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Mining metadata

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The Board of Supervisors’ Rules Committee unanimously recommended Nov. 30 that all parts of a city document should remain in the public domain, including the document’s electronic fabric, or metadata.
If approved by the full board, which seems likely, the decision will signal a victory for a small but vocal group of activists who view metadata as an important front in the battle for public access to government documents.
Metadata is defined as data about data — information that can reveal nuances of a document, such as where it was created, how it was modified, and when it was transmitted. If you know how to use the Track Changes function in Microsoft Word, for instance, you can glean how a document’s numbers were calculated or how its text evolved.
Local activists Allen Grossman and Kimo Crossman argue that such access to city documents is one of our privileges as citizens: we pay for city government to represent us with our tax dollars and therefore have the right to track almost everything it does — down to the faintest of electronic fingerprints on an Excel spreadsheet. Grossman and Crossman got involved with the fight for metadata when board clerk Gloria Young denied their request for a copy of the Sunshine Ordinance in its original Microsoft Word format.
“Are we gadflies, whatever that means?” Grossman asked the Guardian the day before the Rules Committee made its recommendation. “I don’t think so. I think we have an interest in making sure that everyone else knows what’s going on.”
Some city officials say that granting boundless access to documents and their metadata is risky. Deputy city attorney Paul Zarefsky wrote a five-page memo expounding the dangers: it could let hackers into the computer system; it could leave city documents open to manipulation; it could burden city officials with more data awaiting redaction.
He and Young proposed that all city documents should be presented to the general public as PDFs, or portable document formats, which would exclude any metadata from the original document.
The Rules Committee’s recommendation unanimously rejected that proposal. Supervisor Ross Mirkarimi argued that while requests for metadata might be a nuisance to city officials, the city is still responsible for providing “all native data” to the general public that is consistent with the Sunshine Ordinance. When Supervisors Tom Ammiano and Sean Elsbernd agreed, room 263 at City Hall erupted with applause.
“The fact is that we’re entitled to see all public information that is not exempt,” Grossman told us. “To the extent that public information is buried in the other data, the metadata, we’re still entitled to see it.”

Blood in the water

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Mayor Gavin Newsom has long been considered a lock for reelection next year, a belief driven by his same-sex marriage gesture, hoarding of political capital, personal charm, and high approval ratings. Yet Guardian interviews with more than 20 political experts and insiders from across the ideological spectrum indicate that Newsom may now be more vulnerable than ever.
Just as San Francisco politicians are starting to calculate whether to run, the Newsom administration has suffered a series of political setbacks. In November alone, most of Newsom’s picks got spanked during the election, his veto of popular police foot patrol legislation was overridden by the Board of Supervisors, and he was caught off guard by the San Francisco 49ers’ announcement that they were moving to Santa Clara, taking with them Newsom’s hopes of landing the 2016 Summer Olympics.
“Until recently, I didn’t have a lot of hope,” Sup. Chris Daly, whom Newsom unsuccessfully worked to defeat, told us. “Now the progressives have a glimmer of hope. The mayor seems to be hurting from three or four episodes where he was caught with egg on his face.”
To many political observers — most of whom the Guardian allowed to speak anonymously in order to capture their most candid observations and plans — the defeats were indicative of a mayor who seems increasingly disengaged and out of touch. Even Newsom’s strategy of avoiding fights that might hurt his popularity has rankled many of his allies, who complain that this risk-averse approach has allowed the Board of Supervisors to effectively set the city’s agenda.
“This guy does not use one scintilla of his political capital on anyone or anything,” said former mayor Art Agnos, whose name has been dropped as a possible challenger to Newsom but who told us, “I’m not running.”
There are a number of strong anti-Newsom narratives out there, even on his signature issues, such as crime and homelessness, which persist as visible, visceral problems despite increased city spending on homeless services and controversial tactics like police sweeps and one-way bus tickets out of town for vagrants.
The mayor started his term by announcing during a radio interview that if the murder rate rose, he should be ousted from office. It did — remaining at 10-year highs through the past three years — handing his potential opponents a ready-made sound bite. The crime rate could be a powerful weapon when paired with Newsom’s failure to follow up on promises of police reform.
Newsom is still likely to offer up a long list of accomplishments in his usual statistics-laden style. But much of what he tries to take credit for was actually someone else’s initiative, such as the universal health care measure crafted by Sup. Tom Ammiano (who is running for the State Assembly and not taking a third run at the mayor’s office). Adding to Newsom’s problems in November was the lawsuit the Golden Gate Restaurant Association — a Newsom ally — filed challenging the measure.
Almost everyone we interviewed agreed that if Newsom does have approval ratings of around 80 percent, as has been reported, that support is very soft and may significantly erode during the campaign. “His support is an inch deep and a mile wide” was how one political analyst put it.
“His ‘skyrocketing’ approval rating is irrelevant,” one downtown politico told us. “People approve of the mayor like they approve of the color beige. If you fill an arena with 50,000 people and ask them to decide on what color to paint the walls, that color will always be beige. It’s not that they necessarily like beige; it’s that they will accept it as long as those freaks who want hot pink don’t get their way.”
And then there are his personal foibles. Newsom’s choice of girlfriends — from the Scientologist actress to the 19-year-old hostess — has found its way into print and caused the mayor to lash out in brittle ways that have hurt his relations with once-friendly outlets like the Chronicle, which openly mocked Newsom’s televised comments last month about how hard his job is and how he might not run for reelection.
Finally, there are the new electoral realities: this is the first mayor’s race in which challengers will receive public financing from a $7 million fund (almost all of which, Newsom campaign manager Eric Jaye argues, will be aimed at doing damage to Newsom) and the first with ranked-choice voting, allowing candidates to run as a team and gang up on the mayor.
Add it all up, and Newsom looks vulnerable. But that’s only the first part of a two-part question. The trickier part is who can run against Newsom, and that’s a question to which nobody has any good answer yet.
THE FIELD
Among the names being dropped for a mayoral run are Dennis Herrera, Aaron Peskin, Ross Mirkarimi, Matt Gonzalez, Kamala Harris, Mark Leno, Agnos, Susan Leal, Angela Alioto, Lou Girardo, Warren Hellman, Jeff Adachi, Tony Hall, Leland Yee, Daly, Michael Hennessey, Quentin Kopp, and Carole Migden. That’s quite a list.
Yet most say they are disinclined to run this time around, and none are likely to announce their candidacies in the near future, which is when most observers believe a serious run at Newsom would have to begin. Here’s the catch-22: nobody wants to run against Newsom unless his approval rating sinks below 60 percent, but it’s unlikely to sink that low unless there are rivals out there challenging him every day.
Two candidates who already hold citywide office and could aggressively challenge Newsom on police issues are Sheriff Hennessey and District Attorney Harris, both of whom have mainstream credentials as well as supporters in the progressive community. But both have expressed reluctance to run in the next mayoral election, at least in part because they’re also standing for reelection this fall and would need to leave their jobs to run for mayor.
Public Defender Adachi is a favorite of many progressives and could also run on police reform, but his job of representing sometimes heinous criminals could be easy for the Newsom team to attack Willie Horton–<\d>style.
Many of the strongest potential candidates are thought to be waiting four more years until the seat is open. City Attorney Herrera can take as much credit as Newsom for gay marriage and is a tough campaigner and formidable fundraiser who has clearly been setting himself up for higher office. Assemblymember Leno has won over progressives since his divisive 2002 primary against Harry Britt and could be mayoral material, particularly because he’s termed out in two years. But both are allies of Newsom and reluctant to run against him.
Several supervisors and former supervisors would love to beat Newsom, but the road seems steep for them. Daly just got beat up in his own reelection, so his negatives are too high to run again right now. Supervisor Mirkarimi might run, but some consider him too Green and too green and are urging him to wait four more years. Board President Peskin could also be a contender, but some doubt his citywide appeal and note a few bad votes he’s cast.
Challenges from Newsom’s right could include Kopp, the former legislator and judge; Hall, the former supervisor whom Newsom ousted from his Treasure Island post; businessman and attorney Girardo; financier and philanthropist Hellman; and Alioto, who ran last time. But these would-be challengers are generally less liberal than Newsom, who pundits say is as conservative a mayor as a town with an ascendant progressive movement will tolerate.
Finally, there’s Gonzalez, who four years ago jumped in the mayor’s race at the last minute, was outspent by Newsom six-to-one, and still came within less than five percentage points of winning. Many progressives are urging him to run again, noting that he is still popular and has the political skills to highlight Newsom’s shortcomings. But Gonzalez remains cagey about his intentions.
“I don’t believe I’m running for mayor. The chances are slim,” Gonzalez told us. “But I think he needs to be challenged.”
TEAM NEWSOM
Newsom campaign manager Jaye says he’s definitely expecting a challenge. And unlike most observers whom we spoke with, who are surveying the field and not seeing many people jumping in, Jaye expects a crowded free-for-all and a tough race.
“Is it likely to be a highly contested mayor’s race? Sure. Is that a good thing? Yes, I think it is,” Jaye said. “Every race in San Francisco is tough. The school board races here are fought harder than some Senate races.”
But Jaye thinks the new public financing system — in which mayoral candidates who can raise $135,000 will get $450,000 from the city — will be the biggest factor. “That’s one of the reasons I think everyone’s going to run,” Jaye said. “That guarantees it will be a crowded field.”
One political analyst said that’s the best scenario for defeating Newsom. He said dethroning the mayor will be like a pack of jackals taking down an elephant. No single challenger is likely to beat Newsom, but if he’s being attacked from all sides, he just might fall.
As for Newsom’s weaknesses and missteps, Jaye doesn’t agree the mayor is particularly weak and doesn’t think people will turn away from Newsom because of his candid comments on how the job cuts into his personal life.
“One of the reasons so many people like Gavin Newsom is he’s not afraid to be human in public and to be honest,” Jaye said, adding that his candidate is up for the challenge. “He is running for real and will run a vigorous race.”
Jaye concedes that the 49ers issue is difficult: Newsom will be hurt if they leave, and he’ll be hurt if he appears to give up too much to keep them here. The high murder rate and inaction on police reform are widely considered to be vulnerabilities, but Jaye said, “Gavin Newsom gets up every day and works on that problem, and if voters think another candidate has a better solution, they’ll look at it.”
Everyone agrees that candidates will enter the race late — which is what happened during the last two mayor’s races and is even likelier with public financing. If Newsom takes more hits or can’t get his head into the game, the sharks will start circling. “The next three months with what happens with the mayor will be telling,” another political insider told us.
One test will be with Proposition I, the measure voters approved Nov. 7 asking the mayor to show up for a monthly question time before the Board of Supervisors. Newsom reportedly has said he won’t come, which could look cowardly and out of touch to the voters who approved it and to the supervisors, who might make great political theater of the no-show. And if Newsom does decide to show up, most observers believe he might not fare well in such an unscripted exchange.
If Newsom implodes or appears weak in late spring, suddenly all those political heavy hitters will be forced to think about getting in the fray. After all, as just about everyone told us, nine months is like an eternity in San Francisco politics — and Newsom has the best job in town.

Pink-paint hate

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It was a little after 6 o’clock on the morning of Sept. 21 when Naomi Okada arrived to start her day at Lowell High School. The Japanese language teacher is often at work early, and after a short wait a custodian let her into the building. Okada made her way down the quiet, empty halls of the school and up a stairwell to the second floor, where she unlocked the door of the World Language Department office. She dropped her things by her desk, one among more than a dozen belonging to the language teachers who share space in the large office. As she entered the nearby kitchen to brew a pot of coffee, John Raya’s desk, in the corner by the door, caught her attention.
“I noticed there was paint all over his computer,” Okada told the Guardian. “My first impression was that it looked like a bucket of paint was poured over it.” Thick streams of pink liquid dripped from the monitor onto the keyboard and were splattered on the wall behind the desk and the chair in front of it.
She thought this might have been an accident, but since Raya was also an early riser and usually came in about a half hour after her, she decided to go look for him. She walked quickly down the hallway, past Spirit Week posters painted the same shade of pink, to Raya’s classroom. It was still locked. Moments later she ran into him in the hallway, and together they went back to the office.
Okada hadn’t yet passed close enough to the desk to see a note propped on the keyboard. It was Raya who would first read what it said:
“Big mouth fag!!!!! You start too much trouble in this department!!!! Mind your fucking business and go back to New York!!!!! Or Cuba or wherever the fuck you come from!!!!!”
“I was stunned,” Raya told us. “It didn’t hit me in the beginning. It was just bizarre. It didn’t make sense. And then the reality hit.”
Raya thinks the pink paint was chosen because he is gay and the words because he’s been speaking up about problems he sees in the language department in which he has taught French and Spanish for almost 20 years.
Soon the school’s interim principal, Amy Hansen, and assistant principal Peter Van Court would have the room closed off and guarded by security. John Scully, the police officer assigned to the school, would arrive to gather evidence that might identify who committed the hate crime.
And all of that would take just a few hours. The destroyed keyboard and desk chair would be removed and replaced. The paint would be wiped up, leaving spare vestiges of pink in the seams of the computer monitor and on the chalk tray behind it. By lunchtime it would seem as though this had never happened — and most of the school would still be unaware that it had.
Later, Inspector Milanda Moore of the San Francisco Police Department’s hate crimes unit would be assigned to the case, and Raya would ask her why a crime lab was not brought in. “She said that was Mr. Scully’s call,” Raya said.
“We didn’t really have a lot of evidence,” Scully told us. “I guess it’s a computer office classroom,” he said, misidentifying the room. “A lot of people touch computers. It would be hard to get a good fingerprint. I didn’t see the point.” He said rooms that see a lot of use and are heavily trafficked by kids are hard to fingerprint.
This, however, isn’t one of those rooms. It’s an office to which only faculty and administration have keys and access, and students are strictly forbidden from entering without supervision. And when Okada arrived for work early that morning, the door was locked, the lock was functioning fine, and there was no sign of a forced entry.
That’s led Raya and others at Lowell to a truly disturbing conclusion: the hate crime was committed, they suggest, not by a disgruntled student or misguided prankster but by a member of the faculty or an administrator.
If that’s true, then Lowell — the city’s premier public high school, a place that wins awards for its teaching and is lauded for its tolerant attitudes — has a staff member who has resorted to the sort of racist, homophobic act that’s rarely seen in San Francisco workplaces these days. And he or she still hasn’t been caught.
In fact, one of the oddest elements of this entire episode — and the fact that makes it more than a passing story of poor behavior — is the way the school administration has seemed to go out of its way to keep the whole thing under wraps. Students were never formally told what happened. Faculty were discouraged from discussing it. The student paper, the Lowell, was scolded for daring to print a story about it. Other than a student-organized response, there was no attempt to use the incident as a learning experience.
Some school officials are unhappy that the administration kept this so quiet. “I think that’s totally inappropriate,” Sarah Lipson, vice president of the Board of Education, told us. “We’ve tried so hard to be transparent. If you have no idea where this is coming from, you have to err on the side of transparency.”
And when we started to look into the crime, we discovered that it wasn’t an isolated event. The language department at Lowell is such a mess that a specialist in nonviolent communication has been hired to mediate. “It’s a very hot, polarized situation,” said Lynda Smith, a consultant with Bay Area Nonviolent Communication who works with couples and groups and teaches classes at San Quentin. “In my experience, the tension and the lack of trust in this department is one of the more extreme situations that I’ve encountered.”
The situation is raising some deep-seated questions about the way one of the nation’s top public high schools is managed.
Lowell is the kind of academic institution that inspires faith in the public school system. Last May, Newsweek ranked it 26 out of 1,200 top public schools in the country. Each year nearly 3,000 of San Francisco’s intellectually elite eighth graders vie for the 600 open slots, facing academic standards more rigid than those of any other high school in the city. The list of alumni is thick with Rhodes scholars and Nobel Prize winners, Beltway press secretaries and Ivy League college presidents.
The rigorous learning environment means “the students are so academically driven they rarely have time to look up from their books,” said Barbara Blinick, a social studies teacher and faculty sponsor of the school’s Gay-Straight Alliance (GSA). She thinks that’s what makes Lowell “one of the safest campuses in the city.”
“We fight over seats in the library,” student Beatriz Datangel said. “Last year someone got in trouble for throwing a cupcake.”
And Lowell has a reputation for being a safe and accepting place for queer students. “They’re not attacked, they’re not beaten up,” Blinick said.
“I have never been in or heard of a high school with as gay-positive an environment as Lowell has,” English teacher Jennifer Moffitt said. “That isn’t to say Lowell is perfect by any means, but it’s unusually open here. We have several openly gay faculty members as well as students.”
“Last year’s prom king and queen were both guys,” English teacher Bryan Ritter added. “And they both fought over the tiara.”
Which is why the hate crime committed against Raya was so shocking.
“I can’t believe that someone would target him,” Ritter said. “He’s such a nice guy. I don’t tolerate homophobia, and I can’t express how appalled I am that it’s happened in my own school.”
Ritter, like a majority of the faculty, first heard about the incident from Hansen the day after it happened.
Hansen told us she said “this was a horrible act, that it was an assault on all of us and we need to keep our ears open and be listening, because if students know and if students were involved, if you listen, kids talk.”
But if the incident was indeed an assault on “all of us,” the students were not included in that community. No public announcement was made to the student body. The monthly “Message from the Principal,” released just three days after the hate crime was discovered, painted a bright, sunny picture of a day in the busy life of Lowell, with Spirit Week in full swing and faculty steeped in annual curriculum development. There was no mention of the incident of hatred directed against a veteran faculty member.
“It seems to me it’s been downplayed from the very beginning,” said David Lipman, a Spanish teacher. “We were told at the beginning not to say anything to the students. So we didn’t say anything.”
“Somehow,” Lipman told us, “I’m just afraid that it’s not in the district’s interest to find out who did it. And it seems like no one will ever hear about it again.”
The school’s award-winning student paper, the Lowell, wasn’t comfortable with that approach. “The students hadn’t heard about it — that’s why we covered it in the paper,” said Ritter, who’s also faculty sponsor for the monthly publication.
Raya was very willing to talk about the crime with reporter Cynthia Chau, who didn’t have a difficult time getting details of what happened or leads as to why from him. Responses from the principal were not as forthcoming.
“She did talk to us, and she answered all of our questions,” said a reporter who assisted Chau with the front-page story. “Except for when it got to Raya’s allegations that were more controversial — when he said she hadn’t done enough to respond to the hate crime, about her showing favoritism, and that he had had a discussion with her about that. She said, ‘No comment, that’s between Mr. Raya and myself.’<\!q>”
After the story hit the hallways, Hansen scheduled a meeting with the journalism classes that publish the paper to discuss their moral obligations as reporters. Though Hansen had issues with a number of their articles, including the one on Raya, the overall impression the classes came away with was that she disapproved of them covering controversy.
“Her recommendation was that we shouldn’t report stories that may have a negative effect,” reporter Jason Siu said. “That doesn’t really work. As journalists, we should report the truth. If it’s happening on the Lowell campus, we should report it.”
John Raya has the quiet presence of the kid who sits in the back of the classroom minding his own business. The only edge in his otherwise soft voice is a Brooklyn accent, which dissolves when he speaks French or Spanish, the two languages he teaches at Lowell. It’s hard to believe he could incite enough animosity to drive someone to commit a hate crime against him.
But at Lowell he’s become the most vocal leader of an expanding group of teachers unhappy about the management of the language department.
Since June, Raya has been writing letters to various administrators and the Board of Education about what he perceives as inequities in the way classes are assigned to teachers and how students are selected for them. He’s been calling for more openness in decision-making processes, for a formal policy on who teaches which classes, and even for the department head, Dorothy Ong, to relinquish her position.
“Everyone in the department was getting copies of these letters,” Lipman said. “There were a lot of them. They were mainly in the weeks preceding the incident. They were about policy, fairness, equity — very professionally done. Your jaw dropped open because they pierced right to the heart. They were like when a senator is calling for the president to step down.”
High schools are often places where petty drama takes the stage as high art, where locker room cliques are nascent coffee klatches and conflict and competition are extracurricular activities. But behind the academic politics are sometimes real issues.
When Amy Hansen left Oakland’s Skyline High School to stand in as interim principal at Lowell for the 2006–<\d>07 school year, Raya was one of the first people to come by her office, a few days before school commenced in August. He wanted to talk about the World Language Department’s “long-standing history of conflict,” she said. “He raised concerns about how the department was run, he felt that he was not being treated fairly, and he raised a number of issues which I took seriously.”
At Lowell the 600 or so incoming students are asked to rank three options from the nine languages the school offers. Like many high schools in the country, Spanish is in high demand, second only to Chinese; more than half of Lowell’s students are Chinese American. Over the years, more sections of these popular classes have been added incrementally, but a concerted effort has also been made to skim off some kids into other, less popular languages, such as Korean, German, and Italian.
Herein lies the rift, which some view as philosophical — but which in practice leaves one person playing God. Every year about 100 unlucky students end up with the second or third language they picked. This balances the class sizes and lets the less-popular languages survive, but critics of the system think it undermines student choice — for the benefit of the adults who teach them. This year three Spanish classes and a French class were replaced with additional sections of German, Korean, and Advanced Placement Chinese in order to bolster the numbers.
According to Raya and his contingent, this was inexplicable, and so much tension existed in the department, they suspected the only reason it was done was to favor teachers who might otherwise be let go if the programs were cut.
“We voted as a department years ago — the languages that don’t support themselves, we’re going to let them die off,” Spanish teacher John Ryland said. Tagalog, Russian, and Greek had all seen the ax.
Part of the problem is that teaching at Lowell is a popular gig no one wants to lose. “There’s always the fear that a diminishing number of students taking certain classes leads to a change in who gets to teach classes and teach at Lowell,” social studies teacher Ken Tray told us.
It’s particularly rough in the language department, where changing preferences can mean the end of a job. “Other departments don’t have competition or concern that there will be enough kids signing up to teach their classes,” Tray said.
Ong, who decides which language classes to save (and who should teach them), denied there was any favoritism. “If you look at the whole picture, what is lost here? Nobody lost their job,” she said. “People can say I favor the lesser languages. I protect all languages as department head.”
Then there’s the AP issue.
Nearly 100 percent of Lowell students graduate, nearly all continue on to college, and the school’s basic requirements are geared toward getting them into at least the University of California system. Unlike many other schools, Lowell doesn’t limit the number of Advanced Placement, or college-level, classes a student can take, and many kids use them to heavily spice their transcripts and entice college admissions counselors.
For teachers, the advanced curriculum of AP classes is a chance to be challenged along with the kids. “Among teachers, there’s no shortage of desire to teach AP,” said Bryan Ritter, who teaches AP English.
And the school is happy to provide as many AP classes as it can. According to San Francisco Unified School District (SFUSD) policy, for every 20 AP exams that are taken by students, the district will fund one additional AP class. So 100 students testing means additional funding for one new teacher. “At Lowell we make a bundle off of that,” said Terry Abad, president of the Lowell Alumni Association.
The money is deposited in the school’s general fund, but rather than hire additional AP teachers, Lowell’s administrators ask staff members to teach multiple sections of AP classes. By doubling and tripling the number of AP classes one teacher instructs, the school frees up thousands of dollars to pay for other school services.
“From a financial perspective, if teachers weren’t teaching AP, we wouldn’t be able to fund school,” Abad said. “Without AP money Lowell would be a disaster.”
But another disaster is in the works, with overburdened teachers looking to dump classes and underburdened teachers wishing they could have them. “The idea of AP is to give a very intensive college experience and give teachers the time to properly attend to those classes. The whole system has been corrupted,” said David Yuan, an English teacher.
Nowhere in the school is that more obvious than the language department, where one teacher has four Chinese AP classes. “It’s a tremendous amount of work,” Xiaolin Chang said. “I’m hoping next year someone else will teach.”
Hansen said these concerns have not fallen on deaf ears. Two subcommittees have been established for reviewing the numbers to determine classes and another “to create policies and procedures that are written, so that it isn’t ‘I like you, I don’t like you, you’re cute, or whatever, the kids like you better.’ So that there’s some process,” Hansen said.
She refused to allow teachers to review old data to see if favoritism had played into past decisions and defended the language department chair. “I feel that in the limited time that I’ve been here, Ms. Ong deals with a staff of at least 18 or 19, all of whom feel passionate about their language, a complicated scheduling process, and I think she does a herculean task. She has the support of the majority of the faculty, who trust her and believe that she’s doing the best she can.”
Despite the concession to be included in future decision-making processes, Raya continues to wonder why there hasn’t been more of an effort to find out who trashed his computer and to rectify the rumors. “People still think a student did it. I’ve gotten lots of cards and e-mails from people, all supportive, but they keep thinking it’s a student,” Raya said.
But that seems almost impossible to believe, since no students had access to the area and there was no forced entry, “I would be very, very, very surprised if it wasn’t an adult,” Lipman said. “The note said you’re making too many problems for this department — students don’t know that.”
The district hired a private investigating firm, Brubeck and McGarrahan, to look into the situation, and Ellen McGarrahan released the findings of her investigation to SFUSD legal counsel Nov. 20. Her report states that 15 people — all faculty or staff — were interviewed. The investigators were unable to reach any conclusions.
But not everyone who uses the room was questioned. “I’m shocked that they haven’t questioned everyone in the department,” said Lipman, who was not contacted by any investigator. “I’m surprised they didn’t ask everyone what they knew. It seems like that would be the logical thing to do.”
Instead, on Oct. 23, during the middle of the school day, Raya was called downtown by Inspector Milanda Moore for almost three hours of what felt like a full interrogation. “My mistake was I didn’t get a lawyer. I didn’t think I needed one. She duped me. She said it was an interview,” Raya said. He told the inspector he didn’t have a key to the building or any knowledge of the security code to quell the alarm and was at a class at City College the night before and working out at the gym the morning the vandalism was discovered.
“She said, ‘Why don’t you take a polygraph?” I said, ‘I have no problem doing it, but I’ll do it on the condition that every administrator, every faculty member, and every student do it.’<\!q>”
Raya told her, “I’m the victim! Why are you asking me?”
At Raya’s interrogation, one of the letters he wrote to assistant principal Peter Van Court was touted as an example of how Raya was capable of orchestrating his own hate crime. “She [Moore] said to me the language in the hate crime note sounds like the language I used to Van Court in my letter. I said, ‘Excuse me, there’s nothing in that letter that says faggot.’<\!q>”
Inspector Moore refused to comment on this case, except to say it was still open.
Hansen is not a popular principal these days. Since September she’s been “dropping in” on classes for short observations, which she says are a way to get to know the school and encourage a pedagogical dialogue.
In theory, this sounds exactly like what an engaged administrator should be doing — but the practice has had a hard launch as teachers have perceived it as an opportunity for the administration to unfairly critique them at their jobs.
“The principal started off the school year wanting to have this intense conversation about our teaching. Dropping into classes was initially portrayed as a collegial part of an ongoing process of a development exercise,” said Ken Tray, a social studies teacher and United Educators of SF union representative. Instead, the principal’s practice of dropping into classes to casually observe teachers has created a backlash against her style and approach.
“A record number of grievances have already been filed this year,” Tray said. “Last year we had one grievance the entire year, and there were some very serious issues that came up.”
“They’re clearly a lot more than friendly, getting-to-know-you visits,” Yuan said. “There are a lot of people that are unhappy. It’s tense. This is essentially a new policy.”
An unprecedented meeting Nov. 2 drew more than half the faculty to a forum to air their concerns. Their biggest gripes: a lack of trust, a rush to judgment, issues with communication, a sense of top-down management, and a real worry that teachers were being unfairly evaluated, which is a violation of the contractual agreement between the teachers’ union and the district.
“Lowell does not have to be fixed,” Tray said. “It’s creating a faux crisis. What’s the issue here? We have outstanding students doing outstanding work. More punitive measures from the administration seem out of place.”
Some say Hansen may be a good principal who’s just at the wrong school. “I think she’s probably a pretty good turnaround principal,” Yuan said. “Her approach is good for schools with more difficult students.”
“I think everyone is pretty much united,” school board member Eric Mar said. “The principal is autocratic and doesn’t resolve conflict. The principal chosen is the wrong person for the school, and that’s one of the root causes for the conflict.”
November is Transgender Remembrance Month at Lowell. GSA posters commemorating transgender victims of hate crimes hang throughout the hallways, and on a busy afternoon the students rush by them, their arms loaded with books, their ears pressed to cell phones, appearing like the young professionals they hope to someday be.
When asked why the students weren’t informed or brought together as a group to discuss a hate crime on their campus, Hansen said, “We can’t, first of all, have a schoolwide assembly. We have 2,700 kids and we have an auditorium of 900 capacity.”
And she said, “We wouldn’t generally broadcast this kind of information. Whenever a computer’s stolen or something terrible happens, we don’t tend to broadcast it.”
However, the day before the hate crime was discovered, another teacher’s tires were slashed. Hansen went on the school’s broadcasting system, Radio Lowell, to denounce the slashing as an inappropriate way of dealing with anger and asked anyone in the community with information to come forward.
That wouldn’t necessarily be the way to handle a hate crime, but according to other professionals in the field, secrecy isn’t always the best route either.
Al Adams has handled a few hate crimes during his 19 years as a principal, even writing about a 1994 incident at his school, Lick-Wilmerding High, for the National Association of Independent Schools newsletter. He titled his article “When Homophobia Rears Its Head.”
“My rule of thumb with anything like this is to be open and honest and candid about it. That always goes a long way. Make sure the victim feels safe and also search out teachable moments,” Adams said.
“The most effective treatment of a hate crime is to shine the spotlight on it and make the perpetrators accountable,” said Sam Thoron, who recently retired after six years as national president of Parents for Lesbians and Gays (PFLAG), an organization he’s been involved with since his daughter came out in 1990.
He said there’s a fine line between shining a light and making too big a deal, but “burying something like this tends to make it worse.
“I would expect the school to make a clear and public statement that this is not acceptable, but it’s awful easy to hide these things.”
Barbara Blinick, faculty sponsor of the GSA, was worried about the lack of candor. “That was a fault. I do think that could have been done better. [Hansen] made a choice not to make it public. But everyone knew about it, everyone was talking about it, and that’s why the GSA wanted to respond.” Blinick spoke with Hansen shortly after the incident and arranged for the GSA to do the outreach.
“The students have been really brave and thoughtful and working so hard,” Blinick said. “We all agree it took too long, and some of the tardiness was that we wanted it to be perfect.”
On Nov. 30, more than two months after Raya discovered his defaced desk, an outreach bulletin written by the GSA was distributed to the students, with a cover letter from Hansen denouncing homophobic discrimination but without specific mention of Raya or the hate crime that happened in the school.
Communities United Against Violence does outreach in the SFUSD through a speaker’s bureau, a program founded by Sup. Tom Ammiano. The group is often contacted by schools after a hate crime occurs, and since 1978 some 70 volunteers have been visiting schools such as Washington, Galileo, Ida B. Wells, and Mission to talk about what it takes to have an open and supportive community, “but we don’t get invited to Lowell,” program director Connie Champagne told us.
“They need to be coming here,” Blinick said. “That’s a really easy way to talk about these issues. They should be hitting every 10th-grade classroom, and I thought that they were.”
The private investigator’s report has been finalized, with no conclusion about who may have targeted Raya. The city’s investigation is ongoing and already reeks of a case gone stale for lack of evidence and witnesses.
Nothing further about it has been said to the faculty, and nearly everyone questioned by the Guardian said they hoped to hear something more soon. Conditions in the department haven’t necessarily improved, and veteran teachers are already looking forward to the end of the year.
“Who did it? That piece needs to get solved for them to move forward,” said the mediator, Lynda Smith, who, after two sessions, was not invited back by the administration.
“I’m so discouraged now,” Raya said. “I’m just at low ebb. I’m really disgusted. I don’t want to leave Lowell. I love Lowell. I’m addicted to Lowell. But the morale is so low I think it’s going to be my time to go. I never thought I would.
“The sad part is it’s not the kids. They’re the ones I will miss the most. It’s sad that this has to prompt me at 50 years old, spending more than half my life in this profession, to decide that this is the time to quit.”

Guardian Guide: Hotspots for fresh crab

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As winter rolls into the Bay Area, a happy tradition takes hold: Crab fever! Dungeness crabs have been flooding Fisherman’s wharf longer than the tourists have and this December is no exception. Just like all things inherently San Franciscan, there’s a flavor for every palette. Whether you like it plain, Vietnamese, Italian, Cajun or Californian, like it you will. Check out some of our picks for fresh Dungeness delight.

PPQ Dungeness Island Vietnamese Cuisine

Moderate prices and a casual atmosphere keep crab lovers focused on what’s important, the house specialty — whole garlic roasted crab. For variety you can also try the peppercorn crab. Either way the complementary plastic bib is right, “It’s time to get crackin!”
2332 Clement, SF; 415- 386-8266, www.ppqdungeness.com
Lunch: Wed-Mon 11am-5pm
Dinner: Wed-Mon 5pm-10pm
Closed Tuesdays

R & G Lounge

Located just outside of San Francisco’s historic Chinatown, R&G Lounge provides Cantonese style crab for all occasions. If you’re dressed to impress or looking for a good place for a business meal, the upstairs area provides crab lovers with a fine dining atmosphere. The casual downstairs area is perfect if you’re with the kids or just looking to relax with friends. No matter where you sit the live battered crab, deep-fried and sprinkled with salt and pepper, is delicious. Reservations recommended. Parking validated.
631 Kearny, SF; 415- 982-7877; www.rnglounge.com/
Open 7 days, 11am-9:30pm

Hayes Street Grill

When the chef makes a daily morning call to the fish man to find out what looks good that day and bases the daily menu on the report, you know this is a must-eat destination during crab season. The Hayes Street Grill is centrally located in Civic Center near the Performing Arts Center, the Opera House, and Davies Symphony Hall. On performance nights, if you don’t want to sit at the bar, reservations are essential. On non-performance nights reservations are recommended, but walk-ins are also welcome. This season’s special: Cracked half Dungeness crab with aioli, avocado, and dirty girl (pink and white) beet salad. Prices are reasonable, especially considering other nearby options.
320 Hayes, SF; 415-863-5545, www.hayesstreetgrill.com
Lunch: Mon–Fri 11:30 am-2 pm.
Dinner: Mon-Thu 5pm-9:30 pm, Fri 5pm-10:30pm, Sat 5:30pm-10:30 pm, Sun 5pm-8:30 pm.

Swan Oyster Depot

For those of us looking for no-frills fresh Dungeness crab, Swan Oyster Depot has our lemon waiting. The season’s specialties are Crab Louie, crab cocktail and ½ cracked crab. Arrive early and wait your turn to cozy up with other restaurant-goers at the long, narrow marble bar. Don’t worry, the owners are friendly, the staff entertaining and your neighbors are ready to meet you. If you want to skip the social gathering and take the Dungeness party home, Swan Oyster Depot is also a market with competitive prices and fresh seafood.
Nob Hill, 1517 Polk, SF; 415-673-1101
Mon-Sat 8am-5:30pm
Closed Sundays

Thanh Long

Thanh Long was founded by the An family in the ‘70s as one of San Francisco’s first Vietnamese restaurants. It has since evolved into right of passage for high-end crab loving adventurers, who are not afraid of a commute to the Outer Sunset. The garlic roast crab is the house specialty, composed of a fresh roasted Dungeness Crab, An’s garlic sauce and secret spices.
4101 Judah, SF; 415-665-1146, www.anfamily.com
Tue-Sun 4:30pm-10pm, Fri-Sat 4:30pm-11pm
Closed Mondays

Crustacean

If you’re in the mood for a dressed up crab night, Crustacean supplies chic décor and Euro- Vietnamese fusion. One of the two sister restaurants to bud from Thanh Long, Crustacean offers all the secretly prepared house specialties of its predecessor, but includes dishes with more European influences. These long kept family secrets are well guarded at Crustacean; there is a separate kitchen that only family members are allowed to enter from which waiters receive the food through a slot. If you’re not curious yet, you will be after your first taste. Valet parking.
1475 Polk Street, 415.776.2722
Lunch: Fri-Sun 11:30am–3:30 pm
Dinner: Sun-Thu 5pm-9:30 pm, Fri-Sat 5pm-10:30pm

Scoma’s Fisherman’s Wharf

Located in the hub of fisherman’s wharf, Scoma’s offers a thorough Dungeness crab experience for both tourist and native alike. Using their mother’s recipe collection, the Scoma brothers founded this Italian style seafood restaurant 40 years ago. What started as a breakfast and burger spot for fishermen has since turned into a 350-seat family restaurant, equipped to satisfy every seafood lover’s need. Scoma’s even has its own fish receiving station where you can watch the Dungeness crab being loaded off the boats and into the kitchen. Recommended this crab season are the crab leg sautee and the Crab Louis. Portions are large enough to justify the prices, and some of mom’s recipes are available online, which is better than a doggie bag.
Pier 41 Al Scoma Way, SF; 415-771-4383 www.scomas.com
Sun-Thu 11:30am-10pm, Fri-Sat 11:30am-10:30 pm

Eagle Café

No matter what the time of day this crab season, the Eagle Café is a great place to casually enjoy the view off Pier 39. If you’re a (crabby) morning person, try their a Dungeness crab omlette or the Crab Cake Benedict for breakfast. You can even wash it down with a Crabby Mary, a Dungeness Bloody Mary that comes with a straw, a fork and crackers. For a post-sunset visit, try their signature WOW crab sautéed with ginger, garlic, scallions and oyster sauce. For the basics, a cold Dungeness is served half or whole with freshly grated horseradish.
Pier 39, SF ; 415-433-3689, www.eaglecafe.com
Open 7 days, 7:30am-8pm
Bar open until 10am

Andrew Jaeger’s House of Seafood and Jazz

For three generations the Jaeger family served up authentic Cajun and Creole fresh local seafood in New Orleans to the tune of nightly jazz music. A year ago, Chef Andrew Jaeger decided to bring the Jaeger tradition to North Beach. With live jazz every night starting at 7:30pm and fresh Cajun/Creole Dungeness crab specials, Jaeger’s truly has something to offer that you can’t get anywhere else in North Beach – and, at present, anywhere in the country. The original restaurant is currently closed due to the events following Hurricane Katrina. So if you love jazz, or just like jazz but love crab, try the Crab-o-rama (crab cakes AND a half a crab) or the BBQ crab. If you’re local (SF and Bay area residents included), sign up for a Jaeger card and receive 25% off drinks by the glass, get pre-fix specials round the clock and free admission on weekends to the bar for you and all your guests, which is usually
300 Columbus, SF; 415-781-8222, www.condorsf.com
$3-5.
Mon-Thu 5:30pm-after midnight, Fri 5:30pm-2am, Sat-Sun 2pm-2am

Judge slams daily-paper monopoly

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It’s rare to see a federal judge slap down two of the nation’s biggest media corporations, accuse them in effect of lying and declare that their intentions are illegal. That’s what Susan Illston did Nov. 28 in a ruling that barred Hearst Corporation and Dean Singleton’s Media News Group from combining sales and business operations in Northern California.
It’s a stunning legal document: The judge exposes in some detail the plans of the two big companies to collaborate with each other on sales and distribution, undermining any pretense that there will be real competition in the Bay Area daily newspaper market.
The ruling came as part of a lawsuit by real-estate investor Clint Reilly, who is doing as a citizen what the state and federal justice departments have refused to do. He’s challenging the right of Singleton and Hearst to create a regional daily paper monopoly.
Reilly sued to block Singleton from buying the San Jose Mercury News, the Contra Costa Times, the Monterey Herald and some 30 other smaller papers, a move that would give the Denver media magnate a virtual monopoly on daily newspapers in the region. (Singleton already owns the Oakland Tribune and the Marin Independent Journal). Singleton’s lawyers argue that the deal isn’t actually eliminating competition, since the San Francisco Chronicle, owned by the Hearst Corporation, is still a major competitor. And in fact, in part of the basis of that argument, Illston rejected Reilly’s original attempts to put the deal on hold.
But there’s a strange aspect to the sale: Hearst put up $300 million to help finance the buyout, and in exchange was slated to get stock in some of Singleton’s properties outside of California. Reilly found that fishy, but at first, the judge disagreed.
But over the past few months, as Reilly’s lawyer, Joe Alioto, has sifted through a huge pile of discovery material, a key piece of evidence has come to light. It turns out that Hearst and Singleton quietly had a plan going to sell ads together and to combine their Bay Area distribution operations. In other words, the ostensible competitors were really going into business together.
“”The Hearst Corporation and Media News Group Inc. agree that they shall negotiate in good faith agreements to offer national advertising and internet sales for the San Francisco Bay Area newspapers on a joint basis,” an internal letter that Alioto uncovered states. The April 26, 2006 letter, from Hearst Senior Vice President James Asher to Joseph J. Ludovic IV, president of Media News, also states that the companies will work to “consolidate the San Francisco Bay Area distribution networks of such newspapers.”
That sort of arrangement is very similar to the joint operating agreements that were popular in the 1970s and 1980s. Under JOAs, two competing daily papers would combine their business functions while operating separate newsrooms. It was immensely profitable for the JOS publishers – and horrible for readers and advertisers. Without any ecnomic inventive to compete, the papers gave up on their duties as watchdogs of the public trust. The San Francisco Chronicle and Examiner operated under a JOA for many years.
The letter, Illson wrote, “casts doubt on the Court’s earlier finding that the San Francisco Chronicle is a strong source of competition for [Singleton’s] newspapers.” She added that the arrangements “appear inconsistent with the notion [cited by Hearst’s lawyers] that … Hearst ‘is specifically not going to be involved in [Singelton’s] Bay Area newspaper properties.’” That’s legalese for saying that the giant newspaper barons at the very least misled the court.
In fact, Illston states that she “is not wholly convinced that the arrangement now described by defendants would be legal.” The point: advertisers seeking to buy space in a Bay Area daily paper might wind up with having exactly one choice – the combined Singleton-Hearst operation – a situation that would violate antitrust laws.
“Such agreements, the mere existence of the letter, and the cooperation between Hearst and Media News they reflect, increase the likelihood that the transactions at issue here were anti-competitive and illegal,” Illson wrote.
In open court, Alioto argued that the Hearst-Singleton side deal was the lynchpin that made the entire complex purchase deal possible. That would mean that from the start, officials from Hearst and Singleton had agreed to join forced and end daily competition in the Bay Area.
Illston didn’t toss out the entire Singleton deal, ruling that if Reilly succeeds in proving the deal illegal, it can be undone later. But she did issue a restraining order blocking the parties from entering into any of the joint operations that were described in the April 26 letter.
The amazing thing about all of this is that it came to light only because Reilly was willing to put up his own money to take on the case. The U.S. Justice Department was happily allowing it to sail forward. California Attorney General Bill Lockyer had done nothing to toss even a pebble in the path of the merger steamroller. That’s not just terrible public policy – it’s embarrassing. With this new evidence now available, Lockyer and the feds should immediately go into court and join with Reilly to seek a permanent injunction against the entire deal and to force Singleton to divest some of his properties so that some semblance of competition will exist in the local daily newspaper market.
The ruling raises a troubling question: What’s in all of the other secret documents are out there? What other plots and plans were the newspaper owners hatching? We don’t know – because the publishers, who love to describe themselves as staunch supporters of open government, have demanded that every piece of paper in the case be kept under court seal. That’s wrong: The papers certainly can’t claim that competitive trade secrets are at issue, since they clearly had no intention of competing. So why the secrecy? Judge Illston should lift the seal and open all of the records in this case to the public.

PS: The mighty U.S. Justice Department can lock 24-year-old Josh Wolf in prison for standing up to his First Amendment rights, but can’t seem to lift a finger against big newspaper publishers. Lovely.

Seven-story sneak attack

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› news@sfbg.com
Marina residents who thought they scored a victory against the developer of an oversize hotel have been surprised to discover that Planning Department officials, working with a permit expediter, had quietly moved the project forward anyway.
At issue is the plan by an out-of-state developer to demolish the Lombard Plaza Motel and build a larger hotel on the spot. More than three years ago a Florida developer obtained a conditional use permit to construct a new seven-story tourist hotel of nearly 50,000 square feet on a lot containing about 13,600 square feet at 2026 Lombard. The new structure would dwarf the motel, which is approximately 8,000 square feet.
Concerned residents, with the help of San Francisco land-use attorney Steven Williams, appealed the conditional use permit to the Board of Supervisors. After a lengthy public hearing, the board passed a motion in September 2003 basically saying that the hotel as planned was too big and therefore that the developer would have to make the building smaller.
After the board issued its ruling, the developer waited two years and nine months before submitting a revised proposal to the Planning Department. By that time, Williams and the residents had all but forgotten about the matter. The board, after all, gave the developer three years from September 2003 to obtain its permits; there was no chance, given the amount of time the developer had permitted to elapse, that it could submit new plans and obtain all of the necessary regulatory approvals by Sept. 30, 2006. Or at least that’s what Williams and his clients believed.
No one alerted the residents when the developer submitted its new plan in June. The developer hired a high-powered permit expediter, Jaiden Consulting, and almost immediately thereafter, the Planning Department issued a site permit. Neither Jaiden Consulting nor the developer returned the Guardian’s calls for comment.
Williams told the Guardian it normally takes weeks or months for a permit to be issued. In this case, the developer submitted its new proposal the Friday before the Labor Day weekend, and the Planning Department issued the permit the following Tuesday.
Deviating further from procedure, the Department of Building Inspection issued the permit even though the Structural Advisory Committee had not yet conducted a peer review of the project. The board’s 2003 motion explicitly made the issuing of permits conditional upon such a review. Williams brought this fact to the Planning Department’s attention, and on Sept. 21 zoning commissioner Lawrence Badiner directed the Department of Building Inspection to suspend the demolition permits pending a structural review.
The suspension finally gave Williams and the residents the opportunity to review the developer’s new plan; they quickly discovered that it did not conform to the conditions they believe the board mandated in its 2003 motion. They say that the hotel as conceived is still much too large and would encroach upon their privacy, light, and airspace. But the Planning Department didn’t see it that way.
The matter has been hanging in limbo even though District 1 supervisor Jake McGoldrick, who sponsored the board’s 2003 motion, sent department officials a letter in which he agreed with the residents’ position and clarified the board’s intent in passing the motion.
The Planning Department responded that McGoldrick is only one supervisor and that his understanding of the motion’s language does not necessarily reflect that of the other board members. For that reason, McGoldrick talked to the other supervisors who were active when the motion was passed; with one exception, they all agreed with his interpretation. McGoldrick communicated that fact to Badiner.
It’s still unclear how the Planning Department will resolve the conflict, but — no matter how it settles the dispute — the story should serve as a cautionary tale for all city residents. Even if you’ve followed the dictates of city process and obtained what you believe is a fair outcome, beware: some officials seem willing to ignore the rules to favor companies backed by well-connected lobbyists. SFBG

The morning after

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› gwschulz@sfbg.com
The plight of newspapers is a popular news story these days, from a late-August cover package in the Economist (“Who Killed the Newspaper?”) to National Public Radio’s On the Media last week (“Best of Times, Worst of Times”).
It’s usually told as the story of an industry on its deathbed, bleeding from self-inflicted wounds and those delivered by Wall Street, Main Street, Craigslist, and the blogger’s laptop. Ad revenues have nose-dived in recent years. Circulation is down nationwide. Journalism scandals and shortcomings have damaged the whole profession’s credibility.
And staff newspaper blogs alone won’t be enough to bring a new generation of tech-savvy Americans back to hard-copy publications that even smell stodgy and old.
Yet the bottom line is still the bottom line. The truth of the matter is that many publicly traded newspaper companies have healthy profit margins ranging between 15 and 20 percent. But the tendency of the doom and gloom business press to sensationalize bad news may actually make things easier for William “Lean” Dean Singleton, the cost-cutting king of Denver-based MediaNews Group, which recently announced a round of staff reductions at its Bay Area newspapers. The cuts came amid claims of a massive dip in ad income just a few months after Singleton promised that his company’s buyout of local newspapers wouldn’t diminish the quality or quantity of journalism here.
“Given continued declines in revenue, we need to reduce expenses significantly, and thus have no alternative but to implement a reduction in [the] work force,” George Riggs, who was recently appointed to lead the company’s Northern California operations, told employees in a memo Oct. 20. Several such memos have now been posted on the Internet.
If this is how quickly the news biz can turn ugly, it’s a wonder MediaNews was attracted to print journalism in the first place. Who knows what newspapers around here will look like in another few months? How much fat can they trim before they start hitting bone?
They aren’t just cutting staff. The Bay Area’s newspaper establishment is now outsourcing work to circumvent those pesky labor unions. The press operators’ union at the San Francisco Chronicle — which was the sole union holdout against management’s demand for expanded control and decreased benefits — could disappear in three years as a result of a new printing contract with a Canadian company. MediaNews recently announced plans to outsource ad production positions to India.
Consolidation already has amounted to fewer reporters covering individual stories that are distributed to several publications, including at least one story about the latest layoffs. That means fewer editorial perspectives on key public policies (and possibly fewer editorial positions) for readers in a market that’s notorious for its high intellectual demand and robust political participation.
Only an ongoing federal Justice Department investigation and a civil lawsuit threaten to slow down big changes going on at the Bay Area dailies. A federal judge ruled just before deadline in real estate mogul Clint Reilly’s antitrust claim against the Hearst Corp., publisher of the Chronicle, and MediaNews that for now, at least, the two could not combine circulation and advertising operations to save money.
The companies had secured a court order sealing key records unearthed during discovery, including depositions and exhibits, citing the right to protect confidential trade secrets. It’s an ironic move for a group of papers that have regularly sued government agencies for public records and made a great show of their First Amendment pieties.
Federal Judge Susan Illston on Nov. 28 blocked the two companies from merging some advertising and distribution operations, a consolidation she said was probably illegal under antitrust laws. And she sounded her concern that Hearst isn’t the “passive equity investor” it had represented itself in court to be. She also revealed the contents of letters written in March and April by company executives: “Hearst and MediaNews will enter into agreements to offer national advertising and internet advertising sales for their Bay Area newspapers on a joint basis, and to consolidate the Bay Area distribution networks of such newspapers, all on mutually satisfactory terms and conditions, and in each case subject to any limitation required to ensure compliance with applicable law.” (For more extensive information on the ruling and related coverage, see www.sfbg.com.)
For those who regard newspapers as more of a public trust than an engine for deep profits, the future is starting to look a bit unsettling.
When Singleton expanded his control over the Bay Area threefold last summer, he temporarily quelled some discontent by assuring skeptics that there were no planned changes in staffing and salaries as a result of the transactions.
“We’re looking forward to doing a lot of good things here in Northern California,” Singleton told San Jose Mercury News staffers, according to the paper’s story on the buyout.
But employees at the papers still had every reason to be nervous about Singleton’s $1 billion takeover of the Contra Costa Times, the Mercury News, and other papers from the Sacramento-based McClatchy Co.
MediaNews already owned the Oakland Tribune, the San Mateo County Times, and the Marin Independent Journal among others in California before it carved excess properties out of McClatchy, which had grown too large following its purchase of the Knight Ridder chain earlier this year.
The purchases allowed Singleton to seize almost complete control of 14 metropolitan and suburban media markets. The only remaining daily print competitor in the Bay Area was the Chronicle and its parent company, the Hearst Corp., which subsequently purchased $300 million in MediaNews stock, a deal the feds are still investigating. When the transaction with Hearst was finalized, top executives at MediaNews were collectively awarded about $2 million in bonuses.
Some profiles of Singleton have depicted him as a good old-fashioned newspaper journalist, but knowing his cost-cutting reputation, only a fool would assume there were no plans to consolidate major operating functions to save money regardless of any promises made. Singleton has always been more about business than news.
Clustered ownership and shared management were prominent features of the company that MediaNews presented to investors at a Deutsche Bank “Global High Yield” conference in October. An April letter that reappeared in federal court last week during a hearing in Reilly’s suit confirmed that MediaNews and Hearst hoped to shed costs by possibly combining circulation and advertising operations.
Layoffs are also a big part of Singleton’s MO. Respected but tough Contra Costa Times editor Chris Lopez was let go in October because he’d become “redundant,” according to a memo company executive John Armstrong sent to employees.
“That came as a shock to a lot of people in the newsroom,” one source at the paper told the Guardian. Known for handing cash rewards out of his wallet to reporters who nailed concise stories for the front page, Lopez had attempted to play down Singleton’s reputation when the purchases were announced. Lopez had been at the paper for more than six years and had helped earn Singleton a Pulitzer Prize during a six-year stint at the company’s flagship Denver Post, received for its coverage of the Columbine shootings.
“In better times, we might have found a way to ignore an extra position or two or even three,” Armstrong wrote in the memo.
Lopez insisted to the Guardian in a phone interview that he had proposed his own termination to ease anticipated cuts elsewhere.
“My layoff from the paper was not unexpected,” Lopez said. “It caught the staff off guard, but I saw it coming. I made the recommendation. I was trying to save some jobs in the newsroom.”
The loss of an experienced editor may have saved some jobs … for now. But maybe not for long. Reporters have been asked to summarize their beats for managers to determine how they can cover single subjects for a number of papers. The idea seems to be maximizing staff output rather than ensuring broad coverage of the communities.
A story about Lopez’s departure written by a Times reporter also appeared on the Merc’s Web site. MediaNews is also looking into multimedia deals with local TV stations and arming reporters with cameras for podcasts, one source told us.
Armstrong told the Guardian in a phone interview that opinion columnists, for instance, could still cover the same stories. “But we had found some situations where reporters were sent to the same events like Oakland [Raiders] away games.” He said offering buyouts to staffers has been “successful,” but it wasn’t enough to stem declining revenue, triggering the need for “involuntary” layoffs.
All of this may make sense from a strictly economic perspective. After all, doing more with less is a widely accepted imperative for profit-driven corporations. But there is a public price that will be paid for this reality: Bay Area citizens will get less original reporting and fewer perspectives on the news.
A former senior staffer at a major Bay Area daily wrote an open missive outlining recent major stories covered by fewer reporters: “Three months after MediaNews Group added two major Knight Ridder dailies to its far-flung Northern California newspaper group, news coverage is well on its way to being homogenized in this formerly competitive market.”
The observation is borne out by a Guardian survey of three major MediaNews papers. Out of 10 top recent cultural and political stories in the Bay Area, nine were covered by the same reporter, who wrote the same article for all three papers. (For details, visit www.sfbg.com.)
Under the recent layoff announcement, the Merc could lose up to 101 employees, half from its newsroom, while more than 100 business-side positions will be reportedly moved to a new, nonunionized San Ramon office of the California Newspapers Partnership (CNP), a consortium of companies including Gannet Co. and Stephens Group that helped MediaNews fund its recent purchases. The centralized San Ramon space could continue to fill up with employees from the business side of the papers who have been forced to reapply for their jobs under the CNP corporate moniker. They would presumably fall out from under union protection.
The company’s Peninsula and East Bay papers saw cuts across their operations from Walnut Creek to San Mateo. Armstrong told the Times the layoffs were “broad but not deep.” East Bay Express writer Robert Gammon, a former Tribune reporter and union organizer, revealed in early November that MediaNews planned to leave behind the Tribune’s historic downtown tower and move many of its staffers to the San Ramon office. News-side functions could be moved to a cheaper spot across from the Oakland Coliseum.
“The question is how do we continue to put out a paper people want to read if we continue to cut further?” Luther Jackson, executive officer for the San Jose Newspaper Guild, which represents almost 500 workers at the Merc, asked the Guardian. “I have a concern that when newspapers face increased competition for advertising, why are we cutting service? Does it work for readers? Does it work for advertisers?”
The Bay Area isn’t alone. In the complex transactions that took place over the summer, Hearst bought the St. Paul Pioneer Press from McClatchy and shifted it to MediaNews in exchange for stock in the company. At the Pi Press, as it’s known in Minnesota, 40 positions were cut in November. A MediaNews paper in Los Angeles, the Daily News, recently axed its publisher and 20 other workers.
MediaNews enraged union workers at the Merc when it offered them a contract during September negotiations that was unlike anything they’d seen at the paper before. The company has since toned down some of its harsher demands but asserted that if a tentative agreement were accepted by Nov. 30, the Merc might see fewer layoffs, Jackson told the Guardian.
The proposal would grant management the right to modify insurance coverage without telling the union, freeze the paper’s pension plan and replace it with a 401(k), and change the types of work that could be assigned to nonunion employees. It would also allow the paper to hire new workers at “market-rate” salaries, which means their pay increases could be capped at lower rates.
The company may choose to simply not replace costly veterans who are retiring or accepting buyouts, meaning cub reporters could find themselves with fewer seasoned mentors around to help teach them government and private sector watchdogging.
The guild foresees losing nearly 200 members if the full number of layoffs and worker transfers are carried out. And many guild members fear it may also mean the beginning of the end of newspapers as we know them.
Corporations have the right to see to their bottom lines. But communities and individuals also have a right to the fruits that independent, competitive journalism bestows. And that’s the right being asserted now in civil court by Clint Reilly.
While federal and state investigators have largely been idling, Reilly sued Hearst, MediaNews, and its other business partners last summer. He asked Judge Illston to temporarily halt the transactions until the trial begins in his antitrust claim against the companies. She denied Reilly’s initial request for a preliminary injunction, in part because the Hearst investment had not been officially inked, even though the trial isn’t expected to start until this spring.
In her opinion, however, she suggested parts of the deal were troubling and has not ruled out forcing MediaNews to give up some of its newly acquired assets. Earlier this month Reilly’s attorney, Joe Alioto, again asked the judge for an injunction. The renewed appeal was inspired in part by the recently announced job cuts.
The plaintiffs are arguing Hearst and MediaNews previously withheld a letter from the court that the two companies had signed agreeing to discuss the possibility of combining some circulation and advertising functions to save money. In his request Alioto told the judge the companies were “rapidly consolidating, commingling, and irrevocably altering their San Francisco Bay Area newspapers so as to frustrate this Court’s ability to provide an effective remedy for their antitrust violations.”
During a tense hearing last week on the matter, Alioto asked that top Hearst and MediaNews executives be ordered to testify immediately. He suggested Hearst’s board of directors would never have agreed to invest $300 million in MediaNews if it couldn’t also merge distribution and ad sales with its competitor.
“I don’t think there is any doubt that they intend to end up with newspapers that are very different than they are today,” Alioto said. He wants any such discussions stopped by the court, adding, “We believe they intend to wipe out the possibility of any of these papers to remain freestanding. These papers will not be the same within a very short amount of time.”
Hearst attorney Daniel Wall angrily fired back that no one was trying to deceive the court with a price-fixing agreement and that the companies were merely discussing the possibility of “pro-competition collaboration,” which Wall described as a business partnership lawfully permitted by the Justice Department. He disclosed that the Chronicle was bleeding millions of dollars annually, partially because of lost revenue to the Web, and exclaimed that drastic cost reductions were necessary to keep the paper alive.
“These are tough times for newspapers, and they need to take cost out of the system,” Wall told the judge. “They need to find new revenue streams.”
Hearst has already faced something akin to all of this before. Reilly sued it in 2000 when the company bought the Chron and attempted to nix competition by shutting down its long-held San Francisco Examiner. Reilly didn’t block the deal, but the Justice Department forced Hearst to keep open the reliably conservative Examiner, today owned by another Denver-based company.
This week Illston ruled that Hearst and MediaNews must temporarily stop any agreements to combine advertising sales and distribution networks until Dec. 6, when she’ll decide whether to extend her prohibition on merging business operations.
Reilly has emerged over the last decade as a serious pain for corporate media executives and unshakable critic of concentrated newspaper ownership in the Bay Area. His most recent lawsuit charges that the Hearst and MediaNews partnership would dilute fair competition and limit alternatives for both readers and advertisers.
“They started the blood flow with the firings,” Alioto told reporters after the hearing. “We think when they’re done with this they’re going to have entirely different newspapers.”
Recent job losses don’t stop at just MediaNews. The Chronicle is getting in on the action too.
Divisive contract negotiations between the Chronicle and the Web Pressman and Prepress Workers Union Local 4 over the last two years ended recently when the union “reluctantly approved” an agreement, union treasurer Paul Kolter told us. The union was the last holdout at the paper to accept drastically reduced workers’ rights.
By successfully pushing its will on the unions, Hearst has virtually ensured that the press operators won’t pose much of a threat to the company anymore, because around the same time it signed a $1 billion outsourcing deal with the Canadian printing company Transcontinental.
The union’s new contract is up in about three years, and there are no assurances Local 4 will have any workers in the new plant Transcontinental has promised to build. That could mean the end of its relationship with the Chronicle and about 225 workers from the paper that it represents.
The previous contract ended in the summer of 2005, and under the paper’s new publisher, Frank “Darth” Vega, management called for drastic cuts in salaries and benefits. The two groups spent several intervening months battling over the proposed changes.
In July, Vega prepared the paper for a strike, issuing a memo that outlined exactly how to keep the paper operating throughout a work stoppage, and hired a notorious security firm that specializes in handling labor disputes.
The union points out that while the Chronicle complains of massive financial bloodletting, its parent company, Hearst, has somehow scraped together enough money for a brand-new $500 million office building in midtown Manhattan, the construction of which was completed over the summer. The company also sold the sprawling 82,000-acre ranch that surrounds Hearst Castle to the state early last year for nearly $100 million. It was once home to the notoriously belligerent and imperialistic newspaper magnate William Randolph Hearst.
Union members say there are wide ramifications to what’s happening here. In July the World Association of Newspapers published a report describing how more news services globally, including the New York Times, were outsourcing major tasks, even news reporting, to save money.
“There are a lot of labor unions that have an interest in what is happening with us,” Local 4 organizer and press operator Bruce Carlton told members at a meeting in late October. “If this flies, it will be a blueprint on how to break unions. We will be sent back into the ’30s.”
The mood is dark for many employees working under MediaNews and Hearst. The scrappy feel and hard-driving reportage of the CoCo Times under Lopez and Knight Ridder are believed by some to be at risk following the purchases. “No one thinks we’re going to be a better newspaper because of this,” one source at the paper told us.
In another memo MediaNews executive Armstrong wrote to Bay Area staffers last week, he stated that the company, in fact, predicted its “advertising revenue challenges.”
“We have no additional job reductions planned due to economic conditions, but we cannot guarantee that additional reductions might not be necessary in the future,” he wrote. “Our job level is dependent on our revenue performance.”
The memo also shows that the company plans to sell an office in Danville and two parking lots in downtown Oakland.
News accounts depicted third-quarter earnings for MediaNews based on Securities and Exchange Commission filings as a windfall profit caused by its purchases of the Times and the Merc. But the company’s ad revenue and circulation are actually down a few percentage points, and it made $16 million from the July sale of an office building in Long Beach, which offsets a simple analysis of its financial standing.
It’s still a company that topped $1 billion in revenue last year, a figure that has increased steadily since 2002, but Singleton has never feared doing business with loads of debt on the books, which he’s always used to fuel new purchases. For the Bay Area papers, MediaNews took on a $350 million bank loan in August.
MediaNews has still managed to take recent dire economic forecasts to a fever pitch despite its confidently large debt burden, enabling the company to implement a business model that’s hardly new for Singleton. He knows how to make money. Interestingly, for an industry that’s supposedly on the ropes, several billionaires (who didn’t become wealthy by investing poorly) have in the last few weeks publicly expressed interest in purchasing some of the nation’s largest dailies.
The Boston Globe noted earlier this month that rock industry tycoon David Geffen and grocery chain investor Ron Burkle were considering a bid for the Tribune Co., which owns the Los Angeles Times. That paper recently endured a major shakeup when a top editor was fired for refusing to execute job cuts demanded by the company. Former General Electric CEO Jack Welch has considered a run for the Globe, and more buyout rumors have floated around the Baltimore Sun and the Hartford Courant. Such deals could signal a fundamental shift in how newspapers are regarded with respect to their newsgathering responsibilities.
“Geffen has reportedly told associates that he’d be happy with returns comparable to the 3 or 4 percent he might get from municipal bonds,” the Globe wrote. Others have discussed turning individual newspapers into nonprofits.
But Singleton probably isn’t going anywhere, and a lot of people are going to have to learn how to get along with him around here, Texas drawl and all, unless the feds shut down his party.
Knight Ridder was a respected newspaper chain before investors grew restless and demanded greater short-term profit margins. It was sold earlier this year to McClatchy (begrudgingly for some top execs and Pulitzer-wielding journalists who openly fought with Knight Ridder’s financial backers prior to the sale). Knight Ridder posted a profit margin of nearly 20 percent in 2004.
Employees of the chain wrote a chilling open letter shortly before it was sold: “Knight Ridder is not merely a public company. It is a public trust. It must balance corporate profitability with civic purpose. We oppose those who would cripple the purpose by coercing more profit. We abhor those for whom good business is insufficient and excellent journalism is irrelevant.” SFBG

Campus crush

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› news@sfbg.com
It’s easy to forget about the Villas Parkmerced.
Nestled in the foggiest, most sedate corner of San Francisco, the 62-year-old planned community feels like a slice of suburbia for seniors and families.
“There’s grass. There’s trees. There’s traffic circles where the cars can’t speed too damn much and knock off the pedestrians,” says 82-year-old Robert Pender, a tenant since 1967. “It’s forgettable suburbia in urban San Francisco.”
But the peace has been shattered recently by word that San Francisco State University is laying plans to transform its campus into a smaller version of UC Berkeley — with little apparent concern for its neighbors just across the street.
The SFSU administration has been busy at work for the past year on a new campus master plan. University officials say the body of college-bound students in California is steadily increasing and a campus overhaul is needed to accommodate that growth by 2020.
The proposed expansion calls for a conversion of many of the two-story buildings on campus to four- or five-story structures, as well as the construction of new buildings for academic, housing, and cultural purposes. A new 250-room hotel at 19th Avenue and Buckingham, a new creative arts facility, and a new gym are also on the table.
The project’s chief architect, James Stickley, told the Guardian that the master plan is about making SFSU “efficient as an urban campus” and transforming its character from a commuter campus to a destination community. In 15 years, he said, university officials expect to have 25,000 full-time students at the university (an increase of 5,000 students), many of them living on campus and taking advantage of new amenities and commercial ventures within university borders.
It’s an ambitious vision that aims to attract more students and accomplished professors to the SFSU campus. Which is great news for just about everyone — except the tenants of the 3,400-unit Villas Parkmerced, who allege not only that they were forgotten during the university planning process but also that their neighborhood is now coming under attack.
“I would love to see SFSU come out as a premier university and to have a really strong image,” said Adriana Torres, a current Parkmerced tenant and former SFSU student. She was speaking at a meeting held Oct. 24 to assess the environmental impacts of the university’s proposed master plan. “But you are not taking into consideration us, the people who live next to the students,” Torres continued. “I think what this plan is doing is, in building your image, it’s eroding ours.”
The meeting was hosted by campus planner Richard Macias and was attended by more than 70 disgruntled Parkmerced residents.
One major area of contention is the university’s proposal for Holloway Avenue, which separates much of the Parkmerced community from SFSU. The university intends to transform Holloway into what Stickley called “a campus street,” with around-the-clock commercial stores at street level and student housing above, something akin to Berkeley’s Telegraph Avenue. The university already owns much of the residential property on the south side of Holloway.
But Parkmerced tenants still occupy about 70 percent of that housing, and in their minds, plans for the gradual conversion of that property “for University uses as current occupants vacate their units,” as a university notice put it, sounds a lot like a friendly eviction letter.
“I have lived in Parkmerced all my life,” Healeani Ting said at the Oct. 24 meeting. “My grandmother died here. My mother died here. I intend to die here. Would you have me living in a relocation camp for the homeless in Fresno?”
Parkmerced tenants also assert that SFSU has drastically underestimated the impact of 5,000 additional students on the neighborhood.
Parking — no surprise — is the biggest issue. The university notes in a preliminary environmental review document that “the bulk of the University’s parking needs is met through the multistory parking garage east of Maloney Field” and therefore it won’t be adding any additional parking spots to accommodate 5,000 more students. Parkmerced tenants maintain their parking situation is already a nightmare, thanks to students snatching up spots in their community.
“If you think that you’re going to confine the garbage, the noise, the disruption to all the residents by keeping everyone along Holloway, you’re wrong,” Michelle Miller, a resident of Parkmerced and the head of a local organization called Neighborhood Watch, said at the Oct. 24 meeting. “They filter out. They all want cars. If you keep your parking flat, that’s not going to work.”
University spokesperson Ellen Griffin told the Guardian that SFSU is interested in fostering a “collegial relationship” with Parkmerced tenants and the university will be taking their complaints seriously. University officials met with Parkmerced tenants Nov. 9 to discuss some of their objections. According to Parkmerced Residents’ Organization board member Arne Larson, the university said it would consider moving graduate students and professors to Holloway instead of pursuing the campus street idea.
Of course, SFSU doesn’t have to do any of that. As a state entity, the university has the authority to create and adopt its own plans without involving the San Francisco Planning Department.
The university is preparing an environmental impact report — but no matter what the document says, the project can move forward without city review or approval.
Sarah Dennis, a senior planner with the Planning Department, told us her agency is concerned with the project on two counts: first, the campus street proposal threatens to drain 945 units from the city’s already vulnerable rental housing stock; and second, the overarching plan endangers the basic historic and cultural resources of the city. The Villas Parkmerced is one of only four urban master plan communities in the country.
“We’re hoping that they’ll follow the good-neighbor policy and that we’ll have the opportunity to get involved,” Dennis said. “But again, that’s all up to them.”
District 7 supervisor Sean Elsbernd said that he too is concerned with the SFSU master plan.
“At this point [the university is] at least recognizing this is going to have a massive impact,” Elsbernd told the Guardian, referring to the SFSU environmental impact report that is under way. “But we can guess what’s going to be in that EIR when it’s finally published: ‘Oh look, they say there won’t be much of an impact.’ That’s when the real fight happens.” SFBG

If Fong goes

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› news@sfbg.com If November has been a bad month for Mayor Gavin Newsom, it’s been worse for his police chief, Heather Fong. The entire battle over police foot patrols has made Fong look terrible. She started off saying that the department simply couldn’t afford to put more cops on the streets in high-crime areas because she didn’t have the troops to do it. She and the mayor fought hard to defeat the legislation. The bill passed anyway, effectively ordering her to do what she claimed she couldn’t do, and it was vetoed by Newsom. But as it seemed likely that the Board of Supervisors had the votes to override the veto, Fong came out with her own foot patrol plan, which wasn’t all that different from what the board had approved. Suddenly, she seemed to be saying that foot patrols really were possible. After the veto override she went in another direction, telling a TV interviewer that she wasn’t sure her captains were going to follow the law anyway. Police Commission member David Campos pushed her on those apparent flip-flops at the commission’s Nov. 15 meeting, and she bobbed and ducked like a wounded quail. In the meantime, at least one Newsom ally, Sup. Bevan Dufty, proclaimed that he had no faith in the chief, and numerous others on the board publicly decried her lack of leadership. Fong sat in the board chambers Nov. 14, looking visibly shaken, and listened to it all. And rumors started swirling that Newsom was ready to fire her. Not a good sign for the city’s first female top cop, who was already under fire for the skyrocketing murder rate and for failing to hold bad officers accountable for abuses of authority. But Fong has one thing going for her: some progressives think that the immediate alternatives are even worse. Campos, a proponent of foot patrols, told us he was critical of the chief’s reaction to the supervisors’ plan — a plan that the board only decided to implement after watching crime levels rise for three years straight and gaining unanimous backing from the Police Commission and significant support from a frustrated public. But he’s not so sure giving Fong the ax will help. “I understand the criticisms,” Campos told us, “but as a progressive, I’m worried what will happen to police reform if Fong is no longer there. Under her leadership we’ve seen a dramatic change in approach from that of her predecessors. There’s been less conflict, and her focus has been on how to get the job done without drama. She’s not a bomb thrower, and that’s been a real positive change.” The politics of the situation are complicated: sure, some progressives are furious at the chief — but a lot of the pressure to get rid of her is also coming from the police union and the old guard at the department. “Some of the people who are critical of her are those who also aren’t keen on reform and have tried to slow down the reform promises contained within Prop. H,” Campos explained. “To me, that raises my concern. I don’t want those people to succeed in their efforts. Their track record has not been good.” Sup. Tom Ammiano added, “You can change the chief, but that won’t address the real problems.” Commission member Theresa Sparks noted that “Chief Fong has brought a strong sense of integrity and a lot of administrative order to the department and made some changes of command staff. My only concern is the willingness of the rank and file to follow her leadership, given that she has such a different leadership style.” Sparks argued that whenever Fong leaves, the commission ought to go beyond the traditional practice of promoting from within. “There’s a number of qualified people within the department who certainly should apply,” she said, “but San Francisco might benefit from looking farther afield, much like Los Angeles did.” There will, no doubt, be tremendous pressure to hire from within the ranks. Dufty — who, to his credit, defied the mayor and voted to overturn the foot patrols veto — is a fan of Deputy Chief Greg Suhr. Yet Suhr was one of the so-called Fajitagate defendants charged with conspiracy, although the charges against him were dismissed in court. He was in command of 100 officers during an anarchist demonstration in the Mission District in July 2005 when patrol officer Peter Shields was overwhelmed by protesters and injured. (That was the demonstration that led to the jailing of journalist Josh Wolf — see Editor’s Notes, on the cover.) Suhr blamed a communications breakdown; Fong said that wasn’t possible. Suhr was exiled to a job with the SF Public Utilities Commission shortly afterward. Police reform activists don’t consider Suhr an ally, but Dufty called him “a very strong cop.” Even so, Dufty agreed that the department might benefit from outside leadership. “We’re at a stage where the balkanization of the department is at a level I’ve never seen,” he told us. “I’ve never thought that there should be a chief from the outside, but at this time I would consider it.” SFBG

Josh Wolf’s appeal rejected

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@@http://www.sfbg.com/blogs/politics/2006/11/josh_wolf_petition_denied_to_r.html@@

What you can do

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What: Free Josh Wolf!
When: Thursday, December 7th 2006, 7:30pm
Where: Balazo, 2183 Mission Street @18th, 415-255-7227

On December 7th, journalists, activists, and local leaders will come
together to call upon the United States Government to free independent
videographer and freelance journalist Josh Wolf. He is currently in
“coercive custody” at the Federal Detention Facility in Dublin, California.
He is not charged with any crime. Please join us for a night of music,
inspiring speakers, and action in support of Josh Wolf and to demand that
Congress pass a Federal Shield Law protecting journalists and freedom of the

press. $10 Suggested Donation. No one turned away for lack of funds. For
more information about Josh Wolf go to www.joshwolf.net. Contact:
andy.blue@yahoo.com.

To read Josh’s prison blog, click here

Free Josh Wolf Support Update
11/14/06

http://joshwolf.net/blog/
http://freejosh.pbwiki.com

*****************************
In this email:
1) Legal Update
2) Josh Wins Society of Professional Journalists’ Journalist of the Year
Award
3) Josh Wins 2 Vloggy Awards
4) New Flyers!
5) Josh Can Receive More Books
6) How Can I Support Josh?
*****************************

1)Legal Update

See story

*****************************

2) Josh Wins Society of Professional Journalists’ Journalist of the Year
Award http://www.spj.org/norcal/
http://www.indybay.org/newsitems/2006/11/10/18328773.php

“On Thursday, November 9th, Northern California Chapter of the Society
of Professional Journalists held their annual banquet. Of the many
honors that were bestowed on people, arguably the most prestigious,
Journalist of the Year, went to imprisoned video documentarian, Josh
Wolf, along with other grand jury subpoena resisters, San Francisco
Chronicle sports writers, Lance Williams and Mark Fainaru-Wada.

Wolf’s mother, teacher Liz Wolf-Spada, accepted the award on behalf of
her son. Wolf, who had been imprisoned, released and then
re-imprisoned, has served a total of 82 days in a federal penitentiary
for refusing to turn over his unedited video footage of a July 2005
San Francisco protest. From: Indybay.org

Read Josh’s Acceptance Speech: http://www.joshwolf.net/blog/?p=277

*****************************

3) Josh Wins 2 Vloggy Awards

Josh’s video, All Empires Must Fall, received the Judge’s Choice Award
for Most Controversial Video and the People’s Choice Award for Best
Male Vlogger.

Read Josh’s Acceptance Speech: http://www.joshwolf.net/blog/?p=273

*****************************

4) New Flyers!

Thanks to Njeri for making these awesome flyers!

You can download them here:
http://freejosh.pbwiki.com/f/joshwolf_flyer.pdf
And view them here: http://freejosh.pbwiki.com/Flyers%20and%20Graphics

*****************************

5) Josh Can Receive More Books

Josh is ready for more books! THANKS!
http://freejosh.pbwiki.com/Send%20Josh%20Books

Please consider sending a book to Josh while he is being held in
prison. It’s a great way to show your support for him!

Josh’s Book Wish List:
Days of War, Nights of Love – The Crimething Ex-Workers Collective Logic
and Contemporary Rhetoric – Howard Kahane

*****************************

5) How Can I Support Josh?

10 WAYS TO SUPPORT JOSH http://freejosh.pbwiki.com/Help%20Support%20Josh

There are lots of things we can all be doing to help Josh.

Here are the top 10 ways

1) SEND LETTERS and maintain correspondence with Josh while he is
incarcerated. We need to let Josh know that we are thinking of him and
supporting his courageous and important stand. Visit:
http://freejosh.pbwiki.com/Write%20Josh%20Letters for info on how to
send a letter to Josh. Please remember that all of Josh?s letters are
read by the prison authorities and it may take a while for your letter
to reach him.

2) SEND A BOOK to Josh. Find Josh’s book wish list and info on how to
get him a book visit: http://freejosh.pbwiki.com/Send%20Josh%20Books

3) READ HIS BLOG from prison. Josh’s blog is still being updated by
his family and friends. Letters from Josh will be posted as they are
received. http://joshwolf.net/blog/

4) DISTRIBUTE FLYERS about his case:
http://freejosh.pbwiki.com/Flyers%20and%20Graphics

5) DONATE to Josh’s support fund via Paypal:
http://joshwolf.net/grandjury/donate.html

6) PLAN BENEFIT CONCERTS AND EVENTS to raise money. There have been
several concerts and fundraisers thrown recently to support Josh. If
you are interested in hosting a concert or other type of fundraiser
please contact Josh’s support team at: freejosh(at)joshwolf.net so we
can assist you with publicizing your event.

7) JOIN AND PARTICIPATE in the Support Josh Wolf Email List:
http://lists.riseup.net/www/info/supportjoshwolf

8) PROMOTE JOSH’S CASE. Write letters and articles of support for Josh
to your local media. Blog about his case. Link to his blog and wiki.
Post “support Josh” banners on your blogs and webpages:
http://freejosh.pbwiki.com/Flyers%20and%20Graphics

9) SEND LETTERS to the other inmates who are being incarcerated along
with Josh at FCI Dublin. You can get their contact information at:
http://freejosh.pbwiki.com/Write%20Josh%20Letters

10) BECOME INVOLVED WITH THE SUPPORT TEAM. Email:
freejosh(at)joshwolf.net or the Email List if you are interested in
getting more involved. We still need people willing to help with tech
support, organizing, fundraising, graphic design, publicity, media and
legal support. Send an email to the support team indicating how you
would like to help and we will plug you in!

Full report of Josh Wolf case

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@@http://www.sfbg.com/fullcoveragejoshwolf.pdf@@

The new Iraq-war media offensive

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The American media establishment has launched a major offensive against the option of withdrawing U.S. troops from Iraq.

In the latest media assault, right-wing outfits like Fox News and The Wall Street Journal editorial page are secondary. The heaviest firepower is now coming from the most valuable square inches of media real estate in the USA — the front page of The New York Times.

The present situation is grimly instructive for anyone who might wonder how the Vietnam War could continue for years while opinion polls showed that most Americans were against it. Now, in the wake of midterm elections widely seen as a rebuke to the Iraq war, powerful media institutions are feverishly spinning against a pullout of U.S. troops.

Under the headline “Get Out of Iraq Now? Not So Fast, Experts Say,” the Nov. 15 front page of the Times prominently featured a “Military Analysis” by Michael Gordon. The piece reported that — while some congressional Democrats are saying withdrawal of U.S. troops “should begin within four to six months” — “this argument is being challenged by a number of military officers, experts and former generals, including some who have been among the most vehement critics of the Bush administration’s Iraq policies.”

Reporter Gordon appeared hours later on Anderson Cooper’s CNN show, fully morphing into an unabashed pundit as he declared that withdrawal is “simply not realistic.” Sounding much like a Pentagon spokesman, Gordon went on to state in no uncertain terms that he opposes a pullout.

If a New York Times military-affairs reporter went on television to advocate for withdrawal of U.S. troops as unequivocally as Gordon advocated against any such withdrawal during his Nov. 15 appearance on
CNN, he or she would be quickly reprimanded — and probably would be taken off the beat — by the Times hierarchy. But the paper’s news department eagerly fosters reporting that internalizes and promotes the basic worldviews of the country’s national security state.

That’s how and why the Times front page was so hospitable to the work of Judith Miller during the lead-up to the invasion of Iraq. That’s how and why the Times is now so hospitable to the work of Michael Gordon.

At this point, categories like “vehement critics of the Bush administration’s Iraq policies” are virtually meaningless. The bulk of the media’s favorite “vehement critics” are opposed to reduction of U.S. involvement in the Iraq carnage, and some of them are now openly urging an increase in U.S. troop levels for the occupation.

These days, media coverage of U.S. policy in Iraq often seems to be little more than a remake of how mainstream news outlets portrayed Washington’s options during the war in Vietnam. Routine deference to inside-the-Beltway conventional wisdom has turned many prominent journalists into co-producers of a “Groundhog Day” sequel that insists the U.S. war effort must go on.

During the years since the fall of Saddam, countless news stories and commentaries have compared the ongoing disaster in Iraq to the
Vietnam War. But those comparisons have rarely illuminated the most troubling parallels between the U.S. media coverage of both wars.

Whether in 1968 or 2006, most of the Washington press corps has been at pains to portray withdrawal of U.S. troops as impractical and unrealistic.

Contrary to myths about media coverage of the Vietnam War, the
American press lagged way behind grassroots antiwar sentiment in seriously contemputf8g a U.S. pullout from Vietnam. The lag time amounted to several years — and meant the additional deaths of tens of thousands of Americans and perhaps 1 million more Vietnamese people.

A survey by the Boston Globe, conducted in February 1968, found that out of 39 major daily newspapers in the United States, not one had editorialized for withdrawing American troops from Vietnam. Today — despite the antiwar tilt of national opinion polls and the recent election — advocacy of a U.S. pullout from Iraq seems almost as scarce among modern-day media elites.

The standard media evasions amount to kicking the bloody can down the road. Careful statements about benchmarks and getting tough with the Baghdad government (as with the Saigon government) are markers for a national media discourse that dodges instead of enlivens debate.

Many journalists are retreading the notion that the pullout option is not a real option at all. And the Democrats who’ll soon be running
Congress, we’re told, wouldn’t — and shouldn’t — dare to go that far if they know what’s good for them.

Implicit in such media coverage is the idea that the real legitimacy for U.S. war policymaking rests with the president, not the Congress. When I ponder that assumption, I think about 42-year-old footage of the CBS program “Face the Nation.”

The show’s host on that 1964 telecast was the widely esteemed
journalist Peter Lisagor, who told his guest: “Senator, the Constitution gives to the president of the United States the sole
responsibility for the conduct of foreign policy.”

“Couldn’t be more wrong,” Sen. Wayne Morse broke in with his sandpapery voice. “You couldn’t make a more unsound legal statement than the one you have just made. This is the promulgation of an old fallacy that foreign policy belongs to the president of the United States. That’s nonsense.”

Lisagor was almost taunting as he asked, “To whom does it belong then, Senator?”

Morse did not miss a beat. “It belongs to the American people,” he shot back — and “I am pleading that the American people be given the facts about foreign policy.”

The journalist persisted: “You know, Senator, that the American people cannot formulate and execute foreign policy.”

Morse’s response was indignant: “Why do you say that? … I have complete faith in the ability of the American people to follow the facts if you’ll give them. And my charge against my government is, we’re not giving the American people the facts.”

Morse, the senior senator from Oregon, was passionate about the U.S. Constitution as well as international law. And, while rejecting the widely held notion that foreign policy belongs to the president, he spoke in unflinching terms about the Vietnam War. At a hearing of the Senate Foreign Relations Committee, on Feb. 27, 1968, Morse said that he did not “intend to put the blood of this war on my hands.”

And, prophetically, Morse added: “We’re going to become guilty, in my judgment, of being the greatest threat to the peace of the world.
It’s an ugly reality, and we Americans don’t like to face up to it.”

_____________________________

Norman Solomon’s latest book, “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death,” is out in paperback. For information, go to:www.warmadeeasy.com

The devil in the metadata

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The Rules Committee of the Board of Supervisors is considering whether or not the city should allow its departments to release electronic documents that include metadata. Although the Sunshine Ordinance Task Force has already hashed over the minutiae of this issue and ruled that metadata can and should be released, the mystery enshrouding what it is, and the lack of any specific policy or known precedent in other cities or states with public records laws has pushed the discussion upstream to where a formal legislation has become a possibility.
Freedom of information purists are saying all the parts and pieces of a document are part of the public domain, while the City Attorney’s Office is claiming another layer of protection may be required.
Metadata entered the realm of public discussion in San Francisco after citizens started making requests of electronic documents with a specific plea for metadata. Activists Allen Grossman and Kimo Crossman wanted copies of, ironically enough, the city’s Sunshine Ordinance, in its original Microsoft Word format. Grossman and Crossman wanted to use the advantages of technology to follow the evolving amendments the Sunshine Ordinance Task Force members were considering for the city’s public records law. These “tracked changes” are a common function in Word, and are, technically, metadata.
When Clerk of the Board Gloria Young received these specific requests for Word documents, not knowing what this “metadata” was or what to do about it, she turned to the office of City Attorney Dennis Herrera for advice.
Deputy City Attorney Paul Zarefsky initially gave oral advice to Young, and when pressed by the Sunshine Ordinance Task Force, issued a five-page memo in response, arguing that release of documents with metadata could pave a path for hackers into the city’s computer system, render documents dangerously vulnerable to cut-and-paste manipulation, and invite another unwelcome burden of reviewing and redacting for city officials. Young followed his advice and proffered the requested documents as PDFs.
A PDF, or “portable document format,” is essentially a photograph of the real thing, and contains none of the metadata that exists a couple clicks of the mouse away in a Word document. Evolving changes can’t be tracked, and PDFs don’t have the same searchability that Word docs have. So PDFs of the Sunshine Ordinance that Young provided didn’t have the functions that Crossman and Grossman were looking for, and were utterly useless for their purposes.
“It’s 92 pages,” Grossman said of the PDF Sunshine Ordinance. “I can’t search it electronically if I want to find something. This document I received is of no use to me.”

Meta-what?
Before delving too deep into the intricacies of current city politics, let’s pause for a moment to note that you don’t need to be a Luddite to have no idea what metadata is. It sounds like some diminutive or ethereal version of the real thing. In a sense, it is.
Simply put, metadata is data about data, and grows with weed-like tenacity in the electronic flora of the twenty-first century. Common examples include the track an email took from an outbox to an inbox, details about the owner of a computer program, or the laptop on which a Word document has been typed.
Metadata becomes cause for concern when there is something to hide. Not readily visible, metadata requires a little sleuthing to reveal, but in the past it’s been used to uncover deeper truths about a situation. For example, attorney Jim Calloway relates on his Law Practice Tips blog a divorce case where custody of the child was called into question because of the content of emails sent from the mother to the father. The mother denied she’d sent the emails, though the father vehemently insisted she had. A court forensics investigation found metadata showing that, in reality, the father had written the emails and sent them to himself.
“Metadata speaks the truth,” Calloway writes. “My position has always been that a tool is a tool. Whether a tool is used for good or evil is the responsibility of the one who uses the tool.”
Lawyers have historically advised that metadata be fiercely protected. Jembaa Cole, in the Shidler Journal for Law, Commerce and Technology wrote, “There have been several instances in which seemingly innocuous metadata has wreaked professional and political havoc.”
Cole goes on to cite a gaffe from Tony Blair’s administration – a document about weapons of mass destruction was available on the government’s web site, which claimed the information was original and current. Metadata showed that, not only had the information been plagiarized from a student thesis, it was more than ten years old.
Cole urges lawyers to take an aggressive tack against revealing metadata, by educating offices about its existence, making a practice of “scrubbing” it from documents, and providing “clean” documents in PDF or paper form.
The city attorney’s office has taken a similar stance. Spokesperson Matt Dorsey told us metadata has been a part of the continuing education of the city attorney’s office. However, all past case law of which they are aware focuses on metadata in the context of discovery and “the conclusion of most state bars is that they have the obligation, under attorney-client privilege, to review metadata prior to discovery,” he said. “The issue of metadata is a relatively new one in legal circuits. It isn’t a brand new issue to us, but it is in the context of Sunshine,” said Dorsey, who maintains that metadata could still fall within the standard redaction policies of the public records act.
Terry Franke, who runs the open-government group Californian Aware, argues that “the city attorney needs to complete this sentence: ‘Allowing the public to see metadata in Word documents would be a detriment because…’ What?”
“From the beginning of this discussion the city attorney has never provided a plausible, practical, understandable explanation of what is the kind and degree of harm in allowing metadata to be examined that justifies stripping it out,” Francke said.

To the task force
When Grossman and Crossman were denied the documents as they’d requested them, they filed complaints with the Sunshine Ordinance Task Force. In their cases, first heard on Sep. 26, they argued there should be no concern that the text of Word documents could be manipulated – anybody with a gluestick and a pair of scissors could do that to any piece of paper. That had been a consideration when the Sunshine Ordinance was drafted, and why the city always retains the undisputable original.
Thomas Newton, of the California Newspapers and Publishers Alliance, who was involved in drafting the state’s public records law, agreed with them. “If you follow his logic, you can’t release a copy of any public record because, oh my God, someone might change it,” Newton told us.
Crossman and Grossman also pointed out that to convert documents from Word to PDF invites even more work to a task that should be as burden-free as possible. It’s a regular practice for the clerk of the board to maintain documents as PDFs because that preserves signatures and seals of ratified legislation, but to make it a policy of all departments could invite a landslide of work, printing out documents and converting them to PDFs – not to mention undermining the notion of conserving paper.
Also, translation software and the “screen reader” feature that a blind person might employ to “read” an electronic document, don’t work with PDFs.
First amendment lawyers also offered written opinions on the issue. “Some of the city’s arguments have no support in the law whatsoever,” wrote Francke. “The fundamental problem for the city is that it has no authority to legislate a new general exception of exemption from the CPRA (California Public Records Act), and that’s what’s being advanced here.”
“The city’s scofflaw position represents the status quo ante, the old law that used to allow an agency to provide a copy of computer data ‘in a form determined by the agency.’ The city’s position has been directly and completely repudiated by the legislature. If the city disagrees with the law, it should come to Sacramento and get a bill,” wrote Thomas Newton, general counsel for the California Newspaper Publishers Association (CNPA).
As for the hacker scare, Zac Multrux, an independent technology consultant was invited to the Sep. 26 hearing by task force member Bruce Wolfe to speak about the dangers of metadata. He suggested a number of technological tools that are available for purchase or are free online, that will “scrub” metadata from documents. He said that while it’s true that someone with ill intent could mess with metadata, “I think someone would need a whole lot more than the name of a computer” to hack into the city’s system. “Personally, I don’t see it as a significant security risk,” he said.
It was also pointed out at the hearing that a variety of city, state, and federal departments already make Word and Excel documents available. Wolfe did a quick online search and found more than 96,000 Word documents on the State of California web site. “They’re not afraid to make Word documents public online,” he said.
Over the course of two hearings the task force found no basis for Zarefsky’s claims in either the city’s law or the California Public Records Act – both of which explicitly state a document should be released in whatever format is requested, as long as the document is regularly stored in that format or does not require any additional work to provide.
The task force found Young in violation of the ordinance and she was told to make the documents available in Word format. No restrictions or rulings were made for future requests, but task force member Sue Cauthen said, “I think this whole case is a test case for how the city provides documents electronically.”

What’s next?
As requested, Young had the Sunshine Ordinance, in Word format, pulled from the city’s files and posted on a separate server outside of the city’s system to be viewed. Crossman, noting the added labor and resources for that provision, wondered if that would happen to all public records requested in Word format, so he cooked up another request to test his theory.
He asked for all the pending and accepted legislation for the month of September from the Board of Supervisors, in Word format.
While the Sunshine Ordinance Task Force had found that withholding documents because of metadata was against the law, redaction of privileged information is still legally necessary, and Young continued to follow the city attorney’s advice that a PDF with no metadata was still the safest, easiest way to comply. She told us, “I don’t take their advice lightly.”
Zarefsky’s opinion said departments “may” provide PDFs instead of Word documents and that “metadata may include a wide variety of information that the City has a right — and, in some cases a legal duty — to redact. Young’s office does have pending legislation in Word format, she says it does not fall within the expertise of her staff to review and redact the metadata in those documents because they didn’t author them. “Since we don’t create the documents, how could we ever know whether the metadata should be released? We don’t know what it is,” she told us. “We couldn’t even hire expertise that would know.”
“I can’t imagine there’s so much toxic stuff in Board of Supervisors records they can’t let out,” Grossman told us. “This is a whole mystery to me.”
“It’s just data,” says Crossman. “City employees created it on our dime. Unless it falls under redaction discretion, entire documents should be provided.”
Young took the issue to the legislators who do draft the legislation, asking the November 2 meeting of the Rules Committee for further policy consideration. Miriam Morley spoke on behalf of the city attorney’s office, and said there was a sound legal basis for providing documents as PDFs, but that this was an evolving area of the law that the city attorney’s office wasn’t aware of until about 9 months ago. They could find no other cities currently grappling with the issue, but she said, “Our conclusion is that a court would likely hold a right to withhold a document in Word.”
The committee decided to research the issue further before making a ruling. Committee chair Ross Mirkarimi said he had been integral to the drafting of the Sunshine ordinance, and to rush a decision could be detrimental.
“It seems to me in the spirit of the Sunshine law this is something we should really look at,” Tom Ammiano said. It’s currently at the call of the Chair of Rules and no date has been set for the Rules Committee to hear it again.
A policy in San Francisco could set a real precedent for public records law, but according to many first amendment lawyers, for the Board to do so would be a violation of state law. “I know of no other city, county, or subdivision of state government or state agency that’s disregarding the clear intention of the law as some elements of San Francisco city and county government are planning to do,” Newton told us.
“It’s a debate that can’t really occur outside of a proposal to change the state law,” he said. “The Board of Supervisors can’t pick and choose which law to comply with,” and he said the state’s constitution and public records act trumps the city, which is reading the law too narrowly. “They’re required to give a broad interpretation of this access law. If they don’t like it they should come to Sacramento and get a bill,” he said.
“I think a lot of city departments, and policy and advisory bodies can save themselves a lot of headaches by declaring as policy that they will provide documents in their original formats,” task force member Richard Knee said. “With metadata.”

Turning point

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› news@sfbg.com
It’s amazing what the New York Times can find newsworthy. On a night when progressives in San Francisco racked up an impressive list of victories — and the popular mayor, often described as a rising star in state and national politics, got absolutely walloped — the nation’s newspaper of record led an online report on city politics with this gem: “A bike-riding member of the Board of Supervisors apparently won re-election while his wife was reported to have screamed an epithet at opponents.”
The Times story, by Jesse McKinley, called it “just another night in San Francisco’s iconoclastic politics,” meaning, apparently, that only in this city would a politician ride a bicycle and only here would a politician’s wife use foul language in public.
Please.
For the record: Sarah Low Daly — who watched her husband, Chris, get pummeled mercilessly for weeks by brutal attack ads paid for by, among others, the Golden Gate Restaurant Association — did dismiss “those motherfuckers” with a colorful epithet that no less than the vice president has used on the floor of Congress but that can’t ever appear in the New York Times.
But allow us a little context here.
Daly’s wife had every right to celebrate on election night — and every right to slam the forces that were so unwilling to accept a living wage for local workers, sick pay for employees, requirements that developers pay for affordable housing, and the rest of Supervisor Daly’s progressive agenda, which had made him the subject of a Karl Rove–style smear campaign.
And the Times (as well as the embittered blogger at the San Francisco Sentinel who leveled personal insults at the supervisor’s wife) utterly missed the point of what went on in San Francisco last week.
This was a watershed in city politics, an election that may turn out to have been every bit as important as the 2000 ballot that broke the back of the Brown-Burton machine. It was evidence that district elections work, that downtown money doesn’t always hold the day — and that Mayor Gavin Newsom made a very bad political mistake by aligning himself with some of the most intolerant, unpleasant, and ineffective forces in local politics.
NEWSOM THE LOSER
We ran into Newsom’s press secretary, Peter Ragone, the day after the election and asked him the obvious question: “Not a very good night for the mayor, huh?”
It was a hard point to argue: Newsom put immense political capital into two key races and was embarrassed in both of them. He worked hard for Rob Black, the downtown candidate trying to oust Daly in District 6, showing up at Black’s rallies, walking the streets with him, talking about the importance of the race, and helping him raise funds. His handpicked contender in District 4 was Doug Chan, a former police commissioner. Black lost by 10 percentage points; Chan finished fourth.
And a long string of progressive ballot measures that the mayor had opposed was approved by sizable margins.
Ragone began to spin and dissemble like crazy. “We endorsed [Black and Chan] but didn’t put a lot into it,” he said despite the fact that Newsom spent the last two weekends campaigning for his two favorites.
“The real key for us was Hydra Mendoza, who won [a seat on the school board],” Ragone said.
Yes, Mendoza, who works as the mayor’s education adviser, was elected — but she already had a strong base of support as a former leader of Parents for Public Schools and might very well have won without the mayor’s help.
Besides, if Newsom saw her as a top priority, why did she finish second in a race for three positions, behind Green Party candidate Jane Kim? And how significant will it be to have Mendoza on a school board that now has a solid progressive majority, one she’s not a part of?
Ragone shrugged again, sticking to his line.
But the Mayor’s Office can’t spin away the fact that, as pollster David Binder put it at a postelection event, “I don’t think Newsom had a very good night.”
“It showed that we had a progressive turnout and this is a progressive town,” Binder said.
Boris Delepine, a campaign veteran and Sup. Ross Mirkarimi’s board aide, went even further: “This election ranks up there with the 2000 supervisorial races as far as I’m concerned.”
In other words, progressives battled the downtown interests and won.
The most exciting race was in District 6, where Daly’s expected reelection was thrown into doubt a few weeks ago by some polls and the onslaught of downtown attacks on Daly (which Binder jokingly referred to as “a deforestation project” for all of the negative mailers).
The problem was that most of the material just attempted to savage Daly without really making the case for why Black would be better. That appears to have backfired.
In fact, the assault served to galvanize Daly supporters, who stepped up a vigorous campaign in the final push. “It was very efficient and very effective,” Binder said.
Or as Daly put it to his supporters on election night, “We were under attack…. San Francisco values were under attack, and you responded like nothing before. Five hundred volunteers were in the streets today to say this district is not for sale.”
The message from the Tenderloin, inner Mission, and South of Market was resoundingly clear: with district elections downtown can’t simply buy a seat on the board anymore. Money is powerful — but an organized grassroots campaign can still prevail.
The impact for the mayor is more than just the loss of a potential board ally. Newsom found himself in District 6 working closely with SFSOS — a group that has become so nasty and is so reviled, even two of its key founders, Senator Dianne Feinstein and financier Warren Hellman, have walked away in disgust.
“If all things were equal, I’d just as soon that SFSOS went away,” Hellman told us.
It’s not going to help the mayor’s reputation to be seen in that sort of company.
A HIPPER DUFTY
The District 8 race showed the power of district elections in a different way.
From the start it was going to be tough for Alix Rosenthal, a straight woman, to defeat incumbent supervisor Bevan Dufty, a gay man in what has always been a gay district. But Rosenthal says her candidacy had a clear impact on Dufty — during the late summer and fall, the onetime solid mayoral ally moved a few noticeable steps to the left, supporting Sup. Tom Ammiano’s universal health care bill and voting with the progressives (and against the mayor) for police foot patrols.
“Dufty became a much hipper person after I challenged him,” Rosenthal said.
Dufty told us the challenge made him work harder but had no impact on his votes. “What you saw on foot patrols was an immense amount of frustration with the police chief’s failures to lead the department,” he said. “That had nothing to do with this race.”
Binder pointed out that District 8 has a higher percentage of registered Democrats than any district in the city, and Dufty locked down party support early on. And even though Dufty’s voting record was less progressive than his district, he remains popular. “There are people who think he doesn’t vote the right way on the issues, but nobody thinks he doesn’t try hard,” Binder said.
The District 4 race was not only a test of the power of the mayor’s coattails in a district where Newsom has always been popular. It was also a test of how ranked-choice voting works in complex election demographics.
From early this year, when it became clear that incumbent Fiona Ma was going to the state assembly, Newsom and his allies tapped Chan as the candidate they would promote. That was an odd choice for Newsom, who claims to be a public power supporter: Chan’s law firm has received more than $200,000 in legal fees from Pacific Gas and Electric Co. in just the past two years, and like his alliance with Black in District 6, the Chan endorsement put him on the side of one of the least popular actors on the local political stage.
And in the end, the mayoral support meant little: Chan finished fourth, after Ron Dudum, Ed Jew, and Jaynry Mak.
There was a certain amount of nervousness on election night when Dudum emerged atop the candidate list at the prospect that for the first time in a generation, the board would be without Asian representation. Four Asian candidates appeared to have split the vote, allowing Dudum to win.
But when the ranked-choice voting program was run Nov. 10, that concern evaporated: the new system allowed Asian voters to divide their preferences without risking that sort of vote-split result. When it was all over, Ed Jew emerged the winner.
As Jew told us, “I think it showed that having so many Asians benefited the top Asian vote-getter.”
GREEN DAYS
The school board and community college board races get less press than the top of the ticket, but as citywide contests, they can be even tougher for progressives. And this year the Green Party had some surprising victories.
Jane Kim, a Green, finished top in the balloting — remarkable considering that she didn’t have the endorsement of the Democratic Party. Mendoza came in second, followed by Kim-Shree Maufas. That puts three new members, all of them women of color, on the board and shows that activists frustrated by the votes of longtime incumbent Dan Kelly could defeat someone who until recently was considered a shoo-in for reelection.
Peter Lauterborn, a Kim supporter, was ecstatic about the win. “This is a massive triumph,” he said. “We beat the money and we beat the establishment.”
The same goes for the community college board, where John Rizzo, a Green, appears to have edged out Johnnie Carter, bringing new reform blood to an ossified and often corrupt agency.
Binder attributed the strong finishes by Kim and Maufas to their endorsements by the Guardian, the Democratic Party, and other lefty supporters. He was surprised by Rizzo’s apparent victory (absentees could still change the outcome) but most on the left weren’t. Rizzo had a lot of grassroots support and ran a strong campaign.
Similarly, Mirkarimi — who attended the postelection briefing along with fellow supervisor Daly — didn’t agree with Binder’s line on the school board, noting that the defeat of Kelly and the election of Kim and Maufas were strong endorsements for the stand that the current board lefties — Mark Sanchez, Sarah Lipson, and Eric Mar — have taken against positions by autocratic former superintendent Arlene Ackerman and her downtown backers.
“We got four votes on the school board,” was how Delepine put it, adding, “President Sanchez, man.” SFBG
Steven T. Jones and Alix Rosenthal are domestic partners. Tim Redmond wrote the analysis of the results in District 8. Amanda Witherell contributed to this story.

Our roundup of Guardian live election night coverage

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@@http://www.sfbg.com/blogs/politics@@

Election night parties

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CHRIS DALY- DNA Lounge, 375 11th Street, btw Folsom & Harrison

ROB BLACK- Momo’s, 760 2nd Street.

ALIX ROSENTHAL- 500 Club, Guerrero St & 17th Street

BEVAN DUFTY- Lime Restaurant, 2247 Market, btw Noe & Sanchez

JAYNRY MAK- Harry Ha’s Restaurant, 2335 Irving Street & 24th

DOUG CHAN- Dragon Lounge, 1355 Taraval & 24th Street

RON DUDUM- Tennessee Grill, 1128 Taraval, btw 21st & 22nd, contact Tuan (415) 370 7361

MARIE HARRISON- Home, 1751 Quesada Street and 3rd Street.

SOPHIE MAXWELL- Fanatics Sports Bar, 601 Cesar Chavez @ pier 80, and Michigan Street.

AIMEE ALLISON-Maxwell’s Restaurant 341 13th Street & Harrison Street, OAKLAND

YES ON A- Slims, 33 11th Street & Folsom.

YES ON F/NO ON 85/SF LABOR COUNCIL- Medjool Bar, 2516 Mission St @ 21st.

KRISSY KEEFER- Café La Boheme, 3318 24th Street, & Mission

Preparing for scary

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› sarah@sfbg.com
Nine people were shot during this year’s big Halloween celebration in the Castro, prompting city officials to announce the convening of a task force that will examine the event and its future in San Francisco. Supporters and event planners say such early attention is crucial for a gathering of this magnitude — and that the lack of proper planning contributed to this year’s problems.
Concerns that the event has gotten out of control prompted some Castro residents and Sup. Bevan Dufty to announce in July that they wanted the event cancelled, moved, or drastically scaled back. Instead, the plan was hatched to increase the police presence by 25 percent, adopt a zero tolerance policy for public drinking and other crimes, and end the event at 10:30 p.m., which they announced just days before Halloween.
More than 100,000 people showed up anyway, passing big groups of police clumped at the edges of the event but rarely undergoing even cursory searches for weapons and other contraband as they entered the cordoned area. Just after the music was turned off at the one stage (down from three last year) and police announced, “The party is over,” a conflict between two San Francisco gangs escalated, with someone being hit by a bottle and then someone pulling out a gun and opening fire in retaliation. There were no fatalities, and the shooter escaped.
Other than that one incident, which most attendees weren’t aware of until the next day, the event was pretty tame. More striking and upsetting to most who came was the fact that the event ended just as its numbers were peaking and that the end was reinforced at 11 p.m. by water trucks and street sweepers that cleared the still-large crowd.
Mayor Gavin Newsom seemed to acknowledge the lack of preparation when he told KRON-TV, “We’re not going to wait until the last few months before the event. We’re going to start planning right away.” Nonetheless, both Newsom and Dufty praised the police and the planning efforts, with the mayor telling the Chronicle, “We’d done everything we could imagine doing.”
Yet critics say that if that’s the best city officials can do, we’re in no shape to host other large events, such as the 2016 Summer Olympics, which Newsom is bidding for.
“If San Francisco wants to host the Olympics, it can’t go around telling the world that it can’t keep a party under control one night a year,” Ted Strawser of the SF Party Party told the Guardian. “Halloween is like gay Christmas. It’s a travesty to talk about canceling it.”
Other cities seem to be up to the task. Take New York’s Village Halloween Parade. Twenty-five years ago, when its crowds first topped the 100,000 mark, New York celebration artist Jeanne Fleming began working closely with local residents, schools, community centers, and the police to maintain “a grassroots feel and prepare for future growth.”
Today, the New York Village Halloween Parade is the biggest in the world, a fact organizers actively advertise on their Web site to attract sponsors and fill the city’s coffers with $80 million worth of tourists’ money annually, thanks to two million spectators and 60,000 parade participants.
And while Newsom, Dufty, Police Chief Heather Fong, Fire Chief Joanne Hayes-White, and Sheriff Michael Hennessey deliberate whether the party should continue and how to make it securer if it does, the NYPD hails the Village parade as a valuable public service that makes Halloween safe for New Yorkers.
“Maybe the SFPD needs to talk to the NYPD,” Fleming told the Guardian, noting that the Village parade has changed routes four times over the years in response to merchants’ fears and neighborhood concerns without losing its original identity. “Instead of putting up walls, San Francisco needs to open up its mind.”
That’s what Alix Rosenthal (the domestic partner of Guardian city editor Steven T. Jones) had been urging during her campaign against Dufty for his seat on the Board of Supervisors.
“Bevan Dufty has accused me of playing politics with Halloween, but he should have started working on this plan at least six months ago,” Rosenthal said at a day-after press conference. She believes that more entry points, entrance fees (with higher fees for uncostumed attendees), and a parade leading away from the Castro would be helpful. “Getting out the word that there are going to be changes has to be a huge PR effort.”
Paul Wertheimer of LA-based Crowd Management Strategies told the Guardian that talk of canceling the event is “an understandable reaction if you know you can’t do it right.”
“Organizers often fail to recognize the changing demographics and popularity of events,” Wertheimer said, pointing to the success of New Orleans in managing its Mardi Gras parades despite narrow streets and huge crowds. “You can’t have a hippie, anything-goes mentality. Once an event gets bigger than 3,000 to 5,000 people, it has to be organized and planned with the proper resources, but it can be done, because the techniques and plans are already laid out.”
Wertheimer hopes the SF Halloween task force will assess what worked and what didn’t, take a break, then begin planning no later than six months out. “And merchants’ issues have to be addressed. Merchants are always concerned, but if they can be shown ways they can benefit and be protected from vandalism, they’ll be for it.”
Or as Strawser put it, “We need to put the dollars into better management, not police overtime. Former mayor Willie Brown learned that lesson in 1997 when he tried to cancel Critical Mass. We’re a city that handles the Love Parade, Gay Pride, and Bay to Breakers. To cancel what began as a gay event because of fear of gay bashers and violence would be to give in to the terrorists.” SFBG

Bollywood dreams

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› news@sfbg.com
It was the proverbial phone call every aspiring actor waits for. An agent for a TV producer rang Raj Vasudeva in 2003 to say he would be perfect for a role in a new show that needed a dynamic lead.
Vasudeva, 33, eagerly invited the agent over to view his modeling portfolio and acting tapes. The agent flipped through a book that featured shots of the former Mr. India California crawling through the surf seductively with a dress shirt fluttering open. The agent said he was impressed. Vasudeva thought he had the role, but then the real audition began.
“‘Can I be blunt with you?’” Vasudeva recalled the agent saying. “‘Are you ready to get your ass fucked by men and older women?’”
Vasudeva laughed at the sleazy suggestion and said no. The interview ended abruptly, and the agent tossed the following advice at Vasudeva as he left the meeting in Mumbai, formerly known as Bombay: “If you’re coming to Bollywood, you have to be shameless.”
Welcome to Bollywood, or as they say in India, Bollywood mein aap kaa swaagat ho. Vasudeva, who was born in Delhi but spent much of his life in San Francisco, is trying to accomplish something no US resident has ever done: become a top star in the world’s largest film industry.
For anyone still not familiar with Bollywood, it’s entertainment on a scale that can make your average Hollywood production look like Saved by the Bell. The films are a brawling mix of Broadway-style song and dance, bling that rivals a 50 Cent video, and dizzying scene changes across two or even three continents. The pictures often mash up elements of drama, comedy, and action into a single bursting-at-the-seams melodrama that can last more than three hours.
Bollywood has grown increasingly popular in the United States over the last five years. While it was a lackluster summer for many of Hollywood’s big summer releases, Kabhi Alvida Naa Kehna (Never Say Goodbye) grossed $1.4 million in US theaters during its opening weekend in August — the best showing ever by a Bollywood movie in this country. The film shows Nov. 11 at 8:15 p.m. in the Castro Theatre as part of the San Francisco International South Asian Film Festival (www.thirdi.org/festival).
Vasudeva’s transformation into an aspiring actor might work nicely as a plot for a Bollywood film. Vasudeva came to the States in 1990 to attend college. He graduated with a degree in industrial management and seemed to be headed down the path to a respectable, if somewhat unfulfilling, white-collar future.
His acting career began as little more than a hobby in 1997. He began taking classes at San Francisco’s American Conservatory Theater. Later, he took a job in sales at Oracle in Redwood City. His friend Paul Chopra recalled Vasudeva renting a bunch of Bollywood films and then practicing lines from them in between fielding service calls to Oracle from India in the dead of the night.
He graduated to theater and film productions at the San Francisco Academy of Art, which was followed by his first feature film, Indian Fish. It traces the journey of an Indian software engineer as he makes his way through unfamiliar American culture. Vasudeva, who is tall and has boyish good looks, burnished his résumé by snagging the title of Mr. India California in 2002 on the strength of a performance of a monologue from a Bollywood film.
Vasudeva then starred in Khwaab, the story of another Indian immigrant who gives up a career in the tech world — against the wishes of his parents and friends — to pursue an acting career. Vasudeva declined to discuss whether the movie parallels his own struggles, but the similarities are striking. He said his parents were initially upset about his career choice but eventually came around.
With some solid acting experience to his name, Vasudeva decided to make the leap to Bollywood in 2004. He packed up his San Francisco apartment and moved to Mumbai. It was a shock for him.
Vasudeva found the Mumbai film industry was more freewheeling than the one in the United States. Contracts are often nonexistent; producers hit him up for money to complete films and sometimes bounce his paychecks. Then there are the thickets of “secretaries” — movie agents who serve as intermediaries for actors looking to land roles.
“There are secretaries that will squeeze every penny from you,” Vasudeva said.
Occasionally, the action off the screen seems as dramatic as that on it. The Indian underworld has been accused of threatening — and even killing — actors who won’t pay it protection money or act in its films.
It hasn’t been easy, but Vasudeva managed to get his first break by placing in the top 10 in another contest, called Grasim Mr. India, which was broadcast nationally in India. He compared the contest to Bravo’s short-lived Manhunt USA, which pitted aspiring models against each other to win a contract with an agency. A publicity photo for Grasim Mr. India shows Vasudeva was right on the mark. It features him and a stageful of hunky guys decked out in mesh shirts. (Unfortunately, mesh shirts seem to be a staple fashion for male actors in Bollywood.)
Vasudeva’s showing in the event prompted the interview with the sleazy talent agent. He has since landed a role in Kaho na Kaho, a Bollywood remake of Notting Hill. (Bollywood often liberally borrows from American films and music because, for the most part, artists in the West have not paid much attention to Bollywood, although this is coming to an end.) And he’s starred in a remake that would seem an unlikely choice for Bollywood’s romance- and family-centered cinema, The Ring. The movie is called Second Day. Both Kaho na Kaho and Second Day have yet to be released.
Lisa Tsering, who has covered Bollywood for the newspaper India West for 10 years, said Vasudeva’s chances of making it in Bollywood are “not too good.” And it has little to do with his talent.
“I think that NRIs [nonresident Indians] don’t have a certain quality they are looking for in India,” Tsering said. “They feel NRIs are too complacent and too well fed. They’re not hungry enough.”
An American has yet to crack Bollywood’s A-list, although Canadian-born actress Lisa Ray (who starred in Deepa Mehta’s Bollywood/Hollywood and Water) has generated buzz recently. Tsering said non-Indians are also at a disadvantage because many don’t have the family connections that are so important to making it in Bollywood. Unlike in Hollywood, where actors often try to obscure their family connections by changing their name (think Angelina Jolie and her father, Jon Voight), blatant nepotism is part of the game in Bollywood. It is so pervasive it has become a running joke among Indian film fans, who often complain about the latest pudgy, bad-haired, leaden-acting relation who is foisted on them. Vasudeva may be able to capitalize on this nepotistic trend: he is related to Gauri Khan, an actress and the wife of megastar Shah Rukh Khan, star of Never Say Goodbye. (Vasudeva said he doesn’t trade on his family connections.)
Vasudeva’s current role could be his most challenging yet. In the psychological thriller tentatively titled Boomerang he plays three separate characters. The movie is based on the story of a famous London crime novelist who returns to his ancestral home in India to write a novel. The novelist, played by Vasudeva, soon realizes that someone has followed him there. Drama ensues.
Vasudeva’s choice to pursue a career in Bollywood instead of in the States says as much about Hollywood as it does about the Indian film industry. Despite the exasperations of Bollywood, he’s happy with the choice and doesn’t plan to return to this country anytime soon.
“I didn’t want to spend my career playing a cab driver,” Vasudeva quipped about the limited roles for Indians in Hollywood. SFBG

GOLDIES 2006

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The Guardian turned 40 this year, and the Goldies — our annual arts awards — are now 18. Which makes them a bit like the paper’s child, a many–gendered and splendored one that reaches the US’s idea of adulthood this year. An event like that deserves a party and — after a private award ceremony in honor of this year’s winners — we’re throwing one at 111 Minna Gallery.
It’s free — a San Francisco value.
Dance is at the heart of any ceremony that matters and any party worth remembering, and it’s at the heart of this year’s Goldies thanks to three winners that demonstrate the diversity of its forms. Our cover stars, the extraordinary Benjamin Levy and LevyDANCE, prove it is past time to explode the cold post that’s been lingering in front of the phrase modern dance: close to two years after the first time I saw them perform, I still remember specific images of aggression and tender respite from their pieces. Local Hip Hop Dance Fest mainstays Funkanometry SF take the movement language of B-boys and music video choreographers, add their own signature style, and electrify and take over any room in the process. This year’s Lifetime Achievement awardee, Pandit Chitresh Das, introduced Kathak dance to this country; more recently, he has tapped into its connections to tap.
This year’s Goldie winners were selected by the Guardian’s Johnny Ray Huston, Kimberly Chun, and Cheryl Eddy with valuable input from our writers and critics, as well as members of the Bay Area arts community. The people in the following pages make noise that’s transcendental and meditative, use film to look at toxic currents of contemporary life, stage works that leap across boundaries, and vivify — and add impish prankishness to — visual art. Join us, and them, at this year’s party.
MUSIC
DEERHOOF
GRIS GRIS
OM
TRAXAMILLION

FILM
JAMES T. HONG
CHRIS METZLER AND JEFF SPRINGER

THEATER
LAST PLANET THEATRE

DANCE
FUNKANOMETRY SF
BENJAMIN LEVY AND LEVYDANCE

PERFORMANCE

SEAN DORSEY

VISUAL ART
CHRIS DUNCAN
YOON LEE
TIM SULLIVAN


LIFETIME ACHIEVEMENT

PANDIT CHITRESH DAS

Pelosi’s perplexing pledge

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› news@sfbg.com
When my friend Salli Martyniak heard that Nancy Pelosi would be featured on the CBS news program 60 Minutes, she got excited. Like a lot of professional women who have been turned into political activists by six years of Bush-Cheney-ism, Martyniak’s doing everything she can to end Republican control of the House of Representatives. She’s got the right campaign signs in her yard, she’s writing checks and hosting fundraising events, and she’s knocking on doors and making calls in a politically competitive precinct of the battleground state Wisconsin. And she has always lit up at the prospect of the first female speaker of the House.
But when Pelosi’s segment aired on 60 Minutes three Sundays before the election, Martyniak said, “I was shouting at the television. How could she say that? How could she so miss the point of being an opposition leader?”
What was it that so infuriated my friend and millions of other Americans who want this election to be about holding an out-of-control presidency to account?
Pelosi, the House Democratic leader who may well surf a wave of voter resentment against the Bush administration and Republican misrule into the speaker’s office after the votes are counted Nov. 7, bluntly declared that it would not be the purpose of a Democratic House to restore the rule of law, despite the fact that more than three dozen members of her own caucus are calling for an inquiry into possibly impeachable offenses by the administration, led by Rep. John Conyers of Michigan, who is in line to become chair of the Judiciary Committee if the Democrats retake the House.
“Impeachment is off the table,” Pelosi declared.
“And that’s a pledge?” asked CBS’s Lesley Stahl.
“Well, it’s a pledge in the — yes, I mean, it’s a pledge,” Pelosi responded. “Of course it is. It is a waste of time.”
A waste of time?
Not in the eyes of the American people. A majority of those surveyed last fall in a national poll by Ipsos Public Affairs, the firm that measures public opinion on behalf of the Associated Press, agreed with the statement “If President Bush did not tell the truth about his reasons for going to war with Iraq, Congress should consider holding him accountable by impeaching him.”
It was not entirely surprising that 72 percent of Democrats favored impeachment. What was more interesting was that 56 percent of self-described Independents were ready to hold the president to account, as were 20 percent of Republicans. And given what has been learned over the past year about the deceits employed to guide the United States into Iraq and about the quagmire that has ensued, support for impeachment has undoubtedly risen.
So why has Pelosi been so determined to disassociate herself and her potential leadership of the House from talk of impeachment?
Is she, like former House speaker Carl Albert, the Democrat representative from Oklahoma’s “Little Dixie” region who cautiously approached the issue of impeaching Richard Nixon, fearful that challenging a president who is still popular with conservative voters will cause trouble at home? Spare me. Pelosi represents what may well be the most impeachment-friendly congressional district in the country.
The San Francisco Board of Supervisors voted last February to ask Congress to pursue Bush’s impeachment for leading the country into war in Iraq and undermining civil liberties. And on Nov. 7, San Francisco voters are all but certain to approve Proposition J, urging impeachment. If anything, Pelosi creates political problems at home by being on the wrong side of the impeachment issue, as the spirited challenge she faces this year from proimpeachment Green Krissy Keefer well illustrates.
Since it is impossible to imagine that the House Democratic leader honestly disagrees with the merits of calling the president and vice president to account — especially when, if seen through to its conclusion, the successful impeachment of Bush and Cheney could make her president — she must believe that impeachment is bad politics on the national scale.
But is impeachment really a political loser? Not if history is a guide. There have been nine attempts since the founding of the republic to move articles of impeachment against a sitting president. In the cases in which impeachment was proposed by members of an opposition party, that party either maintained or improved its position in Congress at the next general election. In seven instances the party that proposed impeachment secured the presidency in the next election.
Pelosi’s problem appears to be that she doesn’t want to be accused of repeating the partisan misuse of impeachment that Republicans perpetrated in 1998 and 1999. But the misdeeds of Bush and Cheney are precisely the sort of wrongdoing that impeachment was designed to check and balance.
As a political reporter who has spent a good many years trying to unlock the mysteries of the contemporary Democratic Party, I contend that an openness to impeachment is not just good but essential politics for Pelosi and her caucus. If Democrats retake the House on Nov. 7, it will not be because the party proposed a bold agenda and won on it. Pelosi has shied away from making presidential accountability a central theme of the campaign; arguably, she has shied away from central themes in general — except, of course, to promise that Democrats will behave more admirably than Republicans.
Russ Feingold, the senator from Wisconsin who learned a hard lesson about his party’s interest in accountability when he mounted a lonely effort to censure Bush for authorizing illegal spying on telephone conversations, argues that Democrats are doing well this fall in spite of, rather than because of, their cautious approach. “I hope that people don’t think we are winning because of our meekness,” Feingold said. “We are being handed a tremendous gift, but the voters are going to expect us to do something with it.”
To “do something” that will matter in the long term, something that will give Democrats the moral authority and the political pull that will allow them to correct the country’s course, Pelosi and her fellow partisans must abandon the ahistoric and hyperstrategic politics of a contemporary status quo, which seeks to keep both political parties operating within the narrow boundaries that prevent surprises for entrenched officials, wealthy campaign contributors, and powerful lobbyists. And the first step in that process involves embracing the oath members of the House take — to “support and defend the Constitution of the United States against all enemies, foreign and domestic.”
It is impossible to support and defend the Constitution in this era of executive excess while at the same time taking impeachment off the table. As long as impeachment is wrongly portrayed as the political third rail by Pelosi, standards of accountability remain low, and prospects for fundamental improvement in the national condition are diminished. When it pulls its biggest punch, the opposition party that covets power is limited in its options, tempered in its approach, and muted in its voice.
The benefit of an impeachment fight to an opposition party comes not in the removal of an individual who happens to wear the label of another party. Rather, it comes in the elevation of the discourse to a higher ground where politicians and voters can ponder the deeper meaning of democracy and the republican endeavor.
When the whole of a political party finally concludes that it must take up the weighty responsibility of impeaching a president, as Democrats did in 1974 but Republicans never fully did in 1998, its language is clarified and transfigured. What Walt Whitman referred to as “long dumb voices” are suddenly transformed into clarion calls as a dialogue of governmental marginalia gives way to discussion of the intent of the founders, the duty of the people’s representatives, and the renewal of the republic.
When a political party speaks well and wisely of impeachment, frustrated voters come to see it in a new way. It is no longer merely the tribune of its own ambition. It becomes a champion of the American experiment. To be sure, such a leap entails risk. But it is the risk-averse political party that is most likely to remain the permanent opposition. This is the requirement of politics, not as the game that is played by both major parties but as the essential struggle in which the founders engaged.
If Pelosi hopes to build a new and more vital relationship with the American people, a relationship that runs deeper than any particular issue or individual, she must overcome the irrational fear of presidential accountability in general and impeachment in particular that have so paralyzed Democrats as an opposition force. If Democrats win Nov. 7, it will be because the voters recognize that America needs an opposition party, not to reshuffle the deck chairs on the Titanic that a federal government thrown off course by neoconservative foreign policies and neoliberal economic policies has become, but to turn the ship of state in a new direction.
Pelosi owes it to Salli Martyniak and all the other activists who are pouring themselves and their dollars into making her the next speaker of the House to put impeachment back on the table. Pelosi owes it to her San Francisco constituents who so clearly favor impeachment. Most importantly, Pelosi owes it to the republic that as speaker she will have it in her power to restore and redeem. SFBG
John Nichols, a political writer for the Nation, is the author of The Genius of Impeachment: The Founders’ Cure for Royalism (The New Press). He will discuss the book and impeachment Nov. 1 at 12:30 p.m. at Stacey’s and 7 p.m. at the New College Cultural Center.

Governor Hummer

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› steve@sfbg.com
If there is a single symbol of American wastefulness, military fetishism, and willful ignorance about what it means to be heating up the planet at the end of the age of oil, it is the Hummer. And if there is one American who is most closely associated with the Hummer, it is Gov. Arnold Schwarzenegger.
So why, in a state whose voters consistently rank environmentalism as one of their most important concerns, is Governor Hummer considered such a lock for reelection? And why haven’t the mainstream media made more of Schwarzenegger’s stubborn refusal to give up the four Hummers he still owns?
For that matter, why is the press overlooking his opposition to Proposition 87 (which would tax oil companies to support research of alternative fuels) and tacit support of Proposition 90 (which would make environmental protection far more costly for governments), both positions on close races that are at odds with environmental groups? Is he really that good an actor?
The visceral response that Hummers elicit from true environmentalists is perhaps best captured on the Web site www.fuh2.com, which has posted thousands of pictures of people flipping off Hummers, what it refers to as “the official Hummer H2 salute.”
The H2 is the slightly less offensive version of the original Hummer, a 10,000-pound monster adapted from the Humvee military vehicle that gets about 10 miles per gallon. The high cost and negative stigma attached to the original Hummer eventually caused sales to lag, and General Motors stopped making them earlier this year.
Schwarzenegger was the first private citizen to own a Hummer, back in 1992, reportedly encouraged American Motors (which GM later bought) to produce them for civilian use, and at one time owned at least seven of them.
Environmentalists have been chiding Schwarzenegger for years to set a good example and get rid of his Hummers, but he has only thrown them a couple of bones: he had GM develop one hydrogen-powered Hummer (at a cost of millions of dollars) and has publicly mused about converting one of his four Hummers to biodiesel, a project he hasn’t yet begun.
At one point Schwarzenegger was rumored to have given up his Hummers. But Schwarzenegger spokesperson Darrell Ng told the Guardian the governor still owns four Hummers, which are now in storage while he drives state vehicles, and that he has no plans to get rid of them. Environmentalists say it is a missed opportunity at a critical juncture in the world’s relationship with oil.
“He could say, ‘I was part of the commercialization of these vehicles, and it was a mistake,’” Bill Allayaud, state legislative director for the Sierra Club, told us. “He could have a press conference and have one of his Hummers crushed or blown up, say these were the products of another era, and it would be a very important symbolic gesture.”
We talked to Allayaud just after Schwarzenegger was elected three years ago, and he was “cautiously optimistic” that the governor would protect the environment. Initially, Allayaud was disappointed: “He vetoed a lot of good bills in those first few years.”
Now, after the governor signed landmark legislation to cut back on greenhouse gas emissions and a few other bills that the Sierra Club supported and made a couple of good appointments to regulatory agencies, Allayaud said, “I feel like we’re right back where we were in 2003, like he might be OK … but what do we get in the second term? It’s anybody’s guess.”
After all, every environmental bill Schwarzenegger signed was someone else’s idea, Allayaud said, and many had to be significantly weakened to gain his support. Schwarzenegger also enraged environmentalists and some lawmakers two weeks after signing the global warming measure by issuing an executive order that seemed to weaken its enforcement provisions.
Schwarzenegger starts to sound like an environmentalist only around election time, his critics say, indicating where he really stands. And so does his choice of vehicles.
“It’s a window into the real Schwarzenegger,” Dan Newman, the spokesperson for challenger Phil Angelides, told us. “It exposes the governor as a complete and utter fraud. Someone with seven Hummers pretending to be an environmentalist is akin to Attila the Hun claiming to be a pacifist.”
Others say “the real Schwarzenegger” is reflected in his positions on Props. 87 and 90.
“It’s a neck and neck race, and the oil companies are pouring unprecedented sums against us, $80 million so far [a figure that had risen to more than $90 million by press time],” said Yusef Robb, communications director for the Yes on 87 campaign. As for Governor Hummer, Robb was critical but diplomatic (noting that Schwarzenegger wasn’t actively campaigning against 87), telling us, “Personally, we think it’s an unfortunate choice of vehicles.”
The Schwarzenegger campaign says he would like to see oil companies pay for alternative energy development, but the measure violates his “no new taxes” pledge.
“The governor is opposed to tax increases. Personally, he opposes the initiative, but he strongly supports its goals,” Schwarzenegger campaign spokesperson Julie Soderlund said.
Apparently, such vague statements of support for good environmental policies are enough for the many daily newspapers that have endorsed him, including the San Francisco Chronicle and San Francisco Examiner. But Chronicle staffers did ask about the Hummers at his endorsement interview, and the paper was apparently satisfied with his answer: “As far as my Hummers are concerned, they are very safely stored in some warehouse garage. I have not had an opportunity to drive them, but I don’t think they are polluting the air or ocean sitting in the garage.”
Allayaud said he prefers to focus on indicators with more direct impact, such as the fact that Schwarzenegger’s best annual rating by the California League of Conservation Voters (the 58 percent he received last year; this year he got a 50 percent) was worse than former Gov. Gray Davis’s worst annual rating (72 percent) — and on Schwarzenegger’s stance on Prop. 90.
“If this is close and we lose it,” Allayaud said of the measure, “it’ll be another thing that he didn’t do.” SFBG

Late breaking news: Just as this story was going to press, Schwarzenegger finally came out with a statement opposing Prop. 90, something he resisted doing until a week before election day when many absentee ballots have already been turned in.

The Destroy California Initiative

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› sarah@sfbg.com
If you knew there was an initiative on the ballot that would make it impossible for government to protect the environment, build affordable housing, raise minimum wages, and mandate health care, you’d vote no on it, right?
Especially if you knew this measure would force taxpayers to spend billions to prevent developers and private property owners from doing things that harm neighborhoods, communities, and the environment.
So why is Proposition 90, which does all this and more, still leading in the polls?
It’s all about fear — and the ability of one wealthy real estate investor from New York City to fund a misleading campaign that exploits legitimate concerns about eminent domain.
Eminent domain is the legal procedure that allows the government to take over private property. It’s been used traditionally to build roads, rail lines, schools, hospitals, and the like. But it’s also been used — abused, many would say — to condemn private homes and turn the land over to developers for more lucrative projects. And after the US Supreme Court ruled in 2005 that doing so was OK, it was easy for property-rights types to whip those fears into a frenzy.
New York Libertarian and real estate investor Howie Rich, who hates government regulation, used the court decision to saddle up a herd of Trojan horses with eminent domain, stuffing the poison pills of “highest best use” and “regulatory takings” deep in their saddlebags, slapping their rumps with wads of cash, and sending them into California, Arizona, Idaho, Montana, Nevada, Oklahoma, and Washington.
Here in California, Rich’s millions went in large part toward paying petitioners a buck per signature to qualify Prop. 90 for the ballot. The pitch was stopping eminent domain — but there was little mention of the extreme provisions contained within the measure’s fine print that if passed, will mean more lawyers and fewer herons and hard hats.
For starters Prop. 90 changes the rules for calcuutf8g how much the government has to pay property owners when it takes their land. The new rules would dramatically increase the price of infrastructure and public works projects like building roads and levees, as well as purchasing open space and preserving habitats and endangered species.
Worse, Prop. 90’s language changes the valuation of regulatory takings. That’s legal mumbo jumbo, but what it amounts to is this: whenever the government takes actions that aren’t explicitly for the protection of people’s health and safety — like establishing rent control, minimum wages, and agricultural easements — property owners can claim that the value of their holdings was decreased. (Protecting an endangered species, for example, might prevent some parcels from being developed.) Under Prop. 90 those landowners can file claims of “substantial economic loss” — and put the taxpayers on the hook for billions (see “Proposition 90 Isn’t about Eminent Domain,” page 22).
THE ICE AGE COMETH
Prop. 90 opponents predict that if the measure passes, its effects will be disastrous, wide-ranging, and immediate.
Bill Allayaud, state legislative director for the Sierra Club, told us it was Prop. 90’s “regulatory takings” clause that led to unprecedented opposition after individuals and groups analyzed the measure’s fine print.
“One little paragraph activated a coalition like we’ve never seen in California history,” Allayaud says.
Prop. 90 flushes away a century of land use and community planning, including regulations and ordinances that protect coastal access, preserve historic buildings, limit the use of private airspace, establish inclusionary housing, and save parks. In short, Prop. 90 destroys everything that makes California a decent place to live.
Over at the California Coastal Commission, executive director Peter Douglas frets that his agency will no longer be able to carry out its mandate to protect the coast.
“Every decision the Coastal Commission makes where we approve projects but impose conditions to protect neighborhoods and communities will be subject to claims,” Douglas says.
“Sensitive environments like the San Francisco Bay and Lake Tahoe will be exposed, along with residential neighborhoods, ag lands, and public parklands. And it will erode the state’s ability to protect against new offshore oil drilling, new liquid natural gas terminals, harmful ocean energy projects like offshore wind turbines and wave energy machines and make it impossible to set aside essential marine reserves to restore marine life and fisheries.”
Members of the California Chamber of Commerce oppose Prop. 90 because it will make it more complicated and costly to build new infrastructure like freeway lanes, sewer lines, levees, and utility sites.
President Allan Zaremberg observes, “At a time when California is trying to finally address the huge backlog of needed roads, schools, and flood protection–water delivery systems, the massive new costs of Prop. 90 would destroy our efforts to improve infrastructure.”
Among government agencies the outlook is equally bleak. Unlike Oregon’s Measure 37, which passed in 2004 and has already led to over $5 billion in claims, Prop. 90 isn’t limited to private land but extends to private economic interests. This wide-ranging scope means that it’ll be almost impossible for government to regulate business without facing claims of “substantial economic loss,” making it prohibitive to protect consumers, establish mandatory health care coverage, or raise minimum wages.
San Francisco city attorney Dennis Herrera told the Guardian, “If Prop. 90 passes, we might as well get out of the business of local government.”
BACK TO THE FUTURE
Asked what California would look like if Prop. 90 had been law for a decade, Gary Patton, executive director of the Planning and Conservation League, paints a sprawl-filled picture.
“All the project proposals that weren’t built would have been, open space and parks wouldn’t have been preserved, almost every public works project would have been affected, and things wouldn’t have been constructed, because there would have been no money because the cost of everything would have gone up.”
Currently, the cost of a piece of land is valued by the market. Under Prop. 90 land would be valued by what it might be used for.
“For instance, a piece of land alongside a highway could one day be developed into a subdivision,” Patton explains. “So that’s the price it would have to be bought at. So unless taxes are raised, Prop. 90’s passage would mean that California would be able to do less. Traffic would be worse. The affordable housing crisis would intensify. Fewer swimming pools and civic centers would be built. Everything that’s done through spending dollars collectively would cost more.”
Within the Bay Area individual communities have chosen to adopt urban growth boundaries, but if Prop. 90 was already in place, Patton says, many environmental and community protection projects wouldn’t have happened.
“Where now we have more focused growth, which is economically and socially as well as environmentally beneficial, there’d be lots more sprawl,” Patton explains. “We’d be a lot more like Fresno and Bakersfield and San Bernardino and Los Angeles. The Bay Area is a place where more people have got together and made sure their communities did things that have been beneficial.”
As for restoring Golden Gate’s Crissy Field or the South Bay Salt Ponds or preserving bird and wildlife sanctuaries, forget about it.
“We’d be more like Houston. Prop. 90 says unless you can pay me for not developing this land, then one day I’m gonna be able to develop it,” Patton says.
A LAWYER’S WET DREAM
Mary Ann O’Malley, a fiscal and policy analyst at the state’s Legislative Analyst’s Office, helped write the legislative analysis for Prop. 90 and as such is familiar with the measure’s far-reaching but more obscure provisions.
“Governments will be required to sell land back to its original owner if they stop using the land for the purpose stated when it took the property in the first place,” O’Malley explains. “And government won’t be able to condemn property to build on another property for the purpose of increasing local government’s tax revenues, but it could do so to build roads and schools.”
As for how the “regulatory takings” section of Prop. 90 affects government’s ability to protect the environment, O’Malley says local governments frequently impose case by case mitigation requirements to uphold the Endangered Species Act, telling a developer where it can build.
“If this is simply an enforcement procedure required by the Endangered Species Act, then it probably would not be viewed as a compensatory act, but if it’s an independent local project decision, it might fall within Prop. 90’s purview.”
Although Prop. 90 supporters say it won’t affect existing laws, Douglas says it’s simplistic to believe that current zoning won’t be superceded.
“Zoning plans aren’t exclusive. They may allow ancillary uses with government’s approval. For instance, you can build additional housing and wineries on ag land, but sometimes these uses are totally incompatible with the area. At which point local government steps in and says, ‘Oh no you don’t.’ But under Prop. 90 government is vulnerable to claims.
“Taxpayers are gonna be stuck with a multibillion-dollar bill. It should be called the ‘Destroy California Initiative.’” SFBG
Read about the Proposition 90 money trail and the truth behind the campaign’s stories at www.sfbg.com.

Proposition 90 isn’t about eminent domain

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Here are some of the things that could be impacted if Proposition 90 passes: NEIGHBORHOOD PLANNING Developers could argue against providing additional community benefits, which are often mandated when increased building height or density is allowed. New zoning restrictions would be hit hard. LOCAL LAWS If Prop. 90 passes, it amends the state’s constitution — and virtually nullifies a number of local antisprawl and smart-growth measures also on the November ballot. In San Francisco the formula retail ordinance (Proposition G) and the tenant relocation ordinance (Proposition H) could create costly litigation. ELLIS ACT Prop. 90 does not affect statutes, ordinances, and measures that already exist, but new tenant protection would be rendered moot. “Any amendment to our law that would cost the city money would be affected by Prop. 90,” said Delene Wolf of the Rent Board. PUBLIC POWER Prop. 90 doesn’t lend any help to municipalities looking to control their own utilities. If San Francisco were to kick out Pacific Gas and Electric and take over the utility’s distribution infrastructure, the corporation could tack millions of additional dollars onto the city’s bill by arguing a loss of future revenue from the seizure. MANDATORY HEALTH COVERAGE San Francisco passed its landmark universal health care plan earlier this year. But with the plan set to be introduced in stages, there’s uncertainty as to whether it will leave the city open to claims of “substantial economic loss” from small businesses opposed to its passage. HISTORIC PRESERVATION St. Brigid Catholic Church in San Francisco is owned by the Academy of Art Institute, which recently petitioned the Board of Supervisors to have national landmark status removed from the 100-year-old building — allowing for a drastic altering of its Romanesque facade. The board denied the request this past October. Under Prop. 90 the Academy of Art could sue the city for the cost of adhering to these guidelines or for the profit lost for what it would have used the building for if allowed to change it. (Amanda Witherell and Sarah Phelan)