Joe Fitzgerald Rodriguez

Don’t shoot!

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joe@sfbg.com

YEAR IN GAMER This list is for all the gamers sick of blasting your last alien, zombie, or oppositional soldier of the moment (Nazis, Soviets, snore). That’s it. Done! As indie games grow in popularity, games that eschew the “shoot everything” mentality are becoming easier to find. Get your joystick thumbs ready and enjoy this list of 2013’s “top games where you don’t shoot things.”

 

PLANT CAT: FIRST BLOSSOM

There are treasures to be found, and Quince the Plant Cat will snag them all with his ability to create ridiculously long vines that curve and bend off cliffs and walls. It’s a game as cute as Kirby’s Dream Land, with a heavy Game Boy esthetic, a nod to the annual Game Boy Jam coding contest the game was made for. A side scrolling adventure à la Mario, the game (and soundtrack) is pure retro goodness. Though mouse and insect enemies abound, Plant Cat deals with them by feeding them vines, leading one to wonder if maybe all the evil Goombas in Mario are just hungry. flashygoodness.com/games/plant-cat

 

NIHILUMBRA

You are Born, a scrap of darkness that separated from “the Void” and formed sentience. Now the Void wants you back. Nihilumbra is a deeply atmospheric, side-scrolling puzzle game; playing as Born you discover different colors, which you magically paint around levels in order to escape the Void’s teeming, mysterious black mass. Colors help you escape the traps of the world: Blue is ice, speeding your runs; brown sticks enemies (and puzzle objects) in their places; red burns things away; and green turns surfaces into trampolines.

Throughout your travels, the Void questions your right to live, and solving the mystery of your existence is half the fun. Nihilumbra is a heady game that first debuted on iOS and Android last year, but only recently was released on the computer — with vocal performances and HD graphics. Now available on Steam and as a web browser demo online, Nihilumbra will have you hooked. www.nihilumbra.com

 

DUMB WAYS TO DIE

Quick! Clean the puke! Bat the piranhas away from the guy dancing underwater! Dumb Ways to Die is a hyperactive mobile game tasking the player with protecting cute jellybean creatures from eminent death in new ways every 10 seconds or so. Failure to save the adorable smiling beans leads to all manner of hilarious deaths: bears chomping half their bodies off, trains flattening them into bean paste, pythons biting them in the eyeball, etc. It surprised the bejesus out of me to find out this was a Public Service Announcement game made by Melbourne, Australia’s Metro Trains network. The lesson? Rail safety. Why can’t more municipalities create games revolving around cute bean people? San Francisco, get on it! www.dumbwaystodie.com

 

WAKING MARS

Waking Mars is one of those games that makes you want to explore its every nook and cranny. The year is 2097, and playing as Dr. Liang, an astronaut and research scientist, you land on Mars and discover a cave under ancient ruins. That’s when you meet Martian life for the first time, only the aliens aren’t monsters — they’re plants. The game quickly becomes part exploration, part horticulture simulator. Armed only with a jetpack and his science skills, Dr. Liang must experiment with and breed the “Zoa” to help solve the mystery of how the red planet turned to dust. Waking Mars is the very opposite of shooter games, as growing ecosystems and creating life are the axis of gameplay (instead of, ya know, killin’ stuff). Technically speaking, this game squeaked onto Steam in December 2012, but it’s still notable enough to include here. tigerstylegames.com/wakingmars *

 

Oakland fast food workers fight for $15

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It was a bad day for Big Macs, but a good day for workers.

Joining a nationwide day of action, a wave of over 100 protesters crowded into an Oakland McDonald’s on Jackson Street, urging fast food workers to join in the strike. Four employees participated, while others briefly joined the march outside.

Similar strikes were held in 100 cities nationwide, with workers in Detroit, New York City and more rallying to demand a livable wage of $15 an hour.

The national actions were led by labor unions, including Service Employees International Union, but locally it was led by men like Jose Martinez, a KFC worker who led a strike at that fast food establishment some time back. “It’s a movement for all fast food workers to come together and fight for our rights,” he said.

Oakland rapper, performer and music producer Boots Riley turned out in support of the fast food workers’ movement. “Fighting to raise wages of anyone helps everyone. A high tide raises all boats,” he told the Guardian. “You help make that profit, your labor is worth more than minimum wage.”

Inside, the fast food joint was bursting at the seams. “Markeisha! Markeisha! Markeisha!” the protesters screamed, bursting into cheers as the five-foot tall girl hobbled around the counter to join the strike. Markeisha, who did not want her last name used, said she tore her ACL a week ago tripping over one of her children’s toys. She can’t afford not to be at work though, and worked the register from a chair.

We asked if she was afraid to be on strike. “Afraid? Kind of,” she said. If she lost her job, “I wouldn’t have a way to pay my bills and support her family.” She felt it was an important thing to do, because she isn’t earning a living wage. After three years of employment, she’s finally making 50 cents more per hour because she’s training to be a shift manager, and can now expect an hourly wage of $8.50.

A statement on McDonald’s website noted, “Our owner-operators are committed to providing our employees with opportunities to succeed. We offer employees advancement opportunities, competitive pay and benefits.”

One worker the Bay Guardian interviewed described having to visit food banks to get enough food, despite working full time.

McDonald’s’ official statement also noted: “The events taking place are not strikes. Outside groups are traveling to McDonald’s and other outlets to stage rallies.” But four workers did join the Oakland McDonald’s protesters to participate in the nationwide strike, and together they poured into the adjoining parking lot, dancing and chanting.

The protest was organized as a coalition between a number of groups, including the ReFund & ReBuild Oakland Community-Labor Coalition, ACCE, EBASE, the East Bay Organizing Committee, UNITE-HERE Local 2850, OUR WALMART, SEIU 1021, and SEIU ULTCW.

Laboring for better health care

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Gardening, plumbing, construction, janitorial work and washing dishes: the jobs day laborers perform for San Franciscans are done with their bodies. Their physical fitness is their gateway to work.

It’s that physicality they risk on the job every day. Undocumented Latino laborers have a hard time reaching options for medical care though, even in a sanctuary city like San Francisco.

To be clear, San Francisco has gone far and beyond many cities to provide medical care. The city’s Healthy San Francisco program, UCSF, and a smattering of nonprofits all provide medical care to undocumented immigrants, which often includes day laborers.

The problem is not a matter of options, but a matter of trust.

James Quesada, an anthropology professor at San Francisco State University who studied health care options for day laborers, said even when options are available, many day laborers actively avoid them.

The specter of deportation is always lurking, he said, stopping many from seeking clinics in the first place.

“Despite the fact that we’re a sanctuary city, there’s always that fear and threat that someone could come at any time,” Quesada said. “There are do-gooding public health services for them, public health contracted satellite clinics and the like. But one of the hardest things is to really convince them that they’re not in peril by going.”

At the U-Haul rental facility near Bryant street, laborers stand in pairs waiting for potential customers to drive by. When a customer comes into sight, they’ll start toward the passing car in huffing sprints. Their work is unpredictable and never guaranteed.

One man the Guardian spoke to, Gonzalo Moran, 62, cited one health care center as a timely godsend: the Mission Neighborhood Health Clinic. The wait there is only half an hour, he said, and in an emergency they make referrals to SF General Hospital.

But heading to SF General for care can carry a high price tag in both time and money, and results are not guaranteed.

“One day I had a toothache, I went to the emergency [room], was there from about four o’clock in the morning to four o’clock in the afternoon,” Moran said. “I told them I was homeless, that I didn’t have no income, I have no immigration papers or nothing. A nurse came to check on me, my tooth. They just gave me a prescription for Tylenol, but then a month later they sent me a bill for $300. For Tylenol.”

Moran isn’t necessarily out on the streets, but crashes regularly at different places. Whenever he tried to get a credit score the bill would come up in searches.

The hit wasn’t only monetary. The day he spent at the hospital was a day he could have worked.

Moran’s story reflects findings made by Quesada in his research. Though many providers claim to help the undocumented, the level of service can depend on just which doctor or nurse you happen to get that day. Service and safety are uneven, and there’s no way to keep track of it all.

“It’s a patch quilt, a moving target,” he said.

Moran told his story with strong English skills gained through City College classes, but he’s had the time to learn — the El Salvador native landed in the United States in 1976 to earn money for his family. Others Quesada talked to were not as lucky.

In his research on undocumented day laborers and health care, he found many who avoided clinics and hospitals for fear of being deported. Quesada found the laborers in the streets, and spent time in clinics and hospitals to find what kept them away from medical care. What he found was fear.

Some men would jump even at the sight of a rent-a-cop security guard, he said.

In an academic paper he published on the subject, Quesada related the story of Juan, a day laborer in his 50s who suffered terrible tooth pain. He refused to seek help.

“Look Jim, if I show up at the clinic [nearby public clinic] I cannot be sure I won’t be arrested and taken away. You know, it is more dangerous now. I can never be sure when it is safe to go [get medical attention]. But, you know what it is, I do not want to be like those others [Latinos] who have “no shame” [sin verguenzas] and want what they want for nothing. If I can I will pay my way, and if I can’t, I can’t. I’ll withstand the pain and take care of it myself, even if I have to pull them [his teeth] out myself. “

Juan would medicate the gaps in his teeth with Tequila soaked cotton balls, and aspirin.

Quesada tried to get him help, but Juan had to cancel dental appointments repeatedly when jobs became available. Day laborers never know when the next opportunity may drive up to them.

This is what pushes Quesada and others to push for a merging of social work and health care. Some facilities in San Francisco have already moved that way, as hospitals like UCSF visit churches and community centers on weekends to reach out to undocumented people in need of medical attention. Still, there’s room for change.

“Doctors shouldn’t have be social workers, but social workers should be there in the room,” Quesada said, saying that would go a long way towards helping undocumented workers find the help they need. But despite a lack of options, they carry on.

“They’re valiantly making a go of it, and don’t want to dwell on the negative,” he said. “They don’t want to be seen as fighting for basic human rights, as not fully human.”

The man we met outside the U-Haul on Bryant, Gonzalo Moran, has three trade school certificates, one of them in floor tiling. But he longed for one thing: time to attend school so he could get ahead.

“I go to school all the time, you know, if I have it,” he said. “But it’s hard, we’re always getting a lower wage.” And it’s a barrier. A barrier to health, a barrier to education, and a barrier to a better life.

 

Breaking the fast

Vincent Pan barely had the energy to speak, and seemed to fall asleep before the eyes of the 30 or so activists gathered in Chinatown last night.

Pan, executive director of Chinese for Affirmative Action, was on the 11th day of a fast he’d started in solidarity with immigration activists who fasted for 22 days in Washington DC, all with a common goal — to push Congress to pass comprehensive immigration reform.

Last evening, Mon/9, marked his last night depriving himself of food. Before taking his first bite in nearly two weeks, he reflected on what the fast meant for him.

“The first few days I was very, very hungry, and had terrible headaches,” he said. “I kept reminding myself, if [the DC protesters] had been fasting for two weeks, I can manage three days. I stopped thinking about [them] and started thinking about the suffering in our country. Thousands of families have been split by deportations. We’re on track to have 400,000 deportations this year.”

He added, “We’re not asking for a privilege or for special favors. We’re asking to be treated as human beings.”

Many others joined in, with a one-day fast. One undocumented college student, who gave her name only as Beatrice, said she’d made the decision to fast for more personal reasons.

“In these holidays i don’t have my family here with me,” she said. “Its tough being undocumented because you can’t spend time with your families because they’re working or being detained. I fasted to keep families together.”

The Chinese Progressive Association and Women’s Collective (Colectiva de Mujeres) were also on hand, presenting a united front of Asian and Latino activists standing together for a common cause.

The Chinese for Affirmative Action headquarters is just a few blocks from the Betty Ong Recreation center, where, only a few weeks ago, President Obama spoke and was interrupted by immigration activists who demanded an end to deportations.

“It’s fitting we’re here in Chinatown just a few miles away from Angel Island,” Obama said that night. “In the early 1900s about 300,000 people, maybe some of your ancestors, passed through on their way to a new life in America. For many it represented the end of a long and arduous journey.”

But for many, that arduous journey clearly isn’t over yet.

With one sip of hot soup, Pan ended his 11-day fast. Yet the larger battle for immigration reform is far from over.

UPDATE: Union organizer shouts down protesters as they block private Google shuttle

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Protesters blocked a private Google shuttle on Valencia street today, decrying private shuttle’s use of public bus stops without paying fees or fines.

The group of 20 or so neon-yellow vested protesters called themselves the “San Francisco Displacement and Neighborhood Impact Agency.” The company doesn’t pay San Francisco a dime to use the Muni stops — fines that private auto drivers pay regularly.

UPDATE 3:58pm: Just how does a story go from breaking, to verification, to “holy shit it’s all over the internet now?” Here’s our interview with Fake Google Employee Max Alper, and our recount of how it all went down: http://www.sfbg.com/politics/2013/12/09/whyd-you-do-it-we-ask-fake-google-employee-max-bell-alper

UPDATE 12:32pm: Various tips have streamed in that this shout-out was staged. Protest organizer Leslie Dreyer talked to us on the phone and verified that this person’s identity was Max Bell Alper, a union organizer from Oakland. This person was not a Google employee, and Dreyer was not able to verify if Alper was there in the morning with the group of 20-30 protesters. The Guardian is attempting to contact Alper for comment. Dreyer said she, as an organizer, was unaware that the “performance” had been planned. We are following this as it develops.

UPDATE 1:06pm: Within an hour of our original post, the Guardian learned that Max Bell Alper, a union organizer with Unite Here Local 2850 was the man shouting down Google bus protesters earlier this morning. We asked Alper what motivated him to impersonate a Google employee.

This is political theater to demonstrate what is happening to the city. It’s about more than just the bus. These are enormous corporations that are investing in this community. These companies, like Google, should be proud of where they’re from and invest in their communities,” he said.

When asked if he intentiionally intended to deceive media, he replied “People are talking all over the country about what’s happening in San Francisco (referring to evictions and displacement). That’s the debate we need to have here. The more we talk about it, the more we think about it, the more we’re going to see the tech companies need to contribute.”

 Alper said that he did not intend to engage in theater before going to the protest, but when there made the decision, “spontaneously,” to stage the argument. When he maintained his story that this was political theater, we again asked why he did not verify his name at the protest itself — and only after the story blew up in national and local media.

This was improv political theater,” he said.

Original post follows:

The SFMTA has a pilot plan in the works to regulate private use of public bus stops.

Though the private shuttles were the crux of the day’s protest, the heart of the fight is over gentrification. As the tech revolution in SF leads to rising rents and longtime San Franciscans are being displaced.

In the video, a union organizer who hopped off the bus shouts down Erin McElroy, staging an argument with a protester who also heads the eviction mapping project. “How long have you lived in this city?” McElroy asked him. He shouted back “Why don’t you go to a city that can afford it? This is a city for the right people who can afford it. You can’t afford it? You can leave. I’m sorry, get a better job.”

“What kind of fucking city is this?” he shouted, and then walked off. He mentioned repeatedly that he couldn’t get to work because the bus was blocked, and did exit the bus (indicated he was a Google employee), but the Guardian (nor a nearby Al Jazeera reporter) could not verify his job title or name. If anyone has any tips as to the identity of this man, please contact us at news@sfbg.com. 

(UPDATE 12:12 PM — The Guardian amended the headline to reflect our story more accurately, that though this man exited the bus and claimed he was late for work, we have not yet verified his employment at Google)

We’ll have more on this story later in the day, for now, check out footage from the protest.)

Oakland joins 100 cities in national fast food strike

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It was a bad day for Big Macs, but a good day for workers. 

Joining a nationwide day of action, a wave of over a hundred protesters crowded into a Oakland McDonald’s, on Jackson street, demanding fast food workers to join in the strike.

Four employees joined in the strike, and others briefly joined the march outside.

100 cities across the country held similar strikes, with workers in Detroit, New York City and more demanding a livable wage of $15 an hour. 

The protest was nationally led by labor unions, including the SEIU, but locally it was led by men like Jose Martinez. Martinez led the strike at KFC some time back, and was one of the organizers at the forefront of today’s action at McDonald’s and other fast food outlets. 

“It’s a movement for all fast food workers to come together and fight for our rights,” he said.

Standing with Martinez in Oakland, rapper, performer and music producer Boots Riley said he was in support of the fast food workers’ movement.

“Fighting to raise wages of anyone helps everyone, a high tide raises all boats,” he told the Guardian. “You help make that profit, your labor is worth more than minimum wage.”

Inside, the fast food joint was bursting at the seams, the workers hungry for justice.

“Markeisha! Markeisha! Markeisha!” they screamed, bursting into cheers as the five-foot tall girl hobbled around the counter to join the strike. Markeisha, who did not want her last name used, said she tore her ACL a week ago tripping over one of her children’s toys. She can’t afford not to be at work though, and worked the register from a chair.

We asked if she was afraid to be on strike.

“Afraid? Kind of,” she said. If she lost her job, “I wouldn’t have a way to pay my bills and support her family.”

She has two children, a five year old and an 11 month old. But to her this is important, because she isn’t earning a living wage.

“I haven’t had a raise in three years,” she said. That’s the entire time she’s worked there. Only now that she’s training to be a shift manager is she going to make $8.50 an hour. That’s a raise of fifty cents.

“McDonald’s and our owner-operators are committed to providing our employees with opportunities to succeed,” McDonald’s stated on its website. “We offer employees advancement opportunities, competitive pay and benefits.”

One worker we talked to said they had to visit food banks to eat, even though they were fully employed. McDonalds also wanted to correct the media.

“To right-size the headlines, however, the events taking place are not strikes. Outside groups are traveling to McDonald’s and other outlets to stage rallies,” they wrote.

But contrary to their statements, eventually four workers did join the protesters in their strike, and together they poured out of the McDonalds into the adjoining parking lot. They danced and screamed, all advocating for their right to a livable wage.

Nationally the SEIU has taken the lead in organizing the workers, but locally the protest was organized as a coalition between a number of groups, including the ReFund & ReBuild Oakland Community-Labor Coalition, ACCE, EBASE, the East Bay Organizing Committee, UNITE-HERE Local 2850, OUR WALMART, SEIU 1021, and SEIU ULTCW. 

Suspending judgment

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joe@sfbg.com

The Guardian is publishing only the first names of minors and their relatives named in this story, to protect their privacy.

In San Francisco public schools students can be sent home for talking back to a teacher, wearing a hat indoors, or sporting sagging pants. These infractions sound like the daily life of a kid, but the state calls them “willful defiance,” a category of suspensions that are nebulous to define at best.

Like the old saying about pornography, teachers say they know it when they see it, but students and parents alike are now calling foul on the practice.

The suspensions are so abundant in the San Francisco Unified School District that a movement has risen up against it. Sending kids home not only is an ineffective punishment, opponents say, it also can lead youth into the criminal justice system.

Now San Francisco Board of Education Commissioner Matt Haney is proposing a resolution that would ban willful defiance suspensions in San Francisco schools altogether.

“There will still be situations where we need to send a student home, but willful defiance will not be one of those reasons,” he told the Guardian. “Change is hard, complicated, and messy. But we can no longer deal with discipline or interactions with our students in that sort of way.”

He plans to introduce the resolution at the Dec. 10 Board of Education meeting, and if it passes, he said full implementation may take until the next school year.

There’s a fight to ban willful defiance suspensions statewide as well, but so far it’s been stymied. Just last month, Gov. Jerry Brown vetoed Assembly Bill 420, a bill mirroring aspects of Haney’s proposal. Those advocating for such a ban say it’s an issue of racial justice.

San Francisco’s African American and Latino students together suffer 80 percent of willful defiance suspensions, according to SFUSD data. The nonprofit student group Coleman Advocates for Children and Youth decried this statistic as an injustice, supporting the ban.

The San Francisco Board of Education took tentative steps to reduce suspensions as a whole in 2010, voting to introduce a new disciplinary system called Restorative Practices district wide. It’s complex, but basically asks students to talk things out in what are called “restorative circles” that include everyone involved in an incident, like a fight.

It’s also about changing the culture around discipline. It encourages teachers and students to establish a rapport, turning around the way some schools have practiced authority for decades.

At the time, there was hope. Fast forward three years, and that hope has dwindled.

Early evidence shows that Restorative Practices work better than suspensions, and prevent behavioral problems down the road, too. But out of SFUSD’s more than 100 schools, less than half of them started to implement the new reform.

Few schools have fully integrated the change, officials told us. Haney’s resolution addresses this with a mandate: SFUSD must implement Restorative Practices throughout the San Francisco school district.

The program is important, proponents say, because the majority of the 55,000 students a year moving through San Francisco schools still face school discipline that can set them way back in school and later may lead to incarceration. And suspensions can be levied for the smallest of infractions.

Cupcakes and justice

Xochitl is a 15-year-old SFUSD sophomore with long brown hair. She watches the TV show Supernatural (Dean is cuter than Sam) and yearns to one day live with her relatives in Nicaragua. Years ago on her middle school playground, she once faced a hungry child’s ultimate temptation: Free cupcakes.

The baked goods sat in a box on the cement by the playground, unattended. The frosting sat un-licked, the wrappers unwrapped.

She and her friend looked around, searching for a possible pastry owner nearby. Runners circled around the track in the distance, but no one else was around. The cupcakes met a satisfying fate inside Xochitl’s belly. The next morning went decidedly downhill.

As she walked into school, the counselor told her to go home: she was suspended.

“The cupcakes belonged to this girl because it was her birthday,” Xochitl said, something she found out only once she was being punished. “They went straight to suspension, they didn’t even let me speak.”

Restorative practices would have sat her with the birthday girl to explain her mistake and apologize. Maybe she would’ve bought the girl new cupcakes. That wasn’t what happened.

Suspended, Xochitl spent the day at her grandparents’ house. Not every suspended student has a safe place to go. Some turn to the streets.

stats

In October a group of mostly black young students marched to the Board of Education to protest willful defiance suspensions. The group, 100 Percent College Prep Institute, formed in the ashes of violence.

“I drive a school bus for a living, and I had a boy on my bus who was not bad, but not good,” said 100 Percent College Prep Institute co-founder Jackie Cohen, speaking with the Guardian as she marched with her students. “When we got back from Christmas break, he wasn’t back on the bus. Turns out he decided to ‘live that life.’ Three days later, I found he was shot and killed.”

In some communities the jaws of crime and drugs are forever nipping at their children’s heels. A child inside school is safe. Suspensions throw the most vulnerable students into the wild.

“Preventing crime in San Francisco begins with keeping children in the classroom,” SFPD Chief Greg Suhr wrote in a letter to the SF Examiner last year. “Proactive policies, such as the ‘restorative practices’ implemented by the SFUSD, emphasize the importance of building positive relationships while holding kids accountable for their actions.”

Black students make up about 10 percent of SFUSD’s population, but they represented 46 percent of SFUSD’s total suspensions in 2012, according to SFUSD data. Latino students represented about 30 percent of suspensions.

The racial disparity of suspensions mirror the disparity of incarceration. A study by nonprofit group The Advancement Project found that in 2002, African American youths made up 16 percent of the juvenile population but were 43 percent of juvenile arrests.

Xochitl sees that with her own eyes every day.

“Some kids turn to the streets, you know. I’ve seen people younger than me go to jail,” Xochitl said. “I was on Instagram and saw a friend locked up. I knew that girl, she’s in my PE class.”

It’s one of our country’s many shameful open secrets. Nearly half of all adult men in the United States serving life sentences are African Americans, and one in six is Latino, according to data from the nonprofit group the Sentencing Project.

Fathers and sons, mothers and daughters, all trapped in a cycle of poverty to prisons that for some starts at school.

“As a school district, when that’s staring us in the face, we can’t not do something about it,” Haney said.

Sometimes it begins when students are still learning their ABC’s.

Bruises inside and out

Restorative Practices are implemented from kindergarten to high school.

“If [students] don’t have a sense of belonging… that’s going to prevent schools from addressing behavior,” Kerry Berkowitz, the district’s program administrator of Restorative Practices, told us. The seeds of mistrust are planted when students are young.

Desamuel could not yet spell the world “police” when he first met them.

He was five years old, and as kindergartners sometimes do, he threw a temper tantrum. In the school’s desperation to contain him, officials called the SFPD.

“The police only came one time,” Desamuel, now seven, told the Guardian. Sitting in his San Francisco home with his uncle Lionel, Desamuel sounded ashamed. “But I didn’t go to jail because they only put kids in jail for being bad, like kids taking guns to school.”

The memory angers Desamuel’s uncle, who feels restorative practices would have prevented the misunderstanding. His home is a testament to bridge building.

Lionel, his brothers and mother all pitch in to take care of Desamuel while the boy’s father makes what he calls “a transition.” The home is large by San Francisco standards. Drawings of Spiderman and Batman line the wall, equal in number only to the portraits of their family, most of whom live in the city. There’s a lot of care in Desamuel’s life. That hasn’t stopped his tantrums, though.

The family tried to get him therapy, psychological analysis, anything to help. But as any parent can tell you, sometimes a child just needs love.

Lionel struggled with the school’s administration, and asked them to try less punitive ways of handling his nephew. “I told them to just hug the boy. Their response was ‘it’s hard to hug someone swinging at you.'”

The last time Desamuel fought a student he was tackled to the ground by a school security guard. The now-second grader came home with a bruise on his face.

“When I was bad I hurted the children. I wasn’t supposed to get up, and couldn’t get up off the ground. He took me by the arms and legs,” Desamuel said.

The problem with outsize use of suspensions and punitive action, Berkowitz said, is that it breeds a fear of school that shouldn’t exist. Desamuel is no different.

“I got sent to the office and I had to go to the principal’s office and they talked about me being bad,” Desamuel said. “I think because I make too much trouble I have a lot of problems and they don’t want me to be there.”

Cat Reyes is a history teacher who is now a Restorative Practices coach at Mission High School. She said transformation in behavior is the whole point.

She told the Guardian about a student recorded a fight on film. The two fighting teenagers tried to let the incident go, but with the video online for all to see their pride came between them. If the school suspended the girl who recorded the fight there may never have been resolution. The wounds would fester.

But now the girl will join a restorative circle and explain her actions to those involved in the fight, and their parents. That’s far more daunting to kids than simply going home for a day, Reyes said. It doesn’t just stop at the talk though. “On one end she has to say sorry,” Reyes said. “But now she may go to the media center and create a [movie] about it on our closed circuit TV. The consequence fits the crime.”

As students talk out their differences enemies can become friends, she said. After all, the goal is to correct bad behavior and break destructive cycles. Yet less than half of the schools in SFUSD are employing Restorative Practices.

Slowly but surely

One of the biggest critiques of Restorative Practices is that it removes consequences. That’s the wrong way to look at it, Berkowitz said: “When people say consequences, they mean punishment. We want to work with students to find root causes.”

The numbers back her up: 2,700 SFUSD staff members have trained in Restorative Practices, according to data provided by the district. This consequently led to a strong reduction in suspensions, the district says, from more than 3,000 in 2009 to about 1,800 last year.

SFUSD recognized a good thing when it saw it, growing the Restorative Practices budget from $650,000 in 2009 to $900,000 in 2013.

But only about 25 schools started measurable implementation, Berkowitz said. She put it plainly, saying the program is in its infancy. “Are they ‘there’ yet?” she said. “No.”

“Our team is pretty maxed out,” she said. “To really bring this to scale and implement Restorative Practices, there’d need to be a lot of discussions around that.”

Asked how much she’d need to fully fund the program across all schools, she was evasive. Haney was more direct. When asked if his resolution tied funding to the mandate of implementing Restorative Practices district-wide, he admitted that a funding source hadn’t yet been identified.

“Mostly we hear there needs to be more: more support, more social workers, more people in schools to make this functional,” he said. “It’s a longer term challenge.”

That solution may emerge as the resolution goes through the approval process, but the program faces other problems besides funding.

Teachers have depended on suspensions as a tool for years. Money is one thing, but changing educators’ minds about discipline is another.

The “R” word

Martin Luther King Jr. fought for the integration of schools, but in a speech about Vietnam he said something that could apply to the SFUSD today.

“Life and history give eloquent testimony to the fact that conflicts are never resolved without trustful give and take on both sides,” the southern preacher said in one of his last speeches before his death.

There is one issue simmering under this entire debate, festering, unspoken. Why are black and Latino students suspended more than other groups? Is this system inherently racist?

It’s a tough question. Teachers are notoriously underpaid, overworked, under supported, and asked to enforce the newest policies at the drop of a hat. The teachers the Guardian spoke to all described a packed year filled with new methods to learn, all with a common purpose — a love of their profession and a love of their students.

“There’s a hesitancy to talk about race with this,” said Kevin Boggess, civic engagement leader for Coleman Advocates, the group leading the charge for the willful defiance ban.

Nevertheless the question of racism permeates the discussion. Xochitl felt persecuted as one of the few Latinas in a mostly Asian middle school.

In the case of Desamuel, the young black child who had the police called on him at age five, his uncle stressed the need for culturally aware teaching. Lionel said Desamuel was well-behaved when he had an authoritative, elderly black female teacher, but acted up in the hands of substitutes who weren’t black and whom he characterized as “young and new” to teaching. Then again, the principal who called the police to handle Desamuel was herself black.

Norm “Math” Mattox is a former James Lick Middle School math and science teacher, and he said from his perspective as an African American he’s seen the issues Haney’s resolution addresses clear as day.

“My sense is that teachers might be blowing the alarm a little bit too soon as far as their brown and black students are concerned, especially the boys. They don’t know how to manage them,” he said. In his experience, misbehaving children are sent out of the room too soon.

In the short term, suspensions are an expedient tool, but punishment without communication does long lasting damage. “The dynamic between teacher and student did not get resolved inside of the class,” he said.

One SFUSD school tackled the specter of racism head on. Mission High School is at the vanguard of what its principal calls “anti-racist teaching.”

Mission High has a higher African American student college placement rate than many SFUSD schools, a group that struggles to perform elsewhere. And as a designated “newcomer pathway” for new immigrants, the school has 40 percent English language learners.

Mission High’s principal, Eric Guthertz, is energized by the challenge. He revamped the way the school teaches to address race and ethnicity directly.

The geometry teachers use Bayview district planning data to illustrate mathematical lessons, and teachers look at grades by ethnicity and address disparities directly.

Guthertz credited Restorative Practices with lowering the school’s suspensions. SFUSD data shows Mission High’s steady suspension decline, with a 14 percent suspension rate in 2009, before the program started, and down to a 0.4 percent suspension rate by 2012.

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Mission High School Principal Eric Guthertz. Guardian photo by Brittany M. Powell

“We’ve deeply embraced Restorative Practices,” he said.

Next week San Francisco will see if the Board of Education will take the same leap Gutherz did. As he is quick to point out, shifting the culture at Mission High School took years.

The Guardian contacted members of the school board, but did not hear back from them before press time to see how they may vote.

Either way, it’s time for SFUSD to change its ways, Haney said. But no matter what side of the matter you fall on, he said, it’s important to remember one thing.

“Everyone involved in this conversation wants to do better by these students,” he said.

The San Francisco Board of Education will vote on the ban of willful defiance suspensions and full implementation of Restorative Practices at their Dec. 10 meeting.

Unions suing BART board over contract disagreement today, no strike yet

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Two of BART’s largest unions will announce a lawsuit against the BART board of directors today on the steps of the Alameda County Superior Court at 11am, which they plan to file shortly before the press conference.

The suit will directly challenge the board’s Nov. 21 decision to ratify a contract between the unions and BART management without a hotly contested provision on family leave.

In their announcement of the suit, SEIU Local 1021 and ATU Local 1555 allege the board made “illegitimate and unprecedented actions” in ratifying the contract while removing a section on family leave, which was signed off on by BART management in July. Under the provision, workers who go on leave under the federal Family and Medical Leave Act would be paid for six of the 12 weeks the law allows them to take unpaid. 

Management has since called signing off on family leave a “mistake,” and the board asked all sides to ratify a contract without the provision, hence the lawsuit.

But would a lawsuit mean a new strike?

“That’s what everybody is asking,” SEIU Local 1021 spokesperson Cecille Isidro told the Guardian. “The unions aren’t ruling out any options, but no strike is being called or scheduled at this time.”

BART spokesperson Luna Salaver told the Guardian last month that “it was a mistake that a provision rejected twice by BART management ended up in the stack of approved documents.” She noted that it was caught as the district prepared to give the contract final approval on Nov. 21, though it was already signed by the two unions.

“We were never confused as to the status of the Family and Medical Leave Act agreement,” Local 1021 Political Director Chris Daly told the Guardian, in our earlier coverage, which you can read here.

Isidro said more details on the lawsuit would be available at the press conference at 11am. 

ATU Local president Antoinette Bryant responds to family leave “mistake” at a press conference.

City College Trustee resigns, protesting state takeover

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Democracy is a thing of the past at City College of San Francisco, and now one member of its elected board has had enough. City College Trustee Chris Jackson announced today that he is resigning from the college board to protest the state takeover of the school, and he explains his reasoning in an op-ed in this week’s Guardian.

“I came to City College to do good work,” Jackson told the Guardian. “At this point it’s impossible to do that work I set out to do. That’s why I’m leaving.”

Jackson was first elected to City College’s board in 2008, but in 2013 he was a trustee in name only. The day City College was told it would lose its accreditation was also the day it lost its Board of Trustees. Those democratically elected by San Francisco voters to lead City College were pushed aside by California Community College Chancellor Brice Harris.

It was a state takeover, and the board was rendered powerless.

The seven-member board holds no more meetings, drafts no more legislation, casts no more votes. The public cannot hold elected officials accountable when things go wrong — because the man in charge is no longer someone San Francisco elected.

Robert Agrella is the “super” trustee, appointed by the state chancellor to make unilateral decisions regarding City College’s future, something they say is necessary to save the school. Agrella holds no public comment sessions, and told the Guardian previously that personal emails to him would suffice. Agrella hardly ever answers his phone, we’ve found.

Paul Feist, a spokesperson for the California community college state chancellor’s office, said that the takeover was necessary to make the hard decisions needed to save City College quickly.

Tremendous progress has been made since July, with key positions having been filled, collective bargains agreements reached and fiscal controls implemented,” Feist told the Guardian. 

To Jackson, it’s a mockery of democracy.

“If my resignation can bring a light to this public policy issue, I hope it does,” he said.

In the last month a vote by the California Community College Board of Governors made Agrella’s stay indefinite. Legally, he won’t leave until the state tells him he has to.

There is not a formal timeline for returning governance of CCSF to local trustees, but it is hoped that this happens soon after the college demonstrates it has addressed the deficiencies identified by [its accreditors],” Feist said. “The state has no interest in running City College indefinitely under a special trustee arrangement.” 

To those who wonder what this all means, and to understand Jackson’s grievance, one look only as far as two of Agrella’s latest unilateral decisions.

A performing arts center long planned to be built by City College was canned by the super trustee, citing funding concerns.

“Clearly, the college is in no position to make this commitment at this time,” Agrella told the San Francisco Chronicle when he cancelled the project. It was $6 million shy of its estimated $95 million cost.

The school’s only performance venue is the Diego Rivera Theater. It is the lone theater serving a school of 85,000 students (and sometimes more) but it seats only hundreds, and is dilapidated and crumbling.

That was the first of Agrella’s motions to overturn decisions by the Board of Trustees, but his next decision was directly challenged by Trustee Chris Jackson.

Just last month the super trustee overturned a decision by the board to drop Wells Fargo as its bank. Last year, the board voted to find a more ethical bank to do business with, instead of one that foreclosed San Francisco homes and held questionable ties to the student loan industry.

An investigation by the San Francisco Examiner found that after Wells Fargo exerted pressure on Agrella and promised the school at least $500,000 in grants, the super trustee repealed the decision to shop for a new bank.

The unilateral decisions of Agrella make Jackson furious, but it’s not as if he didn’t see it coming.

In a September 2012 meeting, the Board of Trustees faced a decision: Does it ask the state for a special trustee? It was quickly communicated to the trustees that if they didn’t ask for one, one would be imposed anyway.

It was a false choice. A public relations move designed to make the board look like they sought help when newspapers and TV stations asked them about the super trustee. In the end, no matter what decision they made the state would take control of the school.

“This special trustee, while not ideal, I don’t personally like, I think it’s appropriate for right now. But we need to understand how long they’ll be there, and what position need to be in for them to leave,” Jackson said.

“I hope this board doesn’t just cede power to the special trustee,” he said.

That was a year ago. Now five months without the board, City College has lost the vision a local politician can bring.

“I’ve certainly called him the conscience of the board,” Alisa Messer, the faculty union president at the college, said of Jackson.

“Chris made himself accessible to those who felt besieged. He’s for the underdog, regardless of being black or brown,” former student trustee William Walker told us.

“I’m just really sad to see Chris go,” said the current student trustee, Shanell Williams, who first met Jackson while on San Francisco’s youth commission.

All of them mentioned Jackson’s work to secure childcare for the two City College campuses in the Bayview. When City College’s accreditors tasked them with scaling down its mission of who to serve, Jackson championed the college’s GED program and won. He also worked closely with the group Students Making a Change, which endeavors to close the achievement gap for students of color at City College.

Jackson’s departure leaves a seat open on the board which Mayor Ed Lee can make an appointment to fill. But the legality of an appointment while the board is effectively out of power is an open question. The Guardian contacted the mayor’s office to find an answer, but did not hear back from them before press time.

“I think the thing San Franciscans ought to be asking is: Do we even have a board, and when are we going to?” Messer said.

As for Jackson, he’s looking forward to concentrating on his family and his career. He currently works at a nonprofit which helps people in Africa and India find new jobs in tech.

“I’ll have more time to spend with my daughter,” he said.  “I’ll have more time to focus on my own professional career, and am looking to go to law school.”

The 30 year old Jackson said he wants to be an attorney to help young men like D’Paris Williams, who was stopped for a traffic citation at Valencia Gardens in a case of alleged racial profiling. Jackson, who lives in the Bayview, wants to defend the people in his community.

“I want to be a part of that,” he said.

Update: Commenters and sources that called the Guardian rightly asked what Chris Jackson’s Ethics Commission fines had to do with his stepping down. Jackson was late filing his campaign reports and was fined about $3,000 by the commission. When the Guardian spoke to them a few months ago about this, they told us it was a routine matter and that Jackson was complying with their requests for payment. Jackson had already reached a payment agreement well before his resignation, which does not affect the fine, he said. 

Brawl fallout

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D’Paris “DJ” Williams spent his day the same way many San Franciscans did Nov. 15, watching young Miles Scott, aka Batkid, rescue a damsel in distress to the cheers of thousands.

Williams, 20, then biked from downtown to visit relatives in the Valencia Gardens housing project in the Mission District. It was there, as the nation continued cooing over the caped crusader, that two plainclothes police officers pulled Williams onto the ground. Police said they initially pursued Williams into the housing complex because he was coasting his bike on the sidewalk, a traffic violation.

That’s when all hell broke loose.

Neighbors quickly came to Williams’ defense, fists at the ready. The ensuing brawl was recorded on video and quickly went viral nationally. Fast forward two weeks and two protests later, and Williams’ family has joined with prominent attorney John Burris to sue the SFPD, for allegedly using excessive force and violating Williams’ civil rights.

“The violence is the grave matter of the entire thing, and the illegal detention and subsequent arrests,” Burris told the Guardian. He has not yet filed suit.

As the video went viral, allegations of improper police conduct abounded. Police are now crying foul, too. SFPD Chief Greg Suhr called for wearable cameras for police officers, saying he’s confident that it would clear police of wrongdoing.

The question that haunts the community around Valencia Gardens, though, is not only about the use of force. Residents wonder if the police profiled Williams because he’s black.

Was he really stopped because of a traffic violation? Or was that just legal justification for the police to search him on suspicion that he was carrying a firearm or controlled substance, which would amount to profiling?

 

TWO SIDES OF THE STORY

 

D’Paris’ stepfather, Frank Williams, told the Guardian that his son was in disbelief immediately following the ordeal.

The elder Williams related the story DJ told him.

While walking to his grandma’s house in Valencia Gardens, DJ walked with his bike for a bit, then sat on it and scooted it with his feet. Some people he didn’t recognize got out of a car nearby, calling “hey come here, come here.” As Williams stood in the doorway, “They grabbed him by his jeans and pulled him out,” the elder Williams said. “They kept pulling on him, and he’s saying ‘What did I do? What did I do?’ as they started punching him on the side of the face, and dragged him out.”

The police shared a different version of the story with reporters.

The plainclothes officers, who remain unnamed, identified themselves as police and displayed their badges, according to the SFPD account. When Williams “failed to comply” with their orders to stop, they caught up to him and attempted to detain him.

“He became combative, resisted arrest, and multiple subjects came out of that residence and formed a hostile crowd around the officers,” said Officer Gordon Shyy, a SFPD spokesperson.

When the Guardian asked him to explain the officers’ actions in more detail, Shyy said he didn’t have that information. The SFPD did not make the incident report public, but Shyy had a copy.

The reason the brawl broke out remains under dispute, but what happened next was captured on video and posted to the Internet.

As the plainclothes officers tried to subdue Williams, a neighbor took a swing with a cane that nearly hit an officer. A policeman threw haymaker punches at a neighbor as bystanders shouted them down. In the end, Williams and three of his cousin’s neighbors were taken into custody.

Williams’ sister was there, too, watching them fight as she held her newborn.

Video shows the four men who were detained scraped and bloodied, and Williams was bleeding and bruised as the officers took him in. All were taken to San Francisco General Hospital.

Williams was charged with felony assault with a deadly weapon, which Shyy said was for biting an officer. He was then discharged pending further investigation, the District Attorney’s Office told the Guardian. Public Defender Jeff Adachi said the city doesn’t usually pursue such cases.

“The reason you discharge cases is, you can’t prove them,” Adachi explained.

While Shyy maintained that the officers pulled him aside because he was riding his bicycle on a sidewalk, those officers were outside Valencia Gardens for a particular reason. Part of a SFPD squad called the Violence Reduction Team, their unit is tasked with pulling guns off the streets.

“What were these guys doing stopping DJ for a traffic violation?” wondered Travis Jensen, a friend of Williams who publicized the incident on Instagram. It’s a fair question: The Violence Reduction Team isn’t exactly known for pulling over bicyclists.

 

GUN HUNTERS

AK47s, .45 handguns, semi-automatics, guns hidden in waistbands. That’s what the Violence Reduction Team seeks to do away with when they hit the streets.

SFPD spokesperson Gordon Shyy credits the team with a drop in citywide homicides. It has certainly been busy.

The Violence Reduction Team arrested 20 suspects during last year’s Fleet Week, a press release from the SFPD announced, touting the unit’s success. That Halloween, they nabbed six more guns. Just last month they made 10 arrests, pulling even more firearms off the street, Shyy said.

“The VRT officers were on their regular patrol for their shift, it had nothing to do with the Batkid event,” Shyy told the Guardian. “VRT is tasked to patrol high crime areas and conduct pro-active policing to prevent violent crimes from occurring.”

When asked directly if the officers stopped Williams because they suspected he had a gun, Shyy repeated that they lawfully detained him because he illegally rode his bicycle on the sidewalk. “If officers lawfully detain a person, and can articulate a cursory pat search of that person, they may do so,” he said.

When officers took Williams to the ground they did search him for weapons.

The Guardian contacted former Tiburon Police Chief Peter Herley, who previously served as president of the California Police Chief’s Association, to ask if plainclothes officers responsible for seizing guns would take the time to cite a bicyclist for a traffic violation.

“Generally they don’t do it, because it may blow their cover,” he said. “If the violation was grievous enough, maybe. Usually a plain clothes unit wouldn’t do it.”

Adachi put it another way. When a person is stopped for an infraction, “the expectation is there’s a ticket drawn up and a person is sent on their way.”

Based on what Shyy read to us from the police report, the officers at the scene seemed to enter the situation believing Williams could be armed. “Williams continued to resist by pushing his upper body against the sidewalk and tried to get to his feet. Williams was unhandcuffed and unsearched at this point. From my knowledge and experience I know this is a high crime area and people in this area often carry weapons. I believed if Williams were able to free himself from us, he may attempt to access a weapon.”

Ultimately the officers only found two things on D’Paris Williams: juice and a cupcake.

 

SHAKEN, BUT NOT DETERRED

Williams’ cousin Dave lives in Valencia Gardens. Dave, who refused to provide his last name because he feared retaliation, says Williams rode his bike to a Goodwill store that day to apply for a job. Dave, 36, invites some of his younger distant cousins, including Williams, over for what he calls a “positive hype.”

“They’re over here like every day. We have a big family, we’re very lovable,” he said.

Williams’ sixth grade science teacher, Norm Mattox, told the Guardian DJ was in school at City College, known as a young man with prospects.

“He’s someone we think can get out of the neighborhood, get out of the projects,” he said.

That’s why D’Paris was in disbelief too, his stepfather told us. “I did question my son about it. Why would they follow you? Explain this to me,” the elder Williams told the Guardian. He fears his son was targeted for being the wrong color, in the wrong place, at the wrong time.

That’s why Burris took the case. “The young people need to know there is a place to go, that you don’t have to accept this level of brutality by an officer,” he said. “The legal issues themselves, are an illegal detention, illegal arrest, and use of excessive force. [These are] federal civil rights violations.”

D’Paris took that to heart. The younger Williams told his father something had to change, that he was determined that something good had to come from this.

“He kept repeating it. ‘This has got to stop. Got to stop. Got to stop,'” the elder Williams said.

“It makes a dad proud to hear that.”

Obama speech interrupted by Bay Area immigration activists

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Ju Hong just wants to see his family for Thanksgiving, and that may be why he shouted down the president of the United States.  

Hong interrupted President Barack Obama’s nationally televised speech in Chinatown today, shouting for justice at the tail end of the president’s call for immigration reform. 

San Franciscans and politicos gathered in the Betty Ong Recreation Center to hear the president call on congress to pass new laws regulating immigration, something sorely needed, as Obama is widely known for deporting record numbers of immigrants. The Pew Research Center shows he’s deported more per year than George Bush ever did, with over 392,000 deported in 2011 alone, 80,000 more than Bush’s highest year. 

Obama called for a greater focus on the plight of Asian immigrants, as most of the country’s discussion around deportations focuses on the southern border. 

“It’s fitting we’re here in Chinatown just a few miles away from Angel Island,” Obama said. “In the early `1900’s about 300,000 people, maybe some of your ancestors, passed through on their way to a new life in America. For many it represented the end of a long and arduous journey.”

“Maybe I started out washing dishes, but my son can become mayor of San Francisco,” Obama said, to laughter. “If we stay true to this history, if we can cross that finish line, and go ahead and do what needs to be done, were going to grow that economy,” Obama said, and then was interrupted by Hong, shouting across the room. 

“My family is separated for Thanksgiving. Our families are separated,” Hong shouted. “I need your help. There are thousands of deported immigrants. Mr. President please use your executive order to halt deportations for all 11.5 undocumented immigrants in this country right now. When you have the power to stop deportations for all.”  

Obama turned around and replied, “Actually I don’t.”

“Stop deportations!” Hong and his friends started to chant. 

Likely to the Secret Service, Obama said “No no, don’t worry about it guys. These guys don’t need to go.” Then he spoke to Hong. “Let me finish. You can stay there. It won’t be as easy as just shouting, it requires lobbying and getting it done,” he said.

Outside the rec center, Hong said he felt that Obama’s speech had lots of flash but no substance. 

juhong

Ju Hong interviewed by reporters outside of the Betty Ong Recreation Center.

“Families are still being torn apart,” he said. “I’m not satisfied at all. He said he didn’t want to violate the law, but he has the power to stop deportations.” 

Hong, 24, is an Alameda resident from Korea who came to the United States when he was 11 years old. When his grandfather died back home, he was unable to pay his final respects. Now he wants to fly back to South Korea to see his family, but can’t risk not being able to return.

The fear of deportation has touched him in many ways. In 2010 his home was burglarized, he said, but his mother said not to call the police. She feared they would discover they were undocumented.

“I was a strong support of Obama in 2008,” he said. But now, he’s lost hope. 

Hong was one of the students protesting Janet Napolitano’s appointment to head the University of California system, which we covered a few weeks ago (Undocumented and Unafraid, 11/12). 

Civil rights attorney John Burris to sue SFPD over alleged Valencia Gardens profiling

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Prominent civil rights lawyer John Burris will sue the SFPD on behalf of the family of D’Paris “DJ” Williams, after a neighborhood brawl involving police at the Valencia Gardens housing project that Burris called “outrageous.” 

Last Friday, 20 year old D’Paris Williams was bicycling to his cousins’ house from the Batkid festivities downtown when plainclothes police officers from the Violence Reduction Team, a narcotics and firearms reduction squad, attempted to detain him for riding his bike on the sidewalk. In the confusion, a brawl broke out with the police, Williams, and three neighbors. Video was recorded of the incident, which quickly went viral. 

After seeing a bloody and beaten Williams carried to a squad car by police in the video clip, his family and the residents of Valencia Gardens have posed the question: why? 

Why did plainclothes officers tasked with the mission of seizing guns stop a young man coasting on his bike on a sidewalk for a few feet? The family said they believe Williams was targeted because he was a young man of color visiting a housing project.

“When young people are brutally assaulted by the police, there must be accountability,” Burris told the Guardian.

Williams’ step-father, Frank Williams, an ex-offender who now works with the Center on Juvenile and Criminal Justice, was shaken when he first heard what happened to his son, DJ. “I know there are some good cops, some are my friends,” he said.  “But there are some bad cops. What ran through my mind was how he got profiled like that, just because. I don’t like how it happened, and how they justified it.”

The SFPD was unavailable for comment at press time. All they found on DJ Williams was juice and a cupcake. 

A protest defending D’Paris Williams and the three other men hurt and detained in the brawl marched in the Mission Tuesday, and another protest is planned for tonight at 5pm at 15th and Guerrero. 

Click here for our previous coverage of the Valencia Gardens incident

Presidio Trust critical of museum proposals

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The three museum proposals for a hotly contested Presidio site need significant revisions, the Presidio Trust announced today.

Teams with three museum proposals are vying for a Presidio space just behind Crissy Field (See The Presidio Strikes Back, this week’s cover story): A museum on sustainability, a museum celebrating the history of the Presidio, and a tech and popular art museum holding the personal collection of filmmaker George Lucas, the creator of Star Wars. The trust had this to say about the proposals: 

On The Bridge/Sustainability Institute

“We are concerned, however, about the institutional capacity of the team to … deliver and sustain the project financially. We encourage the … team to bring more clarity to the question of who might fund the building and early programming, and what institution will be created to operate and sustain the Bridge. While the building is ‘light on the land,’ it is also too large and we urge some consolidation of the building program.” 

On the Lucas Cultural Arts Museum

“The Trust is particularly excited about the potential of exceptional educational programming to draw diverse audiences to the museum and the greater Presidio. Despite this, we have significant issues with the proposed building – its massing and height, and its architectural style – and believe it should be redesigned to be more compatible with the Presidio.” 

On the Presidio Exchange (PX)

“The Presidio … is replete with examples of the Conservancy’s good work and of its ethos of partnership in the public interest. The Conservancy’s approach to programming … intended to be varied, flexible, and relevant over time to park audiences – is fascinating. Yet, these attributes also make it harder to understand what the PX is truly striving for programmatically. What is the master narrative? Is there an overall theme or focus that can be better articulated?”

Lucas museum spokesperson David Perry did not offer a detailed response when contacted by the Guardian, saying only that his team would comply with the Trust’s Jan. 3 deadline to submit additional information.

Charges dropped in police-resident brawl at Valencia Gardens

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After spending the weekend and Monday in jail, D’Paris “DJ” Williams’s was released this morning (Tue/19) at 2am. Williams was initially charged with felony counts of assault with a deadly weapon in a widely publicized brawl between police and residents of Valencia Gardens on Friday, but the case was discharged pending further investigation, according to the District Attorney’s office.

It was Friday afternoon, and 20-year-old Williams was having a very good day. As his cousin Dave (last name withheld due to his fear of retaliation) tells it , Williams had just finished applying for a job at Goodwill, and spent the afternoon enjoying the Batkid festivities along with thousands of his fellow San Franciscans. On his way to visit his cousin in the Valencia Gardens housing complex in the Mission, plainclothes officers spotted Williams riding his bicycle on the sidewalk.

That’s when all hell broke loose.

According to the SFPD, the plainclothes officers identified themselves as police, displayed their badges, and when Williams “failed to comply” with their orders to stop, they caught up to him and attempted to detain him. As they struggled to put Williams on the ground, nearby neighbors came out to defend him.

“He became combative, resisted arrest, and multiple subjects came out of that residence and formed a hostile crowd around the officers,” Gordon Shyy, a spokesperson for SFPD, told the Guardian.

In layperson’s terms, a brawl broke out.

Someone allegedly threw a cane that nearly hit an officer. An officer let loose haymaker punches towards a backpedaling neighbor, as a crowd shouted them down. By the end, Williams and three of his cousins’ neighbors were bloodied and bruised as they were taken into custody.  

Williams was charged with felony assault with a deadly weapon, which Shyy said was for biting an officer. Shyy maintains that the officers pulled him aside for a traffic infraction of riding a bicycle on a sidewalk, and the officers decided to detain Williams because he ignored their calls to stop and continued toward the residence.

But just why they decided to pull Williams over is questionable.

The officers were undercover, plainclothes narcotics and gun seizure agents called the “Violence Reduction Team,” Shyy said. Why such specialized officers would leave their vehicle only to make a traffic citation is still unclear, and the SFPD declined to answer that question.

“What were these guys doing stopping DJ for a traffic violation?” Jensen said, incredulous, to the Guardian.

When asked how the officers justified their use of force, Shyy read directly from the police report: “Williams continued to resist by pushing his upper body against the sidewalk and tried to get to his feet. Williams was unhandcuffed and unsearched at this point. From my knowledge and experience I know this is a high crime area and people in this area often carry weapons. I believed if Williams were able to free himself from us, he may attempt to access a weapon.”

Not long after, Williams’ friend Travis Jensen, a local photographer who was teaching Williams the trade, took to Instagram to sound the horn, describing it as police misconduct.

“This isn’t the DJ I know,” Jensen said of the SFPD’s characterization of how Williams reacted. None of the men involved have criminal records, as far as Jensen knows, and were just concerned about their friend.

Video of the incident widely circulated around the internet, riding the wave of Batkid publicity. All were taken to SF General Hospital, according to the SFPD.

The cops, having no other information except that Williams was riding his bike on the sidewalk, were afraid Williams would have a weapon. In the end, all he had on him was a Capri Sun and a cupcake.

Now that the case is discharged, does Williams have to wait in fear? Not likely, Public Defender Jeff Adachi told the Guardian.

“The reason you discharge cases is you can’t prove them,” Adachi said. Though this shouldn’t be taken as sacrosanct, he clarified, it’s likely Williams can leave the incident behind him. “If I was advising him I would say the case was discharged, and they’re not going to file. Generally speaking if they could, they would file it now.”

A protest is planned for tonight at 5pm in front of SFPD’s Mission station, which Williams’ cousin Dave said was a “peaceful protest. I’ll make sure of that.”

Schooled

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joe@sfbg.com

Federal politicians are blasting the commission that would close City College of San Francisco, calling the entire accreditation process a debacle.

At a forum US Rep. Jackie Speier (D-SF) and Rep. Anna Eshoo (D-Palo Alto) convened at City College on Nov. 7, Speier trumpeted what local advocates have said all along: The evaluation of CCSF was bungled, lacked transparency, and violated federal education regulations, all pointing to a desperate need for reform of its accreditors.

Accreditation has been the means to check the quality of education in colleges, but now a growing chorus of critics says the process can be used to carry out an ideological agenda and usurp local control (“Whose college?” Aug. 13).

Yet upending the accreditation process could also have unintended consequences, perhaps letting corporate and conservative interests seize the chance to implement their long-simmering agendas.

Either way, it is beginning to look like the fight to save City College could end up being about more than just City College.

 

ACCJC UNDER FIRE

The Accrediting Commission of Community and Junior Colleges keeps a watchful eye on the community colleges of California, Guam, and Hawaii. After a six-year review, the ACCJC this summer rocked City College by terminating its accreditation, pending appeals before the sentence is carried out in July 2014.

At the forum, Speier said the debacle with the ACCJC signaled a need to reform accreditation on a national level, citing a lack of public accountability.

“I think the ACCJC has run amok, they have lost their vision — if they ever had one,” Speier said in an interview after the forum. “They are riddled with conflicts of interest and arbitrariness.”

Teachers, faculty, and education advocates packed City College’s Diego Rivera Theater, all cheering at every jibe toward the ACCJC. Pressure on the group is mounting. A third lawsuit against the body was announced the day of the forum, this one filed by the activist group Save CCSF.

But Speier sees the problems as stemming from the US Department of Education, which she said needs the tools to correct problems at the ACCJC, something she plans to meet with Education Secretary Arne Duncan to discuss.

“The Department of Education only has one hammer, and that is to deny the ACCJC certification,” she said.

The group is slated to undergo this evaluation in December, which could spell its end. But if the fight for City College sparks a change in accreditation nationally, what would take its place?

There are wolves at the door of the US education system, for-profit colleges with a history of taking vulnerable students to the bank with nothing to show for it. And they want accreditation reform too.

 

THE DEVIL YOU KNOW

The ideological argument between the ACCJC and City College is taking place nationally.

President Obama called for a change to college accreditation in his last State of the Union speech, calling for higher graduation and transfer rates for community colleges (see “Who killed City College?” July 9).

One of the biggest cheerleaders of the president’s reform is the American Enterprise Institute, a conservative think tank. At a conference it held on accreditation last month, AEI and its partners lampooned accreditation as it stands now.

“This is a system that is flawed, unable to deal with the rapidly changing higher education landscape,” Anne D. Neal, a partner of the American Council of Trustees and Alumni, a national education reform group, said at the conference. “If meat inspections were as loose as college accreditation… most of us would have mad cow disease.”

On the surface, the critique seems reasonable. More people should transfer, and more people should graduate. But how colleges get those numbers is the challenge. The ACCJC asking City College to jettison students not aiming for a higher degree was just the start, one higher education watchdog told us.

“There are people on both sides saying that accreditation is broken. The White House is pushing this, as are Republicans. You almost never hear that,” Paul Fain, a reporter for Inside Higher Ed, told the Guardian.

But the reform may lead to the transformation of accreditation, allowing tech companies and long distance online learning universities to bypass the process entirely.

Accreditation is seen as “holding back innovators who are trying to transform the Internet,” Fain said.

These “innovators” are largely for-profit colleges that want to offer single courses or shortened courses online, like the Minerva Project or Straighterline, both online universities lobbying Congress to loosen accreditation requirements.

But for-profit colleges have been attacked nationally for their abysmal job placement rates, and their graduation rates aren’t much better. A widely circulated 2010 report by the think tank Education Trust found that for-profits in the U.S. had a graduation rate of 22 percent.

And with many of those for-profits fighting for accreditation reform by Congress, it’s unclear how a push to reform accreditation from Speier would aid or stall them.

 

FEAR FACTOR

ACCJC President Barbara Beno said that City College is having problems facing reality. Beno would only speak with the Guardian by email through a representative. She defended the accountability of the ACCJC, saying that her doors were always open.

“Colleges don’t need a forum like that held on Nov. 7; they can write to the commission at any time, or ask to address the decision-making commissioners at one of their two meetings each year, or can call up the commission chair or president,” Beno wrote.

“Instead of joining forces to help improve City College, many purported supporters of the college are bent on disrupting the ACCJC operations. It is simple to blame the messenger of bad news,” she wrote. “People unhappy with the commissioners’ decisions are targeting [me] for doing [my] job.”

But Rafael Mandelman, a newly elected member of CCSF Board of Trustees, told those assembled at the forum that ACCJC was unprofessional and unduly punitive: “I went from ACCJC agnostic, to skeptic, to foe”

Dr. Sarah Perkins, vice president of instruction of Skyline College, told the forum that ACCJC is hard to work with.

“I came here to California after spending 25 years in the middle part of the country under the Higher Learning Commission,” she said, contrasting that accrediting agency with the bullying done by ACCJC. “That I even feel like I’m putting my college at risk by speaking at this forum speaks volumes.”

Indeed, the ACCJC even makes criticism of the agency or its methods grounds for a revocation of accreditation, making “collegiality” part of its “policy on institutional integrity and ethics.” CCSF Special Trustee Bob Agrella in September cited that as one reason not to criticize the agency.

Sen. Jim Beall and Assemblymember Tom Ammiano were also in attendance at the forum, and promised to continue the fight at the state level to preserve City College. The Joint Legislative Audit Committee is evaluating ACCJC at the request of those legislators and Sen. Jim Nielsen (R-Gerber).

“We will kick a lot of butt, with class, of course,” Ammiano said.

And would City College close down? “It’s not going to happen,” Speier said to the cheering crowd.