom Ammiano and Sup. John Avalos, who have written letters to LSYS criticizing the tactics and urging Adams to recognize the union.

“Their desire to have a voice on the job and develop professionally in a supportive environment should be celebrated by LSYS management,” Ammiano wrote to Adams on April 30, noting his long history of advocating for increased city funding of the organization. “Unions are an important voice for employees regarding salary, benefits, working conditions, and many other issues. I strongly encourage you to accept card check recognition, to remain neautral during your employees’ organizing efforts, and not to use public funds on anti-union attorneys or consultants, so that your employees may make their own decision on whether or not to form a union.”

Eva Kersey, who works in LSYS HIV-prevention programs and helped organize the union drive, said it was driven by concerns about low wages, poor benefits, and the belief that “we don’t have a meaningful voice in how our programs are run,” she told us.

Kersey said she was disappointed at how management has reacted to the organizing drive. “What was most surprising is the general lack of respect we’ve gotten as workers and an organizing committee,” Kersey said, citing belittling management statements about how employees were being manipulated by the desperate union. “We’ve put a lot of work into this and put ourselves out there in a lot of ways.”

But Kersey believes support for the union has only grown and that LSYS employees — who are used to cutting through the bullshit they hear from troubled teens — haven’t been swayed by the speeches, flyers, and emails from management.

“I don’t think they’re very effective. They’re pretty one-sided,” Kersey said.  

Adams did not return our calls for comment, but had LSYS spokesperson Nicole Garroutte respond by asking for questions in writing, and we provided a list raising the issues and concerns expressed in this article. She didn’t answer the questions directly but offered this prepared statement: “Thank you for your interest in Larkin Street and, in particular, the election process that is currently underway. Out of respect for all of our employees and to help ensure a fair and independent process, we will confine our response to reaffirming the high degree to which we value our staff and the faith that we have in their ability to make informed individual decisions regarding the election. We recognize that there are expected differences of opinions regarding the preferred labor-management model, but we are confident that we all share a mutual passion for our mission and, most importantly, for assisting to our fullest potential the vulnerable clients we serve. We would be happy to talk further after the election process is concluded.” 

Masiak said the ballots will be mailed out May 21, they must be returned by June 5, and they will counted June 6.

A boost for Ammiano’s pot bill

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Assemblymember Tom Ammiano’s bill to create state regulations for pot clubs just got a boost: Although I disagree with the Supreme Court decision allowing towns to ban the dispensaries, it’s kicked local governments into gear. Now mayors from around the state are asking the Legislature to weigh in and craft “sensible marijuana policies.”

It’s tricky: The Department of Consumer Affairs, which might be the logical place for the regs, doesn’t want anything to do with pot, and Gov. Jerry Brown thinks we’re all too stoned to compete with China, so Ammiano’s looking to the Department of Alcoholic Beverage Control to create a new marijuana division. Logically, that makes sense, and it’s what Colorado is doing. Practically, a lot of people don’t like the ABC, but that’s a factor of bad agency leadership and poor priorities. It’s not a structural problem. If we’re ultimately going to legalize pot altogether, and we are at some point soon, then it makes sense to have regs in place — or at least a system for regs in place — that can give cities and counties direction.

And it might help a little with the Reigning Asshole of Prohibition, Melinda Haag.

I suspect this will make it to the governor’s desk. I hope he comprehends that we aren’t going to compete with China if we can’t even solve a simple regulatory problem.

Also: Ammiano’s bill to protect transgender students made it off the Assembly floor.

More SF restaurants settle with the city over fraudulent employee health surcharges

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City Attorney Dennis Herrera today announced another batch of settlements with restaurants that have been fraudulently using surcharges on customers’ bills to cover their city-required employee health coverage and using some of that money to simply pad their profits.

Seventeen San Francisco restaurants that took advantage of Herrera’s partial amnesty offer — settlements are half of what the violators should owe, based on voluntarily submitting records by last month’s deadline — will be paying tens of thousands of dollars each to the employees’ they ostensibly collected the money for, joining two other restaurants that had settled with the city earlier this year.

Among this latest batch of restaurants is Burgermeister, whose $134,088 settlement is the largest of this group; and Burma Superstar, whose $10,045 is the smallest. Other restaurants paying up as part of the settlement are 5A5 Steak Lounge, Amber India, B Star, Bix, Cafe Bellini, Calibri Mexican Bistro, Citizen’s Band, Cafe Flore, Fresca, MarketBar, Nob Hill Café, Press Club, Skool, Tony’s Pizza Napoletana, and Venticello Ristorante.

In total, Herrera’s office has recovered about $844,000 that will be split among about 1,500 employees.

Another dozen restaurants suspected of misusing the surcharges were given a clean bill of health: Bluestem Brasserie, Cafe Claude, Cupola Pizzeria, Firefly Restaurant, Gitane Restaurant and Bar, Lark Creek Management LLC, Lark Creek Steak, NOPA, One Market Restaurant, Plant Cafe, Ristobar, and Twenty Five Lusk.

There are still more than 30 restaurants that responded to the amnesty offer that remain in negotiates with Deputy City Attorney Sara Eisenberg, with more settlements expected in the coming weeks and the possibility of lawsuits being filed against restaurants that won’t settle.  

The full press release follows:

 

 

Restaurant workers net $844K restitution in 19 surcharge enforcement settlements so far

Herrera praises good faith efforts by restaurants ‘to do right by their employees’; announces ‘clean bills of health’ for 12 other establishments targeted in investigation

SAN FRANCISCO (May 8, 2014) — City Attorney Dennis Herrera today announced settlement agreements with 18 local restaurant businesses that voluntarily took part in his office’s surcharge enforcement and amnesty program, which seeks to remedy shortfalls between amounts collected from customers to cover the cost of complying with San Francisco’s universal healthcare law, and funds actually expended to provide health care benefits to employees.  Together with an earlier settlement announced in January, Herrera’s restaurant surcharge enforcement effort has now netted a total $844,644 to be distributed among approximately 1,500 eligible employees by 19 different companies.

The program announced in January included a one-time 50 percent amnesty offer for establishments with significant shortfalls — provided they fully cooperate with city investigators; agree to good faith compliance with the employer spending requirement of San Francisco’s Health Care Security Ordinance moving forward; and directly compensate their current and former employees who were the intended beneficiaries of the surcharges paid by customers.  All agreements announced today resolve potential disputes with the City over collected surcharges without admissions of liability.  

“I commend these businesses for working cooperatively with us so early in the process, and for understanding our duty to enforce the law even-handedly,” said Herrera.  “Today’s settlements reflect good faith efforts by restaurant owners and managers to do right by their employees, and to honor the intent of fees charged to their customers.  I recognize that complying with groundbreaking programs like Healthy San Francisco can sometimes present new and unique challenges.  So, I’m grateful to these businesses for their cooperation in reaching settlement agreements with us.  I’m glad to continue patronizing these establishments, and I hope other San Franciscans and visitors will join me in doing so, too.”

Some of the 19 establishments that reached settlements under the program include: 5A5 Steak Lounge, Amber India, B Star, Bix, Bugermeister, Burma Superstar, Cafe Bellini, Cafe Flore, MarketBar, Mina Group, Nob Hill Cafe, Patxi’s Chicago Pizza (announced in January), Press Club, Skool, and Tony’s Pizza Napoletana.

Twelve establishments receive ‘Clean Bills of Health’ following investigation
Herrera also announced that 12 businesses targeted for investigation on the basis of the health care expenditure shortfalls they reported to San Francisco’s Office of Labor Standards Enforcement had received “clean bills of health.”  Recipients of such letters were informed by Herrera’s office that after extensive review of additional evidence provided in the course of the City Attorney’s investigation, surcharge-related consumer fraud did not appear to have been committed during the relevant time periods.  In most instances, shortfalls reported to OLSE by businesses that received “clean bills of health” were attributable to their inadvertent reporting or accounting errors.

Establishments so far issued “clean bills of health” are: Bluestem Brasserie, Cafe Claude, Cupola Pizzeria, Firefly Restaurant, Gitane Restaurant and Bar, Lark Creek Management LLC, Lark Creek Steak, NOPA, One Market Restaurant, Plant Cafe, Ristobar, and Twenty Five Lusk.

Surcharge Fraud Enforcement Program background
Herrera announced the program at a City Hall news conference on Jan. 25 with Assemblymember Tom Ammiano, Supervisors David Campos and David Chiu, and representatives from San Francisco restaurants and the Office of Labor Standards Enforcement.  Ammiano first authored legislation in 2005 as a member of the Board of Supervisors that would ultimately lead to the City’s Health Care Security Ordinance, or HCSO, which passed in 2007 with policy input from then-Mayor Gavin Newsom.  Board President Chiu and Supervisor Campos have both been active in subsequent proposed amendments to strengthen and improve the law.  In launching the enforcement and amnesty program, Herrera lauded the Golden Gate Restaurant Association for working productively to share its helpful input, even after years of legal disputes over the law that ultimately ended in the U.S. Supreme Court.  

Status of enforcement efforts and investigation
In addition to the establishments involved with today’s announcement, more than 30 other businesses applied for Herrera’s amnesty program before the April 10, 2013 deadline.  The City Attorney’s Office expects a significant number of additional settlement agreements in the coming weeks, pending further analysis of surcharge funds that establishments collected and expended over the relevant time period.    

Herrera’s one-time offer of 50 percent amnesty has now expired, and the favorable settlement terms are no longer guaranteed to non-participating establishments with significant shortfalls between health care-related collections and expenditures.  Announcing his enforcement and amnesty program in January, Herrera said that restaurants and other businesses found to have committed HCSO-related surcharge fraud during the years 2009 to 2011 that failed to come forward before the deadline voluntarily would risk being sued for full restitution of the amount of surcharges collected during that period, together with potentially substantial penalties, costs and attorneys’ fees.  A small number of defiant, non-participating businesses remain under consideration by the City Attorney for further enforcement action or litigation.

“For restaurants that haven’t yet come forward, it’s still very much in their interest to do so voluntarily,” Herrera said.  “I can’t guarantee the same favorable terms reflected in today’s settlements, but cooperative engagement is better and more cost-effective than lawsuits.”  

Will SF’s new broadband infrastructure be controlled by the city or Google?

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Board President David Chiu is calling for San Francisco to add to its broadband fiber network every time a contractor or utility tears up a street, joining other cities in expanding high-speed Internet capacity. But will this new network be a municipal utility or corporate-controlled? An upcoming hearing he has called for could begin to answer that question.

“In the 21st century, cities need access to affordable, high-quality broadband to compete economically, just as access to water, electricity, roads or railways was critical in the 20th century,” Chiu said in a public statement. “We see other cities like Austin, Kansas City and Santa Clara making enormous strides.  My proposal will ensure that San Francisco does better in this area.”

But Austin and Kansas City have opted to take the easy path and let Google install and control the system, which raises a variety of questions and problems that are highlighted “Kansas City Gives it up for Google,” in the current issue of Harper’s Magazine, which looked at how KC is letting corporate interests trump the public interest.

“According to its contract, Kansas City must give Google access to its underground conduits, fiber, poles, rack space, nodes, buildings, facilities, and available land. It cannot charge the company for ‘access to or use of any city facilities . . . nor will it impose any permit and inspection fees.’ And what does the city get in return? It has no say in the pricing of Google’s services, nor can it ensure that Google will deliver fiber-optic service to all of the city’s residents. Google’s offices, meeting spaces, and showroom are provided free of charge, and the city pays the company’s electric bill. The mayor, moreover, is barred from commenting on Google’s activities without the express permission of Google,” the magazine writes.

Chiu is building his proposal from a report that then-Sup. Tom Ammiano commissioned years ago, calling for the city to build a network of fiber as it opens up the streets. Now, Chiu is trying to implement that idea with legislation and an upcoming hearing on the issue, but right now he’s agnostic on whether that network is owned by San Francisco or a corporation that it might contract with.

“My legislation doesn’t dictate who lays the fiber, it just ensures that it happens,” Chiu told the Guardian, although he did add that he’s “more intrigued that it could be the public sector.”   

The Harpers article discusses how public utilities have succeeded in delivering reliable, cost-effective services to millions of Americans since the 1930s when FDR began to use government to deliver electricity to rural areas that lacked it, drawing parallels to the 100 million Americans now who lack access to high-speed Internet service. But the federal government seems to be encouraging corporations to do the work this time, and they’re more than happy to oblige.

“Why does Google feel so at home in Kansas City—rather than in, say, California, where the company is based? Why not build their first citywide fiber-optic network in a nearby community? According to Google vice president Milo Medin, the company has preferred to steer clear of such pesky statutes as the California Environmental Quality Act. ‘Many fine California city proposals . . . were ultimately passed over in part because of the regulatory complexity here,’ Medin told a congressional committee in 2011. ‘In fact, part of the reason we selected Kansas City for the Google Fiber project was [that] the city’s leadership and utility moved with efficiency and creativity in working with us to craft a real partnership,’” the article says.

Yet with Google in charge, the company is only guaranteeing access to neighborhoods where a minimum number of residents pre-register and pay for premium service, redlining out many African-American neighborhoods and forcing community members to go door-to-door essentially selling Google’s services.

And in the end, the corporation will make gains even if it loses money on the project, as the article concludes: “So why would an Internet-search company want to spend a fortune to install fiber-optic cable in Kansas City, Missouri, and neighboring Kansas City, Kansas? Freedom from regulatory headaches is one part of the equation: if such networks are the wave of the future, the time to jump in is now, before legislative oversight can ruin the party. But another explanation might be the treasure trove of user-behavior information that such a network represents. Data of this kind is so prized that a company like Google can afford to give away other services for free, as long as this beneficence opens up new markets. In Kansas City, low-income subscribers to the company’s slower, ‘free’ Internet option will be giving Google details about each URL they visit, even if their accounts remain anonymous. And customers who plunk down $120 a month for the ‘Full Google Experience’ will have their television-viewing habits individually tracked by Google’s data-mining elves. Is this a reasonable bargain? For Kansas City, it’s too late to ask. But history—and the success of municipally owned fiber-optic projects throughout the country—strongly suggest that we should look this gift horse in the mouth.”

Food for thought as San Francisco contemplates whether it wants to build public infrastructure or simply facilitate more corporate infrastructure.

Scenes from the struggle for economic justice

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Hacking Oakland’s budget

Sporting trucker hats, nose rings, and in activist Shawn McDougal’s case, a white tee with “Revolutionary” printed across the front in simple black lettering, the young, energetic activists assembled at Sudo Room, an Oakland hacker space, come across as unlikely ballot-initiative proponents. Nevertheless, in a few short weeks, the all-volunteer Community Democracy Project crew intends to hit the pavement and begin collecting signatures for a measure to introduce “participatory budgeting” to Oakland city government.

Their objective is to set up a kind of direct democracy system for hashing out the city’s discretionary spending. The proposal would create a charter amendment and a new Oakland city department to reconfigure the politically contentious budget allocation process, by “shifting accountability in a way that more people are able to engage,” says organizer Sonya Rifkin.

The proposal envisions convening democratic “neighborhood assemblies,” each of which would represent roughly 4,000 Oaklanders. Any resident age 16 or older would be free to attend meetings and vote on NA proposals. The NA proposals would then be forwarded onto citywide committees and synthesized as proposals for the ballot, whereupon the electorate would have the final say.

For the Community Democracy Project organizers, who mostly became acquainted through Occupy Oakland, the radical concept is just as much about achieving equitable budget allocation as it is about stoking the embers of community building. To place it on Oakland’s city ballot, the ambitious campaigners hope to collect 40,000 signatures in the next six months.

It’s a tall order, yet the activists appear undaunted. It’s a movement, McDougal says, comprised of “regular people, realizing that they don’t have to be spectators. They can be participants.” (Rebecca Bowe)

Solidarity with Bangladeshi sweatshop workers

News of a Bangladesh factory collapse last week that killed hundreds of low-wage workers reached San Francisco just as labor organizers were preparing to rally for stronger safety measures in overseas sweatshops.

Last November, a fire broke out in the Tarzeen Fashions factory in Bangladesh, killing 112 employees who produced garments for Walmart and other retailers. Sumi Abedin, a 24-year-old garment worker who earned about $62 a month working 11-hour days, six days a week, survived the blaze.

Through a translator, Abedin told reporters, “We were trying to exit through the staircase, and then we saw a lot of burned bodies, injured bodies. And I jumped through a third floor window because I thought, instead of being burned alive, even if I die, my mother will get my body.”

Abedin was standing outside San Francisco’s Gap headquarters, flanked by Bay Area activists from Jobs with Justice, Unite HERE, Our Walmart, and others. They were there to call on the popular retailer to sign a fire-safety agreement to implement renovations, at an estimated cost of about 10 cents per garment. In a statement, Gap noted that it had implemented its own four-point plan “to improve fire safety at the selected factories that produce our products.”

Gap had no direct connection with the Tarzeen Fashions blaze that Abedin narrowly escaped. Yet Bangladesh Center for Worker Solidarity organizer Kalpona Akter explained that the campaign was targeting Gap because “they’re saying they have corporate social responsibility,” yet have refused to sign onto the worker-sanctioned, legally binding fire safety agreement endorsed by BCWS, which brands such as Tommy Hilfiger and German retailer Tchibo have committed to. “This is one appropriate thing Gap can do in this moment,” Akter said, “if they really wanted to prevent this death toll in other parts of the world.” (Bowe)

Making job-training programs actually work

The phrase “welfare” may conjure up the image of a couch potato catching up on daytime soaps while the checks roll in, but Karl Kramer of the San Francisco Living Wage Coalition says it’s simply not the case — some people are not only working to earn those meager checks, they’re faced with few options once their participation in such programs comes to an end.

In San Francisco, many recipients of public assistance are part of the local Community Jobs Program, designed to provide unemployed people with on-the-job experience to help them land on their feet after six months. In practice, however, “it’s not happening,” Kramer says. “They’re dead-end programs. People aren’t moving onto jobs, and at the end of the Community Jobs program, they’re cut off completely.”

Part of the problem is that few pathways exist to connect the workers with actual paid gigs once they’ve finished. So the Living Wage Coalition is pushing for legislation that would improve and expand upon the Community Jobs Program, by raising the wage rate from $11.03 to $12.43 per hour, giving participants the option of working 40 hours a week, extending the program from six months to one year to square with eligibility requirements for many job listings, and creating an advisory committee to facilitate entry-level job creation in city departments.

“There has not been political will to really make these programs successful,” Kramer notes. And in the meantime, “people don’t connect it with why there’s such a growth of homeless families” in San Francisco. (Bowe)

Basic rights for domestic workers

The California Domestic Workers Bill of Rights would apply basic federal labor protections (such as a minimum wage, the right to breaks, and basic workplace safety standards) to domestic workers. If it becomes law, credit will go in part to its author, Assemblymember Tom Ammiano, but also to the California Domestic Workers Coalition, which has been pushing the issue for years.

Supporters of the bill say it’s unconscionable that domestic workers — the people who care for our children and grandparents and tend our homes — are one of just two occupations exempt from the Fair Labor Standards Act of 1938, the other being farm workers (another profession with a well-documented history of labor abuses, and also one comprised largely of unpaid immigrants). “We need to have protections for the people who do really important work,” Katie Joaquin, campaign coordinator for the coalition, told the Guardian.

As we reported recently (“Do We Care?,” 3/26/13), Gov. Jerry Brown vetoed the measure last year after it was overwhelmingly approved by the Legislature, expressing the paternalistic concern that it may reduce wages or hours of domestic workers. But its supporters have come back stronger than ever this year. Now know as Assembly Bill 241, the measure cleared the Assembly Labor Committee on a 5-2 vote on April 24 and it now awaits action by the Assembly Appropriations Committee. They say this bill, which New York approved in 2010, is a key step toward valuing caregiving and other undervalued work traditionally performed by women. (Steven T. Jones)

Ammiano’s on a roll

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Willie Brown, the former mayor and current unregistered lobbyist, has been trying to undermine Assemblymember Tom Ammiano for years. But take a look at two Ammiano bills this spring and you get a sense of how effective San Francisco’s veteran representative can be.

On April 23, the state Assembly Judiciary Committee passed Ammiano’s Homeless Bill of Rights, 7-3. That wasn’t easy; he had to amend the bill and work the committee hard. The League of California Cities, which has a lot of clout in Sacto, doesn’t like the bill; neither does the California Chamber of Commerce. This is a big deal; the bill would ban most “sit-lie” laws and guarantee everyone the right to use public space.

Then the Pubilc Safety Committee approved his marijuana regulation bill, 5-2 (despite Brown and Co. trying to screw it up). And his Domestic Workers Bill of Rights , which the governor vetoed last year, is headed for likely approval at the Labor and Employment Committee.

There’s still a long road ahead for all of these bills — more committees, Assembly floor, Senate, and then the guv (and who the hell knows where Jerry will be on anything these days). But it’s possible that, in his final term, Ammiano could have several landmark bills approved.

(Yeah, it’s his final term. Six years is all you get in the Assembly. Crazy what terms limits has wrought. The minute you get to the point where you really know how to do your job, and you can truly deliver for your constitutents, they shove you out the door.)

 

Check, please

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steve@sfbg.com

San Francisco restaurants that have been cheating their customers and employees — charging diners for city-required healthcare coverage that they aren’t fully providing to workers — will finally be exposed in the coming weeks, with some notable names in foodie circles among the likely culprits.

City Attorney Dennis Herrera is working on settlements with dozens of restaurants that responded to his investigation and partial amnesty offer, which had an April 10 deadline. His effort augments the complaint-driven enforcement actions by the city’s Office of Labor Standards Enforcement, which has collected millions of dollars for thousands of employees of negligent local businesses in recent years.

At issue is the Healthcare Security Ordinance, the landmark 2008 law authored by then-Sup. Tom Ammiano that requires San Francisco businesses to provide a minimal level of healthcare benefits to their workers. Businesses are also required to report spending and surcharge figures to the OLSE annually, with the next report due April 30.

Last year’s data show celebrity chef Michael Mina’s Mina Group LLC — which includes the restaurants Michael Mina, RN74, Bourbon Steak, and Clock Bar — to be the top violator, collecting $539,806 in surcharges from customers and spending just $211,809 on employee healthcare.

Herrera used that list to ask more than 70 businesses to show they are in compliance with the law or reach discounted settlements now to avoid punitive fines or criminal charges later, and Herrera told us he received 60 responses and had his inquiry snubbed by fewer than a dozen.

“It’s too early to talk about how large a recovery we’ll be getting for workers, but I’m pleased with the response rate,” Herrera told us. He refused to estimate how many of the respondents were found to be in violation, but in an April 11 message to reporters covering the issue, his spokesperson Matt Dorsey wrote, “Based on our investigation so far, we anticipate that the majority of these establishments will be required to pay money to compensate their workers.”

WHAT THE FIGURES SHOW

The Guardian contacted many of the restaurants that topped the OLSE list. Some wouldn’t respond, some said they’ve changed their policies since the controversy erupted, and some wouldn’t talk until after a settlement is announced — including the Mina Group. That seems to indicate they’re about to pay for past violations.

Nicole Kraft, who handles public relations for the Mina Group, responded to Guardian inquires by writing, “I wanted to let you know that Mina Group will soon be releasing a joint statement with the City Attorney’s office, which should answer many of your questions. We’ll be sure to send it your way ASAP.” [UPDATE 4/29: Mina Group settled its case for $83,617.]

Sources in the City Attorney’s Office say settlements with as many as 10 restaurants that admit clear violations of the HCSO could be announced in the next week or two, while another 10 or so have provided data showing they are not in violation. The rest are more complicated and could take weeks or months of investigations, which are being led by Deputy City Attorney Sarah Eisenberg.

“There are going to be some that are given a clean bill of health,” Herrera told us. Herrera also told us that his investigation is just getting started and that it will look at businesses that haven’t made required annual reports to the OLSE. “When we get to a place where we’re announcing settlements, we’ll have more to say,” he said when asked for details and dimensions of his investigation.

GGRA Executive Director Rob Black has maintained that the OLSE figures don’t accurately reflect whether businesses are in compliance because the reporting requirements are confusing. GGRA held a compliance workshop on April 17, and Black told us about 40 restaurateurs attended.

“It was very informative and we got really good feedback from the restaurants,” Black told us. “We had people saying, ‘knowing what I know now, we should redo my 2011 form because I did it wrong.”

Black was initially critical of Herrera’s focus on the restaurant industry, but told us last week, “He made a commitment that the process would be efficient and fair, and he’s lived up to that so far….I still believe that the majority [of violators] didn’t have a mal-intent…Many people on the list that was reported have done nothing wrong.”

Cheesecake Factory — which was seventh on last year’s OLSE list, allegedly taking in $159,242 more in surcharges than it spent on employee health care — insists that it is in compliance and expects the City Attorney’s Office to confirm that.

“We believe the City Attorney’s initial review was erroneous,” Richard J. Frings, the company’s vice president of compensation and benefits, told us. “We are in full compliance with HCSO. Our healthcare costs in San Francisco have far exceeded the surcharge that we have collected. Once the City Attorney’s office has an opportunity to review our filings, we believe this matter will be closed without any further action.” He refused to provide figures to support the assertions.

THE HSA PROBLEM

Most of the restaurants that have been accused of stiffing employees use health savings accounts, which health officials say is a far worse option than private health insurance or the city’s Healthy San Francisco plan, which was created in conjunction with HCSO. Federal law bars cities from prescribing how health benefits are delivered.

San Francisco’s restaurant industry has always been hostile to the HCSO’s employer mandate, with the Golden Gate Restaurant Association unsuccessfully challenging the law all the way to the US Supreme Court. Controversy then erupted in 2011 with revelations (first in the Wall Street Journal, followed up by local media outlets) that some of the city’s most high-profile restaurants were shirking their responsibilities even as they charged diners 3 percent to 5 percent surcharges, sometimes essentially pocketing that money at the end of each year.

That verges on consumer fraud, but District Attorney George Gascon has refused to investigate, telling the Guardian and other papers that he was deferring to the OLSE and the City Attorney’s Office.

In 2011, a progressive-led majority on the Board of Supervisors passed legislation authored by Sup. David Campos to require that businesses keep the money they are required to spend on employee healthcare — which is currently $2.33 per employee-hour for large companies or $1.55 per employee-hours for businesses with less than 100 employees — for employees to use as needed.

But under aggressive lobbying by the GGRA and San Francisco Chamber of Commerce — which asserted the right of business owners to raid these funds, calling the set-aside a multi-million-dollar annual loss to the local economy — Mayor Ed Lee vetoed the measure. He later signed watered-down legislation requiring the money be set aside for two years, setting standards for letting employees know how to access the funds, and explicitly calling for all customer surcharges to remain in escrow accounts.

The OLSE, which also monitors compliance with the city’s paid sick leave and minimum wage laws, can only investigate businesses when an employee files a complaint. But then complaints trigger investigations that cover all of a given business’s employees, who are often compensated for past violations. To file a complaint, just write hcso@sfgov.org or call (415) 554-7892.

OLSE figures show the agency has investigated more than 100 complaints since 2008, resulting in $8.1 million in health care benefits provided to more than 6,400 employees and $244,000 in penalties paid to the city. Herrera’s office also reached a $320,000 settlement with the owners of Patxi’s Chicago Pizza in January, just before announcing his broader investigation.

“The vast majority of San Francisco employers have complied with their obligation to make health care expenditures pursuant to the HCSO,” OLSE Manager Donna Levitt told the Guardian. “With respect to the minority of businesses who fail to meet their obligations, the OLSE works tirelessly to ensure that workers receive the benefits to which they are entitled and that all businesses compete on a level playing field.”

Among the restaurants near the top of the OLSE list that did not respond to the Guardian inquires are Squat & Gobble, Wayfare Tavern, and Trinity Building Services.

“We are actually in complete compliance,” Larry Bouchard, manager of One Market restaurant, told us, explaining its inclusion on the OLSE list by saying, “It’s my understanding that we reported the wrong information.” He said the restaurant uses health savings accounts, but that they are widely used by employees, who get their expenditures repaid within three weeks.

Scott Carr, general manager of Boulevard — who sources say was one of the first restaurants to use the healthcare surcharges on customer bills, and whose parent company, Reroute LLC, was fifth on the OLSE list, underspending by $169,777 — told us the figures didn’t fully reflect the company’s spending on employee health care.

He wouldn’t say whether the company will be settling with Herrera for any past violations, but he did say that the restaurants decided to abandon health savings accounts in favor of health insurance policies for employees starting on Jan. 1. As he told us, “We feel we’ve made a positive step.”

Is there hope for California?

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Nothing cheers up an old tax-and-spend liberal than word that two major new sources of state revenue — enough to begin closing the gap in education funding — are at least on the table in Sacramento.

At the state Democratic Convention April 13, delegates approved a resolution calling for a split-roll property-tax system, removing commercial property from the protection of Prop. 13. There’s a group called Evolve working on this statewide, and Assemblymember Tom Ammiano has a bill that would end a loophole that allows corporations to buy and sell property without reassessment.

And now there’s also a campaign gearing up to establish an oil severance tax — something that every other oil-producing state already has. As oil and gas companies try to create a new oil rush in California, fracking their way to billions, the public ought to get a little something. After all, the oil below the ground belongs, in a sense, to all of us, not just to the companies that can stick a pipe into it.

Meanwhile, organized labor is attacking the Enterprise Zone Tax Credit, which is basically a corporate giveaway.

Not all of this is going to happen this year. Even with the overwhelming Democratic majorities in both houses, tax reform is tough; there are armies of lobbyists who will fight it all the way. And any ballot measure would need serious deep-pocket funding, since the California Chamber of Commerce, the real-estate industry and Big Oil would pour tens of millions in to defeating it.

Still: You have to start somewhere, and five years ago, none of this would have even been under discussion. So maybe there’s hope for California after all.

 

 

 

 

 

 

Ron Lanza, queer impressario, dies at 78

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Ron Lanza, a pioneer in San Francisco’s gay rights movement and an impressario who promoted queer arts through the worst of the AIDS crisis, has died after a long battle with colon cancer. He was 78.

Lanza, a Brooklyn native, was one of the leaders of Bay Area Gay Liberation in the 1970s, and, along with Assemblymember Tom Ammiano and the late activists Hank Wilson and Howard Wallace, was instrumental in building the LGBT movement in San Francisco.

He was the owner and operator of the Valencia Rose Café and later Josie’s Cabaret and Juice Joint, two groundbreaking queer performance venues that helpled launch the careers of  Whoopie Goldberg, Marga Gomez, and Margaret Cho.

“His vision came from looking at people and saying, ‘you have talent, you ought to try this,’ ” Ammiano, who performed as a comedian at Valencia Rose, told me.

“He was a giant in this city,” Tommi Avicolli Mecca, a performer and housing activist and the author of a book on the history of gay liberation, noted. “He created the foundation for what we now know as queer arts in San Francisco. He was really one of a kind.”

Lanza with Dennis Peron and Tom Ammiano

Marke B., our managing editor and a longtime follower of queer culture, put it this way:

“He dedicated his life to promoting theater and arts in San Francisco — even if it sometimes meant playing hardball, but always with that super-charming, goofball smile. Every single drag queen, performance artist, comedian, and actor in the city owes Ron a memorial smoothie — the Valencia Rose and Josie’s Cabaret kept performing arts alive in this town through the worst years of AIDS and political artphobia.”

Lanza, a Navy veteran, arrived in San Francisco in the 1970s, and worked for a while as a teacher in Walnut Creek. “When he came out, he risked being fired, so he quite before they could fire him,” Ammiano said.

With Wilson, Lanza took over the Ambassador Hotel, a Tenderloin SRO with a large number of gay and transgender tenants. In the 1980s, the two helped create what would become the Tenderloin AIDS Resource Center.

Lanza never liked the headlines; while his compatriots entered politics, ran for office, and organized on the streets, he stayed in the background, providing the cultural, moral, and financial support.

When Ammiano challenged then-Mayor Willie Brown in a legendary 1999 write-in campaign, Josie’s Cabaret and Juice Joint became the campaign headquarters. “He was so supportive,” Ammiano said. “He was a real San Francisco lefty. He only cared about money if he had to pay the bills.”

Gabriel Haaland, who helped run the Ammiano write-in, told me that “San Francisco is dimished. It’s such a heavy loss. There are people who are just magical, bright lights in the world, and he was one of them.”

Lanza was diagnosed with colon cancer in his 40s, but survived — in part, probably, thanks to adopting a healthy lifestyle. “He didn’t smoke, he was a vegetarian, and back then we teased him about it,” Ammiano said.

But the cancer came back in his later years, and he quietly underwent a series of operations. “He called me a few weeks ago and said he was dying,” Ammiano said. “He wanted to have a good-bye dinner.”

A huge dog-lover, Lanza could often be seen running down Dolores Street with two or three rescue animals. One of his last wishes was for a trip East to leave the dogs with a relative. He’d been driving a limo for income, and one of his wealthy clients paid for the ticket.

“He was always handsome, always loyal,” Ammiano recalled. “There were times you wanted to kill him, but the love was always there.”

A memorial is pending.

TRUST Act clears committee as immigration reform heats up nationally

It was late at night by the time New Latthivongskorn, then 22, finally started to make his way home from the University of California Berkeley campus after a long night of studying for midterm exams.  A third year molecular and cell biology major who was trying to keep up his grades in preparation for med school applications, Latthivongskorn said he noticed a man in a black hooded sweatshirt walking toward him as he approached his home. At first he didn’t think much of it – but just as he was about to unlock the door to his apartment, the young Thai student heard a voice. “Give me everything you’ve got,” the man commanded.

“I looked at him, and I looked down, and I saw a gun pointed straight at me,” Latthivongskorn recounted. Terrified, he tried to stay calm and simply cooperated; handing over his backpack and cell phone, silently feeling relieved that he hadn’t been carrying his laptop. Fortunately, Latthivongskorn was able to proceed into his apartment unscathed after the man who robbed him at gunpoint vanished down the street.

When his concerned housemate asked if he wanted to file a police report, Latthivongskorn faced a dilemma. “Yes, I wanted to report it,” he told the Guardian in a phone interview, “for me, but also for the community. That same man ended up mugging another individual later that night.”

But there was a problem. Latthivongskorn had moved with his family from Bangkok to Sacramento when he was just nine years old – and despite the fact that his entire life was rooted in California, he’d never obtained U.S. citizenship. Any interaction with police, he feared, could place him in jeopardy – even if he was approaching law enforcement as a crime victim.

“In the end, I couldn’t call,” he said. “What was going through my mind was thinking of all the sacrifices that my family had made for me … and I worked so hard to get to this point, and I’m still not there yet.” His decision not to report the armed robbery came down to “the simple fact that it could all end – that I could get deported.”

Fast-forward to today, and Latthivongskorn has graduated and earned a spot on the waitlist at Stanford while he awaits responses from a number of other med schools. He’s also active with ASPIRE, Asian Students Promoting Immigrant Rights through Education.

On April 9, he shared his experience of being mugged with California legislators at a hearing of the Public Safety Committee, and urged lawmakers to approve the TRUST Act.

Authored by Assembly Member Tom Ammiano, the bill seeks to “limit harmful deportations often stemming from trivial or discriminatory arrests,” according to a statement from Ammiano’s office.

As things stand, all arrestees have their fingerprints recorded and submitted to ICE, or U.S. Immigration and Customs Enforcement. Under the federal Secure Communities program, ICE can then direct local law enforcement to hold arrestees without bail, beyond the time they’d be detained under normal circumstances, for the purposes of immigration proceedings.

The idea is to hold and deport dangerous criminals, but in practice it’s proved problematic. “More than 90,000 Californians have been deported, with 70 percent not convicted of anything, or only of lesser crimes,” Ammiano’s office points out. “Some were never charged with crimes, and some were crime victims.”

The TRUST Act would “establish a statewide policy that says if the person has not been convicted of a serious or violent felony, they would no longer be held any longer than authorities would hold them otherwise,” explained Carlos Alcalá, a spokesperson for Ammiano. The idea is to draw a distinction between violent or serious offenders, and anyone else who could be swept up in the system and needlessly held without bail.

Also on hand to testify at the April 9 hearing was Ruth Montaño, a Bakersfield woman who was arrested and nearly deported after someone complained that her dog was barking too loud.

Alcalá recounted other horror stories that had made their way to the Capitol. There was the day laborer whose employer reported him to immigration authorities at the end of his shift when all he was expecting was a day’s wage, and the woman who was arrested outside of Walmart for trespassing – and nearly deported – for selling tamales. Then there were women who reported incidents of domestic violence only to be subjected to immigration proceedings (and their counterparts, who stayed mum about abuse because they feared deportation).

Members of the Public Safety Committee approved the TRUST Act 4-2, clearing the way for the bill to go to the floor of the Assembly as early as next week. An earlier version made its way to the desk of Gov. Jerry Brown last year, but was ultimately vetoed, leading to a revised version. “Because of last session’s history, we’re hoping to have more substantive discussions with the governor beforehand,” Alcalá told the Guardian.

The timing is significant. “Immigration changes are moving quickly at the national level,” Ammiano noted, “and California needs to make changes here to keep pace.”

Advocates expect a national proposal for immigration reform to be introduced in the Senate any day now, according to Jon Rodney of the California Immigrant Policy Center. West Coast activists are planning an event April 10 to mirror a mass rally and march for immigration reform planned in D.C.

In San Francisco, the march will begin outside Sen. Dianne Feinstein’s office on Post Street and then proceed to Civic Center, where a rally is planned for 5 p.m. Latthivongskorn plans to participate along with other organizers from ASPIRE, and a host of local and regional immigration reform advocates are getting involved.

Those joining the march “will carry 1,000 paper flowers,” Rodney said, “to represent 1,000 deportations that happen every day in the U.S. That’s one piece of Wednesday’s rally, is stopping deportations.”

Do we care?

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steve@sfbg.com

Teresa Molina faced abusive, belittling treatment on the job.

The 52-year-old immigrant from Sinaloa, Mexico, says she was paid $500 a month to provide 24-hour, live-in care to a girl in a wheelchair and her family. She wasn’t allowed regular breaks. She couldn’t eat what she wanted. Even her sleep was disrupted.

“I spoke up a couple times, but when I did, my employer told me I was dumb and good for nothing,” Molina, speaking Spanish through a translator, told us. “She would ask my immigration status, and I said that was not important, but she used that as a threat.”

Molina is a domestic worker — one of the only two professions (the other being farm work) exempt from federal labor standards.

Her experience, a common one among immigrant women in California, prompted Molina to get involved in last year’s California Domestic Worker Bill of Rights campaign, part of national effort that resulted in the first-ever protections being signed into law in New York in 2010.

Gov. Jerry Brown vetoed the California version of the bill late on the night of Sept. 30, 2012, the deadline for signing legislation, citing the paternalistic concern that better pay and working conditions might translate into fewer jobs or fewer hours for domestic workers.

“I was offended by how he did it, in the middle of the night on the last day, and he basically trivialized it,” Assembly member Tom Ammiano (D-SF), who sponsored the measure, told us. “Here in California, it’s a major workforce, but there’s no rules and there’s a documented history of abuses.”

But if anything, Brown’s veto has energized local activists, who say the battle for domestic worker rights is part of a much larger issue that women, children, immigrants, and their supporters are struggling against as they try to get society to value one of the most basic of social and economic functions: caring and caregiving.

Those in the caregiving professions are used to such defeats, but this one seems to be galvanizing and uniting several parallel movements — most of which have a strong presence here in the Bay Area — that want to apply human values and needs to an economic system that has never counted them.

It is, economists and policy experts say, a profoundly different way to measure economic output — and if the domestic workers and their allies succeed, it could have long-term implications for national, state, and local policy.

 

CARING DOESN’T COUNT

There are endless examples of how society undervalues caring and caregiving and other labor that has long been deemed “women’s work.” They range from nurses fighting for fair contracts to in-home support service workers fighting for their jobs. Many are jobs that have traditionally been done in the home — and in some cases, not counted at all as part of the Gross Domestic Product.

Social work, teaching, administrative support, caring for children or seniors, community organizing, and other jobs held predominantly by women and people of color are consistently among the lowest paid professions.

But the demand for those jobs is increasing — and the price of under-investing in education, caregiving, and child development is decreased productivity and increased crime and other costs for decades to come — so activists say they are critical to the nation’s future.

“It’s a different perspective. Caregiving isn’t transactional the way we think about other jobs,” said Alicia Garza, executive director of People Organized to Win Employment Rights (POWER), which has joined with other organizations nationwide for a Caring Across Generations campaign. “We’re a nation that has a growing aging population with no plan for how we’re going to take care of these people.”

In California today, caregivers find themselves under attack. Despite playing an important role in electing Brown as governor and in keeping Kaiser Hospital in Oakland and CPMC’s St. Luke’s Hospital in San Francisco open to the low-income residents they serve, the California Nurses Association is still stuck in a years-long contract impasse with those huge hospital corporations.

“We don’t think of ourselves first, we think of others first,” says Zenei Cortez, a CNA co-president who has been a registered nurse for 33 years, noting that patient care and advocacy standards have been key sticking points in their negotiations.

During each year with a budget shortfall, in-home support services for the sick, elderly, and disabled have been placed on the budgetary chopping block in California and many of its counties — including San Francisco, which has about 21,000 such workers — saved only by political organizing efforts and a longstanding lawsuit against the state (which was just settled on March 20 and will result in an 8 percent across-the-board cut in services).

“This program has been under assault for a full decade,” says Paul Kumar, a public policy and political consultant for the National Union of Healthcare Workers, calling that attack short-sighted, in both fiscal and human terms. “People get better care in a home setting.”

 

UNDERVALUED, ACROSS THE BOARD

If people generally act in their financial self interest, as economic theory holds, Oakland resident Lil Milagro Martinez would oppose the Domestic Workers Bill of Rights and its requirement that she pay her nanny at least minimum wage and allow for breaks and sick days.

After all, Milagro and her family are barely scraping by, with her husband working four jobs as she balances care for their infant son with coursework as a theology graduate student. Instead, Milagro said, she offers their nanny a living wage, benefits, and good working conditions.

“I wanted to feel that we were affirming her rights, so she would pass on that level of respect to my son,” Milagro told us. “If I can do this, and there are companies out there saying they can’t afford to do the right thing, that angers me.”

She was also angry when Brown vetoed the Domestic Workers Bill of Rights. She’s been working with a domestic worker employer group called Hand in Hand, a part of the larger National Domestic Worker Coalition.

“Our goal is to bring people together to create the kinds of worker relationships they want with people in their homes,” Danielle Feris, the national director of Hand in Hand, told us. “There will just be more and more people that need care in the home, so this touches all families.”

Milagro and other domestic worker employers say their stand is about much more than enlightened self-interest. They say this is an important step toward recognizing the important contributions that women and minority groups make to society and creating an economy focused on addressing human needs.

“Care, we can say, is undervalued across the board,” Feris said.

In addition to reintroducing the bill in Sacramento this year, the coalition is pushing similar legislation in Massachusetts and Illinois.

“I think the domestic workers have done a fantastic job at organizing across the country,” Ammiano said. “Making a movement of something isn’t easy, but once it gets traction then it’s tough to ignore.”

Like Milagro and Ammiano, Molina said she was bitterly disappointed by Brown’s veto, although all say it only strengthened their resolve to win the fight this year. “I felt very sad, depressed, and betrayed,” Molina said. “But we will win this…And I think the movement for women, workers, and immigrants will only grow from us winning.”

Domestic Workers Coalition campaign coordinator Katie Joaquin noted that the campaign is about triggering a cultural shift as much as it’s about winning legal protections, as important as they may be. “Once this bill passes and we have basic protections doesn’t mean the abuses will stop,” she said, noting that this is really about valuing care work.

“It’s bringing people together around the care we need,” Joaquin said. “These are conversations that are breaking new ground. The bill is really something that gets the ball rolling.”

Once some household work gets recognized, it’s not a big step toward a conversation about valuing all kinds of caring work and including that in our measures of economic progress.

“We definitely support the idea of valuing all care work, both paid and unpaid,” Feris said. “We all have something to gain by valuing each other.”

 

THE REAL WEALTH OF NATIONS

Author and researcher Riane Eisler has been a leading thinker and advocate for creating a more caring economy for decades, work that resulted in her seminal 1988 book The Chalice and the Blade, which sold half a million copies and was lauded as a groundbreaking analysis of the gender roles in ancient and modern history. She followed that with The Real Wealth of Nations in 2007, and the creation of the Center for Partnership Studies (CPS) and the Caring Economy Campaign.

Eisler takes issue with what most people call “the economy,” a wasteful and incomplete system that doesn’t actually economize in connecting what we have to what we need. She persuasively argues that it makes sense in both human and fiscal terms to value caring and caregiving, for one another and the natural world, providing myriad examples of countries, cultures, and companies that have benefited from that approach.

“In a way, the concepts are very simple. What could be more simple than saying the real wealth of nations isn’t financial? It consists of the contributions of people and nature,” Eisler told us by phone from her home in Monterey.

On March 20, Eisler gave a Congressional Briefing (attended by members and staffers in the Rayburn House Office Building) entitled “The Economic Return From Investing in Care Work & Early Childhood Education,” presenting a report on the issue that CPS and the Urban Institute released in December: “National Indicators and Social Wealth.”

“I think this is extremely timely,” Eisler told us, noting that the Republican Party’s currently aggressive fiscal conservatism must be countered with evidence that meeting people’s real needs is better economic policy than simply catering to Wall Street’s interests.

Her address to Congress followed ones that Eisler has given to the United Nations General Assembly and other important civic organizations around the world, and it was followed the next day by an address she gave to the State Department entitled: “What’s Good for Women is Good for World: Foundations of a Caring Economy.”

While Eisler said “there are people who are very excited about it,” she admits that her ideas have made little progress with the public even as the global economy increasingly displays many of the shortcomings she’s long warned against. “This is still very much on the margins.”

But that could be changing, particularly given the political organizing work that has been done in recent years around the rights of domestic workers and immigrants and on behalf of the interests of children and the poor, some of it drawing on the work of liberal economists such as Paul Krugman and Joseph Stiglitz.

“The Gross Domestic Product is a very poor measure of economic health,” she told us, noting that it perversely counts excessive healthcare spending, rapid resource depletion, and the cleanups of major oil spills as positive economic activity.

Erwin de Leon, a Washington DC policy researcher, opens “National Indicators and Social Wealth” with a quote from a speech that Robert F. Kennedy gave in 1968 criticizing GDP as a bad measure of progress: “It measures neither our wit nor our courage, neither our wisdom nor our learning, neither our compassion nor devotion to our country, it measures everything, in short, except that which makes life worthwhile.”

De Leon then writes: “An urgent need met by measuring a nation’s social wealth is identifying the attributes of a society that make it possible to create and support the development of the full capacities of every individual through the human life span. Social wealth indicators identify these drivers, with special focus on the economic value of caring for and educating children and the contributions of women and communities of color.”

The carefully documented report makes an economic argument that investment in caregiving and early childhood development more than pays for itself over the long run in terms of increased productivity and decreased costs from crime and other social ills, creating a happier and more egalitarian society in the process.

“Nobody talks about the work that immigrant women do and how it contributes to productivity. They free us up to do other things, but we don’t count it,” De Leon told us in a phone interview. “We put lots of value on numbers and the views of economists. The problem with the numbers is it’s an economic number that just values production.”

Eisler’s approach is neither liberal nor conservative, and she takes equal issue with capitalism and socialism as they’ve been practiced, labeling them both “domination-based” systems (as opposed to the “partnership-based” systems she advocates) that devalue caregiving and real human needs.

In fact, she seems to be even harder on progressives than those on the other end of the ideological spectrum, given the Left’s stated concern for women and communities of color. It was a point that Ammiano echoed: “There’s a lot of liberal guilt, but the follow-through has yet to happen.”

“What this entails is re-examining everything,” Eisler told us. “It starts with examining the underlying beliefs and values.”

 

INSTITUTIONAL SEXISM

Even in supposedly enlightened San Francisco, things are getting worse. On March 26, following a battle with SEIU Local 1021 that began last fall, the city’s Department of Human Resources submitted to a labor mediator its proposal to lower the salaries for new hires in 43 job categories, including vocational nurses, social workers, and secretaries.

The rationale: Those workers were paid more than market rates based on a survey of other counties. But it’s also true that those positions are disproportionately held by women and minorities. In the 1980s, San Francisco made a policy decision to raise the pay of what were traditionally female-dominated professions, part of a nationwide campaign to erase decades of pay inequity.

“The city is rolling back decades of historic work on pay equity in this city,” SEIU Political Director Chris Daly told us. “We were concerned about equal treatment of workers who were disproportionately women and people of color.”

DHS spokesperson Susan Gard told us, “The city is committed to that principal, equal pay for equal work, and we don’t think our proposal erodes that.” But she couldn’t explain why that was true. In reality, the move will lower the salaries for women that come to work for the city.

Those involved in the Domestic Workers Bill of Rights campaign mince no words when it comes to seeing the long history of sexism in political and economic institutions as one of the main obstacles they face.

“In so many ways, domestic work is women’s work, and women’s work has always been undervalued and underpaid,” Milagro said.

She even saw it growing up as child when she accompanied her father when he did housekeeping work, when he was treated “as nonentity, not human,” abuse and mistreatment that was exacerbated by the twin facts that he was an immigrant doing women’s work.

“Sexism has undervalued care work,” Feris said.

Ammiano likened the current struggle to the gay rights movement, and he said that when he started as a teacher back in the 1970s and wanted to teach in the early primary grades, he was told that was for women.

“It’s the feminization of labor,” Ammiano said. “When you have institutional sexism, you have to peel it back layer by layer.”

Eisler is equally direct: “We’ve all been taught to marginalize anything connected to the feminine,” she said.

She noted the vastly disproportionate global poverty rates of women compared to men and said “it’s because most are full or part-time caregivers,” work that isn’t often compensated.

Eisler said the current economic system “marginalizes and dehumanizes half the population,” asking how that could ever be considered ethical or equitable. She dismisses arguments that we can’t afford to value caregiving or work done in the home, noting that “there’s always money for the masculine values” of war and economic expansion.

Ammiano said the cultural blinders that prevent people from seeing how society discriminates against women and the work they do makes the problem more insidious and tougher to solve.

“If they’re doing it deliberately, it’s almost better because you can sink you teeth into it, but if it’s not deliberate then it’s tougher to corral,” he said.

Yet there could be subtle but important changes underway in how people value the roles of men and women in society.

There are indications that substantial majorities of people increasingly see men and masculine values as a big part of the problems the people of the world are facing. Author John Gerzema, whose forthcoming book is entitled Athena Doctrine: How Women (And the Men Who Think Like Them) Will Rule the Future, revealed some of the extensive polling research behind his book in a recent TED Talk.

Much of it points to what he called a “global referendum on men,” with strong majorities in countries around the world — with Canada the only exception — agreeing with the statements “I’m dissatisfied with the conduct of men in my country” and “The world could be better if men thought more like women.”

He and his research partners also had the tens of thousands of people they surveyed rate a list of traits as either masculine or feminine, and then later he had respondents state the traits they most wanted to see in their political leaders, finding that people around the world have begun to strongly prefer feminine traits to male ones in their leaders.

His conclusion: “Femininity is the operating system of 21st Century progress.”

 

THE SILVER TSUNAMI

The “silver tsunami” — Baby Boomers reaching old age and about to need more care — is about to break.

POWER, Senior Action Network, and many other San Francisco-based organizations in the Caring Across Generations campaign are part of a national push to increase access to and investment in caregiving, from early childhood development through care for those with disabilities to elder care.

“The caregiver industry is something we should invest in,” said POWER’s Garza. “We believe in a society that values care and we want to value that work.”

Yet with short-term, bottom-line thinking guiding the decisions, that requires a bold paradigm shift. Instead, the popular state In-Home Support Services program — which provides some compensation for caregivers of those with disabilities — is now facing an 8 percent cut as part of the recent settlement to lawsuits filed to prevent the 20 percent cut that then-Gov. Arnold Schwarzenegger had proposed.

The SF-based lawyer who filed the lawsuit, Stacey Leyton, told us this was the best settlement possible given the current political climate and the risk of deeper cuts if the Ninth Circuit Court of Appeals ruled in the state’s favor. But she thinks any IHHS cuts are short-sighted: “Any cuts to home care may balance the budget ledger now, but they can cause more costs later in the form of nursing home care and emergency room visits.”

James Chionsini, a community organizer with the Senior and Disability Action (SDA, formerly Senior Action Network), tells us that in addition to the sheer size of the “silver tsunami” coming through — which will require a huge influx of caregivers — efforts by the federal and state governments to contain medical costs could hurt the “upper-poor,” who are required to somehow pay a share of their MediCal health care costs.

That’s one reason why SDA, POWER, and other groups are supporting several campaigns aimed at creating a more caring society, from the Domestic Workers Bill of Rights to Caring Across Generations to basic, bread-and-butter political organizing efforts.

“Organizing is so important,” Garza said, while Chionsini said, “It’s about raising the profile of people who are providing care.”

Milagro said that if the immigrant women who do domestic work score a major victory, that could empower other marginalized groups. “It’s about a change in consciousness,” she said. “This can show a path for other movements to build, strengthen, and work together.”

Garza agrees that important, foundational changes are already underway, even though they will require lots of hard organizing work to bring them to fruition.

“There is a groundswell. This is happening,” she said, noting that it revolves around asking important questions. “How do you look at an economy not rooted in patriarchy? What would it look like if we had to compensate mothers?”

Next week: Part II, Do we care about the natural world?

Willie Brown and Ammiano’s pot bill

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Assemblymember Tom Ammiano’s new medical marijuana bill seems pretty straightforward. Almost everyone in the medpot biz thinks there ought to be some sort of statewide regulations for a growing industry that operates in a mish-mash of local jurisdictions with no overall rules. If nothing else, consumer-protection policies ought to be in place. And, of course, the more the dispensaries accept, and follow, reasonable regs, the easier it is to win the mainstream political support necessary to get the feds off all of our backs and ultimately follow Colorado and Washington.

All good, right?

So Ammiano, who has been on this issue for years, is proposing that the state’s Department of Alcoholic Beverage Control — which for all its problems has experience regulating mind-altering substances — draft and oversee medpot rules.

But the industry that makes a lot of money off the legalization of medicinal weed is famously fractured — and the politics of Sacramento are often nasty. Add in former San Francisco Mayor Willie Brown — who has his fingers in all sorts of business opportunities these days — and the story turns downright weird.
Ammiano’s been talking about Califonria and pot for years. He proposed legalization before the other states did, but frankly, this current state Legislature’s never going to have that kind of courage.

But he continues on with the effort. Last year, he tried to put pot under the Department of Consumer Affairs, which clearly didn’t want it; his bill died in the state Senate.

Normally, when new regulations are proposed for an industry, the Legislature holds what’s called a Sunrise Hearing, to bring all the stakeholders into a room and talk about what issues ought to be addressed. So Ammiano a few months back asked for a hearing in the Senate Business, Professions, and Economic Development Committee. No problem, said the chair, Curren Price, a Los Angeles Democrat.

But in February, five days before the hearing was set, Curran called the whole thing off. Turns out that the Governor’s Office and the Attorney General’s Office wanted no part of it, so it was hard to round up the essential players. Also, Curran was running for an open LA City Council seat and probably didn’t want the publicity. As Ammiano said at the time, “What’s up with marijuana? You can’t even have a hearing?”

Even without a hearing, he’s moving a new bill, AB 473, which would create under ABC a Division of Medical Cannabis Regulation and Enforcement. The bill is modeled on a successful effort in Colorado that has kept the feds at bay. Washington is also putting marijuana regulation under its liquor control authority.
“We’ve had not one federal intervention,” in Colorado, Matt Cook, a consultant who help write the rules in that state, said.

But just as Ammiano was preparing to line up support for his measure, another bill mysteriously appeared, in the state Senate. A “spot bill” with no actual content, the measure was set as a medical marijuana regulation placeholder. The authors: Senate President Darrell Steinberg and San Francisco’s Mark Leno.

Now: Leno’s been a big supporter of medical pot for years — but the bill wasn’t his idea. “Darrell told me he was going to do something about marijuana regulations, and he asked me if I would join him,” Leno told us.

What Leno didn’t know: Steinberg had been approached and asked to carry a bill by Willie Brown. Brown contacted the Senate president, sources tell us, and said that Ammiano was the wrong person to carry pot legislation.

Why? Who knows. Brown wouldn’t return my calls. But I can tell you with absolute certainty that Brown has been looking for ways to discredit Ammiano since 1999, when the then-supervisor challenged the mayor’s re-election in a legendary write-in campaign that galvanized the city’s left and created the momentum for the complete rejection of Brown’s politics and endorsed candidates a year later, in the first district elections.

And yes: Willie Brown carries a grudge. So it’s possible that he would go out of his way to make sure that Ammiano didn’t get credit for leading the way on what will evenutally be a huge sea chance in how California handles pot.

Now: This sort of thing isn’t viewed very highly in the hallowed halls of the state Leg, where people take their bills — and their history on issues — very seriously. Ammiano was furious, and talked to Steinberg, who (properly) apologized for stepping on his toes. Leno told us he had no intention of undermining his San Francisco colleague, that he had immense respect for Ammiano and all of his efforts, and that he wouldn’t move forward with any bill that didn’t have Ammiano’s input and support.

But it raises the question: Why is Brown even involved in medical marijuana? The only answer I can come up with is that he’s making money off it. Not as a dispensary owner or a grower, but as, in effect, a lobbyist.

When I heard Brown was messing around with the industry, I called Steve DeAngelo, who runs Harborside Health Center, the $22 million a year dispensary in Oakland. DeAngelo’s a promient leader on medical marijuana issues, and has built a respected business that pays taxes to Oakland, provides quality product, and is in many ways a model for what a dispensary should look like.

We talked for a while about Ammiano’s bill, and DeAngelo said he wants to be sure there’s community consensus. “The most important thing is that whatever passes addresses the issues and has broad supoprt in the industry,” he said. He agreed that regulation is needed, but stopped short of endorsing Ammiano’s bill, saying “there still needs to be further discussion.”

Then I asked him if he knew why Brown was talking to the state Senate president, and he told me:

“Willie Brown has been a political advisor to Harborside.”

I asked him if Harborside was paying Brown for his advice. He refused to say.

Okay then. But Brown doesn’t have much of a history of working on this issue pro bono, and is not known for serving as a “political advisor” (or doing much of anything else in the way of work) for free.

What does Brown think about the Ammiano bill? “He thinks,” DeAngelo said, “that it’s important it have a broad base of support.”

Willie Brown is not popular with the voters of California. His history of questionable (at best) ethics was among the reasons the voters approved terms limits for the Legislature. Hardly anyone on the left trusts him. A medical marijuana regulatory bill that has his fingerprints isn’t going to do much for “consensus” or “broad-based support.”

So maybe the best thing Brown could do for his client is stay the hell out of Sacramento.

Labor activist urges “innovation” in workers’ rights organizing

Even as renowned labor activist Bill Fletcher Jr. geared up for a talk last Thursday to describe the dire situation he believes the labor movement is facing, local organizers had victories to celebrate.

Fletcher joined organizers from the Filipino Community Center, OUR Walmart, PODER and POWER for a March 7 forum hosted by San Francisco Jobs With Justice, called “Labor at the Crossroads.”

Prior to the discussion, Fletcher told the Guardian he believes the national labor movement is witnessing a “final offensive” from big business and right-wing interests, and “an attempt to destroy unions altogether.” He also criticized a reluctance among national labor leaders to openly recognize the gravity of the situation. Fletcher’s latest book, published last August, is titled They’re Bankrupting Us, and 20 Other Myths About Unions.

Fletcher said he believes labor should place less emphasis on “being invited to this or that social occasion,” and more on reaching out to community-based organizations to foster movement building. He said he thought there was a need for “innovation” by organized labor, such as forging alliances with the unemployed, or reaching out to under-employed workers earning low wages in retail positions. “The labor movement grew by being audacious … by making the comfortable uncomfortable,” he said.

Despite Fletcher’s bleak portrait and the generally discouraging trends of the day, such as the impacts of the sequester, an international move toward austerity and stubbornly high unemployment in the United States, representatives from San Francisco Jobs with Justice nevertheless were able to point to some recent worker victories.

Many San Franciscans who gathered for “Labor at the Crossroads” were encouraged by successful negotiations that resulted in what they viewed as a much-improved deal for the San Francisco CPMC hospital project, which included stronger local hiring requirements and other items labor and community organizers had fought for.

Organizers also applauded last month’s Chinese Progressive Association victory against Dick Lee Pastry on behalf of workers subjected to wage-theft violations. The San Francisco Chinatown restaurant was forced to pay a whopping $525,000 in back wages and penalties.

At the state level, the California Domestic Workers’ Coalition kicked off its mobilization last week in Los Angeles urging passage of the Domestic Workers’ Bill of Rights, authored by Assembly Member Tom Ammiano. The legislation would extend basic labor protections to housekeepers, childcare workers and caregivers, who collectively represent a primarily immigrant workforce. At the national level, momentum is starting to build around the Fair Minimum Wage Act, with supporters calling on lawmakers to raise the minimum wage to $10.10 an hour.

“The union movement should be helping unemployed workers get organized, fight back and fight for jobs,” Fletcher said. “There is no significant organization of the unemployed – no significant force that has taken up this issue and said, we need to build a mass movement around jobs.”

He urged local organizers to identify priorities. “We have to go forward with, what is the vision?” he said. “What do the people of Oakland and San Francisco need?”

Everybody likes Jerry; now what?

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For the first time in many years, Californians seem to like their governor. Jerry Brown’s approval rating is now above 50 percent; actually, it’s closer to 60 percent. And the Legislature is more popular, too. (Although ratings of the state Leg, like ratings of Congress, are pretty bogus — I may think the Legislature as a whole is doing a crappy job, because there are too many conservatives, but I think my own Assemblymember, Tom Ammiano, and my own state Senator, Mark Leno, are excellent. Republicans feel the opposite way. Nobody likes the body as a whole, because the body as a whole will never be liberal enough for me or conservative enough for Orange County.)

So here’s the question:

In politics, one of the things you do is build capital. You build it with your reputation, by doing things well (or at least things that make some group of constituents happy). You can’t keep it in the bank forever, or it gets stale and eventually starts to fade away; at some point, you have to use it.

The typical younger politician builds capital for future races — you get high marks as a city council member or county supervisor and you cash in some of that to get elected to the state Leg, then maybe to statewide office or Congress. But our guv isn’t typical in any way, and he’s not young; he might have one more term in office, which at this point he would win easily if he seeks it. But that’s almost certainly the end of the line. For better or for worse, I just don’t see a President Jerry Brown in our future.

So what’s he going to do with his political capital? What are the Democrats in the state Leg, who finally have the confidence of the voters, going to do?

If Jer thinks he’s going to build a couple of giant tunnels under the Delta to move more water south, he’s even battier that we think; that’s never going to happen. The entire environmental world is against it, it’s way too expensive, it will wind up getting delayed by lawsuits until long after Brown is out of office, and there’s no guarantee a future governor will keep Jerry’s Big Dig alive.

He’s got high-speed rail, a much better use of money that has widespread support, but that’s also a long-term project.

So what about reforming Prop. 13? He knows it’s a policy disaster. It’s not going to be repealed, but with the governor’s support, a split-role measure or some other credible reforms could transform local government and do more for the public schools than any pointed-headed “education reform” plan will ever do.

Or single-payer health care. Everyone knows that California’s getting screwed by the insurance industry. We have to write new rules for implementing Obamacare anyway. Twice, the state Leg has passed single-payer bills that were vetoed by the governor (not this governor).

It’s actually possible to lead the way to some changes that people will remember for decades. Jerry: You won’t get this chance again.

 

 

 

 

Stage Listings

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Stage listings are compiled by Guardian staff. Performance times may change; call venues to confirm. Reviewers are Robert Avila, Rita Felciano, and Nicole Gluckstern. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Picks.

THEATER

OPENING

The Lisbon Traviata New Conservatory Theatre Center, 25 Van Ness, SF; www.nctcsf.org. $25. Opens Fri/22, 8pm. Runs Wed-Sat, 8pm; Sun, 2pm. Through March 24. New Conservatory Theatre Center performs Terrence McNally’s play, a mix of comedy and tragedy, about the relationship between two opera fanatics.

Steve Seabrook: Better Than You Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $15-50. Opens Fri/22, 8pm. Runs Fri, 8pm; Sat, 8:30pm. Through March 22. Kurt Bodden’s San Francisco Best of Fringe-winning show takes a satirical look at motivational speakers.

BAY AREA

Dostoevsky’s The Grand Inquisitor Berkeley City Club, 2315 Durant, Berk; www.centralworks.org. $15-28. Previews Thu/21-Fri/22, 8pm. Opens Sat/23, 8pm. Runs Thu-Sat, 8pm; Sun, 5pm. Through March 31. Central Works performs Gary Graves’ adaptation of the story-within-a-story from The Brothers Karamazov.

My Recollect Time South Berkeley Community Church, 1802 Fairview, Berk; (510) 788-6415. $12-25. Opens Fri/22, 9pm. Runs Sat/23-Sun/24, Feb 28, March 2, 7, and 9, 8pm; March 1, 8, 9pm; March 3, 5pm. Through March 9. Inferno Theater performs Jamie Greenblatt’s play about the life of former slave Mary Fields.

ONGOING

Dear Harvey New Conservatory Theatre Center, 25 Van Ness, SF; www.nctcsf.org. $25-45. Wed/20-Sat/23, 8pm; Sun/24, 2pm. There’s always room in San Francisco for milk — Harvey Milk, that is, our very own out-and-proud crusader for equal rights for all, whose election as city supervisor in 1977 and assassination in 1978 galvanized the LGBT movement on a national level. Part history lesson, part memorial tribute, the Patricia Loughrey-penned Dear Harvey offers details of the extent of his influence, mostly in the realm of the political, collected from interviews with over 30 of Milk’s associates and friends. Interspersing testimonials with Bay Area Reporter headlines, fan mail, and projections of Daniel Nicoletta’s candid photos of the era, each member of the ensemble cast assumes multiple roles throughout the piece including Harvey’s activist nephew Stuart Milk, the "Queen Mother of the Americas" Nicole Murray-Ramirez, openly-gay politician Tom Ammiano, former youthful aide and prominent AIDS activist Cleve Jones, Milk’s spitfire campaign manager Anne Kronenberg, and even Milk himself. At its core, Dear Harvey plays out mainly like a talking head-style documentary, the disparate strands of monologue woven together providing a composite image of a single character. But as endearing in many ways that character is, it’s not enough to sustain the overall piece, which never develops its other, often fascinating, characters enough for the audience to feel much of a connection to the stage, no matter how much, personally, they might feel a connection to Milk himself. (Gluckstern)

Foodies! The Musical Shelton Theater, 533 Sutter, SF; www.foodiesthemusical.com. $30-34. Fri-Sat, 8pm. Open-ended. AWAT Productions presents Morris Bobrow’s musical comedy revue all about food.

God of Carnage Shelton Theater, 533 Sutter, SF; www.sheltontheater.org. $38. Thu-Sat, 8pm. Through March 30. Shelton Theater presents Yasmina Reza’s Tony-winning comedy about upper-middle-class parents clashing over an act of playground violence between their children.

Hedwig and the Angry Inch Boxcar Playhouse, 505 Natoma, SF; www.boxcartheatre.org. $25-40. Wed-Sat, 8pm (also Sat, 5pm). Through March 2. Hold onto your hairpiece, Boxcar Theatre is reprising their all-too short summer run of Hedwig and the Angry Inch, and just in case you think you saw it already, be forewarned — you ain’t seen nothing yet. Recast, redesigned, and re-vamped, this outcast-rock musical familiarly follows the misadventures of one Hedwig Robinson (né Hansel Schmidt) with glam, guts, and glitter. But unlike the movie version penned by and starring John Cameron Mitchell as the titular chanteuse, or other staged versions, director Nick A. Olivero splits the larger-than-life, would-be rock sensation into eight different characters, who are each given a solo turn as well as plenty of ensemble harmonizing during the course of the two hour-plus performance. The effect is often electric, and just as frequently hilarious, as when the four female actors playing the role stomp across the stage swinging imaginary dicks in the air to the lyric "six inches forward and five inches back, I got a, I got an angry inch!" Supported by a tight quartet of rock musicians led by Rachel Robinson, and the phenomenal Amy Lizardo as Hedwig’s beleaguered "man Friday" Yitzhak, Hedwig keeps on extending for what appears to be an indefinite run, employing the time-honored Thrillpeddlers’ tradition of rotating cast members and comeback performances, which means you could theoretically go multiple times and never see quite the same show twice. I certainly plan to. (Gluckstern)

Jurassic Ark Exit Theatre, 156 Eddy, SF; www.theexit.org. $15-25. Fri-Sat, 8pm. Through March 16. Writer-performer David Caggiano’s zany, well-executed solo play centers on a Christian televangelist who is unwaveringly bent on making a big-budget movie about a cowboy-like Biblical Noah, his Ark, and the largely lovable dinosaurs callously left out of the story — a project he sees delivering a decisive blow to the Darwinians, while turning cineplexes across the land into celluloid cathedrals. Brother Dallas and his proselytizing pitch eventually find receptive ears in a trinity of movie-industry heavies, whose collective business acumen demands a few changes to the script. Meanwhile, the intoxicating power of it all leads to a lapse in Brother Dallas’s righteousness and a scandal reminiscent of Hugh Grant’s career. Dallas rebounds from this bout with the Devil and sees his movie made — but surely only he is unaware that the Devil keeps a Hollywood address. Smartly directed by Mark Kenward, this low-frills production relies almost exclusively on Caggiano’s sturdy ability with quick-change characterizations (couched in Dylan West’s modest lighting design and a suggestive soundscape by sound editor–musician John Mazzei). The fitful satire trades in pretty orthodox caricature and, in Brother Dallas, lacks a very compelling or sympathetic central figure; but it unfolds with a very cinematic imagination that, while formulaic, is itself one hell of a movie pitch. (Avila)

The Little Foxes Tides Theatre, 533 Sutter, SF; www.tidestheatre.org. $20-38. Wed/20-Sat/23, 8pm. Tides Theatre Company performs a modern take on the Lillian Hellman classic.

The Motherfucker with the Hat San Francisco Playhouse, 450 Post, SF; www.sfplayhouse.org. $30-70. Tue-Thu, 7pm; Fri-Sat, 8pm (also Sat, 3pm). Through March 16. A fine cast makes the most of Stephen Adly Guirgis’s deceptively coarse, often amusing little play, The Motherfucker with the Hat, which receives its local premiere in a sure and rowdy production from SF Playhouse. Director and designer Bill English’s striking two-tier set almost belies the intimate nature of the quirky story, which concerns a hapless parolee and recovering alcoholic named Jackie (a winningly frazzled, bumptious Gabriel Marin) who retreats to his AA sponsor’s apartment to pine and plot revenge after he discovers a stranger’s hat in the bedroom of his longtime Puerto Rican girlfriend, Veronica (played vividly by an at once edgy and vulnerable Isabelle Ortega). But Ralph, his suave and persuasive sponsor (played with unctuous charm gilded by just a hint of ineptitude by an excellent Carl Lumbly), may not be the guy he wants in his corner. Not that Jackie can see that — he’s got a man-crush on Ralph that dwarfs his already ambivalent affection for much put-upon but stalwart cousin Julio (a sharply funny Rudy Guerrero) and blinds him to the warning signals from Ralph’s own disgruntled wife (a coolly disgusted Margo Hall). Throughout, these working-class New York borough dwellers display their wit and shield their soft underbellies with a rapid-fire barrage of creative swearing. English and cast display a real comfort with this kind of material (this is SF Playhouse’s fourth Girguis play), which drapes its soft heart in the intimations of violence more than the real thing. If the heat and imaginative cursing also seem to cover up for a play with little dramatic purpose beyond a gentle and somewhat pat exploration of loyalty, maturity, and trust, there’s pleasure to be had in the unfolding. (Avila)

Not a Genuine Black Man Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $25-50. Fri/22, 8pm; Sat/23, 5pm. What, the unapologetically middle-class Brian Copeland asks, is the real meaning behind the phrase "a genuine black man"? By way of an answer, the stand-up comic and KGO radio host offers up a simultaneously funny and disarmingly frank story about growing up African American in the racist suburb that was San Leandro in the early 1970s. Letting his narrative bounce back and forth between his boyhood memories and a period of depression that overtook him as a parent in 1999 — and interlacing the autobiography with verbatim utterances from both sides of the fight his family joined to desegregate the city — Copeland brings admirable chops as a comedian to bear on some difficult and disturbing, if ultimately hopeful, material. Note: review from an earlier run of the same show. (Avila)

Sex and the City: LIVE! Rebel, 1760 Market, SF; trannyshack.com/sexandthecity. $25. Wed, 7 and 9pm. Open-ended. Lady Bear, Trixie Carr, Heklina, and D’Arcy Drollinger star in this drag tribute to the long-running HBO show.

The World’s Funniest Bubble Show Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $8-50. Sun, 11am. Extended through March 17. The Amazing Bubble Man (a.k.a. Louis Pearl) continues his family-friendly bubble extravaganza.

You Know When the Men Are Gone Z Space, 450 Florida, SF; www.zspace.org. $30-55. Wed/20-Thu/21, 7pm; Fri/22-Sat/23, 8pm; Sun/24, 3pm. Word for Word mounts two related short stories from the titular collection by Siobhan Fallon about the home-front impact of warfare on the families of an American army base. In The Last Stand, an injured soldier (Chad Deverman) returns home to his young wife (Roselyn Hallett) to find she has decided to leave him. In Gold Star, a wife (Arwen Anderson) learns of her soldier husband’s (Ryan Tasker) death — the officer who died saving the life of the young soldier in the first story. Reeling from grief, she innocently hangs on the words of the young soldier (Deverman) as he comes to visit her. Beautifully designed — with shrewd use of Z Space’s large, potentially engulfing stage by Jacqueline Scott (set), Drew Yerys (lighting, sound), Delia McDougall (costume, props), and Andrea Weber (choreography) — directors Joel Mullennix (Last Stand) and Amy Kossow (Gold Star) show an imaginative command of the material that has made the company’s trademark verbatim staging of literature a viable theatrical undertaking in its own right, with much to admire and ponder in the juxtaposition of words, blocking, characterization, and imagery. Moreover, the ensemble (rounded out by Marilet Martinez and Armando McClain) is very strong, with standout turns from the mutually sympathetic but achingly at-odds characters played by Deverman and Hallett in the first half, and by Anderson’s shattered, erratic, yet highly attuned new widow in the second. As for the stories themselves, certain details of base life (such as the prime parking spaces eerily and crassly allotted widows of soldiers killed in combat) reveal the author’s firsthand knowledge as the wife of an active-duty soldier, adding a sense of authenticity to these intimate, heartfelt, and movingly told stories. Their essentially everyday tragedies, however, remain tightly focused on the subtleties of grief rather than any larger contextualizing of the immediate political and moral dimensions of the American imperial machine in which all characters ultimately serve. That leaves largely intact and unexamined the usual allusions to sacrifice, service, nationhood, duty, and traditional modes of male and female heroism in war, which is perhaps the most distressing thing about these otherwise quietly troubled stories. (Avila)

BAY AREA

The Fourth Messenger Ashby Stage, 1901 Ashby, Berk; www.thefourthmessenger.com. $23-40. Wed-Thu, 7pm (no show Wed/20); Fri-Sat, 8pm; Sun, 2pm. Through March 10. It’s been some time since a work by local playwright Tanya Shaffer last graced our stages, not since 2005 to be precise, and in keeping with her penchant for multicultural themes, her latest piece, The Fourth Messenger, is a reimagining of the Siddhartha story, written as a musical in collaboration with composer Vienna Teng. Raina (Anna Ishida), a "hungry" journalism intern with a secret agenda, pitches her first scoop — the debunking of a beatific guru named Mama Sid (Annemaria Rajala) — and embeds herself in a meditation retreat where she can get close to the famously private teacher and uncover her past. Neither as humorous or as merciless as Jesus Christ Superstar or as exuberant as Godspell (though the excellent song "Monkey Mind" crackles with wit and trenchant observation, and the tender "Human Experience" genuinely uplifts), Messenger does offer a fairly solid primer to the path of spiritual enlightenment including its all-too-human fallout and sacrifices. The white-on-wood set design by Joe Ragey frames the action in a deceptively delicate layer of gauze and mystery, and the capable ensemble inhabit their multiple roles with ease — from jaded newsies to loyal disciples. Which makes it doubly unfortunate that the jazzy, piano-driven score seems pitched just outside of most of the actor’s ranges, even those of the notably skilled Ishida and Rajala, an admitted distraction for the monkey-minded, which is to say most of us. (Gluckstern)

Our Practical Heaven Aurora Theatre, 2081 Addison, Berk; www.auroratheatre.org. $32-60. Tue and Sun, 7pm (also Sun, 2pm); Wed-Sat, 8pm. Through March 3. Anthony Clarvoe’s new play receives its world premiere as a 2011 prizewinner in Aurora’s Global Age Project (GAP), which cultivates new work addressing life in the 21st century. In the case of this labored and dull effort, the young century and its anxious outlook come refracted through three generations of women who gather for holidays at a seaside home whose own future is threatened by, first, financial and, ultimately, climatic conditions. Neurotic, self-absorbed Sasha (Anne Darragh) and capable businesswoman Willa (Julia Brothers) are middle-aged best friends forever who grew up in the home of Sasha’s mother (Joy Carlin) and late father. Joining Sasha’s two daughters by separate husbands, Suze (Blythe Foster) and Leez (Adrienne Walters), is Willa’s daughter, Magz (Lauren Spencer), who suffers from a debilitating disease. Despite many personal and generational differences — and a rising conflict over the house — all six women share in a traditional bout of bird watching in this fragile nature "refuge" for bird and human alike. While bird watching supplies the play’s operative metaphors, however, it does little to actually bring these characters together in any compelling or convincing way. In fact, respective backstories are pretty sketchy in general, dialogue strained and broadcasting, and performances correspondingly patchy. The three stage veterans in director Allen McKelvey’s cast — Brothers, Carlin, and Darragh — go furthest toward making Clarvoe’s leaden exposition somewhat buoyant, but the momentary pleasure they provide can’t stem the overall tide. (Avila)

PERFORMANCE/DANCE

"Analog: New Work by Katharine Hawthorne" Joe Goode Annex, 401 Alabama, SF; analogdance.eventbrite.com. Fri/22-Sat/23, 8pm. $15-25. A full evening of choreography inspired by the intersection of art and science.

BATS Improv Bayfront Theater, Fort Mason Center, Marina at Laguna, SF; www.improv.org. Sat/23, 8pm. $20. The company performs "Warp Speed: An Improvised Trek!"

"Comedy Night at the Presidio" Presidio Café and Golf Course, 300 Finley, SF; www.presidiocafe.com. Thu/21, 8pm. $10. With Will Durst, Andrew Holmgren, and host Justin Gomes.

"Dance and Diaspora" ODC Theater, 3153 17th St, SF; www.odctheater.org. Fri/22-Sat/23, 8pm. $25-30. Featuring the work of belly dance artist Jill Parker and Afro-Brazilian choreographer Tania Santiago.

"Fabulous Artistic Guys Get Overtly Traumatized Sometimes: The Musical!" CounterPULSE, 1310 Mission, SF; www.counterpulse.org. Thu/21-Sun/24, 8pm. $20-25. DavEnd’s performance extravaganza promises "singing pink cakes, dancing mirrors, and couture genitalia."

"Killing Me Softly With Jazz Hands" Stage Werx Theatre, 446 Valencia, SF; (415) 517-3581. Wed/20, 8pm. $10. Comedian Becky Pedigo performs.

"Megillah 3.0" Intersection for the Arts, 925 Mission, SF; www.killingmylobster.com. Sat/23, 7pm, $20. Killing My Lobster launches its online collection of original videos, music, and performance with a Purim carnival, featuring live sketch shows, KML comedy videos, and more.

"Our Voices, Our Stories Play Reading Festival" San Francisco Playhouse, 450 Post, SF; www.sfplayhouse.org. Mon/25, 7:30pm. Free. Readings of in-development works Without and Opportunity for Defense and Obeah.

"San Francisco Magic Parlor" Chancellor Hotel Union Square, 433 Powell, SF; www.sfmagicparlor.com. Thu-Sat, 8pm. Ongoing. $40. Magic vignettes with conjurer and storyteller Walt Anthony.

"Smack Dab" Magnet, 4122 18th St, SF; www.magnetsf.org. Wed/20, 8pm. Free. Open mic featuring Randy Alford.

"Solo Sundays: Family Blend, the Sweet and the Bitter" Stage Werx Theatre, 433 Valencia, SF; www.brownpapertickets.com. Sun/24, 7pm. $12. With Susan Ito, Lisa Marie Rollins, and Zahra Noorbakhsh.

Tanya Bello’s Project. B. and Karen Reedy Dance ODC Dance Commons, 351 Shotwell, SF; www.odcdance.org. Sat/23, 8pm; Sun/24, 7pm. $22. Featuring the world premiere of Bello’s Games We Play(ed).

BAY AREA

"One-Off Wednesdays (or sometimes Two-Off)" Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. Wed/20, 8pm. $15-50. This week: Wayne Harris in The Letter: Martin Luther King at the Crossroads.

City College forum questions new reforms as deadline looms

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More than 300 of City College of San Francisco’s students and faculty piled into a meeting hall at the school’s Mission campus last night, Feb.7, all waiting to hear the answer to one question: What can we do to save City College?

CCSF failed to meet a list of six requirements to improve the school that the Accrediting Commission of Community and Junior Colleges gave it to complete in 2006, notably in measuring student learning outcomes and in managing its finances. Failing to meet those deadlines, the ACCJC told City College last June that it had until March 15, 2013 to fix their school, or it would face losing its accreditation — which means the college would lose state funding, and the degrees it offered from that point on would be almost worthless.

Concerned for the future of their college, a coalition of students, faculty and community members started “Save CCSF,” the group that organized the teach-in at Mission campus.

Students occupied every chair, standing shoulder-to-shoulder in the back of the hall. The meeting was about education, the first speaker announced, meant to inform students about the crisis. How did CCSF come under threat of closure? Who is the accreditation body that posed the threat? The answers were complicated, and filled with accusations against the ACCJC, and the school’s own Board of Trustees.

We do accept there are deficiencies at City College,” student Inder Grewal, 20, said to the crowd. “But the administration is making change at a pace that is hurting faculty and students at our school.”

Notable speakers came out to show their support for the diverse students at City College. Wisconsin State Senator Spencer Coggs, one of the “Wisconsin 14” who fled the state to deny Governor Scott Walker quorum in the senate over his union-busting legislation, spoke in his support of City College’s labor force.

We believe in justice for workers rights, correct?” he said to the crowd, to cheers. “You in California supported us in Wisconsin, we in Wisconsin support you in California.”

State Assemblyman Tom Ammiano, who represents San Francisco, sent a representative to show his support for the Save CCSF coalition. “We have been working on this issue,” Kimberly Alvarenga, Ammiano’s district director, said to the coalition supporters. “Last week we had a meeting with Assemblymember Ting, labor, and a rep from the [California Community College] state chancellor’s office to get a conversation started. We’re in solidarity with you.”

Just today, Ting held a press conference to support City College. Notably, CCSF faculty union leader Alisa Messer, staff union head Athena Steff, and SF Labor Council head Tim Paulson spoke as well, perhaps signaling Ting’s support of labor at the college.

At the press conference, college spokesperson Larry Kamer acknowledged the disagreements within the college, and offered to find middle ground.

There’s a lot we don’t agree on,” he said. “But one thing we do agree on is we want City College to remain accredited, we want people to recognize the work that’s been done, we want them to appreciate what we still have to do. But the headline today is we want people to enroll.”

Above, video of the press conference courtesy of The Guardsman, the newspaper of City College of San Francisco

The makeup of the crowd of currently enrolled students at the coalition meeting last night was a good indicator of exactly who stands to lose in City College’s shakeup. Easily half the room was filled with Latino students of every age and stripe, and many of them answered that they were English as Second Language students worried about their future.

I was a dishwasher, a janitor, everything,” said a man who wanted to be identified only as Jose because he is an undocumented student. Jose emigrated from El Salvador 10 years ago, and decided to take ESL classes at City College so he could get a new lease on life. He hasn’t decided on his major yet, maybe natural sciences, creative writing, or social science. The world is open to him, he said, because of his ESL classes.

If I hadn’t taken classes at City College, I couldn’t be talking to you now.”

He and other students were there for answers, and the answers they got were alarming.

Changes for the worse

The Save CCSF coalition urged the hundreds of students and faculty in attendance to bring anyone they could to rally at City Hall on March 14 — the day before City College is set to deliver its “show cause report” to the ACCJC. The report is a detailed report of the progress the college has made to address the ACCJC’s requirements for change. You can read the draft here.

In order to meet the ACCJC’s requirements, the board of trustees and administration have been making stark changes to the college, ones that the people in the meeting that night said were harming students.

Who’s been to the Bayview district?” Shanell Williams, associated students president, asked the crowd. Easily 30 hands went up. “There was a van students were using to get to their campus without getting shot, that the college cut out of the budget. It’s about access.”

The college is cutting funds wherever it can, and the private bus that shuttled students across gang lines in the Bayview was only the first of many changes. The Save CCSF coalition also told the crowd that they were fighting to restore the jobs of the over 30 classified staff and 50 faculty that weren’t rehired for this school year — essentially let go.

Use the Proposition A funds as promised,” Tarik Farrar, chair of African American studies said. He was referring to the language in Prop. A that went before San Francisco voters last November saying the $14 million parcel tax would be used to stop faculty layoffs at City College. “It’s explicit, not vague. The interim chancellor and special trustee does not have the right to use the money as they choose.”

Protecting labor isn’t strictly about protecting teachers because ultimately, the loss of faculty shrinks class offerings and class sizes.

Farrar was especially concerned that the belt tightening at the school would shrink the population it sets out to serve, something the college has already put into writing, by rewriting its mission statement.

“If you turn CCSF into a school of 20,000 students it will not be accessible,” he said. “The students that will be hurt disproportionately by this school will be the students I teach, people who look like this room, mostly.”

It is important to note that City College is still open, and is still accredited. The school is currently under-enrolled to the tune of about 3,000 students. The loss of that many students could possibly result in the state withdrawing funds for the school to the tune of at least $5 million, according to school officials in public meetings.

For further reading on the City College crisis from the students themselves, check out the following:

Can City College students transfer to SF State if the college closes
?

25 percent of community colleges in California are under sanction

Pot hearing cancelled — but why?

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The state Senate Business, Professions, and Economic Development Committee was slated to hold a hearing Feb. 11 on Assemblymember Tom Ammiano’s efforts to create a regulatory framework for medical marijuana. That’s a fairly common practice when a new set of professional regulations is proposed; it’s called a “sunrise” hearing, and the idea is to get all the players in the room and see what kinds of concerns they have. A bill Ammiano introduced last year, AB 2312, would have put the authority to set state regs under the Department of Consumer Affairs; it died in the state Senate, but it will come back in some form or another.

So the committee chair, Sen. Curren D. Price, a Los Angeles Democrat, set the hearing, and committee staff went about rounding up witnesses — and then five days before the gavel dropped, the whole thing was called off.

What happened? Couple of things.

For starters, the office of Gov. Jerry Brown officially doesn’t like marijuana. And the DCA is part of the governor’s office. And the attorney general, Kamala Harris, has been awfully careful about getting into the medical marijuana fray. And the feds — or at least, the US attorney for Northern California — officially hates anything to do with the devil weed.

And all of those people should have been part of the regulatory discussion, except that somehow, they couldn’t quite make it to the hearing. “We had difficulty getting representatives of the administration and the attorney general to come,” Committee Consultant G. V. Ayers told me.

Then there’s the fact that Price is running for Los Angeles City Council (funny — in San Francisco, the supervisors want to be in the state Legislature. In LA, the state legislators want to be on the City Council. Possibly because there are no term limits, and there’s a huge city budget). And the election is in March. And anything Price (who has supported medical marijuana in the past) said or did that suggested he loves loco weed might get slung at him in the waning days of a long, expensive campaign.

So in 2013, everyone’s still afraid of pot. “What’s up with marijuana?” Ammiano asked me. “You can’t even have a hearing?”

Apparently not.

Milk’s real legacy

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OPINION Ever since Supervisor David Campos announced his proposal to add Harvey Milk’s name to SFO, there’s been an unending string of criticism — mostly from one source — that has an eerily familiar ring to it.

We heard it years ago when we tried to change the name of Douglas School in the Castro to Harvey Milk Civil Rights Academy. Believe it or not, it took seven years before the School Board finally voted for the name change — and there was still bitterness. This was a school in Harvey’s neighborhood that Harvey personally helped when he was alive.

And of course Harvey heard it himself, when he was constantly told not to rock the boat, not to make waves, not to be so out about being gay. Why? Because it would be divisive, alarm our friends, empower the gay community’s enemies, and set the movement back. And forty years later, people are still saying that.

It’s not just Harvey Milk. When we went to change the name of Army Street to Cesar Chavez, the same cast of characters voiced the same empty complaints, and it wasn’t until a vote of the people that it was finally settled.

Now we come to Campos’s courageous proposal to add Harvey’s name to San Francisco International Airport. For the city that wildly celebrated gay marriages at City Hall (another event that naysayers were quick to criticize), the city that is the emotional heart of the gay civil rights movement, and the city in which Harvey Milk lived, rose to prominence, and died — this should be a no-brainer. People say this is divisive? In fact, it should be an issue that unites us.

Yes, it will cost the airport some money to change its signage. But this can be done over time, through attrition, and can be far less than the estimates. (Which still only amount to one-half of one percent of the airport’s annual budget.)

But by far the most pernicious charge against the proposal is that it would tarnish Harvey’s legacy if it loses. Let me tell you — a little adversity never scared off Harvey Milk. He knew how to take a punch. And he knew how to move the civil rights agenda forward through provocative proposals.

For example, did you know before this that 80 airports in the United States are named after individuals, and not one is gay? How long are we going to be second-class citizens?

I commend Supervisor Campos for having the guts to put this proposal forward. That’s the real legacy of Harvey Milk: a city with openly gay elected officials who are willing to put their own careers on the line to challenge the status quo. Harvey would be proud.

And, as the powers that be sanctimoniously intone that we shouldn’t name the airport after any individual, our great city itself is named after St. Francis.

If being named after an inspiring individual is good enough for our city, it’s good enough for our airport.

Assemblymember Tom Ammiano represents the 17th District.

 

Harvey Milk and Cesar Chavez

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The Chron continues its jihad against Harvey Milk Airport today, arguing that the price tag airport administrators came up with — $4 million — makes the plan too expensive. Not that $4 million is a trivial amount of money, but please: Compared to the tax breaks, upzonings, and other giveaways the the city routinely hands over to big corporations, this is birdseed. That’s if we can trust the folks at SFO, who are opposed to the name change. And there’s no reason all that money has to be spent at once, the first day; change the name, then implement all the signage changes over a couple of years or so. Not really a big deal.

Assemblymember Tom Ammiano called this morning to remind us of a similar battle in 1994 over renaming Army Street after Cesar Chavez. The costs were wildly inflated. The Chron kept raising all sorts of problems. “It was like, ‘oh we should honor him, but we can’t change a name,’ Amminano said. “The same tired bullshit we’re hearing now.”

And the truth is, changing Army Street to Cesar Chavez Street was an appropriate step, no big deal — and in the end, everyone came around. Ten years from now, they’ll feel the same way about Harvey Milk International Airport.

PS: The issue here isn’t really renaming the airport against leaving it as SFO. I guarantee if this fails, at some point someone’s going to try to name it after Dianne Feinstein or Willie Brown — and the Chron probably won’t have the same issues. If the question is whether to name an airport after Brown (terrible mayor) Feinstein (terrible mayor) or Milk (international civil-rights icon) … well, that’s a no-brainer.

PS2: The B.A.R. came out against the name change in an odd editorial that suggested the battle would be divisive and “turn our friends against us.” That, as a sharp letter from Ammiano, Bevan Dufty, Carole Migden, Jose Cisneros, and Anne Kronenberg ponts out, is the same argument that the more conservative elements of the gay community used to try to talk Milk out of running for office.

 

http://www.ebar.com/openforum/letters/letter.php?sec=letters&id=372

Herrera steps up his crackdown on surcharge fraud by restaurants

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City Attorney Dennis Herrera has stepped up his efforts to ensure San Francisco restaurants aren’t committing consumer fraud with their healthcare surcharges – by pocketing money collected from diners ostensibly to cover their city obligation to provide health coverage to employees – offering an amnesty period for following city law.

At a City Hall press conference on Friday – flanked by Sups. David Campos and David Chiu, Assembly member Tom Ammiano, and local restaurant employees – Herrera announced an investigation and enforcement effort targeting dozens of local business who have reported spending less on employee health care than they collect from customers for that purpose. They will receive letters this week urging voluntarily compliance during an amnesty period, after which they could be hit with lawsuits and civil penalties.

“The enforcement program we’re launching today isn’t simply to protect employees and consumers from surcharge fraud – it’s also to protect the vast majority of competing restaurants that follow the law and provide health care benefits to their workers,” said Herrera. “We San Franciscans take great pride in a vibrant local restaurant scene that enriches our neighborhoods, employs thousands of our residents, and serves millions of tourists each year. And it’s unfortunate that the illegal business practices of a relative handful of bad actors require the creation of this enforcement initiative.”

The City Attorney’s Office is refusing to release the list of restaurants that will receive the letters, calling it an ongoing investigation that exempts the list from public disclosure. But the office did furnish reporters who asked with a spreadsheet from the city’s Office of Labor Standards Enforcement, which ensures compliance with the landmark Health Care Security Ordinance that Ammiano authored as a supervisor, going into effect in 2008 and creating the Healthy San Francisco program.

That list includes many well-known restaurants. Topping the list is Mina Group LLC (which includes restaurants Michael Mina, RN74, Bourbon Steak, and Clock Bar) collecting $539,806 and spending $211,809, Wayfare Tavern collecting $303,207 and spending $68,018, Layers LLC (owners of Paxti’s Pizza, which Herrera’s reached a settlement with two weeks ago), Squat & Gobble collecting $160, 498 and spending nothing on employee health care. Others on the list include Cheesecake Factory, Max’s Opera Cafe, Asia SF, Burgermeister, Folsom Pie, Cafe Bellini, and One Market Restaurant.

Golden Gate Restaurant Association Executive Director Rob Black lashed out at Herrera’s office for releasing that list and media outlets for publishing it, claiming that he’s talked to many of those restaurateurs and that they had filled out the forms wrong or that they simply hadn’t yet spent the surcharges collected even though the funds may be set aside for employee health care.

“They aren’t committing fraud, which is the accusation by the city attorney, just because of errors in filling out a form,” Black said, urging the public to reserve judgment until the investigation is complete.

But it’s hard to feel too bad for GGRA or the member restaurants that aggressively contested and then sued the city over the health care law, appealing it all the way to the Supreme Court, then turned around when they lost and used deceptive (and sometime fraudulent) surcharges to single out those costs for customers.

According to a press release put out by Herrera’s office:

“The City Attorney’s target letter outlined conditions worst-offender restaurants must take steps to meet by a deadline of April 10, 2013 to come into legal compliance, and avoid civil litigation by Herrera’s office for pocketing customer surcharge money intended to fund employee health care benefits.  
* Worst-offenders must provide an accounting to City Attorney investigators for all health care surcharges collected during the period from 2009 to 2011, along with health care expenditures pursuant to the Health Care Security Ordinance, or HCSO, for that time period.
* Worst-offenders must distribute 50 percent of unallocated health care surcharge funds  to employees who worked for the company during the time surcharges were imposed on customers, covering the years 2009 to 2011, in accordance with City Attorney instructions.
* Worst-offenders must remit amounts unredeemed by their eligible employees to the San Francisco City Attorney’s Office for the purpose of funding future enforcement of the HCSO and other consumer protection laws.
* Worst-offenders must attest that they will refrain from committing further consumer fraud and remain in full compliance in good faith with the HCSO going forward, in accordance with City Attorney instructions.”

In his press conference, Herrera emphasized the “relative handful” of restaurants targeted by his office, just a few dozen in a city with thousands of restaurants. But he also said that his office is aware of restaurants that use the surcharge without even reporting to the OLSE as required, so both the amnesty program and his investigation goes beyond just the restaurants who get letters.

“I’m tremendously gratified by this very statesmanlike and generous gesture by the City Attorney’s Office, Mr. Herrera in particular,” Ammiano said. “I feel somewhat parental toward this program, the Health San Francisco program. It was a hard fight to get it and it’s been successful, so any attempts to sully it, minimize it, or water it down get my dander up.”