G.W. Schulz

The bigger picture

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Considering the potential impacts of the First DataBank litigation, which easily reach the billions of dollars, and the evidence that two companies with big footprints in San Francisco (Hearst, which owns the Chronicle, and McKesson, one of the city’s biggest corporations) may have conspired to cheat consumers, this story has gotten very little press coverage.

And the news reports that have run have missed some major points.

The suit, brought by a group of unions scattered over the northeastern United States, charges that McKesson Corp, and First DataBank, a publication owned by Hearst, conspired to artificially and arbitrarily raise prescription drug prices costing health plans (such as the ones maintained by the plaintiffs’ unions), private insurers and state Medicaid offices approximately $7 billion between 2001 and 2005.

Pharmaceutical industry publications have covered the news, but otherwise, it has been relegated to the business press (the Hearst-owned Chronicle caught up to the story weeks after the plaintiffs proposed a settlement deal with First DataBank and dumped it in the business section).

When such stories are assigned to a business reporter, they can take a different dimension. The business press has a tendency to focus on how this type of litigation might negatively impact Wall Street — rather than emphasizing how class-action suits are a tool for consumers to pursue relief when they believe Big Pharma (or any major corporation for that matter) has broken the law.

Some flaws in the coverage and facts that the press hasn’t played up are listed below:

* A McKesson spokesperson told the Chronicle that the company “would certainly support a move away from [average wholesale price] that created a more logical and stable reimbursement structure for all parties in the health-care system.” But the plaintiffs contend, relying on an untold number of internal e-mails and memos obtained by their attorneys, that McKesson and First DataBank both knew exactly what was going on and actively worked to keep it a secret. McKesson flat-out denies it knew anything about what was happening to First DataBank’s published average wholesale price. But according to one e-mail cited in legal papers, the alleged scheme was so controversial that the two companies scorned drug producers who smelled legal trouble after becoming aware of it and attempted to back away.

* McKesson today is still working to recover from a $9 billion accounting scandal that in 1999 led four executives from a subsidiary to plead guilty to conspiracy and securities fraud and nearly landed two more behind bars before a federal jury deadlocked on three charges with a single holdout vote. U.S. Attorney Kevin Ryan has not yet announced whether his office will attempt to retry the two men.

* In 1998, the Federal Trade Commission blocked attempted mergers by the nation’s four largest drug wholesalers, which would have reduced the number to two. McKesson wanted to acquire the company AmeriSource Health Corp., and a company called Cardinal Health attempted to acquire Bergen Brunswig Corp. AmeriSource and Bergen did, however, ultimately merge with one another bringing the number of major wholesalers to just three. Even though the original deal was stopped, McKesson quietly revealed in 2005 through a Securities and Exchange Commission filing that the FTC had requested documents from the company and was investigating whether it had engaged in anticompetitive practices with other major wholesalers in order to limit competition. At the time that McKesson and Amerisource’s proposed merger was halted in 1998, then FTC-director William Baer expressed serious concerns about two corporations dominating a substantial portion of the drug wholesale market. “If allowed to merge into two firms, the two surviving companies would control over 80 percent of the prescription drugs sold through wholesalers in the country,” he said at the time. “That means higher prices for prescription drugs and a reduction in the timely delivery of these drugs to hospitals, nursing homes and drugstores, which could affect patient care.”

* First DataBank has had its own problems with the FTC. The company was founded in 1977, and Hearst purchased it in 1980. Federal records show that in 1998, Hearst bought another $38 million company that owned one of First DataBank’s only real competitors, Medi-Span. A later investigation by the FTC revealed that Hearst had failed to turn over key documents to the Justice Department’s antitrust division during the sale. As a result, the feds slapped Hearst with a $4 million fine in 2001, at that time the largest pre-merger antitrust penalty in U.S. history. The FTC also belatedly concluded that Hearst’s ownership of Medi-Span gave it a monopoly over the drug database market and not only required that Hearst give up Medi-Span but forced the company to disgorge $19 million in profits generated from the acquisition.

* Anthony Wright, executive director of Health Access California, a health-care reform non-profit based in Oakland, told us that in past years, the state legislature has been more likely to cut the Medi-Cal budget than to look seriously at how the pharmaceutical industry might be manipuutf8g drug prices. He said only after a tough battle in Sacramento this year were Medi-Cal cuts originally supported by both Democrats and Republicans stopped. “From a state perspective, when faced with a budget shortfall, it is easier to look first at simply providing less services than the politically and operationally tougher job of trying to find savings from drug companies or others,” he said. In recent years at least, several state attorneys general, including California’s Bill Lockyer, began probing evidence that the average wholesale price was not only known to be an inaccurate benchmark by industry insiders for drug reimbursements, but that manufacturers, too, had participated in infutf8g those prices in a method similar to what McKesson is alleged to have done. Health-care policy wonks say the average wholesale price has been a problem for decades.

Schemes such as the one alleged in the First DataBank litigation are highly complex, making it difficult for laypersons to identify them. Unfortunately reporters and editors have also been known to avoid such stories like the plague, because they’re seemingly too difficult to summarize and not as sexy as local crime and celebrity gossip — even though billions of dollars could be at stake.

Judge blocks newspaper monopoly

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

JUDGE GRANTS CLINT REILLY’S REQUEST FOR PRELIMINARY INJUNCTION

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By G.W. Schulz

In a short decision released just hours ago, federal judge Susan Illston granted Clint Reilly’s request to enjoin the Hearst Corp. and MediaNews Group from discussing any cooperative agreements until Reilly’s antitrust complaint against the two companies and other business partners goes to trial next April.

Reilly and his attorney, Joe Alioto, had requested the preliminary injunction (after the first request was denied because a $300 million Hearst investment in MediaNews stock had not yet technically been consummated) arguing that the defendants had withheld from the court a letter outlining how the two companies might be able to share delivery trucks and advertising efforts, discussions that Reilly believed threatened antitrust rules.

“I don’t drink Diet Coke. I drink screwdrivers. And bathe in gasoline. ‘Cause I’m a man.”

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By G.W. Schulz

Looks like the San Francisco Police Officers Association is attemtping to remake the Afghan police force in its own Charles-Bronson image.

This month’s POA Journal features a photo of an Afghan police advisor wearing one of the shirts quoting POA president Gary Delagnes from the last election: “I don’t drink Diet Coke. I drink screwdrivers.” If it’s not so clear just yet, Gary Delagnes is a man. A tough man. He drinks screwdrivers. And chews on bullets.

Anyway, the statement came after the San Francisco Firefighters Local 798 announced it would be endorsing Chris Daly in his reelection bid for the District 6 supervisor’s seat over newcomer Rob Black. Matier & Ross at the Chronicle reported first that Delagnes was annoyed about the endorsement (Delagnes and Daly have never gotten along so well, to put it lightly.)

Wise-cracking Local 798 president John Hanley had suggested that perhaps Daly and Delagnes could sit down to discuss their differences over Diet Cokes. But Gary Delagnes doesn’t drink Diet Coke. He’s a man. A tough man. He drinks screwdrivers. And snacks on chainlink. And uses a buzzsaw for a knife when he’s eating t-bone steaks. Some cops had the shirts made up after the now-notorius quote was uttered. Daly, for his part, was none too happy.

There’s no real explanation by the Journal for how the shirt ended up in Afghanistan. But here’s the caption to the photo:

“In this shot, an Afghan police advisor dons one of the infamous t-shirts that appeared after President Delagnes scoffed at the notion that he would enjoy a diet Pepsi [sic] with Supervisor Chris Daly. The shirts were not POA produced or approved, but rumor has it that translation into Farsi will appear shortly.”

‘Problem with AK-47s is they explode in the abdomen. Basically, a bomb went off in his tummy.’

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By G.W. Schulz

The Chronicle on Sunday launched its lengthy four-part series on the San Francisco General Hospital with the threaded narrative of a 14-year-old boy who was shot in his mid-section by an assault rifle last spring and appeared at the trauma center with seemingly little hope of remaining alive.

In 2001, the boy’s father had been killed by gunfire just a short distance away in the Hunters Point housing project where they lived. After a brief stint in juvenile hall for general teen trouble following his dad’s killing, the Chron’s Mike Weiss reported, the boy’s behavior had begun to improve before he, too, was gunned down for reportedly tossing a water balloon at a friend that accidentally splashed the wrong person.

Weiss then recounts in stunning detail what it took for SF General to put the boy’s guts back together – he barely managed to survive after several surgeries.

The Chron quotes a surgeon:

“‘Problem with AK-47s is they explode in the abdomen. Basically, a bomb went off in his tummy.'”

The photo leading the Chron’s story that day depicted the boy splayed out on a gurney, naked, with an oxygen mask attached to his face. The intent of the Chron’s pieces was to focus on life inside the nationally recognized hospital and the resources it takes to sustain the city’s only trauma center. The names of both the boy and his father are not revealed by the paper.

More on Hearst and MediaNews

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By G.W. Schulz

We confirmed earlier this week through court records that Hearst and MediaNews are continuing their business relationship with plans to purchase the Daily Breeze in Southern California for $25 million. The Breeze itself confirmed the news with its own story a few days ago.

Word of the deal surfaced in court records filed last week in Clint Reilly’s civil suit against Hearst, MediaNews and others alleging anti-competition. We’ll have more on this story coming up in a couple of days in the Guardian. There’s a whole lot going on here and it’s happening fast.

Meanwhile, cheers to Chronicle reporter Mike Weiss for the first in a four-part series about the day-to-day operations of San Francisco General Hospital published in the paper today. The lead installment contained a gripping look at the hospital’s trauma center and puts a microscope on the tragedy of gun violence in the city.

The paper has unfortunately buried some of its very good recent coverage of homicides in the East Bay, and a closer look at just how brutal gunshot wounds are and how they effect San Francisco was much desired. Knowing so many people at General are fiercely committed to treating poor patients, too, makes you pretty damn proud to be a San Franciscan. But the hospital could still face closure in a few years if we don’t meet some tough state standards for earthquake preparedness.

Got piss?

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By G.W. Schulz

I can’t decide what’s creepier. The fact that an advertising firm has made a bus stop smell like cookies to promote milk, or the fact that said advertising campaign has itself become an ongoing news story. Yesterday, the Examiner made the geniuses behind the campaign into a news item. Ever wonder what all those douchebags who fill the Mission on the weekends do for a day job? This is it. Maybe tomorrow, Matier & Ross can analyze how the contrived smell of cookies mingles with the smell of a piss-soaked downtown alley. Nothing is sacred and nothing is off limits when you work in marketing and advertising.

Get Your (Conflict) Rocks Off

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By Sarah Phelan
Diamonds, so the saying goes, are a girl’s best friend, especially during the holiday season, which is when 25 percent of the sales of these gems reportedly take place.
But does it make sense to give your sweetie a diamond as a symbol of your love, when so many of these brilliant sparklers have caused death and destruction for so many African souls?

“Conflict diamonds” are sparklers that are mined in war zones and sold to finance African paramilitary groups. But while that practice is said to be lessening, unethical child labor practices and unacceptable environmental degradation continues unabated in Africa, which is where 49 percent of the world’s diamonds originate. These harsh realities became clear to San Francisco resident Beth Gerstein when she was shopping for an engagement ring. This discovery led her to found Brilliant Earth, which specializes in independently mined diamonds of what she calls “ethical origin,” most of them from Canada, which has some of the toughest labor standards in the world.
“Diamonds are supposed to be a symbol of love and commitment, but the industry has fueled a lot of civil wars, and many workers continue to live in abject poverty and work in dangerous and environmentally degrading conditions,” says Gerstein, noting that the movie Blood Diamond, which premiers Dec. 8, “has created a lot of defensive reaction within the diamond industry.”
“People should be proud to wear diamonds. An ethically-mined, conflict-free diamond will carry a slight premium, but it’s still competitively priced,” says Gerstein, who notes that if the whole notion of wearing diamonds turns you off, you can also donate your previously worn diamonds or family heirlooms to the Diamonds for Africa Fund, which Brilliant Earth cofounded with the Indigenous Land Rights Fund. Proceeds benefit the San Bushmen in Botswana, improve health conditions and education in villages in the Congo, and help children in Sierra Leone, who’ve been affected by conflict diamonds.

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

Josh Wolf’s Thanksgiving

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By Sarah Phelan

Got a letter today that Josh Wolf wrote on Thanksgiving in which he reports that he got a “fairly tasty and very substantial Thanksgiving dinner at noon, followed by a sack lunch at 2:30 pm for dinner.”

That said, he wrote about having only had three phone interviews since his return to Dublin—one from the Bay Guardian, one from the Chronicle, one from MTV.

“Hardly a high demand even given the limited resources of a cash-strapped prison budget,” observes Wolf of the prison’s decision to deny him on-camera interviews and to forbid phone interviews from being taped.

‘Pro-competition collaboration’

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By G.W. Schulz

Real estate mogul Clint Reilly’s attempt to stop a major media buyout involving MediaNews and the Hearst Corp. turned a corner earlier this week when Reilly’s attorney, Joe Alioto, asked a federal judge for a temporary restraining order to stop certain business activities taking place at both companies that could change the dimensions of the Bay Area newspaper establishment.

Alioto fears that if changes at several of the local daily papers become too significant, no decision made during trial could turn them back, including recently announced job cuts at the papers. The judge has yet to rule, but a decision will likely to be handed down by Monday.

The hearing on Thursday devolved at times into a heated exchange between Alioto and the Hearst attorney, Daniel Wall. Alioto says an April letter confirms that Hearst and MediaNews have been discussing the possibility of combining some circulation and ad functions. Wall fired back that the San Francisco Chronicle is bleeding millions of dollars annually and the only way to save it is to reduce costs through “pro-competition collaboration.”

More on this soon.

Election wraps, sucka

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By G.W. Schulz

Ahhhhh, yes. Another energy draining election night for the Bay Guardian, as many of our former reporters can fondly remember. Run across the city to three or more parties, squeeze through the crowds, pray no one spills wine down your back, bug the candidate for a comment, watch supporters anxiously stand around and wonder if the night’s going to end in a drunken disappointment, track down a payphone in the bathroom (as I did at Momo’s for Rob Black’s party – I gave up my cell phone months ago), and hope a few friends will be at the bar when you finish things up.

Then, after all of that, beg the gods not to let some dipshit who hates the 1st Amendment bring down the Guardian’s Web site as our staffers are trying to post new material on the blog. We were attacked, but it didn’t work, so whoever you are, you’ll just have to start your own newspaper. Poor baby.

First things first. THE INFAMOUSLY CONSERVATIVE SEN. RICK SANTORUM LOST HIS REELCTION BID! And you have the beloved Dan Savage of The Stranger to thank, at least in part. Thank you, blessed Dan. Of course, Savage has posted what is frankly a very fucking funny caption contest on The Stranger’s staff blog. But Wonkette gets credit for catching another very hilarious photo. Not enough? Go here. Many of you likely remember Dan inviting readers awhile back to identify a sexual substance that deserves the title “Santorum.”

Backing Black

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live report by G. W. Schulz

Rob Black’s election night party is easily the best dressed I’ve been to so far. Lots of ties. Lots of heels. Lots of good hair. Lots of white people, frankly. What’s more, the party is being held at the very swanky Momo’s just across the street from Giants’ stadium.

Marie Harrison’s home for the city

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By G.W. Schulz

I showed up at Marie Harrison’s beautiful Bayview-Hunter’s Point home on Quesada Street early at around 7 o’clock. A handful of supporters began to appear along with her husband, son, daughter-in-law and a few others.

If you’ve never seen Harrison’s block, go there. It will change your entire perception of the southeast neighborhoods if you haven’t seen the strip of stunning homes and meticulously maintained gardens that split Quesada complete with veggies and big flowers.

Maxwell leading in early numbers

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By G.W. Schulz

District 10 incumbent Sophie Maxwell was winning by a large margin when I showed up at the Fanatics Sports Bar near Third Street and Cesar Chavez. About 75 supporters were around at that time among tables spread with confetti and food.

A group of large TVs were showing results on the walls, with former mayor Willie Brown flapping his jaw as a commentator on one of them.

Google in the newspaper biz?

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By G.W. Schulz

The New York Times reported yesterday (and NPR followed up with a little piece) that Google planned to start selling advertisements in the print editions of 50 major newspapers for a test run. Considering the search-engine giant’s business still relies on advertising at the end of the day despite where it’s hunting lately for new investments, it looks like the “do no evil” kingpins of Wall Street are hoping to build an alliance with the old guard of journalism and information dissemination.

According to the Times:

“Advertisers can log into Google’s main advertising system, known as AdWords, and click to go to the newspaper section. They will see a list of the participating papers and the sorts of ads that are available. They can then enter a bid for a certain type of advertisement, specifying the section and date range. Newspapers in turn see these bids and accept the ones they want.”

Hell, maybe we’ll see a full-size Fleshbot ad in the Orange County Register by the end of the Month. Likely not.

Anyway, Google appears to be trying to figure out what to do with its mountains of cash and now globally recognized brand name. They couldn’t throw $1.6 billion at YouTube and its tangle of litigation fast enough.

So, where to next, Google? Selling gorilla graffiti spots on sidewalks?

Two drug execs escape jail … for now

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By G.W. Schulz

Two former executives at the San Francisco-based McKesson Corp. escaped prison sentences by the skin of their teeth late last week in this ongoing era of blind fury over corporate corruption. And McKesson’s former blue suits have the indecisiveness of just one juror out of 12 to thank.

The two were acquitted on one count of securities fraud stemming from a $9 billion accounting scandal, but a mistrial was declared after the jury deadlocked 11-1 on three of the remaining counts. Four other executives were previously convicted in a scheme by which the company allegedly overstated revenue to the tune of $300 million during its merger with an Atlanta-based outfit called HBO & Co.

McKesson is one of the nation’s largest prescription-drug wholesalers with revenue of $88 billion annually. It’s current CEO, John Hammergren, makes more each year than even the head of Bay Area-based ChevronTexaco.

One juror told the Associated Press that the rebel holdout “got to the point where he didn’t want to be talked to anymore.” U.S. Attorney Kevin Ryan’s office is determining whether to retry, which could still land the two men, Charles McCall and Jay Lapine, in jail for 10 years each.

The Guardian reported in late October that McKesson is in no small amount of trouble these days. The company, along with the New York-based Hearst Corp., which owns the San Francisco Chronicle, was charged by a group of unions in a civil suit filed in a Boston federal court last year of conspiring to inflate drug prices. Hearst owns a drug info publishing company based in San Bruno called First DataBank. The suit alleges that the effort caused consumers to overpay $7 billion for prescription drugs between 2001 and 2005. First DataBank has since settled, as we reported, but McKesson is still a major target of the lawsuit.

Big Pharma is nearly as profitable as Big Oil these days. The state of California pays out over $3 billion each year for prescription drugs through programs that benefit children and the indigent, while Santa Clara County alone — as a smaller-scale example — pays out nearly $35 million. (Santa Clara County sued a bunch of manufacturers and wholesalers a couple of years ago for allegedly rigging prices, but the case was recently tossed out of federal court in San Francisco.)

Defense attorneys for the former McKesson execs are calling last week’s ruling a victory, but Wall Street didn’t appear to see it that way. Value of the company’s shares dropped by nearly a half following announcement of the news to $35. The company quickly informed the business press just a few days later of its $1.1 billion purchase of Georgia-based Per-Se Technologies and just as soon recovered $15 per share of the drop. Guess corporate ethics don’t have to be much of a pain in the monetary ass after all.

Pacificans continue their battle with a Miami developer

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By G.W. Schulz

For locals familiar with the small town of Pacifica, nestled quietly off Highway 1 a few miles south of the city, major commercial development isn’t the first thing that comes to mind. It’s mostly a residential town with a Safeway, a Taco Bell, and not much else comprising its business community as far as chains go.

Over the years, various developers have targeted a patch of empty land near the beach that once served as an 87-acre rock quarry (known as Rockaway Quarry) until its owner grew old and Pacificans began using the now naturally outgrown tract as a network of unmarked trails.

An East Coast developer named R. Donahue Peebles bought the quarry last summer for $7.5 million and has pledged to build 350 exclusive hotel suites, 130 single-family homes, more than 200 town houses, live-work lofts and apartments, and an untold number of stores, such as the Gap and Trader Joe’s.

But Peebles is up against one thing that has stopped developers in the past: a 1983 city ordinance that requires any developer to receive voter approval before including a housing element in the quarry’s future. Pacifica has so much residential property as it stands that its early hope was to attract some commercial businesses to help fortify city coffers with new tax revenue. But Peebles stands to make a hefty chunk of change if housing is included in the development; he’s told the business press in the past that single-family homes on the property could range anywhere from $3 million to $8 million.

Peebles has so far shrewdly declined to submit an official plan to the city, but through a series of public meetings has been promising a mixture of housing and commercial elements, both designed with New Urbanism concepts.

When we first reported this story a few months ago, records we’d obtained from Pacifica’s City Hall showed Peebles had already spent $163,000 attempting to overcome the 1983 law with Measure L, which Pacifica residents will vote on today. Since then, we’ve learned that Peebles has spent $1.3 million, and critics are now complaining about two push polls residents have received in recent months. (One reported question: “Would you prefer this project or the big-box store it’s currently zoned for?”)

We noted that Peebles had hired a costly public relations firm (two staffers worked as communications hacks for both the Democratic AND Republican parties; only big money consulting gigs can truly ease partisan woes) and a group of Sacramento lawyers known for their success at carrying ballot measures. Tens of thousands more went to professional petition circulators. Peebles is no virgin to development battles. He’s played a role in erecting major hotels and commercial office buildings inside cities on the East Coast where cronyism and pay-to-play politics are a fact of everyday life.

And Peebles isn’t the first developer to take on Pacifica’s 1983 law. Just a few years ago, a publicly traded Texas developer named Trammell Crow spent nearly $300,000 in an attempt to build 165,000 square feet of retail space, over 300 apartments and townhouses and a town center. The effort was easily defeated by voters. Some concern over how development at the quarry would impact the area ecologically still exists today.

Rain or shine, opponents of Measure L say they’ll be taking a walk along the quarry this evening after an election party.

Well, not exactly

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When supporters of Prop. 90 submitted their ballot argument for the state voters handbook, they made sure to list off the poignant tales of some eminent domain victims.
But perhaps the stories of these victims could have included a little more detail.
The owner of a luggage store in Los Angeles, Bob Blue, did indeed have his 5,500 square-foot building threatened by a multimillion-dollar redevelopment project. But the city of Hollywood backed off recently following a wave of opposition and the condominiums and apartments planned for the location will now be literally built around him.
A redevelopment board in Long Beach offered the pastor of a small Filipino church there $850,000, 13 possible alternative locations and moving expenses before giving up earlier this year in exasperation on Roem Agustin and his congregation, which didn’t want to go. The city had hoped to build an affordable housing complex where the church was located.
Manny Romero’s restaurant was targeted by the apparently not-so-bright city of Arcadia that wanted to help a nearby Mercedes dealership expand its parking lot, but officials have since backed away fearing retribution from angry residents and what most certainly would have been an enormous amount of bad press.
The fourth “eminent domain victim” cited by Prop. 90 supporters is actually the best one as far as politically charged case studies go. John Revelli was truly screwed by the city of Oakland when in the summer of 2005 he was forced to give up his tire shop for a real-estate development paid for in part by public funds. The area has been designated as a redevelopment zone for 20 years. The city offered about $650,000 plus relocation expenses to move, but Revelli and the owner of the land, Tony Fung, believed they’d never manage to afford a new location. Revelli has since become a part-time national spokesperson for the fight against eminent domain.

The Prop. 90 money trail

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Prop. 90’s moneyed backers are battle-scarred veterans of an ongoing movement across the United States to foist right-wing ballot measures onto voters at the state level using gobs of money from a handful of enormously wealthy libertarian ideologues.
The largest contributors have links to the infamous anti-tax zealot Grover Norquist who once famously vowed to cut government in half and “get it down to the size where we can drown it in the bathtub.”
As of late September, the pro-Prop. 90 Protect Our Homes Coalition had spent $3.4 million on its campaign, most of the expenditures covering campaign literature, phone banks and petition circulators. Nearly half of the money — $1.5 million — came from a group known as the Fund for Democracy, which was founded by a wealthy New York libertarian activist and real-estate investor named Howie Rich. The advocacy group has bankrolled anti-government ballot measures across the United States including a handful aimed at capping annual spending for state governments.
That effort began in Colorado with the so-called Taxpayer’s Bill of Rights, a voter insurrection similar to California’s Proposition 13. Colorado’s TABOR, as it’s also known, allows for the state’s government to generate revenue equal only to the previous year’s budget plus the inflation rate. TABOR so badly crippled Colorado after it was passed in 1992 that it left the state’s health care and education infrastructures gasping for air, and Colorado voters temporarily put it on hold last year as a result. But that didn’t slow down Rich and others, who attempted to introduce TABOR-like initiatives elsewhere.
The other large contribution of $1 million to the Prop. 90 campaign came from the Illinois-based Americans for Limited Government. ALG helped fund an attempt to impose revenue caps on Oklahoma lawmakers last year, but that was shot down after a company hired by the group Oklahomans in Action to gather signatures was caught illegally bussing in petition circulators from out of state.
So far, Protect Our Homes has spent a whopping $1.8 million just to circulate petitions in California and tens of thousands more on campaign consultants, according to state records.
Large contributions to Protect Our Homes also came from the ALG-supported group Montanans in Action ($600,000), the Illinois-based and pro-TABOR Club for Growth State Action ($220,000) and Colorado at its Best ($50,000). Most of the large contributors have some sort of link to Howie Rich. The San Francisco Chronicle concluded early last month that some of Rich’s political groups have received money from Norquist in the past.
Advocacy groups are legally permitted to spend as much as they like on ballot initiatives in California.

Potholes, boozehounds and graffiti all stricken with fear in the wake of Newsom’s speech

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By G.W. Schulz

Newsom proved during his State of the City speech yesterday at Burton High School in the Portola neighborhood that he’s got all the skills in the world necessary to … fill potholes. Look out world. Our fine-looking mayor has announced a sweeping new initiative to thoroughly repair the city’s roads.

“Not just patchwork,” he growled, as the utilities, seen regularly these days chopping up pavement across the city to mend the network of pipes underneath, trembled in fear.

With the guts of a grizzled marine, he challenged graffiti to a duel. Forging ahead with raw conviction, he fearlessly vowed to tackle busted sidewalks. And God-damn if it ain’t tough findin’ a cab in this city when you’re wasted and the party’s movin’ from last call to a friend’s apartment. That will change under the FDR-inspired, second-term platform of Gavin “the pulpit-pounding populist” Newsom.

SPECIAL: Candy apples and razor blades

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› gwschulz@sfbg.com
Colorado Springs, Colo., is likely the most Christian city in America, a Vatican for the Evangelicals, if you will. It’s home base for some of the most potent forces in Christian conservative politics, and perhaps no place in the country celebrates Christmas with as much conviction. The central Colorado city of 350,000 even sports a 25-acre Christmas-themed amusement park known as Santa’s Workshop that stays open from spring until the end of the year, complete with rides and a shop selling miniature nativity sets and Precious Moments figurines. Christmas, more than any other event, defines the reputation of this sort of conservative religious town.
San Francisco, on the other hand, could be the most secular city in America — and as far as national holidays go, Halloween best represents our taste for light sin and playful fascination with the demonic.
And for better or worse, much of it happens in the Castro, in a giant frenzy of partying that attracts not only local revelers but spectators from around the Bay Area. Therein lies what over the years has become something of a problem.
With literally days remaining before more than 100,000 people are expected in the neighborhood, the city still hasn’t made clear exactly how it’s going to respond, what the rules will be — or whether partyers will really be greeted at 11 p.m. with water hoses.
In fact, some fear that the confusion and disorganization, combined with rumors that the city wants to make the event as unpleasant as possible to discourage huge crowds, could lead to a nasty backlash.
The last couple of years haven’t actually been all that bad, according to post-Halloween Chronicle headlines. “A Not-Too-Scary Halloween,” began last year’s headline. “Police call Castro event one of the most peaceful lately.” A 2004 story declared the event that year for the most part a success too, the Chron’s perpetually nerdy headlines notwithstanding. “Spooky but Safe Fright Night: Tens of thousands converge on the Castro for a far-out, but peaceful, celebration.” Even 2003 wasn’t necessarily that terrible, despite one guy getting shot in the leg. The cops aggressively worked to keep out booze, and a lane through the crowds was widened for emergency vehicles.
But Castro residents haven’t forgotten when things did get out of control. A record 300,000 people turned out in 2002, and police said at the time that well before midnight, the crowd’s mood had turned dark. Four people were stabbed or slashed, bottles were lobbed at the cops, and 30 people were arrested. In 2001, 50 people were arrested, and one woman told police that she was drugged, abducted, and taken to a dirt road in South San Francisco, where she was raped by three men.
And community concerns about violence are on the rise these days in the Castro, where three assaults have taken place since July.
Frustration over what Halloween in the Castro had become — it began three decades ago as a block party and turned into a regional event for wall-to-wall crowds, which police in 2002 estimated were 60 percent visitors to the city — led to this year’s event becoming a campaign issue for District 8 incumbent Bevan Dufty and challenger Alix Rosenthal.
In a larger sense, the debate raises a question that has the late-night crowd up in arms: is San Francisco becoming too staid and cautious to hold a big, wild party?
Complaints about Halloween have been growing for some time. Castro residents and merchants who have grown tired of having to mop up foreign substances from the sidewalks and repair broken windows each year on Nov. 1 have approached Dufty, who earlier this year proposed ending all city support for the event in the hope of keeping the big, rowdy crowds away.
Problem is, you can’t really scrap Halloween in the Castro. Critics of Dufty’s proposal feared (and likely hoped) revelers would show up anyway.
Since then, Dufty and other city officials have been looking for a compromise — but few specifics have emerged. Dufty, who has been involved in negotiations with neighborhood residents and city officials, promised weeks ago that an outline for security measures and an entertainment itinerary would be available at www.halloweeninthecastro.com. But at press time the Web site was still empty.
“It’s totally appalling that the first planning meeting was in July,” Rosenthal said in an interview. “It should have been organized a year in advance…. I haven’t seen any public service announcements. If you’re going to fundamentally change an event like Halloween, you need to tell people what you’re going to do.”
Suggestions from Dufty, confirmed for us by the Mission District police station, include having just one music stage (there were three last year), keeping the Castro Muni open as opposed to previous years, and beefing up the public-safety presence at Market and Noe streets. Then, at 11 o’clock, water trucks would appear to clean the streets.
Over the last few months Rosenthal has suggested that the event be turned into a parade to keep the anxious crowds occupied, similar to what takes place in New York’s Greenwich Village each year. Access would be limited to one entry gate where sliding scale donations would be taken to help cover costs, and costumed attendees, whom Rosenthal said would perhaps be less likely to cause major disturbances, would receive a discount. Other access points would be for exits only.
She said police commanders from the Mission station have taken the position that Halloween should be as unpleasant as possible to discourage large crowds in the future, but the result could be angry resistance from partygoers. Sgt. Mark Solomon from the Mission station said he wouldn’t describe it as “unpleasant” but said there are certain types of visitors who can cause a variety of problems for the neighborhood.
“The outsiders who are coming in and urinating and defecating on the sidewalks and having sex and leaving the condoms behind, we’re going to address those kinds of problems and make them not want to come back,” Solomon said.
Rosenthal remains skeptical that Halloween in the Castro is sufficiently organized this year and properly balances honoring a long-running tradition and meeting the needs of fed-up Castro residents.
“There are a lot of people who just want to get rid of Halloween in the Castro entirely,” she said. “We can make this a fun party. Making this unpleasant will only make it more violent. I fear retribution.”
The Mayor’s Office now appears to have taken over responsibility for the event, but Martha Cohen, whom Dufty told us is in charge of the event, wasn’t available for comment.
Ted Strosser of the fun-advocacy group SF Party Party, which is celebrating its one-year anniversary on Halloween, said the outfit is concerned that allowing too many restrictions for the event would stifle the city’s traditional reverence for street parties. SF Party Party plans this year to canvass the city again with 100 costumed and party-crawling Abe Lincolns. He said trying to end Halloween in the Castro altogether would cause the same problems for Gavin Newsom that Willie Brown experienced when he attempted to rub out Critical Mass in the ’90s — record-breaking participants turned out as a show of force.
“San Francisco says it can safely host the Olympics, but it can’t host Halloween and deal with some San Jose teens,” Strosser said. “If SF can’t keep us safe and clean up trash, then that’s a problem.”
Dufty, for his part, told the Guardian again that maps should be up at www.halloweeninthecastro.com outlining the finalized plan shortly after we go to press. He said one of the biggest changes this year was keeping open the Castro Muni stop and admitted that the goal was to tone down Halloween. Some Castro residents still want entirely to get rid of Halloween, he said.
“I have spent so much time on Halloween,” he added. “I think it’s not fair I’m getting the smackdown for not wanting to have fun…. I feel responsible to make sure that everyone feels safe.” SFBG
Editor’s note: Alix Rosenthal is the domestic partner of Guardian city editor Steven T. Jones. Jones did not participate in the assigning, writing, or editing of this story.

OCC — the only true drama

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By G.W. Schulz

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

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

Spy tactics

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By G.W. Schulz

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

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