Joe Fitzgerald Rodriguez

Kaepernick incident report details bong hits, blackout, and alleged assault

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San Francisco 49ers star quarterback Colin Kaepernick, player Quinton Patton and Seahawks receiver Ricardo Lockette are being investigated for sexual assault by Miami police, according to reports earlier today by TMZ sports (and other media outlets). 

The name of the woman at the center of the allegations was redacted from the report, which was obtained by sports site Deadspin. The only descriptor available is that she is African American. 

Tuesday night, April 1, she went to visit Lockette’s apartment, she told officers. Kaepernick and Patton were there as well, and she mixed them drinks and the players all drank shots. The players told her in order to take a shot she needed to take a hit of a bong “filled with marijuana,” according to the report.

From the report:

“They sat down, talked, and watched the basketball game. She started to feel light headed and went to a bedroom to lie down. [Redacted name] took off her jacket and jewlery. Mr. Kaepernick came behind her into the bedroom and started kissing her. She advised they were kissing [mouth] and Mr. Kaepernick started to undressed [sic] her. She got completely naked. Mr. Kaepernick told her that he was going to be right back and left the bedroom. They did not have sex. [Name redacted] advised that she was in bed naked and Mr. Patton and Mr. Lockette opened the door and “peeked” inside. She told them ‘what are you doing? Where is Colin? Get out!’ They closed the door and left. She cannot remember anything after that.'”

 Next, the woman alleged, things took a turn for the worse.

“[Name redacted] woke up in a hospital bed and doesn’t remember how she got there or who transported her to the hospital. [Name redacted] advised that she has had a sexual relationship with Mr. Kaepernick in the past.”

49ers General Manager Trent Baalke told TMZ reports that the team is “gathering the pertinent facts.” The full text of the incident report is below.


 

Colin Kaepernick sexual assault incident report by FitztheReporter

Report details how brown and black communities are decimated, step by step

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Gentrification is a word so oft-used in conversations about San Francisco that it’s easy to forget what it means.

A report released yesterday by the advocacy group Causa Justa/Just Cause titled “Development Without Displacement” breaks down gentrification into a set of digestible, understandable policy decisions, while identifying which communities even now are still at risk of displacement.

“This report shows that there are many reasonable policies at the local and regional levels that can help hold back the tide of gentrification and modify the worst effects of urban transformation,” said one of its authors, UC Berkeley Geography Professor Richard Walker, in a statement on its site.

The report provides many solutions, but is largely a 100-plus page tale of 20 years of the destruction of brown and black communities in San Francisco, beginning in 1990, and the ripple effects of that displacement on the people of Oakland.

The “Stage of Gentrification” map in particular details San Francisco and Oakland Neighborhoods as being in early, middle, late and ongoing stages of gentrification. Each of these classifications is determined by the population — are they susceptible to displacement? — as well as the housing market prices in the neighborhood. Not surprisingly, the Mission and the panhandle are labeled as ongoing gentrification zones, with the southern neighborhoods of San Francisco are labeled as in early stages of gentrification marked by a rise in property value.

Robbie Clark, 33, the housing rights campaign lead organizer at Causa Justa, said the map details the challenges facing the Latino and African American communities today, a challenge she’s also facing herself.

“For me, I’m born and raised in Oakland, and it’s been a challenge as an adult to find stable affordable housing,” she told the Guardian. She has a huge family that used to live in Oakland right near one another. The displacement broke them up. “Everyone is spread out throughout the greater Bay Area and beyond. It used to be very normal for every weekend to have family dinners, and now that happens much less.”

In recent years she’s moved seven times as rents in both cities skyrocketed, and she was even in the process of moving again while we interviewed her. The need for the report, she said, was stark.

The findings put specific numbers to a story of loss we all know well. Between 1990 and 2011, over 1,400 Latinos left the Mission district. In the same time, white households increased by 2,900 in the Mission. In the same period, Oakland’s black population declined from 43 percent of the city to 26 percent. Many in San Francisco argue that increased affluence helps beautify neighborhoods and makes them safer, but that misses the point: the neighborhoods may be safer for newcomers, but the old residents get kicked out in the process.

The report states that outright: “While gentrification may bring much-needed investment to urban neighborhoods,” it states, “displacement prevents these changes from benefitting residents who may need them the most.”

Causa Justa Just Cause displacement report EXECUTIVE SUMMARY by FitztheReporter

A summary version of the 110 page report.

And the responsibility of these injustices should be laid squarely at the feet of neoliberal policies, the report states, including reduced public funding, privatization of public programs, relying too much on the private sector to drive economic growth, and a political system susceptible to hugely influential private corporations. 

But ultimately, Causa Justa concludes, there is still hope.

“Gentrification can be stopped!” the report states. To right the wrongs done to communities, “We also recommend policies that regulate government, landlord and developer activity to promote equitable investment, affordability and stability, and maximum benefits for existing residents.” 

Causa Justa, Just Cause, is selling the report for $25, but also includes a form for those who cannot afford it to apply for a free copy.

A high resolution version of the “Stage of Gentrification” map: 

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From brushes to bytes

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joe@sfbg.com

CAREERS AND ED Matt Burdette is a video game environment artist, crafting expansive alien vistas by tapping out ones and zeroes the way a painter flourishes a brush. But unlike paint on canvas, Burdette’s vistas are meant to be explored by video game avatars hunting computerized enemies.

He’s crafted trees and bushes, and paid loving attention to every stem and every leaf, but his proudest project was not nearly so serene. While employed at LucasArts he worked on a later-cancelled project: Star Wars 1313.

Burdette was tasked with blowing up a spaceship.

“They said to me, ‘This needs to look photoreal,'” he told me. “I was all, ‘Hell yeah, let’s do that.'” The video game trailer that played at the 2013 Electronic Entertainment Expo featured a laser toting hero jumping through a burning spaceship. It was hailed by the national press as the most impressive looking new video games on the horizon.

But Burdette was not always a digital craftsman. At one point, he was a pencil and paper artist.

For artists facing hard times in a dwindling San Francisco art scene, the Bay Area’s burgeoning video game industry is rife with possibility. About 100 video game studios call the Bay Area home, according to Game Job Hunter, from Electronic Arts to Zynga. And many of these studios need artists and composers. Burdette made the digital leap from traditional art by studying film visual effects at Savannah College, in Georgia.

Above is the E3 trailer for Star Wars: 1313. 

 

“To bring a more artistic sensibility to what is maybe a technical, rigid kind of space is valuable and a lot of fun,” Burdette, 28, said.

Disney later bought LucasArts and laid off many of its staff, and Burdette found a new job at Visceral games crafting environments for Battlefield 4. But despite the video game industry reputation for grueling work hours, he still manages to find time for personal art.

Lately he’s slowly built a virtual island, like a hobbyist building a model ship during off hours.

“It was nice to come home and think, ‘I’ll make a tuft of grass today,'” he said. He then plugged his island into a new virtual reality device known as Oculus Rift, VR goggles that show the player a 3D world that looks eerily real, sensing the player’s head movements and portraying a sense of depth.

“I put on the Oculus and thought I was going to cry. You are there,” he said. “I walked up to a bush and felt physically uncomfortable, like this is impugning on my personal space.”

Burdette may get to play inside virtual worlds some artists haven’t dreamed of, but his reality is the same: Business can be tough.

He noted that many video game designers and artists are laid off after projects are complete, a standard industry practice. Most industry workers, he said, “are very much more mercenaries now.”

Some opt out of the boom and bust system altogether. Liz Ryerson, 26, is an independent game designer, visual artist, and music composer. She’s had hard times, crashing on couches and bordering on homelessness, but found a new way to raise money for her work. She now solicits support on Patreon, a Kickstarter for artists.

Thanks to contributions from fans, she has a spiffy new place by downtown Berkeley where she crafts her indie games.

“Indie game” is a nebulous phrase, of course. But if the multi-million-dollar video game Halo is comparable to the blockbuster film Avatar, Ryerson’s version of indie is closer to the DIY digital videographers of the local Artists’ Television Access. She makes video games for expression’s sake, not necessarily for profit.

Not to say Ryerson isn’t successful. She composed music for the immensely popular Dys4ia, a flash game detailing the lead designer’s gender transition. Ryerson’s own game, Problem Attic, tackles her own personal demons.

Floating crosses pursue the avatar, a stick figure, across a 2D plane. The game world resembles an 8-bit rendering of a brain merged with a nightmare, and the player must traverse frightening but intentional digital glitches. In an industry filled with shoot-’em-up games, it’s esoteric and strange, and that’s how Ryerson likes it.

“The game is definitely David Lynch-inspired, without a doubt,” she said. “Things that are more indefinable, with more of a sensibility to them. That’s what I respond to.”

A trailer for Liz Ryerson’s game, Problem Attic.

 

She’s mostly self-taught, sometimes building games in flash, and scoring the games using computer software like Reason. Though her design ethos couldn’t be further from Burdette’s blockbuster Star Wars games, they share a common bond: They were artists before they were game makers.

“I used to record songs and play guitar,” Ryerson said. “That was one of the biggest things I wanted to do, was be a pop musician.”

Eventually she started remixing video game compositions and posting them to the web via video game music website OCRemix. She studied film in school and made a documentary. The music from a Gus Van Sant film, the visual presentation of comic books, and the movement inherent in a game controller — all of these concepts inspire her work.

“That’s what you can do with video games, you can create these abstract, very different worlds,” she said. “You can do this more easily with video games than you can represent reality.”

Consumers spent over $20 billion on video games in 2012, according to the Entertainment Software Association. But for artists looking for an easy transition to an industry flush with cash, Ryerson and Burdette made one thing abundantly clear: The video game industry is extremely competitive.

“It’s hard to make games,” Burdette said. “You’ve got to want it real bad.”

 

Is Kink breaking up with SF?

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Tales of local porn-purveyor Kink.com’s demise were reported early yesterday by Uptown Almanac, whose story, “Freak Flag May Not Fly Forever Over Kink’s Castle,” sounded the alarm. 

“It seems to have become not a question of if, but when there will be no more porn in our beloved Porn Castle,” reporter Jackson West wrote. To the uninitiated, the Porn Castle to which West is referring is known as The Armory, a brick fortress with histroic designation on 14th Street and Mission where the ever-adventurous pornographers at Kink.com film their wonderful smut (a term we use as endearingly as possible).

The planning department document West posted posted to his article show Peter Acworth, founder and CEO of Kink.com, requested the city to convert the basement, “drill court,” second, and third floors of The Armory into office space. The document also shows a need for an environmental review before conversion. (Side note: Gee, wouldn’t you love to be the city worker who had to inspect The Armory? “Hell of a day at work today honey, I was so tied up. Well technically, this guy wearing clothespins was tied up.”) The planning department told the Bay Guardian we could inspect the documents for ourselves tomorrow, but were unable to supply them for viewing today.

So, is it true? Is Kink.com fleeing our quickly gentrifying city?

Not to ball-and-gag West’s reporting, but we went straight to Kink.com owner Peter Acworth, who told us Uptown Almanac’s article is “half-correct.”

Firstly, the conversion of the first floor drill court into office space was a long time in planning, multiple sources (including Acworth) confirmed for us. Kink.com intends to use the space for its community center, as well as to rent to outside vendors.

But Acworth did admit that conversion of the rest of The Armory into office space was a preliminary move to vacate The Armory — but that it’s a last-ditch move he hopes he won’t need to make.

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Peter Acworth and Princess Donna. Photo by Pat Mazzera.

“I would still think of Kink.com production moving out as a question of ‘if’ as opposed to ‘when,’” he wrote to us in an email. “This move represents an insurance policy.  If the various regulations that are being considered currently in Sacramento and by Cal-OSHA become law, we will likely have to move production out of California to Nevada.”

The regulations he’s referring to are a statewide version of the recent Los Angeles condom law, AB 1576, Introduced by Assemblymember Isadore Hall, III, (D- Los Angeles), as well as new Occupational Safety and Health Administration standards legally requiring porn actors wear protective goggles to protect their eyes from STDs that may be present in ejaculate.

Kink.com was fined $78,000 by CAL/OSHA earlier this year for workplace hazard violations, according to a report by SF Weekly. Kate Conger writes, “The majority of the fines were for allowing performers to work without using condoms, while a $3,710 portion of the total fine was for additional violations, including improperly placed power cords, an absence of first aid supplies, and missing health safety training materials.”

The AIDS Healthcare Foundation also told SF Weekly they filed violations because, they alleged, two actors contracted HIV in connection with their performances in Kink.com shoots. At the time, Kink.com spokespeople denied the claims had merit.

[Update 8:20pm: Shortly after this story was published, the AIDS Healthcare Foundation published a press release announcing the state bill to mandate condoms in pornography made progress today. From the release: “Assembly Bill 1576, Rep. Isadore Hall’s bill to require condoms in all adult films made in California cleared the Committee on Labor and Employment in the California Assembly in a 5 to 0 vote (with 1 absence & 1 abstention) today and now moves on to the Assembly Arts & Entertainment Committee.

“In the last year, at least two additional adult performers—Cameron Bay and Rod Daily—sadly became infected with HIV while working in the industry,” said Michael Weinstein, President of AIDS Healthcare Foundation. “AB 1576 expands and broadens worker protections for all California’s adult film workers on a statewide basis.”]

For Acworth, the passage of either of the statewide reforms in porn would be too prohibitive to do business in California. He’d then move the whole kinky company to Nevada, as many of his fellow pornographers have already done.

“We hope this never happens and that the new regulations are reasonable, but if it does happen over the coming years, we would like the option to rent out The Armory – or portions thereof – to other users.”

The planning review process takes 18-24 months, so in the short term, everyone can calm down. But for the long term, you’ll know Kink.com is ready to move by watching the progress of statewide porn reforms. If porn actors need to wear goggles in productions, it looks like we’ll say goodbye to Kink.com.

Below we’ve embedded the planning department filing from Acworth, obtained by Uptown Almanac.

Planning Department File on Kink.com by FitztheReporter

Cap and frown

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joe@sfbg.com

Just in time for baseball season, Giants hats may be allowed back into San Francisco public schools. A new Board of Education resolution may change the school district dress code to allow hats to be worn indoors in classrooms, a resolution that is also sparking conversations about cultural sensitivity.

The resolution, which the board will likely vote on April 8, would eliminate a San Francisco Unified School District no-hats policy, allowing schools to set their own dress codes individually as long as they’ve considered community input.

Some schools currently allow hats in schools in violation of district policy, but others have no-hat rules due to long standing conflation of hats with gang clothing, Board of Education Commissioner Matt Haney, who authored the resolution, told us.

“Our students should not be treated as a threat or a gang member because they wear hats,” Haney said. “If the message we send to them is that the way they dress in their communities is somehow a threat, we should not be sending that message as a school system.”

Hats seem like an unlikely starting point for a discussion about race and social justice, but Haney connects freedom of dress to the story of Trayvon Martin, whose tragic slaying many connected to negative assumptions due to wearing a hoodie, sparking a national “Million Hoodie Movement for Justice.”

Haney said allowing hats in classrooms is one step of many ensuring students know they’re accepted, and not viewed as a threat.

“When I went to a middle school to visit, they asked ‘why we can’t wear hats?’ I said it’s because people may think they’re in gangs,” Haney told the Guardian. “They looked at me like they had never heard anything so crazy or disrespectful in their lives.”

In a world where some people view those dressed in a simple hoodie as a reason to fear a teenager, the change in dress code rules could be seen as rebellious. But not everyone is a fan.

“I’m both ways on it,” Jackie Cohen, co-founder of the student tutoring program 100 Percent College Prep Institute, told the Guardian. “They should be able to express themselves as young people, but I don’t think they’re ready for the consequences that come with it.”

The institute offers many workshops to youth in the Bayview, but one offered last October taught kids to be what Cohen calls a “social chameleon.” The class taught code switching, when Cohen as how people change behavior based on social surroundings.

It’s a concept that youth of color in her neighborhood grapple with every day. Do they wear a hoodie to a job interview? A hat in the classroom? How much slang should be used in any given conversation? How does the media portray them?

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Teenage (and younger) members of 100 Percent College Prep Institute learn about code switching from adult peers in a workshop held in October. Photo courtesy of Jackie Cohen.

San Franciscans were treated to a glaring moment of code-switching violation at last year’s NFC championship, when the 49ers were defeated by the Seattle Seahawks, whose cornerback Richard Sherman dissed 49ers player Michael Crabtree loudly in a TV interview, shouting, “Well, I’m the best corner in the game! When you try me with a sorry receiver like Crabtree, that’s the result you gonna get! Don’t you ever talk about me.”

The moment drew fire from football fans and commentators nationally; many called Sherman a thug due to his aggressive speech. In interviews later, Sherman equated the “thug” label with a racial epithet.

The message? Men of color have to act and dress within certain boundaries, and young persons especially can have trouble navigating those social boundaries, just or not. Young people of color’s clothing and speech styles can often be an impediment to breaching white-dominated power structures, Cohen said.

“If you put that resolution on the table, [Haney] should expand that to teach the other side,” she told us. “The code switching class should be part of that resolution.”

Haney, for his part, agrees that families should have a say in how their children dress at school.

“I think it’s a fair point,” he said. “The resolution doesn’t say schools must allow hats, it says it should be up to the school community and can be up to the school staff.”

But in a way, the resolution is pushing back against the need for code switching, and even mentions that the school district should recognize different forms of dress as a part of a community’s culture.

The resolution states: “A District-wide, positive, relationship-based culture is best supported by contemporary, culturally relevant Dress and Appearance standards with consistent application.”

And in San Francisco, as other big cities with pride in their sports team, saying hats are “culturally relevant dress” is an understatement.

Len Kori is a 26-year-old design major at California State University East Bay. But first and foremost, he is a San Francisco native, born and raised — he went to Thurgood Marshall High School, one of the schools affected by the resolution on hats.

He remembers the ban on hats well, which makes sense since Kori owns more than 200 of them, most bearing that unbeatable abbreviation: SF.

lenhat

Kori stands amidst some of his hat collection. Photo courtesy of Len Kori.

“You’d be surprised how deep the philosophy of collecting caps goes, as far as why people collect what they collect,” he told us. “My collection is solely based on who I am, and how important for me it is to acknowledge my roots,” Kori told the Guardian.

Hats defined his identity as a San Franciscan since he was a youngster, and as an adult he channeled his passions into designing hats himself.

One has the peninsula of the city dead center on the front of the cap, half the city aqua blue and the other half a gold dusky land mass. It reads “Bay Era,” a play off of the name of the popular New Era hats. Reflecting a love of city sports, some of his designs hearken back to San Francisco’s original baseball team, the Seals, sporting the original 1903 team colors of blue and white.

He’s happy to see the hat ban lifted because he feels “it’s important for kids to be able to express themselves.” Hats expressing city pride have long been a part of urban San Francisco culture, he said, but they are especially important now.

With so many displaced in the city’s housing crisis, there are too few of his former schoolmates around anymore. It makes the need to declare his love of San Francisco through hats especially poignant.

“It’s just really sad to see so many of my friends who have gone and left elsewhere,” Kori said. “I take pride in my city.”

Opposing sides rally troops for tech bus throw-down

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Tomorrow’s (Tue/1) San Francisco Board of Supervisors meeting will feature a hearing on the environmental impact of commuter shuttles, including Google buses. In what promises to be a telling moment in a polarizing controversy that started in late 2013, supervisors will be forced to pick a side.

This past January, the San Francisco Municipal Transportation Agency (SFMTA) voted to approve a pilot program that would allow private shuttle operators, including a host of tech companies, to stop in designated Muni bus areas for a fee of $1 per stop, per day.

The narrative is by now well-worn, with the well-connected, deep-pocketed tech industry on one side and seasoned local activists concerned about gentrification and private use of public bus stops on the other. 

While tomorrow’s hearing comes amid a larger debate about the tech sector’s role in fueling displacement through rising housing prices, it will focus on whether or not to sanction an appeal of the pilot program under the California Environmental Quality Act. 

The proponents of the shuttles — Google, Genentech, Apple and others — maintain they take cars off the road. Many workers commuting to the South Bay, for instance, would drive were it not for the existence of the shuttles.

The CEQA appeal was filed by the SEIU 1021, the League of Pissed Off Voters, and the Harvey Milk LGBT Democratic Club. The groups contend that the private shuttle system is helping to push long-time residents out of the city. Studies show that in areas around the shuttle stops, rents fly high and displacement is rampant

A key argument in favor of conducting an environmental review is that those displaced workers then have to drive into SF to get to work from places like the East Bay, negating any environmental benefits. By calling for a CEQA study, appellants hope to city will study how shuttles are linked to displacement and its associated environmental impacts. 

Tomorrow, the Board must decide whether to allow the 18-month pilot program to move ahead, or to delay it until after an Environmental Impact Review has been completed.

In preparation for tomorrow’s hearing, both sides are drumming up support from their ranks.

SF.citi, an alliance of San Francisco tech companies, sent out an email blast (and web post) that reads like a call to arms: “Divisive shuttle opponents are now suing the City to challenge this pilot program before it has the chance to get off the ground. We need YOU to tell the Board of Supervisors in person that you want them reject this lawsuit and let the pilot program go forward.”

The activists’ call to action takes a similar tone, with liberal use of caps lock: “PLEASE JOIN US TO SUPPORT THE APPEAL AND TO TELL THE CITY TO HOLD BIG TECH ACCOUNTABLE FOR THE ACTUAL IMPACT THEY HAVE ON OUR COMMUNITIES AND NEIGHBORHOODS! 

“We can not do this without a thorough review, which includes robust research and study of what the actual broad impact is. Without it, we can not be assured that tech is paying the fair price for their use of our streets and our transit infrastructure.”

To have your say, go to San Francisco City Hall tomorrow afternoon for the Board meeting

Poll says SF loves tech buses, doesn’t ask Spanish speakers

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San Franciscans love tech, they’re totally cool with the Google buses, and care more about job creation than the cost of living, according to a newly released poll of San Franciscans by the Bay Area Council.

But though the poll asked respondents these questions in English and Cantonese, the pollsters left out one pretty important group of people in this debate: Spanish speakers. Yes, a poll about tech buses and the tech industry, and tangentially gentrification — which is now hitting the Mission District hard — failed to ask Spanish speaking voters any questions in their native tongue.

“Considering the tech industry’s impact on the Mission district, that’s a little suspcious,” Cynthia Crews, of the League of Pissed Off Voters told us. That’s an understatement. The “Our Mission: No Eviction” protest last October turned out hundreds of Mission residents, many Latino, against the gentrification of the neighborhood (and the lax regulations of the Google buses). The first Google bus protest took place on 24th and Valencia, in the Mission district.

Assemblyman Tom Ammiano said it was especially important to include Spanish-speaking voters. “San Francisco is a very multicultural city,” he said. “Even if the [polling] results were the same,” by polling Spanish speakers, “it would be a truer picture.”

The San Francisco Municipal Transportation Agency announced a pilot program to study the use of commuter shuttles, including tech buses (known commonly as Google buses), but also shuttles from hospitals and universities. The pilot program came to a halt when a coalition of advocates filed an appeal of the pilot program under the California Environmental Quality Act, known as CEQA. Those concerns will be heard at City Hall next Tuesday. The shuttles impacted Latino populations in the Mission particularly hard, leading advocates to say question why their voices were not heard in the poll.

Rufus Jeffris, a spokesperson for the Bay Area Council, who commissioned the poll, told us they just wanted answers on how to move the conversation around tech forward. “Clearly we’re in a time of economic growth, but we want to make sure we’re focused ont he right solutions,” he said.

And the number of Spanish-speaking likely voters was not significant enough to warrant the expense of including them in that conversation, Jeffris told us.

The poll said San Francisco voters’ opinions differed from news coverage of the shuttles: “Despite what it may look like from recent media coverage, a majority of voters have a positive opinion of the shuttle buses and support allowing buses to use Muni stops.”

Of course you’ll find a lot of voters in favor of the Google buses if you fail to interview a major voting bloc of the city that actually lives near them. Latinos make up 15 percent of the city’s population, according to 2012 US Census data. But Jeffris said that may not matter.

“The universe of likely voters does not always mirror [the population],” he said. “Not everyone in the city’s population votes.” Ruth Bernstein, a principal of EMC Research, the pollsters, said the Cantonese speakers usually comprise 9 percent of likely voters.

The poll found that “Tech workers are viewed unfavorably by only a minority.” Just 17 percent of respondents were unfavorable of the tech industry to some degree, while 70 percent were favorable in some fashion. 

pollshuttle

An excerpt from the poll saying most San Franciscans view Google buses favorably.

 But the methodology of the poll may have been flawed regardless of who they talked to. Bernstein told the Guardian that the questions were crafted in sessions between the EMC Research and the Bay Area Council.

“We did a draft,” she said, “and then worked with the Bay Area Council until they were satisfied with what we did.”

The Bay Area Council is a noted pro-business organization, casting a particular narrative behind the questions it asks. Notably, it didn’t ask about the shuttles’ direct ties to displacement in neighborhoods. It did, however, ask many questions about the Google buses, or “shuttles.”

“All I can tell you is what we saw,” Berstein told us, of her company’s methodology. “There are certainly people not happy about [the shuttles]. The voters aren’t opposed to them, but they want regulations.” 

SEIU Local 1021 Political Director Chris Daly was more plain spoken about the business interests behind this poll. “Well it looks like Jim Wunderman seeking a paycheck!” Daly said, referring to the Bay Area Council’s CEO and President. “Get the nice folks at EMC to do a poll for you, probably costs you close to 20 grand. They’ll get a good day of press out of it tomorrow.”

But even if the poll turned out to be the same, or similar, if it included voices of Spanish speakers, Daly said it still wouldn’t get to the heart of the issue.

“Even if the public does like tech shuttles, it has no bearing on the CEQA hearing Tuesday to determine if the City followed categorical law on this ridiculous policy,” he said. “They claim [the shuttles have] no significant environmental impact. “When it comes to displacement, when it comes to air quality and cancer rates, clearly these things are having a huge impact on San Francisco’s environment.”

And though the corporate shuttles do take cars off the road, if those same shuttles displace low-income workers into the suburbs, those low-income workers will then have to drive into San Francisco for work.

The tech workers get to ditch their cars, and the low-income workers will be forced to drive. Sounds just about as equitable as this poll.

If you’d like to see the poll for yourself, we’ve embedded the slides showing the results below.

San Francisco Shuttle Survey by FitztheReporter

A fine dilemma

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Police have heavily increased sweeps of homeless campers in Golden Gate and Buena Vista parks since January as city officials discuss the next 10-year homeless plan, targeting a specific population of the city’s homeless: youth 25 years old and under, kids who often make those parks their homes.

Officials estimate there are as many as 1,902 homeless unaccompanied children and transitional age youth (ages 18-24) in San Francisco. The Haight’s young homeless often identify themselves colloquially as “street kids.” Although not all street kids desire to stop roaming, those striving to stabilize their lives find camping citations a major barrier in escaping homelessness.

“There’s been a big step up in police force in the Haight,” Jefferson Fellows, a manager of outreach at Larkin Street Youth Services, told us. On the early morning of Jan. 24, Park Station police officers cited over 30 campers in Buena Vista and Golden Gate parks, according to police records. The numbers are higher than usual, but month-by-month comparisons are difficult due to the seasonal changes in homeless populations.

At its satellite office, Fellows works with Haight street youth to reduce their citations and maintain court dates. “There’s a real struggle our youth are facing, and a lack of options,” he said.

The youth and police both verify that enforcement has increased lately.

Capt. Greg Corrales of Park Station told the Guardian he’s increased sweeps of campers in the two parks in response to increased community complaints. When we asked him to produce email copies of those complaints, he said many of them were made in person at community meetings.

A recently formed petition, “Restore and Improve Buena Vista Park,” specifically calls on local police to step up patrols, increase enforcement of no camping laws, and to place police at key points around Buena Vista Park at 5pm to prevent campers from setting up in the evening. It has 748 signatures.

The neighbors view increased police action as the solution to dissolving campsites, but the citations issued to those campers can be a barrier for these youth to find permanent housing.

Walking into Larkin Street Youth’s satellite office on Haight Street is akin to stumbling into a Thanksgiving dinner. Teenagers and 20-somethings gather around a table brimming with food: strawberries, pastries, cheese, and more. Many know each other, and rejoice in their reunions after spending months apart on the road. As we walked in, a girl named Stormy shouted “Ace!” happily and wrapped her arms around a dreadlocked friend.

They may or may not have homes, but it’s clear many consider each other family. Among their many common bonds (a love of dogs is a popular one), they all have one thing in common they don’t celebrate: an abundance of citations for sleeping or camping in parks.

One of them is Skye David Chase, 23, a tan and bearded native San Franciscan. He has “blood family” out in the Presidio. “My mom was a black sheep, she hung out with the hippies and the Deadheads down here (in the Haight),” he said. “My soul is here.”

Chase pulled out a stack of citations an inch thick. They’re mostly from camping in Golden Gate Park, but other citations are peppered in as well, he said. Altogether they tally about $2,000.

“Now I have a lot of fines built up, I might have jail time, I don’t know. That’s just for four months of sleeping here,” he said. “In that time, I was coming [to Larkin] for services, I was going to counseling, getting my medical stuff. The cops would show me respect, shake my hand sometimes, but they’d still give me the ticket.”

Not all street kids want out, but Chase is tired of roaming. He says he kicked his heroin habit, and now spends his time educating himself in libraries and looking for a steady job. He dreams of becoming a librarian.

Most importantly, he’s seeking a permanent place to call home. But he’s in a hole he can’t dig out of: if he doesn’t find housing he’ll keep accruing camping citations, and finding housing is difficult as long as the citations burden him financially. Applying for certain types of housing can be difficult with the specter of criminal history hovering over you.

“Many programs turn people away who have warrants,” Jennifer Friedenbach, the executive director of the Coalition on Homelessness said. As citations go unpaid, youth are issued arrest warrants. And although some programs work to clear records of offenders, like the Public Defender’s Office’s Clean Slate program, camping violations are often infractions — Clean Slate advertises helping offenders reduce felonies to misdemeanors.

A San Francisco Civil Grand Jury report last year put the problem succinctly: “The current system of issuing citations for nighttime sleeping and camping in the Park has not been effective in reducing the number of park dwellers.”

Bevan Dufty, the director of the mayor’s homeless program, HOPE, said he understands the need to enforce the law, but that perhaps that enforcement is detrimental to permanent housing solutions.

“Citations more often than not result in a barrier to housing people,” he said. But camping citations are just one of many types of citations harrying the homeless, he said. Dufty told us of a young woman who is now 23, but has been homeless since she was 15. He went with her to court to try to minimize her many citations, which made her ineligible for some services.

“The fundamental goal,” he said, “should be trying to get people housed.”

Dufty said he would try to help Chase personally, and we’re now in efforts to connect them.

Chase may have many fines built up, but a pro bono attorney he met through Project Homeless Connect is helping him navigate the legal system. Recently, his effort to find housing and get a job have taken on a dangerous edge of necessity. Chase recently learned he is HIV-positive.

“I just found out six months ago,” he said. It’s forced him to make decisions about where to camp, based on his energy levels and proximity to services. “If I walk too much I’m not utilizing my food and energy properly.”

Many of the street kids are roamers, but for those like Chase who want to find permanency and stability, it can almost seem like the city is giving them a help up with one hand and pushing them back out onto the street with another.

But Chase maintains positivity about life.

“I was here a few months ago and someone had a telescope out here, we could see the nine moons of Jupiter lined up. It was powerful,” Chase said. “I have an empathetic viewpoint now that I’ve been through all this. I don’t have a choice.”

Uber’s secret, “proprietary” insurance policy leaked

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An anonymous leaker emailed Uber’s previously secreted, hidden insurance plans to the Bay Guardian and a number of taxi industry advocates over the weekend, and who is and who is not insured by Uber may give riders cause for worry.

The insurance policy describes exclusions, limits, and explicit descriptions of who is insured, all details that evaded the public, the taxi industry, and some regulatory bodies trying to investigate Uber and its insurance coverage.

Uber confirmed with the Guardian that the leaked policy was legitimate, but did not directly answer our questions about the consequences of it being leaked.

William Rouse, general manager of Los Angeles Yellow Cab and a former president of the Taxicab Association, said the insurance document raised some troubling questions.

The first problem lies in a semantics game the company may use to distance itself from paying out insurance, he said. “Uber is insuring through Rasier LLC, but contractually drivers contract with Uber. They state in the policy that it kicks in only when Raiser is liable. What we have here is a shell game. Who is Rasier?”

Uber is the parent company of Rasier, Andrew Noyes, an Uber spokesperson, told us. But how listing Rasier versus Uber as the main insurance carrier will affect insurance claims down the road remains to be seen. 

Exclusions in the policy are many, such as one for the “movement of property by mechanical device.”

It states: “‘Bodily injury’ or ‘property damage’ resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered ‘auto’” is excluded from coverage. Spokesperson Andrew Noyes said this exclusion deals with unloading and offloading of material from a vehicle via a pallet jack or forklift.

One wonders what exclusion Uber used to argue against insurance payment in an incident last year, when a driver using Uber drove into a fire hydrant, which flew 81 feet down Divisadero and landed on a woman named Claire Fahrbach. The resulting geyser flooded several nearby businesses. Fahrbach is suing Uber for medical coverage, litigation that is still ongoing. 

Many revelations from the document are sure to come, and the Guardian will seek analysis from insurance industry experts on the leaked document.

hydrant

Uber’s insurance practices came under sharp investigation after the New Year’s Eve death of six year old Sofia Liu, who died after a collision with a car driven by a driver who had been using the Uber app.

“We have not made the policy — in its entirety — public,” Noyes wrote to us. But now that Uber’s insurance policy is released, advocates and the public can openly discuss the legitimacy and reach of Uber’s insurance. 

San Francisco. New York. Seattle. Cities and states across the country are grappling to regulate the so called rideshare companies, known legally as Transportation Network Companies, such as Uber, Sidecar and Lyft.

The municipalities grappled with many questions: who pays the medical bills, the fees to repair or replace damaged autos, or pay for the damage to property in an car accidents with Uber vehicles? A number of lawsuits filed against Uber so far show that the company has been unwilling to pick up the tab.

At a state insurance hearing in Sacramento last week, the personal automobile insurance industry blasted Uber for shifting some insurance liability onto its drivers’ personal insurance policies.

“It is well documented and publicized that the business model does attempt to shift the cost and the risk to the drivers personal auto insurance,” said Armand Feliciano, the vice president of the Association of California Insurance Companies. But personal insurance is not for people driving what is essentially a taxi cab, he said.

“The risks are fundamentally different,” Feliciano said to the state insurance commissioner. Rideshare companies need to “step up and be the insurers of their drivers. That’s the right policy decision.”

Uber has repeatedly stated they do not want their insurance policy revealed to the public.

“We have spent a great deal of time and effort acquiring this policy and do not share it publicly for competitive reasons,” Noyes told the Seattle Times earlier this month.

When we repeatedly asked him if it was troubling to Uber that their insurance policy was leaked, despite public affirmations that it remain private, Noyes wrote to us “not sure what you mean.” 

The California Public Utilities Commission directly regulates rideshares, or Transportation Network Companies, is one of the few regulatory bodies to have a copy of the policy, but so far it has declined to distribute it openly.

We contacted the CPUC for clarification as to why they withheld the documents, but they asked for more time to get back to us, and did not reply before press time. 

Now that’s changed. We’re embedding Uber’s insurance policy below. If you have any analysis, tips or concerns, please email us at news@sfbg.com

Leaked Uber Insurance Policy by FitztheReporter

 

Injured Occupy Oakland protester and veteran Scott Olsen wins $4.5 million settlement

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Iraq war veteran and injured Occupy Oakland protester Scott Olsen, 26, won a settlement of $4.5 million from the city of Oakland in a federal lawsuit, his attorneys announced today. 

At the tail end of a thousands strong 2011 Occupy Oakland protest, an Oakland Police Department officer fired a beanbag directly into Olsen’s head, causing serious and lasting brain injury. His attorney, Rachel Lederman, said that was why the payout was so high.

“His bones were shattered, part of his brain was destroyed,” she told the Guardian. “He’d been working as a computer system network administrator. He’s not going back to that kind of work, and it compensates him for his wage loss for his lifetime.”

But in the end, she said, “No amount of money can put his head back together.”

Video of the Occupy Oakland protest in 2011, including video shortly after Olsen was injured.

The “beanbag” is more accurately described as a flexible baton round, a press release from the Oakland City Attorney’s office wrote. A flexible baton is a cloth-enclosed, lead-filled round fired from a shotgun.

In an interview with the Political Fail blog shortly after the lawsuit was announced in 2012, Olsen said the lawsuit was about more than himself. 

“We want to hold the police department accountable so we can hopefully prevent police brutality in the future,” he said, speaking slowly. 

Olsen is not the OPD’s only worry. OPD is currently under federal oversight over its questionable actions in incidents like the Riders case, and the mishandling of the Occupy protests. As then-Guardian reporter Yael Chanoff reported in 2012, the OPD’s own Incident Statistics document the extensive use of force the night Scott Olsen was injured.

She wrote “The document describes several types of UOF. On Oct. 25, these included baton (26 uses), chemical agent (21 total uses), non-striking use of baton (19 times), control hold (five), four uses of ‘weaponless defense technique’ and five uses of ‘weaponless defense technique to vulnerable area.’ In four reported instances, police ‘attempted impact weapon strike but missed.’”

Ultimately the City of Oakland will pay only $1.5 million of the $4.5 million settlement, city spokesperson Alex Katz wrote in a press release. The city’s insurance will pay the rest.

City Attorney Barbara Parker said the payout was about justice, but is also about saving Oakland money in the long run.

“This settlement will save the City the far greater costs of a trial and potentially much higher judgment,” she said. “This is a fair settlement given the facts of the case and the significant injuries Mr. Olsen sustained.”

No charges filed against City College student protesters

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The two formerly jailed City College student protesters can now breathe a sigh of relief, as this morning they learned that the District Attorney’s Office won’t be filing criminal charges against them.

Otto Pippenger, 20, and Dimitrios Philliou, 21, were detained by SFPD following a violent clash during a City College protest last Thursday. Their ideological and physical fight for democracy at their school is also the subject of one of our print articles in this week’s Guardian. Philliou’s attorney confirmed to the Guardian that charges were not pursued by the District Attorney’s Office.

“The charges have been dropped for now, in terms of the criminal case,” said Rachel Lederman, president of the San Francisco chapter of the National Lawyers Guild, which is representing Philliou. 

But, she noted, they’re not out of the fire yet. 

“The fight is not over for them,” she said, “as it’s possible they’ll face school discipline.”

Heidi Alletzhauser, Pippenger’s mother, told the Guardian that Vice Chancellor Faye Naples indicated the two would face some sort of disciplinary hearing, though Naples told Alletzhauser that Pippenger would not be expelled.

We called Napes to confirm, but did not hear back from her, and we’ll update this post if and when we do. 

Alletzhauser was concerned that the Chancellor Arthur Q. Tyler publicly pointed a finger at the two boys, shaming them for their actions in a letter he penned to the community and to the press. “I am saddened to see students engaging in violent outbursts,” he wrote. The letter as a whole seems to cast a shadow of blame on the protesters. 

“It sounded to me like they were sure Otto and Dimitrios were guilty,” Alletzhauser said.

The school hearing has not yet been confirmed. Alletzhauser was happy to see her son and Dimitrios get back to school.

“They both had classes at 10, so they went to school,” she said. “Which is adorable, I think.”

Cops on campus

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Historic new protections are now in place for children facing police action in the San Francisco Unified School District.

Reforms include having a parent present when police question a child, tracking police presence in schools, and using a more lenient approach than simply dragging kids off to the police station or juvenile hall. All of these may be strengthened by a new memorandum of understanding (MOU) between the SFUSD and SFPD.

The MOU, passed by the Board of Education at its Feb. 25 meeting, places new restraints on police officers when they come into schools, with specific outlines for when schools should call police, board President Sandra Lee Fewer told the Guardian.

“It’s about changing student behavior, versus punishment,” she said. The agreement dovetails with the district’s new restorative practices initiative aimed to decrease reliance on suspensions to correct behavioral problems (see “Suspending judgment,” 12/3/13).

All sides say the MOU is strong, but one section was weakened shortly before it was voted on. In the final hour before the MOU was brought before the Board of Education, the police revised the language of the agreement.

One important word was changed in a section describing how police are to respond to student crime on school grounds: a “shall” became a “should.” Critics say that change transforms the contract from a legally binding agreement signed in goodwill to a mere suggestion of cooperation from the police.

“To a civilian, those are everyday words. To a police officer, they’re the difference between always and never,” Police Chief Greg Suhr told the Guardian.

At a Jan. 14 Board of Education meeting, members of Coleman Advocates for Children and Youth told the board that this contract was no mere suggestion: It is vital to the safety of children.

Kevine Boggess of Coleman Advocates worked on the agreement for over two years, explaining to the board why “shall” was so important: “We feel like this is something that’s necessary for this document to really stand true, to make sure students are treated with respect and not introduced to the criminal justice system.”

Boggess said cops need stringent rules. But to see why those rules are necessary, we need to revisit a dark day in San Francisco history, when police discretion turned a school brawl into a riot.

 

MELEE PROMPTS REFORMS

To those who remember, that day in 2002 is known as 10/11. Board of Education member Kim-Shree Maufus remembers that day well.

Maufus was sitting at work when her friend, a teacher, emailed her alarming news: Maufus’ daughter was in danger. She was a sophomore at Thurgood Marshall High School, and the entire school was under attack.

Barriers blockaded the streets around Thurgood Marshall and helicopters swarmed the skies. At least 100 armored officers stormed the school, weapons at the ready.

“They were beating them. When my daughter got on the phone, I couldn’t understand her. It wasn’t English. Later, I understood it was a nervous breakdown,” Maufus told the Guardian.

The book Lockdown High recounted the incident in which Maufus’ daughter and dozens of other students, as well as teacher Anthony Peebles, were batoned by police and injured.

The San Francisco Bay View’s article on the incident quoted a student who saw the violence escalate: “‘We were coming out of the office as the fight was going on, and an officer took his gun out at one of the students and told him, ‘Don’t make me use this,’ said Ely Guolio, a student. ‘I was shocked.'”

The police allege they responded to a riot, and although four students and a teacher were arrested, all charges were later dropped, according to a San Francisco Chronicle report from 2003.

In the incident’s wake, Coleman Advocates and other groups called for change. Proposition H was passed by San Francisco voters in 2003, reforming the Police Commission to provide better civilian oversight of the SFPD.

But negotiations around an MOU between the police and the school district stalled for years. The tensions between the two bodies were high.

“Police would come to schools and arrest students, saying the students were re-igniting incidents from Thurgood Marshall,” Maufus told us. “The Thurgood Marshall melee was absolutely the catalyst to get the conversation started on how to structure police on school property.”

In 2005, an MOU was crafted, but many viewed it as ineffectual. Although this new agreement between the SFPD and SFUSD has many strong new rules, one rule was weakened that pertains to the violence of 10/11.

The section in question reads: “Subject to the exception described below, when SFPD officers make a school based arrest they should (emphasis ours) use the graduated response system outlined below.”

The graduated response system sets rules for police officers when they enter a school to make arrests for low-level offenses. It’s a “three strikes” rule: the first offense warrants admonishment or counseling, the second offense asks for the same or a diversionary program, and the third recommends a juvenile be placed in probation or a community counseling program.

“It’s definitely less binding,” Fewer told the Guardian. “But the police chief would not sign it with more binding language.”

Suhr said he doesn’t want his officers restricted in an emergency. “You can’t take all discretion away from a police officer, and expect that officer to assume liability (for the situation),” Suhr said.

Some said the SFPD of today is easier on students than 12 years ago. Juvenile arrests are down, with just over 600 felony juvenile arrests in 2012 compared to 1,100 in 2003, according to SFUSD data.

 

COOPERATIVE APPROACH

Implementing a restorative justice model and new standards for police in the schools isn’t just a matter for the SFPD, but for individual school administrators as well, with Fewer noting that the SFUSD sometimes calls the police for routine disciplinary matters.

The Guardian profiled one such student in “Suspending Judgment,” telling the story of a school official who called on the police to discipline a kindergartner throwing a tantrum. Suhr agreed, “You can’t have police officers enforcing school discipline.”

The MOU now seeks to address that problem in a section directing school administrators to only call the police for public safety concerns and crimes. And though the MOU is not as ironclad as advocates may have wished, there are still many wins for reformers.

One of the authors of the agreement, Public Counsel’s Statewide Education Rights Director Laura Faer, said the new mandate for data collection is one of the key sections of this MOU. Now, the SFPD will report how many times officers have entered school grounds to arrest students.

“There will be a regular dialogue with the community about arrests,” she said. “It’s extraordinary.”

The agreement also has mandates for training with the SFPD on school policies. And, as Fewer reminded the Guardian, this is a living document. All parties now have new promises to live up to.

“This is the beginning,” Faer said, “this is not the end.”

Democracy for none

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Democracy is dead at City College of San Francisco. At least, that’s what student protesters allege.

At a rally on March 13, over 200 student and faculty protesters marched at City College’s main campus to call for the resignation of state-appointed Special Trustee Robert Agrella. When City College was told it would soon close, the city-elected Board of Trustees was removed from power, and the state gave Agrella the power to make decisions unilaterally.

Agrella is not beholden to board rules, and now makes policy decisions behind closed doors: No public meetings are held and no public comments are solicited.

His decisions have proved controversial. Students are concerned that fast-tracked decision-making and new billing policies will create new barriers for students with few other educational options. But with no public forum to express their outrage, students took to the pavement.

The protesting students were met by police aggression, and in the aftermath of the clash two students were arrested — one was pepper sprayed, and the other suffered a concussion, allegedly at the hands of a San Francisco Police Department officer.

Both SFPD and CCSF police were on hand for the protest.

Controversy is now swirling around Agrella, school administrators, and the students involved. But lost among questions about police violence are larger policy concerns. When will democracy, that critical right to have a say in significant decision-making on campus, return to City College?

Critics say City College is compromising its core mission in its fight to remain open and accredited, slashing access for students and curtailing democracy in the name of reform.

“To be excluded and ignored and disenfranchised is simply unacceptable,” said faculty union president Alisa Messer.

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BEFORE YOU READ ON: Check out our beta multimedia version of this story.

(Or you can read the plain text version below)

PEPPER SPRAYED AND INJURED

The protest began as students marched across City College’s main campus in an open space designated by college officials as a “free speech zone.” They headed toward an administrative office building, Conlan Hall, where students freely conduct business every day. However, the administration locked the doors on the protesters.

In response, the students inside unlocked them. When the protesters tried to enter this public building, they were met with resistance from campus police and the SFPD.

Otto Pippenger, 20, who was at the front of the protest, was dragged to the ground by multiple officers and allegedly punched in the head by an SFPD officer, an incident caught on video and recalled in eyewitness accounts.

His mother, Heidi Alletzhauser, told the Bay Guardian that Pippenger had since received medical attention. She said he’d suffered a concussion, contusions from where his head hit the concrete, injuries to both wrists, and broken blood vessels in his right eye.

Dimitrios Philliou, 21, was tackled to the ground and pepper sprayed in the face. In a video interview shortly after the incident, he recalled what happened.

“I asked [officers] what law I broke and neither could give me an explanation. They proceeded to tackle me to the ground,” he said.

In the end, Philliou was charged with misdemeanor “returning to school,” described as trespassing by the Sheriff’s Department. Pippenger was charged with two misdemeanors: resisting arrest and battery on emergency personnel.

The students were released the following morning (March 14), before sunrise. Philliou was issued a citation and released, and Pippenger made bail and was released, according to the San Francisco Sheriff’s Department.

The City College faculty union raised over $1,000 towards Pippenger’s $23,000 bail. He will face arraignment March 19, two days after the Bay Guardian goes to press.

In an emailed statement, City College Chancellor Arthur Q. Tyler described the clash between protesters and police as the fault of the protesters who tried to enter the building.

“I am saddened to see students engaging in violent outbursts,” he wrote.

City College spokesperson Peter Anning said the school regretted the actions of the most violent officers. “There was one police officer with the SFPD, not [City College Police], whose behavior was more forceful than need be,” he said.

Philliou said he just wanted to be heard.

“We just want to have a conversation with Bob Agrella,” he said in a video interview with the college’s newspaper, The Guardsman. “It’d be nice if he would talk to us, like a real human.”

But so far, the students have been met with silence.

 

DEMOCRACY NOW

Agrella does not hold public meetings or take public comment on his decisions, but he posts public agendas in accordance with the California Brown Act. In the past, he’s called these posted agendas “meetings,” and dubbed email feedback as “public comment.”

Messer was critical of the practice. “Apparently these meetings are happening in the special trustee’s head,” she said, “and an email counts as public comment. No one agrees that [email] comment is public.”

In the past, public comment has meant speaking aloud at a meeting in a room where not only could everyone hear you, but every word was broadcast on television and on the web.

City College Board of Trustee public meetings used to be archived online for the world to see. Now only Agrella’s eyes see the concerns of the college community.

Pressed on whether these agendas and emails could count as public meetings, City College spokesperson Larry Kamer said, “I can’t answer that question because you’re getting into matters of legal interpretation. I’m not a lawyer.”

The Board of Trustee’s meetings were not always the most shining examples of democracy, he said.

“When Dr. Agrella was appointed as special trustee with extraordinary powers, it was precisely for the purpose of expediting decision making,” Kamer said. “The idea of expedited decision making and board meetings that go until one or two in the morning are usually incompatible.”

But City College Trustee Rafael Mandelman said some of the tension around the changes at City College could be diffused by letting the public vent, well, in public.

“I’d much rather have people jumping up and down in public comment than having an assault at Conlan Hall,” he said.

At a City Hall hearing held by Sup. David Campos the day after the protest, many students decried a loss of democracy at the school. Campos will soon introduce a resolution to the Board of Supervisors calling for the reinstatement of the City College Board of Trustees.

Students’ concerns about the college, voiced at rallies instead of public forums, have proven as diverse as the students themselves.

 

THE COLLEGE TRANSFORMS

The same day protesters clashed with police at the main campus, Chinese Progressive Association lead activist Emily Ja Ming Lee led a student protest at the college’s Chinatown Campus.

The population there is traditionally older, with fewer English speakers than the general student body.

“We’re worried about the impact on the immigrant communities, the free English as Second Language classes, and vocational training,” Lee told the Guardian. “We partner with City College to run a hospitality training program so immigrant workers can get good jobs. We’re concerned about how City College will serve its immigrant workers.”

That concern has been intensified by a new restrictive billing policy that’s impacting lower income students.

The school has started to require up-front payment for classes, rather than billing students later. The change may shore up the college’s bank account in the short term, but many financially strapped students dropped their classes due to an inability to pay.

Itzel Calvo, a student who is an undocumented citizen, said at the City Hall hearing, “I was not able to enroll in classes this semester unless I paid thousands of dollars in tuition up front, even before the classes started. I can’t afford that.”

The Chinese Progressive Association has also raised concerns about changes to the college’s educational plan.

Over the course of four months, City College will formulate an educational plan to determine which classes deserve funding, and which don’t. This process usually takes a year. But with the accelerated process and lack of outreach, Lee’s worried that English language learners and vocational students will be sidelined.

“Our students don’t fit into a traditional model of what community colleges look like,” she said. “They’re not looking to transfer to a four-year university, necessarily.”

Focusing on transfer students moving from community colleges to four-year universities is part of a state policy known as the Student Success Initiative. In a lawsuit against the Accrediting Commission for Community and Junior Colleges, City Attorney Dennis Herrera alleges that the ACCJC’s agenda of pushing this initiative was the driving force behind trying to close City College.

The college’s students rallied against those changes for years. Yet Agrella is enforcing the Student Success Initiative. “My job is to play within the rules and regulations of the ACCJC,” he told the Guardian in an interview a few months back.

On campus, concern is growing that changes made to appease the ACCJC may disenfranchise City College students in greater numbers. But worst of all, without public meetings or public comment, the college’s students may not get a chance to advocate against those changes before it’s too late.

Sexual assault survivors seek reform at the University of California

University of California Berkeley graduate Nicoletta Commins was 20 when she was sexually assaulted, in early 2012. She’d been taking a Taekwondo class, and said her teammate assaulted her when they were in her apartment.

He was “just an acquaintance,” she said in a phone interview. “We were sort of flirty, but not close friends.”

Following the incident, she had a pervasive sense of fear. “He was on campus for a month or a little more, after this happened. I was really depressed. They let me take a reduced workload, but it was hard to keep up with school,” she said. “I took windy ways to school to avoid him. I saw him on campus and it was a terrifying experience. There was one time I saw him walking by, and I hid behind a car.”

Adding to that stress was the difficulty Commins says she encountered after formally reporting the assault and awaiting a response from campus officials.

Late last month, 31 women who currently or formerly attended UC Berkeley filed formal complaints with the federal Department of Education, alleging that the university had mishandled sexual assault investigations through repeated failure to adequately address reports of these incidents.

Universities are bound to comply with Title IX, a federal civil rights law that requires postsecondary institutions to take measures to protect sexual assault victims. They must also adhere to the Clery Act, which requires reporting of crime statistics and for security policies to be in accordance with federal guidelines.

In their complaint, sexual assault survivors charged that UC Berkeley had violated their rights under Title IX and the Clery Act by failing to meet the complaints with adequate investigation and response. This was the second formal complaint to be lodged along these lines: Last May, nine women who had attended UC Berkeley came forward with an Office of Civil Rights complaint charging the same. This most recent filing was an updated complaint with accounts from more survivors.

After the sexual violence she experienced, Commons said she immediately sought medical care and reported what had happened. Initially, campus staff was responsive, she said. She met with a representative from the Office of Student Conduct, followed by a meeting with a campus coordinator tasked with Title IX compliance.

“People reached out to me. People told me their burden of evidence is lower at the school than the court,” she recounted. “They said people will see disciplinary action in the school that they won’t see from law enforcement.”

But time went on, and she heard nothing. “No one would tell me anything or respond to emails. All of a sudden everyone left me in the dark. They told me there’d be a hearing to participate in. Then nothing. For months.”

Getting nowhere through campus channels, she decided to go to the police, prompting the Alameda County District Attorney to become involved in her case.

After a year and a half had gone by, a settlement was finally reached. “Part of it included him not coming back to school for a few years before I left the campus,” she explained. “He had to get counseling. He was excluded from school functions, and [was barred] from contacting me.”

But she believes UC’s hand was forced by her decision to involve law enforcement. “If I had not reported to the police and the DA had not come to agreement with the lawyers, [the settlement] would not have happened,” she said. “It was an agreement between the DA’s office and the school.”

Following the initial OCR complaint last May, the California Legislature ordered the State Auditor to conduct an audit of UC Berkeley and three other universities, to assess outcomes of sexual violence complaints on a broad scale and to investigate whether the universities’ policies are in compliance with federal guidelines.

“Sexual violence is the elephant in the room that nobody wants to talk about, particularly in an educational environment,” Assemblymember Anthony Rendon wrote in a letter calling for the audit.

“I am particularly concerned with the recent allegations made by the nine women from UC Berkeley stating that their cases were simply not taken seriously by campus officials and not reported properly. Campus officials discouraged them from reporting their cases to police and did not provide these victims with adequate support services … These women are broken down physically and emotionally. The lack of support they received from the officials on campus is attributable to this.”

Margarita Fernández, spokesperson for the State Auditor, said the audit was a work in progress and that findings could be released in June.

“The U.S. Department of Education’s Office of Civil Rights received a complaint that alleges discrimination on the basis of sex, sexual violence, race and disability at the University of California-Berkeley,” a spokesperson from that agency wrote in a statement to the Bay Guardian. “The Department is evaluating the complaint allegations to determine whether they are appropriate for a civil rights investigation.”

In the interim, the UC system has taken some steps in the wake of the federal complaints. According to a March 7 announcement, the school released a new policy against sexual violence and harassment that provides for expanded training and education, increased reporting requirements, and broader protections for victims, according to a recent announcement from the office of UC President Janet Napolitano.

UC Berkeley has also issued a formal response, with Chancellor Nicholas Dirks issuing a Feb. 25 letter to announce efforts to streamline campus policies around responding to sexual violence.

Addressing the sexual assault victims who came forward, Dirks said, “I have been deeply moved by your courage and conviction, and offer my full support for your efforts.”   

We sought to contact representatives from the campus’ Gender Equity Resource center, which provides assistance to sexual assault victims, but received a statement from campus spokesperson Janet Gilmore instead.

“We are committed to taking a close look at what we can do to better serve students and incorporate their concerns as we seek to address these issues,” Gilmore wrote. “That process remains underway.”

AirBNB apartment advertised for “XXX Freakfest” orgy

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A Manhattan comedian put his apartment up for rent on SF-based AirBNB, only later to find his renter advertising out his apartment for an orgy, Gawker reported Friday. While hilarious, the incident highlights key points in the New York attorney general’s litigation againts AirBNB. And the San Francisco City Attorney may soon look into them as well.

The problem? Cities have no data on how AirBNB rentals are being used. Usually the concern is over landlords renting through AirBNB at the expense of evicted long-term tenants. In this case, the tenant asked comedian Ari Teman if it was alright to have family over for a wedding. It turns out he meant to use the apartment for much wilder aims.  

Teman walked through the lobby of his building, just before leaving for a trip, only to overhear his new tenant say “they’re shutting us down,” according to Gawker. Suspicious, Teman Googled his tenant’s phone number and found a Tweet advertising a “BBW panty raid” party. 

For the unitiated, BBW stands for Big Beautiful Women. Talk about the wrong time to leave. One wonders if Teman was just bummed he missed out on all the fun. He needn’t have worried, as the next advertisement listed was for a “XXX Freak Fest” — in Teman’s own apartment.

The damage to his apartment may also have gotten him miffed. His furniture was damaged and overturned, and bags of condoms and loads of liquor were strewn about his apartment. 

The tenant, who Gawker identified as “David,” said an agreement between he and Teman specified he could have up to 50 guests, which Teman denies. 

To its credit, AirBNB put up Teman in a hotel while his apartment is cleaned, changed his locks, and ponied up $23,817, all within 24 hours, Gawker reported.

The best part? Afterwards, the now infamous company Taiwanese Animators already has a 3D animated cartoon up about the incident. Though we will say, the video is a bit problematic by primarily featuring black actors in the overweight roles. What’s with that!?

But really, this is another example of the troubles around lax regulation of AirBNB which hopefully will be ironed out soon. The NYPD cleared the apartment, which costs New York City a chunk of change. That’s money that isn’t paid for by AirBNB, because hosts have so far skirted paying hotel taxes. The same is true in San Francisco. 

As we’ve reported previously, New York Attorney General Eric Schneiderman issued a subpoena to Airbnb last October, demanding information on New York City’s 15,000 hosts and 25,000 listings.

So far, San Francisco hasn’t pursued AirBNB with the same zeal. Maybe all we need to do is throw a few AirBNB hosted sex parties.