Rebecca Bowe

Avalos to call on SF retirement system to divest from fossil fuels

San Francisco’s city pension fund may have as much as $1 billion tied up in companies that control fossil fuel reserves, such as Exxon, BP, Shell and Chevron. At the Board of Supervisor’s meeting this afternoon, Sup. John Avalos plans to introduce a resolution calling on the San Francisco Employees Retirement System (SFERS) to divest from leading fossil fuel giants. 

The resolution, which urges the San Francisco Retirement Board to stop investing in stocks and and mutual funds with shares in coal, oil and gas companies, was created with input from nationwide environmental organization 350.org. Last year, 350.org launched a campaign calling on universities to divest from 200 targeted fossil fuel companies as a way to tackle global climate change.

“They’re the companies that own the vast majority of the world’s fossil fuel reserves – who actually own the carbon that’s sitting in the ground,” explains Jamie Henn, cofounder and communications director of 350.org. When these fossil fuel reserves are extracted and burned to generate power, they’ll emit greenhouse gases such as carbon dioxide, worsening the impact of global climate change.

Scientists have calculated that from here on out, a total of 565 gigatons of carbon dioxide can be emitted into the atmosphere before the planet’s global average temperature increases by two degrees Celsius. Despite widespread international consensus that crossing this threshold would bring unacceptable consequences, says Henn, the 200 targeted companies can access enough oil and gas reserves to eventually emit five times as much CO2 into the atmosphere.

“Their share prices are based on their ability to burn those reserves,” Henn said. “The only way we can tackle climate change in this country is if we weaken the fossil fuel industry.”

To that end, Avalos is acting locally.

“San Francisco has aggressive goals to address climate change,” the District 11 supervisor noted. “It’s important that we apply these same values when we decide how to invest our funds, so we can limit our financial contributions to fossil fuels and instead promote renewable alternatives.”

Supervisors do not have control over the investment decisions of the San Francisco Retirement Board, which controls the city’s $16 billion pension fund, so Avalos’ resolution would not impose a legal obligation to divest. Yet a Budget & Finance Committee hearing about the proposed resolution could help raise awareness of the issue, noted Jeremy Pollock, a legislative aide to Avalos. The idea is to start a conversation about “what our social investment policy is, with regard to retirement funding,”  he explained.

If Avalos’ resolution to divest in fossil fuels is ultimately approved by the full board, San Francisco would become the second city in the nation to take such a step. Seattle Mayor Mike McGinn called on city retirement funds to abandon stocks in coal, oil and gas companies last December.

In addition to the resolution calling for divestment from fossil fuels, Avalos also plans to introduce a resolution urging the San Francisco Retirement Board to divest from publicly traded manufacturers of firearms and ammunition.

Supes call for stronger SRO safety measures

It’s no secret that tenants living in single room occupancy hotels (SROs) often grapple with health and safety issues, from bedbug infestations to plumbing problems.

At a committee hearing this afternoon, members of the Board of Supervisors will consider legislation [PDF] introduced by Sup. Eric Mar that would amend the housing code to require owners of SROs to install grab bars in common-area bathrooms, and to provide working phone jacks in each SRO unit.

These measures may seem relatively small, but Tony Robles of the Senior & Disability Action Housing Collaborative says installing grab bars can go a long way toward preventing falls, a leading cause of injury deaths for people older than 65.

In SROs, “there’s a lot of folks who have mobility problems,” Robles explains. “Many are disabled, or elders.” He said knows an elderly woman living in an SRO who recently fell and now faces hip surgery.

“This legislation is about safety, and it’s about quality of life,” Robles said. “It’s not just affluent folks who deserve to live in reasonably habitable conditions.”

Last June, advocates with Senior Action Network and several SRO collaboratives published detailed findings [PDF] from an in-depth survey of 151 SRO residents living in Chinatown, the Mission, SoMa and the Tenderloin. Most respondents were older than 55, and 62 percent identified as having a disability.

The in-depth study found that safety issues topped the list of residents’ concerns. Many respondents said they feared falling on the stairs or in the shower, and less than half reported having grab bars in their bathrooms.

The legislation, which was co-sponsored by Supervisors Jane Kim, David Campos and David Chiu, would also require SRO operators to install working phone jacks in residents’ rooms, which can be critical for tenants who need a way to communicate in case of an emergency.

According to the study findings, these low-income tenants face a host of other issues too:

“About one-third or more of survey respondents said their hotel had a problem with bedbugs, other infestations, visitor policy violations, electrical problems, unsanitary bathrooms, and harassment/ disrespect. One-fifth of respondents also cited problems with heat, plumbing, personal safety, fire safety, and maintenance and repairs. 
More than half (53%) had no access to a kitchen in their building, and 18% of respondents said they skip meals due to lack of resources or facilities.”

San Francisco has more than 500 residential hotels, according to city records, with more than 19,000 units. An estimated 8,000 seniors and adults with disabilities live in SROs.

Robles remarked that it took courage for the SRO residents to speak up in hopes of improving their living conditions. “Tenants in theses SROs oftentimes are intimidated to say anything,” he said. “Some folks might have feared reprisal.”

Developer hypes art; screws artists

It’s late afternoon in Building 101 of the Hunters Point Shipyard artists’ colony, and Richard Bolingbroke has his forehead in his hands. The studio complex, which began as a squat in the 1970s, has been an artists’ sanctuary for decades, drawing flocks of curious visitors and housing internationally acclaimed residents. Bolingbroke has been there 17 years. “It’s like a sacred space,” he says.

But now, he and 15 other artists have been snagged in a minor wrinkle of the massive Hunters Point Shipyard redevelopment project—and they’re being told they’ll have to vacate. 

Lennar, the project developer, is using the artists’ presence as a selling point to market homes in the new neighborhood. Billboards touting art line the entrance to the site, where construction is expected to begin soon.

Lennar is obligated to relocate Eclectic Cookery, a commercial kitchen housed in a different shipyard building that’s slated for demolition. Under a scheme that caught many by surprise, the developer intends to demolish artist studios in one wing of Building 101 to make way for the kitchen.

Representatives of Lennar, the project developer, said at a Jan. 23 meeting that displacing 16 of the 150 artists now situated in Building 101 is the only workable solution.

Iconic poet and painter Lawrence Ferlinghetti has a studio there. He won’t be impacted, but he emailed fellow artists expressing disapproval. “As a 32-year resident in Building 101, I am shocked by the way the city and Lennar are evidently willing to break their promise that 101 will be maintained solely as artists’ studios,” he wrote. “Allowing any commercial business to move into 101 opens the flood-gates to further evictions of artists. I hope this is not really the city’s long-range plan!”

The artists have been promised temporary spaces with subsidized rent, and eventual accommodations in newly constructed studios. But their rents are expected to increase in the long term. Beyond their tenancies, the move would trigger a permanent loss of affordable, highly sought-after studio space in Building 101.

Some have had studios in the World-War-II era complex for more than two decades, allowing them to continue practicing their craft in ever-pricier San Francisco.

“If I don’t leave this space, my rent won’t change,” said Travis Somerville, who was preparing for a show at the Crocker Art Museum when the Guardian stopped by his studio. Somerville has been there since 1989, and he’s dedicated himself to making art full-time. Lennar’s proposed arrangement “would not only force me off the shipyard,” he said. “It would force me out of San Francisco.”

At the Jan. 23 meeting, Lennar joined representatives of the San Francisco Redevelopment Agency in hashing out the unpopular plan.

Company representative Jack Robertson broke it down in economic terms. “We’re a profit-motivated company here,” he said. “The city negotiated, very shrewdly, to require us to spend a whole lot of money up front for a whole bunch of community benefits. … We’re not getting anything out of that at all. And we’re not trying to. What we’re trying to do is make it work.”

Stacey Carter, an artist whose work is on display in Sup. Malia Cohen’s City Hall office, alerted Cohen to the issue, since her district includes the shipyard.

“The artists have been at the table, in the discussions, for a very long time. They’re an asset to the community,” Cohen told the Guardian. “We have been in touch with them, and my staff is very aware of their concerns.”

The multi-billion dollar redevelopment project will transform the landscape with 20,000 new homes, parking, and shopping amenities. It’s being financed in part with a $1.7 billion loan from a Chinese bank. Plans to accommodate the artists and the kitchen have been in the works for years, but Lennar realized only recently that its original plan for relocating Eclectic Cookery was unrealistic.

Scott Madison, who runs the commercial kitchen, is a longtime ally of the artists. He serves small businesses that can’t afford their own industrial kitchens, such as a client who cranks out 1,200 empanadas a day.

“We really want to stay on the shipyard,” Madison told the Guardian. “It has been known for a good many years now that Eclectic Cookery would likely need to be relocated. But it seems to be the nature of Lennar’s process that they don’t consider something until it’s right in front of their face.”

When Lennar first approached him about Building 101, Madison said, “We told them that this was not our first choice, because we definitely did not want to [cause] anybody to lose their studio.”

Lennar has indicated that any other option would either be too costly, or would disrupt the construction schedule. Delays translate to lower profitability.

Bolingbroke views the whole snafu as a culture clash between businesspeople and artists, and links it to a broader problem facing San Francisco. “It’s a bit like a tree,” he said. “Artists are like the roots. You can’t see them — but if you cut the roots off, the tree will wither and die.”

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THURSDAY 31

Saluting Bradley Manning: Book event with Daniel Ellsberg

First Congregational Church of Berkeley, 2345 Channing, Berk. (510) 967-4495, tinyurl.com/salute-BM. 7:30-9:30pm, $12 advance, $15 door. Hosted by KPFA Radio, this book event features appearances by renowned whistleblower Daniel Ellsberg, his wife Patricia, and Kevin Gosztola, co-author of Truth and Consequences: The US vs. Bradley Manning. Learn the story of whistle-blower Bradley Manning, the Army private accused of leaking classified information to Wikileaks. Tickets may be purchased in advance at Pegasus Books, Marcus Books, Mrs. Dalloway’s, Moe’s Books, Walden Pond, DIESEL, A Bookstore, and Modern Times.

Spaghetti dinner for the 99 percent

Unitarian Universalist Center, 1187 Franklin, SF. (415) 595-7306, www.sf99percent.org. 6pm, $20 general, $10 students & seniors. A fundraiser for foreclosure fighters! Featuring political satirist Will Durst, plus speakers from Alliance of Californians for Community Empowerment, Occupy Bernal and Occupy Noe. 8pm screening of HEIST: Who Stole the American Dream? Followed by Q&A with co-producer Don Goldmacher. Benefits educational projects of Unitarian-Universalists for Peace-SF and the SF 99% Coalition.

FRIDAY 1

Protest: Don’t frack our public wildlands

Federal building, 450 Golden Gate, SF. (415) 436-9682, www.biologicaldiversity.org. Noon-1:30pm, free. Fracking is a dangerous drilling technique that could impact air quality and pollute waterways. The federal Bureau of Land Management (BLM) is auctioning of rights to drill and frack California wildlands. Join the Center for Biological Diversity in showing the BLM that Californians oppose this harmful practice.

SATURDAY 2

Panel discussion: rethinking juvenile justice

Congregation Sherith Israel, 2266 California, SF. (415) 346-1720 x24, edrucker@sherithisrael.org. 12:30pm, free. Reservations required. Join representatives from SF’s juvenile justice community for Kiddush, lunch, and a panel discussion on breaking the cycle of incarceration for young offenders. Participants include SF Superior Court Judge Jeffrey Ross; USF Professor Kimberly Richman;Center on Juvenile & Criminal Justice Executive Director Dan Macallair; Huckleberry Youth Programs Executive Director Bruce Fisher; Director of Juvenile Justice Programs at Huckleberry Denise Coleman; Director Huckleberry Community Assessment and Referral Center Gavin O’Neill; Former Youth Offender and Community Activist Felix Lucero.

Oakland Debtors’ Assembly

Eastside Arts Alliance, 2277 International, Oakl. (415) 568-6037, www.strike-debt-bay-area.tumblr.com. 2-4:30pm, free. Join this teach-in hosted by Strike Debt Bay Area and begin to rethink debt — not as an issue of individual shame, but as a political platform for collective resistance and action. Learn about debt resistance, share resources and skills, and join others in imagining and creating a world based on the common good, not Wall Street profits.

Condo conversion legislation on hold for now

Following a contentious five-hour hearing, a committee of the Board of Supervisors postponed voting on a controversial housing proposal, and agreed to revisit the issue on Feb. 25. Over the next few weeks, opposing sides are expected to negotiate a possible alternative.

Authored by Sups. Scott Wiener and Mark Farrell, the proposed condo conversion impact fee would have allowed as many as 2,000 tenancy-in-common (TIC) units to be immediately converted to condos for a fee, allowing owners to bypass a housing lottery system that places an annual cap on conversions.

While TIC owners voiced frustration about the backlogged lottery system, tenants expressed fears that the legislation could give rise to a wave of Ellis Act evictions if landlords or speculators interpreted it as a signal that lucrative condo conversion would be easier to achieve.

Prior to the hearing, a group of tenants gathered in front of City Hall in a show of opposition to the condo-conversion legislation, waving signs that read, “Stop the Attack on Rent Control.”

“The reality is, if this legislation passes, there will be more evictions in San Francisco,” said Tommi Avicolli Mecca of the Housing Rights Committee, who spoke at the rally.

Tenant advocates worry that the legislation would result in a permanent loss of affordable, rent-controlled units from the city’s housing stock, at a time when rents are soaring. When landlords rent out their condos or TICs in San Francisco, there’s a key difference: TICs are covered by rent control, but condos are exempt.

“I’ve been evicted three times,” one woman said while addressing members of the Land Use & Economic Development Committee. “I know so many people who have gotten evicted. I don’t know anyone who’s won their case against eviction.”

During the hearing, Farrell adopted a defensive tone against critics who’d described the proposal as an attack on rent control. “The tactics that these opponents have deployed is out of line,” he said. To assuage concerns, he noted that he and Wiener had included a provision guaranteeing lifetime leases for existing tenants in units that qualified for condo conversion under the program.

But Sup. Jane Kim drilled down on this detail, questioning whether such an agreement would be legally enforceable in the long run. In response, a representative from the City Attorney’s office said he thought the provision was on solid legal ground, but noted that the specific matter “has not been litigated before,” meaning there is still a question as to whether it could withstand a court challenge. When Kim asked if any funding was set aside to enforce these lifetime leases, the response was “no.”

Board President David Chiu proposed holding off on a vote for several weeks. “I do not support the legislation in its current form,” he said. If the current generation of TIC owners were allowed to convert this time, he explained, the next generation’s frustrations with the housing lottery would only “lead us back to an identical debate in a short period of time.”

Kim echoed this point. “My concern was that … folks were looking at this legislation as an ice-break for more condo conversion,” she said just after a public comment session that lasted several hours. And she acknowledged that there is a larger problem to consider. “It’s very tragic that we have set up a situation where [TICs and renters] are pitted against one another,” she said.

Roe v. Wade anniversary inspires flash mob, pro-choice rally, and pro-life march in SF

Remember when a dance revolution broke out in Justin Herman Plaza during Occupy San Francisco? This coming Saturday, the same choreographers behind that flash mob for economic justice plan to reignite the public square, this time with a flash mob organized in collaboration with the Silver Ribbon Campaign to commemorate the 40th Anniversary of Roe v. Wade.

“Roe v. Wade is an invitation to really celebrate women, women’s rights and women’s reproductive rights,” says Magalie Bonneau-Marcil, director of Oakland nonprofit Dancing without Borders, who will direct the Jan. 26 flash mob. She expects between 400 and 500 dancers to descend upon the plaza.

The performance is part of a larger event, Women Life & Liberty, organized to commemorate the landmark Supreme Court decision that made abortion legal in the United States. The Trust Women Silver Ribbon Campaign is organizing the free celebration in tandem with the National Organization for Women and a coalition of more than 20 local partners.

“Our sense was, it’s an opportunity to claim and reclaim, and revive our activism around the issues that this event is about,” Silver Ribbon Campaign Director Ellen Shaffer told the Guardian. The rally is part of a national effort that has also launched an “online march” for reproductive rights.

Birth control champion Sandra Fluke, who became the center of a firestorm after being lambasted by Rush Limbaugh for testifying before Congress on the need for access to birth control, will speak at the rally.  Other speakers will include filmmaker and Webby Awards Founder Tiffany Shlain, and San Francisco Supes Malia Cohen, David Campos, David Chiu and Eric Mar, who joined the board in adopting a December resolution commemorating the 40th anniversary of Roe v. Wade.

Meanwhile, an international campaign to end violence against women will also play a role in this weekend’s events. Upon returning to the Bay Area after a dance festival in Europe, Bonneau-Marcil says she saw Eve Ensler’s music video promoting VDay’s 1 Billion Rising Campaign, created to spark a global movement to end violence against women. “I was so moved,” she says.

Inspired, she began making preparations for the Jan. 26 performance and an upcoming Feb. 14 flash mob, to be staged in front of San Francisco City Hall in league with VDay’s global movement.

With recent outrage fueled by the rape and fatal attack in India, the public performances are timely. Bonneau-Marcil describes the public dance gatherings as a way for participants to “share a prayer to create a world free of violence and sexual oppression.” 

But there’s likely to be drama, as the Women Life & Liberty celebration is one of two dueling events. Walk for Life West, essentially the polar opposite of the Trust Women Silver Ribbon Campaign, is being spearheaded by San Francisco pro-lifers Dolores Meehan and Eva Muntean. Now in its ninth year, the annual event will bring hordes of anti-abortion activists to San Francisco, wielding dead fetus photos. They’ll travel from as far away as Nevada, Canada and “all over the Midwest,” according to Muntean. “We have 200 buses coming from all over the West Coast,” she said.

The anti-abortion rally will feature speakers such as Rev. Clenard Childress, who has built a career out of telling right wing Christians that the pro-choice movement is racist. (Seems Childress also spends his spare time penning inflammatory columns suggesting that acceptance of LGBT rights is “a sign of the end times.”)

The pro-life rally will converge at Civic Center Plaza and progress to – where else? – Justin Herman Plaza. There, according to the event page, revelers from the transformative flash mob may still be celebrating. Expect an awkward buzz kill.

This being San Francisco, plans are already being hatched to counter-protest the anti-abortion event. (Muntean emphasized that Walk for Life West should not be interpreted as counter-protest to the Women Life & Liberty event, by the way.)

Stop Patriarchy, made of up activists who are pro-choice, anti-Democratic party, and even anti-pornography since they deem it to be part of the war on women, plans to stage “boisterous and confrontational political protests throughout the week, taking on the Pro-Lifers who will be in San Francisco,” according to a press release. They’ll be there counter-protesting the Walk for Life with banners and signs declaring, “Abortion On Demand and Without Apology!”

Bonneau-Marcil, the flash mob director, says she’s trying to stay out of any back-and-forth that may come from warring factions. “We’re not pointing fingers,” she says. Instead, she’s on a mission to help dancers move in harmony to “access a place where, it’s not about opinions. It’s just about remembering who we are as human beings.”

The Women, Life & Liberty rally will be held at Justin Herman Plaza from 10 a.m. to noon. The Dancing Without Borders flash mob performance will take place at 11:30. Anyone can join the flash mob after attending two rehearsals: more info here. The Walk for Life West rally will converge at 12:30 at Civic Center Plaza and begin the procession to Justin Herman at 1:30. More info here, here and here.

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THURSDAY 24

Forum: What’s Next for Progressives

Unitarian-Universalist Center, 1187 Franklin, SF. tinyurl.com/pdasf-prog. 7-9pm, free. “Why wait years to challenge the rightward momentum coming from the top of the Democratic Party?” Author and activist Norman Solomon writes in a recent essay. “There is no better time to proceed … than right now.” At this public forum sponsored by the San Francisco chapter of Progressive Democrats of America, Solomon will join panelists Karen Bernal, chair of the Progressive Caucus of the California Democratic Party, and Jodi Reid, executive director of the California Alliance for Retired Americans, in an exchange of ideas for advancing progressive ideals in national politics.

MONDAY 28

Rally to Stop Attack on Rent Control City Hall, 1 Dr. Carlton B. Goodlett, SF. tinyurl.com/for-tenants. 12pm, free. Join housing activists for a rally on the steps of City Hall to fend off proposed legislation that could result in an increase in tenant evictions to make way for condominiums. After the rally, make your voice heard at a public hearing of the Board of Supes Land Use Committee at 1 p.m.

MONDAY 28

Benefit for Strike Debt Roxie Theatre 3117 16th St., SF. tinyurl.com/no-debtBA. 7:30-9:30pm, $10. “You Are Not A Loan” is a fundraiser for Strike Debt Bay Area, a regional chapter of the Occupy Wall Street-affiliated Strike Debt, created to “foster resistance to all forms of debt imposed on us by the banks.” Featuring performances by the legendary Jello Biafra, comedians Sean Keane, Kevin O’Shea and others; drag star Lil’ Miss Hot Mess, and more.

SATURDAY 26

Roe v Wade: 40th Anniversary Celebration Justin Herman Plaza, SF. 10am-noon, free. Join this community celebration for women’s rights. Featuring appearances by Dancing without Borders’ One Billion Rising Dance Flash mob, balloon twisters, airbrush tattoos, a facepainter, Bubble artist Sterling the Bubblesmith, live music by Trapdoor Social, pro-choice banners and speeches by legal abortion pioneer Pat Maginnis and other community advocates. Silver Ribbon to Trust Women coalition.

Surfing to shoot

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rebecca@sfbg.com

Somewhere in rural Southern California, a Craigslist user is offering a Hi-Point 9mm carbine, a kind of semi-automatic rifle, for “straight trade” in exchange for a quad or dirt bike. A post from Craigslist in San Mateo screams “i NEED AMMO” — in bulk, for various kinds of rifles. And across the state, Craigslist ads for Glocks, Berettas and other handguns commonly turn up in the mix, often instructing prospective buyers to respond by text message only.

Selling guns is explicitly prohibited on the world-famous website with the signature purple peace sign. Firearms, ammunition, and less-lethal weapons hover near the top of Craigslist’s prohibited items roster — but a cursory search reveals dozens of firearms-related ads in various US cities. Meanwhile, the San Francisco-based classifieds forum is just one of thousands of websites where people who want to obtain guns can make discreet connections with private sellers.

Gun listings on the Internet make it extremely easy for people to buy firearms with the click of a mouse and no questions asked. But in many cases, this activity is perfectly legal, website terms-of-service notwithstanding.

Federally licensed firearms dealers are obligated by law to conduct background checks on all buyers, whether they’re selling at a gun show or online. But that’s not the case for unlicensed individuals who aren’t officially in the business of dealing weapons. And these private transactions — which are increasingly initiated online — account for an estimated 40 percent of U.S. gun sales, according to estimates by the U.S. Department of Justice.

Under federal law, there’s nothing barring an unlicensed individual from advertising a gun for sale online and then selling the weapon to a person living in the same state without the involvement of a licensed dealer. California law does go further to require the involvement of a licensed dealer in firearms sales, but the proliferation of Internet ads shows how difficult that is to regulate.

As long as the seller isn’t knowingly selling to someone who’s prohibited from gun ownership due to a violent criminal conviction or some other reason, federal law imposes no obligation to perform a background check for in-state transfers. This leniency, combined with the unprecedented availability of weapons online, is a focal point for legislative reform efforts.

FROM CRAIGSLIST TO ARMSLIST

The Guardian recently heard from a distraught Craigslist user from Illinois who’d launched a one-person crusade against a persistent string of gun ads posted in his hometown. “It’s an anything goes, no-holds-barred, 24/7 gun show,” he charged, adding that he’d flagged posts for AK-47s, AR-15s, high-capacity magazines, and other combat-style weapons listings for removal.

He spoke on condition of anonymity for fear of retribution. “The gun crowd outnumbers other folks around here,” he explained, and forwarded some profanity-laden responses he’d received after calling attention to the issue in an online forum and urging other community members to help him flag the posts.

Craigslist staff members were responsive to emails alerting them of the posts, he said, but the measures they took weren’t always effective. Ads were removed a few days after being flagged, but many just cropped up again later. Online chatter suggests that sellers remain undeterred. “The liberal whiners flag the ads, then you just repost it,” one user advised in an online message board.

In 2011, New York City authorities conducted an in-depth, undercover investigation of online gun sales. In 45 days, they discovered 1,792 unique Craigslist posts advertising guns in 49 states. In that time, just 584 — about 33 percent — were flagged for removal, investigators reported.

Susan Best, a press contact at Craigslist, didn’t respond to several Guardian queries seeking information about how the company is handling the issue of unpermitted gun postings.

Despite the Illinois crusader’s sense of futility, some private gun dealers have migrated away from Craigslist after experiencing pushback from community members who consistently flag the unpermitted posts. The number of gun listings on Craigslist barely registers in comparison with the thousands of weapons readily available on ArmsList.com, a site created to make it easy to shop for guns online.

ArmsList was started in 2009 “by gun owning and gun loving Americans,” according to the website, “after seeing firsthand how the popular marketplace sites on the Internet shun firearms.” Anyone casually browsing ArmsList gun ads can view phone numbers and emails of sellers without creating an account, and the website does not get involved in sales.

Disturbingly, the New York City investigation found that more than half of the private gun dealers contacted via ArmsList said they’d be willing to sell to buyers who said they couldn’t pass a background check. That’s illegal, but there isn’t much currently in place to prevent it from happening.

PRIVATE-SALE LOOPHOLE

Under California law, an unlicensed individual can sell a gun to another individual if both seller and buyer go through a fully licensed dealer, known as a Federal Firearms Licensee (FFL). The FFL files paperwork for a background check, and releases the weapon only after the buyer’s name has cleared and a mandatory 10-day waiting period has passed.

“Bottom line: If you want to sell a firearm, you need to go through a licensed dealer,” says Michelle Gregory, a spokesperson for the California Department of Justice. “Even if they’re advertising online, they’ve still got to go through it.”

California’s rules are some of the strictest in the nation because lawmakers closed the “private-sale loophole” that exists under federal law, says Ben Van Houten, managing attorney at the San Francisco-based Law Center to Prevent Gun Violence. The loophole, also known as the “gun show loophole,” refers to the federal law provision allowing in-state transfers of firearms between private individuals without FFL involvement.

“The issue of online gun sales is most dangerous in states that have not closed the private-sale loophole,” Van Houten says. “It’s easy to find people you can buy a gun from, without having to pass a background check.”

REFORMS ON THE HORIZON

Closing the private-sale loophole is a key piece of a broader gun-law reform agenda unveiled by President Barack Obama Jan. 16. The Law Center to Prevent Gun Violence applauded the move. “Obama’s commitment today — to support federal legislation to fix our background check system and to ban military-style assault weapons and large capacity ammunition magazines — confirms that we are at a historic moment,” the organization noted.

The state of New York recently passed gun laws that surpass even California controls, Van Houten noted, because new safeguards were enacted to regulate ammunition sales. In California, several legislative efforts have sought to tighten ammo sales, which are currently unrestricted, but none have been enacted into law.

On the federal level, US Sen. Dianne Feinstein has also introduced legislation to ban high-capacity magazine clips, which can quickly feed 30 rounds of ammo into a rifle. As the Obama Administration advances its gun-law reform agenda, Bay Area residents have also been stirred to action.

San Francisco celebrity Craig Newmark, who founded Craigslist in the mid-1990s and isn’t involved in its day-to-day operations, recently urged his followers to support an effort to prevent gun violence.

“One month after the tragic mass shooting at Sandy Hook Elementary School, a group of Newtown, Connecticut citizens have organized to honor the lives lost by unveiling a national grassroots initiative committed to preventing similar tragedies,” announced a Jan. 14 post on Newmark’s website, CraigConnects. “The initiative’s a nonprofit called Sandy Hook Promise,” and it’s “asking folks across the country to make a promise to encourage and support common sense solutions. We must get all of America to sign the Sandy Hook Promise.”

State regulators respond to Hyatt on repetitive motion injuries

The Guardian received a phone call from Amy Martin, chief counsel of the California Occupational Safety & Health Administration (Cal/OSHA) this morning in response to our article spotlighting Cal/OSHA’s recent settlement with Hyatt Fisherman’s Wharf. The settlement marked the final resolution of a set of housekeeper complaints filed in 2010 regarding repetitive motion injuries.  

Martin commented in response to statements made on behalf of Hyatt by spokesperson Pete Hillan, who told the Guardian that “what was found at Fisherman’s Wharf was the equivalent of lagging paperwork,” and stressed that the charges filed against Hyatt were found to be without merit.

“Cal/OSHA believes it found plenty of evidence both of injuries sustained by housekeepers, as well as violations of Cal/OSHA regulations,” Martin said. “It is technically true that [citations] were withdrawn,” she added, but that was the outcome of an in-depth settlement negotiation in which Hyatt agreed that the findings would be construed as a violation under the Injury Illness and Prevention Standard, a separate area of workplace safety regulations.

“To say that it’s lagging paperwork is simplifying it,” added Erika Monterroza, a Cal/OSHA spokesperson who joined the call.

In other Hyatt-related news, don’t miss Caitlin Donohue’s post about why some members of the yoga community are calling on attendees of the Yoga Journal conference to decide which side of the picket line they’re on. (All of which seems strangely ironic when you consider how yoga is often viewed as a remedy for repetitive motion injuries.)

Hyatt agrees to job hazard analysis in settlement

Nenita Ibe, who will turn 71 in February, says she still hasn’t fully recovered from a shoulder injury she sustained in March of 2009 during her housekeeping shift at the Hyatt Santa Clara. As she was lifting up a hefty padded mattress to tuck the sheets underneath, a task she’d completed hundreds of times before and continued to perform hundreds of times after, “I heard a crack in my shoulder,” she recalls.

Ibe says the pain worsened over time as she continued performing her housekeeping duties – tucking sheet corners, pushing heavy carts, standing on the sides of bathtubs or on top of toilet lids to clean overhead bathroom tiles, crouching down to pick up discarded towels or disinfect floors. In June of 2012, she underwent surgery to alleviate the chronic shoulder pain. “It feels better,” she told the Guardian, “but I feel pain when I have to use it too much.” She’s now following doctor’s orders to refrain from working, and relies on disability coverage to help make ends meet. Ibe says her workers’ compensation claim has yet to be resolved.

Repetitive motion injuries have been a flashpoint for UNITE HERE Local 2, a hotel workers’ union that helped kick off a campaign calling for a global boycott against the Hyatt hotel chain last summer. Several weeks ago, the Hyatt Fisherman’s Wharf reached a settlement with California’s Occupational Safety and Health Administration (Cal/OSHA) resolving a set of citations, two of which pertained to repetitive motion injuries.

Local 2 trumpeted the deal as a “landmark” agreement because it will establish an eight-member Housekeeping Committee tasked with identifying best practices to prevent exposure to such injuries. Hyatt Fisherman’s Wharf isn’t unionized, but Local 2 has been trying to facilitate union formation at that facility.

“It’s not an exaggeration to say that this is unprecedented,” Local 2 spokesperson Julia Wong told the Guardian. Half the committee will be made up of non-management housekeepers selected by their coworkers, she added. “It’s an incredible opportunity because it’s a requirement that housekeepers themselves have a voice in how these best practices are developed.”

“I’m happy about the news,” Ibe said. “They should listen to the experienced room cleaners.”

The settlement stemmed from a set of citations issued by Cal/OSHA in November of 2011, following a regulatory investigation launched in response to worker complaints filed one year earlier. Regulators initially pinned Hyatt with two “serious” violations relating to ergonomic issues: A failure to minimize exposure to housekeeper repetitive motion injuries, and a failure to conduct mandatory training to warn workers about ergonomic health problems. Hyatt immediately appealed the citations.

The appeal process ended in December, when Hyatt Fisherman’s Wharf agreed to the settlement with Cal/OSHA, pledging to convene the Housekeepers Committee and perform a job hazard analysis with the guidance of a certified health professional, among other things. The Hyatt Fisherman’s Wharf will pay a $6,460 fine, and Cal/OSHA withdrew the serious ergonomic citations as part of the agreement.

Hyatt spokesperson Pete Hillan emphasized that “there was no evidence found” backing up initial ergonomic charges filed against Hyatt Fisherman’s Wharf, and criticized the hotel workers’ union for wasting taxpayer dollars by calling on state regulators to investigate. “What was found at Fisherman’s Wharf was the equivalent of lagging paperwork,” Hillan said. He insisted, “Hyatt is a very safe place to work.”

Local 2 represents hotel workers at the Grand Hyatt and Hyatt Regency in San Francisco. Both of those remain under boycott, Wong said, “because the workers have been without a contract for three-and-a-half years now.”

Alerts

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THURSDAY 17

Refugee Hotel

Contemporary Jewish Museum, 736 Mission, SF. 6:30-8pm. Join photographer Jim Goldberg, photographer Gabriele Stabile, and journalist Juliet Linderman for a discussion about Refugee Hotel, a collection of photography and interviews documenting the arrival of refugees to the United States. Hosted by Voice of Witness, a nonprofit book series published by McSweeney’s Books that illuminates contemporary human rights issues. Free before 5pm; admission is $5 after. Advance tickets encouraged. info@thecjm.org; 415.655.7881. If you can’t make the Thursday event, consider dropping by Gallery Carte Blanche (973 Valencia St, SF) Friday/18 at 6 pm, when Voice of Witness will host a talk and book signing for Refugee Hotel, followed by a reception.

 

SATURDAY 19

Protest Citizens United at Chevron Refinery

March departs Richmond BART station at noon; rally at Chevron Gate 14 (corner of Castro and Chevron Way), 1pm, Richmond. Chevron is widely known in these parts for letting loose a toxic plume of smoke that blackened skies last year when the refinery caught fire. What you may not have heard is that the oil behemoth also bears the distinction of being the single-largest contributor to a so-called Super PAC (for the GOP, naturally) since the Citizens United decision. On the third anniversary of the Supreme Court’s notorious ruling, which opened the floodgates to skyrocketing corporate contributions to political campaigns, activists are planning a march and rally outside the Chevron Oil Refinery. Live music from the Brass Liberation Orchestra will accompany the 2.5-mile walk, local activists and community leaders will speak at the rally.

 

MONDAY 21

Fracking in California

Gazebo Room, CPMC Davies Campus, 45 Castro Street, SF. 7-9 p.m. Fracking, or hydraulic fracturing, is an environmentally damaging oil and gas–drilling technique that involves injecting high volumes of pressurized water, sand and toxic chemicals deep into the earth. It’s already taking place in nine California counties, according the Center for Biological Diversity. TransitionSF will host a free presentation on fracking with speakers Rose Braz, Climate Campaign Director of the Center for Biological Diversity; and Adam Scow, California Campaigns Director for Food & Water Watch. The talk will cover the environmental effects of fracking and offer ideas on how environmentalists can take action against it. Free.

 

Spies on the corner

23

rebecca@sfbg.com

In the Netherlands city of Eindhoven, the streetlights lining a central commercial strip will glow red if a storm is coming. It’s a subtle cue that harkens back to an old phrase about a red sky warning mariners that bad weather is on the way. The automated color change is possible because satellite weather data flows over a network to tiny processors installed inside the lampposts, which are linked by an integrated wireless system.

Lighting hues reflecting atmospheric changes are only the beginning of myriad functions these so-called “smart streetlights” can perform. Each light has something akin to a smartphone embedded inside of it, and the interconnected network of lights can be controlled by a central command center.

Since they have built-in flexibility for multiple adaptations, the systems can be programmed to serve a wide variety of purposes. Aside from merely illuminating public space, possible uses could include street surveillance with tiny cameras, monitoring pedestrian or vehicle traffic, or issuing emergency broadcasts via internal speaker systems.

The smart streetlights aren’t just streetlights — they’re data collection devices that have the potential to track anything from pedestrian movements to vehicle license plate numbers. And, through a curious process distinctly lacking in transparency, these spylights are on their way to San Francisco.

BIG PLANS

On Minna between Fourth and Sixth streets in downtown San Francisco, the San Francisco Public Utilities Commission has installed a pilot project to test 14 streetlights that are connected by a wireless control system. The city agency plans to gauge how well this system can remotely read city-owned electric meters, wirelessly transmit data from tiny traffic cameras owned by the Municipal Transportation Agency, and transmit data from traffic signals.

The pilot grew out of San Francisco’s participation in an international program called the Living Labs Global Award, an annual contest that pairs technology vendors with officials representing 22 cities from around the world. At a May 2012 LLGA awards summit in Rio de Janeiro, far outside the scope of the city’s normal bidding processes, a Swiss company called Paradox Engineering won the right to start testing the high-tech lights in San Francisco. Within six months, Paradox Engineering and the SFPUC had the Minna streetlights test up and running.

Meanwhile, the city has issued a separate Request for Proposals for a similar pilot, which will test out “adaptive lighting” that can be dimmed or brightened in response to sensors that register pedestrian activity or traffic volume. The city is negotiating contracts with five firms that will test out this technology in three different locations, according to Mary Tienken, Project Manager for LED Streetlight Conversion Project for the SFPUC.

Under the program, five vendors will be chosen to demonstrate their wireless streetlights on 18 city-owned lights at three test sites: Washington Street between Lyon and Maple streets; Irving Street between 9th and 19th avenues; and Pine Street between Front and Stockton streets.

LED streetlights are energy-efficient and could yield big savings — but the lights do far more than shine. The RFP indicates that “future needs for the secure wireless transmission of data throughout the city” could include traffic monitoring, street surveillance, gunshot monitoring and street parking monitoring devices.

So far, the implications of using this technology for such wide-ranging objectives have barely been explored. “San Francisco thought they were upgrading their 18,000 lamps with LEDs and a wireless control system, when they realized that they were in fact laying the groundwork for the future intelligent public space,” LLGA cofounder Sascha Haselmeyer stated in an interview with Open Source Cities. “Eindhoven is pioneering this with … completely new, intelligent lighting concepts that adapt to the citizen not just as a utility, but a cultural and ambient experience. So many questions remain,” he added, and offered a key starting point: “Who owns all that data?”

LUMINARIES IN LIGHTING

Phillips Lighting, which was involved in installing the Eindhoven smart streetlights system, played a role in launching the San Francisco pilot. Paradox Engineering recently opened a local office. Oracle, a Silicon Valley tech giant, is also involved — even though it’s not a lighting company.

“Oracle, of course, manages data,” Haselmeyer explained to the Guardian when reached by phone in his Barcelona office. “They were the first to say, ‘We need to understand how data collected from lampposts will be controlled in the city.'”

According to a press release issued by Paradox Engineering, “Oracle will help managing and analyzing data coming from this ground-breaking system.” Oracle is also a corporate sponsor of the LLGA program. It has been tangentially involved in the pilot project “because of a longstanding relationship we had with the city of San Francisco,” Oracle spokesperson Scott Frendt told us.

Paradox was selected as the winner for San Francisco’s “sustainability challenge” through LLGA, which is now housed under CityMart.com, “a technology start-up offering a professional networking and market exchange platform,” according to the company website.

In May of 2012, the SFPUC sent one of its top-ranking officials, Assistant General Manager Barbara Hale, to Rio for the LLGA awards summit. There, technology vendors of all stripes showcased their products and mingled with local officials from Barcelona, Cape Town, Glasgow, Fukuoka and other international cities. San Francisco was the only US city in attendance. San Francisco will even host the next summit this coming May at Fort Mason.

In Rio, Paradox was lauded as the winning vendor for San Francisco’s LLGA streetlights “challenge.” It didn’t take long for the company to hit the ground running. “Soon after the Rio Summit on Service Innovation in Cities, where we were announced winners for San Francisco, we started discussing with the SFPUC the objectives and features of the pilot project,” Paradox announced on the LLGA website. “Working closely with the SFPUC, we also had the opportunity to build solid partnerships with notable industry players such as Philips Lighting and Oracle.”

WINNERS’ CIRCLE

On Nov. 15, Paradox hosted an invite-only “networking gala” titled “Smart Cities: The Making Of.” The event brought together representatives from Oracle, the SFPUC, Phillips, LLGA, and the Mayor’s Office of Civic Innovation, “to learn about the challenges of urban sustainability in the Internet of Things era,” according to an event announcement.

“The project we’re piloting with the SFPUC is highly innovative since it puts into practice the new paradigm of the ‘Internet of Things,’ where any object can be associated with an IP address and integrated into a wider network to transmit and receive relevant information,” Gianni Minetti, president and CEO at Paradox, stated in a press release.

The event was also meant to celebrate Paradox’s expansion into the North American urban lighting space, a feat that was greatly helped along by the LLGA endeavor. But how did a Swiss company manage to hook up with a San Francisco city agency in the first place — and win a deal without ever going through the normal procurement process?

San Francisco’s involvement in LLGA began with Chris Vein, who served as the city’s Chief Technology Officer under former Mayor Gavin Newsom. (Vein has since ascended to the federal government to serve as Deputy U.S. Chief Technology Officer for Government Innovation for President Barack Obama.)

To find the right fit for San Francisco’s wireless LED streetlights “challenge” under the LLGA program, a judging panel was convened to score more than 50 applicant submissions received through the program framework. Judges were selected “based upon knowledge and contacts of people in the SFPUC Power Enterprise,” Tienken explained. The scoring system, Haselmeyer said, measures sustainability under a rubric developed by the United Nations.

Jurists for San Francisco’s streetlight program were handpicked from the SFPUC, the San Francisco Department of Technology, Phillips, and several other organizations. An international jurist is designated by LLGA for each city’s panel of jurists, Haselmeyer said, “so as to avoid any kind of local stitch-up.”

He stressed that “the city is explicitly not committing to any procurement.” Instead, vendors agree to test out their technology in exchange for cities’ dedication of public space and other resources. Tienken, who manages the city’s LED Streetlight Conversion Project, noted that “Paradox Engineering is not supposed to make a profit” under the LLGA program guidelines. “We’ll pay them a $15,000 stipend,” she said, the same amount that will be awarded to the firms that are now in negotiation for pilot projects of their own.

“San Francisco is using this to learn about the solution,” Haselmeyer added. “This company will not have any advantage,” when it comes time to tap a vendor for the agency’s long-term goal of upgrading 18,500 of its existing streetlights with energy-saving LED lamps and installing a $2 million control system.

At the same time, the program clearly creates an inside track — and past LLGA participants have landed lucrative city contracts. Socrata, a Seattle-based company, was selected as a LLGA winner in 2011 and invited to run a pilot project before being tapped to power data.SFgov.org, the “next-generation, cloud-based San Francisco Open Data site” unveiled by Mayor Ed Lee’s office in March of 2012.

The mayor’s press release, which claimed that the system “underscores the Mayor’s commitment to providing state of the art access to information,” made no mention of LLGA.

PRIVACY AND PUBLIC SPACE

Throughout this process of attending an international summit in Rio, studying applications from more than 50 vendors, selecting Paradox as a winner, and later issuing an RFP, a very basic question has apparently gone unaddressed. Is a system of lighting fixtures that persistently collects data and beams it across invisible networks something San Franciscans really want to be installed in public space?

And, if these systems are ultimately used for street surveillance or traffic monitoring and constantly collecting data, who will have access to that information, and what will it be used for? Haselmeyer acknowledged that the implementation of such a system should move forward with transparency and a sensitivity to privacy implications.

“Many cities are deploying sensors that detect the Bluetooth signal of your mobile phone. So, they can basically track movements through the city,” Haselmeyer explained. “Like anything with technology, there’s a huge amount of opportunity and also a number of questions. … You have movement sensors, traffic sensors, or the color [of a light] might change” based on a behavior or condition. “There’s an issue about who can opt in, or opt out, of what.”

Tienken and Sheehan downplayed the RFP’s reference to “street surveillance” as a potential use of the wireless LED systems, and stressed that the pilot projects are only being used to study a narrow list of features. “The PUC’s interest is in creating an infrastructure that can be used by multiple agencies or entities … having a single system rather than have each department install its own system,” Tienken said. The SFPUC is getting the word out about the next batch of pilots by reaching out to police precinct captains and asking them to announce it in their newsletters, since “streetlighting is a public safety issue,” as Tienken put it.

Haselmeyer acknowledged that public input in such a program is important: “It’s very important to do these pilot projects, because it allows those community voices to be heard. In the end, the city has to say, look — is it really worth all of this, or do we just want to turn our lights on and off?”

LIGHTS, BUT NO SUNSHINE

One company that is particularly interested in San Francisco pilot is IntelliStreets, a Michigan firm that specializes in smart streetlights. IntelliStreets CEO Ron Harwood told the Guardian that his company was a contender for the pilot through LLGA; he even traveled to Rio and delivered a panel talk on urban lighting systems alongside Hale and a representative from Oracle.

A quick Google search for IntelliStreets shows that the company has attracted the attention of activists who are worried that these lighting products represent a kind of spy tool, and a spooky public monitoring system that would strip citizens of their right to privacy and bolster law enforcement activities.

“It’s not a listening device,” Harwood told the Guardian, when asked about speakers that would let operators communicate with pedestrians, and vice-versa. “So you can forget about the Fourth Amendment” issues.

Harwood seemed less concerned about the activists who’ve decried his product as a modern day manifestation of Big Brother, and more worried about why his company was not chosen to provide wireless LED streetlights in San Francisco. After being passed over in the LLGA process, Harwood said IntelliStreets responded to the RFP issued in the weeks following the Rio summit. Once again, Harwood’s firm didn’t make the cut.

Since his company provides very similar services to those described in the RFP, Harwood said he was “confused” by the outcome of the selection process. IntelliStreets’ Chief Administration Officer Michael Tardif was more direct. “Clearly we think this was an inside deal,” Tardif told the Guardian. Tienken, for her part, declined to discuss why San Francisco had rejected IntelliStreets’ application.

And when a public records request was submitted to the agency last August for details on San Francisco’s participation in LLGA, the response was opaque at best. “After a duly diligent search we find that there are no documents responsive to your request,” an SFPUC public records coordinator responded via email. “The San Francisco Public Utilities Commission is not a participant, nor is involved with Living Labs Global Award. Please know that we take our obligations under the Sunshine Ordinance very seriously.” That was just an honest mistake, Sheehan tells the Guardian now by way of explanation. In the public records division, “Clearly, nobody had any familiarity with LLGA.”

Welcome to San Francisco’s ‘Internet of Things’

In this week’s issue of the Guardian, we spotlight a pair of pilot projects that introduce a new technology to San Francisco.

Using converted streetlights that can do a lot more than just illuminate city blocks, the San Francisco Public Utilities Commission (SFPUC) ultimately hopes to link a variety of city operations and infrastructure into a centralized, digitally integrated network. Proponents have pronounced the initiative to be an exciting venture into an “Internet of Things” paradigm, in which services are organized around real-time data sharing.

With the pilot projects that are described in greater depth in this week’s issue, the SFPUC is testing clusters of energy-efficient LED streetlights that are linked via a wireless network. These “smart” streetlights will initially be used to remotely read city-owned electric meters, and to transmit data from previously installed Municipal Transportation Agency-owned traffic cameras.

The pilots will test how well the “smart” streetlights can manage tasks such as electric vehicle charging monitoring, MTA traffic signal data transmission, “adaptive lighting” that can respond to conditions, and other functions.

But according to a request for proposals (RFP) issued last June by the SFPUC to seek applications for one of these pilots, the list of uses could grow. “Future needs for the secure wireless transmission of data throughout the city,” the RFP states, may include “gunshot monitoring,” “street surveillance,” or “public information broadcasts.”

Marketing pitches from the companies that develop these systems and ancillary services provide an idea of the broader visions that are being presented to city governments. Here’s a promotional video by IntelliStreets, a firm that applied to test out its product with the SFPUC pilot program, showcasing internal cameras and speakers that a city could opt to add in as part of the package. The SFPUC rejected IntelliStreets’ application.

Phillips, a lighting company that is working with Paradox Engineering on a pilot that’s currently up and running in San Francisco, has some bright ideas for municipal use of “intelligent outdoor lighting systems.” And even Oracle has a plan for cash-strapped city governments that could use its tailored data-management platform in combination with “intelligent” infrastructure, according to the marketing brochure.

The use of “intelligent” digital systems for urban infrastructure still remains largely in the realm of big ideas. And so far, the city’s process of introducing this whole concept to the public has barely gotten underway. The SFPUC has initiated some outreach efforts  – via newsletters issued by local police captains  – in neighborhoods where dimmable “adaptive lighting” would be tested in the forthcoming pilot program.

Depending on whether the SFPUC decides to pursue a broader implementation of the integrated streetlights based on the results of the pilots, the potential exists for these digitally connected systems to be used for monitoring everything from street parking, to traffic flows, to activity on the street. This means a great deal of information could be gathered from public space in real time – and that raises a host of questions.

“Technology can be used for good and for ill,” points out American Civil Liberties Union (ACLU) Staff Attorney Linda Lye. It’s important to ask questions from the outset, she added, to avoid a scenario where “you have a government deploying new technology for one purpose, and using it for other purposes.”

Cheap rent: A thing of the past

Surfed Craigslist for an apartment lately? Then you don’t need us to tell you that rent in San Francisco is too damn high. But what are the broader implications of this becoming a city where median asking rent is above $3,000?

Here’s an example. Today, District 11 Sup. John Avalos shared a story with the Guardian about his arrival to San Francisco in 1989. He had $1,000 to his name, enough to cover rent and a security deposit. He landed a job that paid just $8 an hour, but that was no big deal, since he split the rent for his $675-per-month, two-bedroom apartment in the Haight with a friend.

Translate those 1989 figures to 2013 dollars, and the dramatic rent increases the city has experienced really come into focus. With inflation factored in, that same two-bedroom apartment would cost $1,253 per month today. Noticed any Craigslist ads for two-bedroom apartments in the Haight going for $1,253 lately? (If so, be careful. It’s probably a scam.) Rents for such units hover closer to $4,000 these days.

Avalos joined his colleagues on the Board of Supervisors in highlighting issues of affordability at Tuesday’s meeting. “San Francisco needs to do something specifically to measure how people, particularly those on the bottom rung, are getting by in San Francisco,” he commented just prior to the vote for board presidency.

District 9 Sup. David Campos echoed this sentiment. “I want a city that works, but I want a city that works for everyone,” Campos said. “We have to work collectively to make sure that happens … We have great wealth in the city, but many people are being pushed out.”

Despite settlement, Wells Fargo still in housing activists’ crosshairs

Federal regulators cut a deal with 10 major banks to “speed up housing relief,” major news outlets reported earlier this week – but to exactly no one’s surprise, the amount promised to struggling homeowners is a pittance compared with the overwhelming losses sustained during the foreclosure crisis. National consumer advocates criticized the deal as a lost opportunity to demand some accountability from Wall Street. In San Francisco, neighborhood activists with Occupy Bernal dismissed the agreement as falling short and vowed to continue campaigning against Wells Fargo, a primary mortgage lender based in San Francisco and one of the 10 financial institutions to sign on. 

The bank settlement replaced a mandatory, independent foreclosure review process that financial institutions were required to take on following revelations of widespread abuses, like robo-signing. Created to benefit homeowners who faced foreclosure in the wake of these shady lending practices, the program was ultimately chalked up as a failure for being too slow, costly and ineffective. Not only did it reach just a tiny fraction of those eligible to file claims, said Bruce Mirken of the Greenlining Institute, but “as of the end of the year, nobody had actually gotten any money.”

Instead of continuing down that fraught path, big lenders such as Bank of America, Wells Fargo, JPMorgan Chase and others agreed to shell out $8.5 billion to settle the claims. Under a process that remains far from clear, payments are supposed to be distributed among 3.8 million struggling households nationwide – some of whom went through foreclosure in 2009 and 2010, and others currently in danger of losing their homes.

Local housing activists were cynical. “Wells Fargo and the other big banks have agreed to paying principal reductions and affordable permanent loan modifications about 20 times. They haven’t done it yet, and they’re not going to do it unless we make ’em,” said Buck Bagot, a neighborhood activist who has been organizing around foreclosure issues with Occupy Bernal. In San Francisco alone, more than 1,200 foreclosed properties turned up in a quick search on Trulia.com – many listed at prices exceeding $500,000.

The situation is far worse in the East Bay. From 2006 to 2011, one out of every 14 Oakland households faced foreclosure and had their property reverted back to the bank, according to data compiled by the Urban Strategies Council, an Oakland-based nonprofit working on anti-poverty issues. East Oakland was hit hardest, with data visualizations showing between 165 and 409 properties per census tract that had reverted back to lenders in 2008. (You can view detailed geographic foreclosure data compiled by the Council here.)

“The amount of wealth that has been sucked out of communities is astonishing,” said Mirken, of the Greenlining Institute, a Berkeley-based research advocacy organization focused on economic justice. “It’s not at all clear that the $8.5 billion is at all in relation to the trillions in wealth that was drained from communities in the foreclosure crisis.” In California there are currently 208,435 foreclosed homes up for sale, according to data recently accessed on housing tracking site RealtyTrac, with average price listings of around $273,000. The amount that stands to be gained by selling off bank-owned properties exceeds the total settlement payout by many orders of magnitude. 

Mirken said he was glad the banks are promising at least some form of relief to struggling homeowners, even if it’s small potatoes. “I’m not dismissing this as nothing,” he said. “But it feels like the response has never matched the scale of the problem.”

Meanwhile, some nationwide consumer advocates blasted the deal. “The capped pool of cash payments is wholly inadequate in light of the scale of the harm,” said Alys Cohen, staff attorney for the National Consumer Law Center. “If the reviews had been done right the first time, banks would have been on the hook to pay far more to homeowners, even though the planned scheme fell far short of full compensation.”

Occupy Bernal staged a protest at the Bayview branch of Wells Fargo several weeks ago in an effort to draw attention to abusive lending practices that disproportionately affected African American, Asian and Latino homeowners. Bagot told the Guardian there are more to come. As for the bank settlement deal, he scoffed: “These governmental chickens live in the chicken coop that’s run by the fox.”

Capitalizing on the Auld Mug

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news@sfbg.com

The latest America’s Cup controversy arose with a complaint filed in state court in New York City on Dec. 12, alleging that the Golden Gate Yacht Club (GGYC), defender of the coveted sailing trophy and orchestrator of the prestigious international regatta in San Francisco, unfairly rejected an African American sailing team’s bid to compete as a defender candidate.

In a move that piqued the interest of close observers in the sailing world, the suit also takes things a step farther by challenging the legitimacy of including lucrative waterfront development deals into GGYC’s December 2010 agreement to host the 34th America’s Cup in San Francisco.

The suit invokes a 159-year-old document, the America’s Cup Deed of Gift, drafted after the schooner America won the treasured Cup — affectionately known as the Auld Mug — in a match off the coast of England in 1851. Executed under the laws of New York since the schooner sailed under the New York Yacht Club, the deed establishes the America’s Cup trust, and sets out guidelines that every recipient of the cup must abide by. The suit holds that accepting the cup made GGYC a trustee under the deed, and “each club holds the Cup as ‘trustee for the benefit of all potential challengers.'”

Because GGYC set up its own America’s Cup Event Authority, which stands to profit from San Francisco real-estate development deals without sharing surplus revenue among competitors, the lawsuit charges that the yacht club violated its fiduciary duties as trustee.

“It is clear that GGYC is strictly forbidden from using its possession of the Cup and its attendant duties as trustee … in a manner that directly benefits itself, any of its members, or any third party,” asserts the complaint, filed by Madison Avenue law firm McDermott Will & Emery LLP. “The law strictly prohibits self-dealing by a trustee.”

 

BLACK SAILING CREW

The lawsuit was filed on behalf of African Dispora Maritime (ADM), a North Carolina nonprofit organization founded by sea captain Charles Kithcart, who developed his skills as a mariner under former America’s Cup sailors and continues to pursue an ambitious dream.

Kithcart says he’s convened a sailing team to compete in the America’s Cup that includes African American Olympian sailors, and held discussions with a prominent Rhode Island yacht designer, David Pedrick, about constructing a qualifying vessel for his team. Pedrick, who’s designed America’s Cup racing yachts before, confirmed to the Guardian that he was willing to work with ADM.

GGYC accepted and later refunded ADM’s $25,000 application fee, but rejected the nonprofit’s proposal to enter the race, saying it wasn’t satisfied Kithcart’s team would have the necessary resources to compete. Kithcart claims to have a fundraising strategy for his America’s Cup bid ready to go, but his anticipated support appears to hinge upon being accepted as an America’s Cup competitor.

“You create a groundswell with the public,” he said. “This is the essence of our organization: It’s going to excite people’s imagination. Money can be generated, and there are people who will fund things.”

Kithcart’s vision extends beyond just racing in the elitist tournament, since that alone “doesn’t fulfill any of the social needs that are not only apparent, but glaring.”

ADM’s mission, he explained, is to train African American youth as competitive sailors, cultivate youth interest in math and science as it applies to nautical skills, and make a splash on the world stage by breaking into a predominantly white sport with a black-led team, á la the Jamaican bobsledders from the film Cool Runnings.

“We can really create inspired minds,” Kithcart said, enthusiastically describing field trips through church youth groups or Boys & Girls Clubs that would educate kids about the history of black mariners and offer the empowering experience of learning to helm a ship. “Our future is the youth.” Moreover, a yacht-building team would be a job-creation engine in tough economic times, he asserted.

The once-debt-plagued GGYC — which rocketed to sailing stardom after billionaire Oracle CEO Larry Ellison joined up, installed his crew members on the board, and clinched the 33rd America’s Cup with his Team Oracle Racing off the coast of Valencia, Spain in 2010 — has approved competitors from France, Spain, Italy, New Zealand, Sweden, China, and Korea for the 34th America’s Cup. The main event, a one-on-one match following all preliminary rounds, is to be held in San Francisco in the summer of 2013.

The foreign teams are known as challengers, but ADM applied to sail as a defender candidate — a U.S. team that would race against Team Oracle in a Defender Series in a bid to represent the U.S. in the 34th America’s Cup.

Under the race protocol drafted by the winners of the 33rd America’s Cup and an Italian team that has since withdrawn as the challenger of record, GGYC stated that it would consider applications from defender candidates. However, it would only accept “those it is satisfied have the necessary resources … and experience to have a reasonable chance of winning the America’s Cup Defender Series.”

Had GGYC accepted ADM’s application to compete, Kithcart’s African American led team would have sailed against Ellison’s Team Oracle crew — a spectacle Kithcart imagines would make fine fodder for national television broadcasts. He remains optimistic that it can happen. “We’re definitely going to get into the America’s Cup,” he told the Guardian in a recent telephone conversation.

That same confidence is conveyed in ADM’s lawsuit. “Indeed, ADM’s application showed that its proposed team quite obviously could beat Team Oracle Racing,” the complaint claims, “and certainly stood a ‘reasonable chance’ of doing so.”

The lawsuit alleges that GGYC ignored Kithcart’s repeated requests to be considered for entry into the competition almost until the deadline last spring, then rejected ADM on an arbitrary and unequal basis compared with its treatment of other competitors.

Three other teams that were accepted as competitors — including Club Nautico di Roma, the challenger of record — have since withdrawn, citing financial problems. The suit suggests these economically troubled teams were accepted as competitors without question even while ADM was rejected, and charges that GGYC made no attempt to determine the status of ADM’s team or fundraising plan.

What it all adds up to, according to ADM’s claim, is breach of contract and a failure to deal in good faith as a trustee. Nor is ADM shy about making demands. The lawsuit asks the court to compel GGYC to accept ADM’s application, reschedule all the planned races in order to hold a Defender Series, cancel the development rights afforded to the Event Authority, and pay ADM in excess of $1 million to compensate for the delay in building its yacht.

 

SO MUCH MONEY

John Rousmaniere, an America’s Cup historian who has authored several books about the sailing competition, regarded ADM’s case with skepticism. He seemed doubtful that GGYC could be forced to accept an application from a U.S. team.

“Golden Gate could invite other U.S. yacht clubs to compete for the right to defend, but it has chosen not to do that. Instead, it’s developing its own boat and crew. This is their right under the Deed of Gift,” he said. “The Deed of Gift is very clear — there is no obligation for another American boat to sail.”

He’s also dubious of the charge that GGYC breached its fiduciary duties as trustee by engaging in self-dealing, an argument that could have far greater consequences for Ellison in the long run. A similar dispute arose when the sailing tournament was held in New Zealand about a decade ago, he said, and the exact meaning of “trust” in the Deed of Gift has been debated before in similar arguments. “I don’t think it’s ever been resolved,” he added.

The lawsuit argues that the cup is held in trust for the benefit of all competitors, and that GGYC violated its duties as a trustee when it set up a real-estate deal benefiting its own interests without sharing the wealth. Under the terms of the Host City Agreement, the America’s Cup Event Authority (ACEA) has the potential to lock in leases and long-term development rights for up to nine piers along the city’s waterfront for 66 years, with properties ranging from as far south as Pier 80 at Islais Creek to as far north as Pier 29, home of the popular dinner theater Teatro ZinZanni.

The Event Authority is a California LLC, whose agent for service of process is listed as ACEA board chairman Richard Worth of Lawrence Investments LLC — a technology and biotechnology private equity investment firm controlled by Ellison.

Under the protocol and in keeping with America’s Cup tradition, competitors will share in any “net surplus revenue” earned by the America’s Cup trust. However, this excludes the commercial and real estate rights granted to ACEA, the private entity controlled by Ellison, which is separate from the America’s Cup trust.

“For the first time in America’s Cup history, it appears that valuable rights generated by a trustee as a result of holding the America’s Cup are being explicitly excluded from the Cup’s net surplus revenue and … being held elsewhere, to the detriment of the competitors,” ADM’s suit alleges.

Rousmaniere says this isn’t the first time a legal argument invoking the Deed of Gift has found its way into court amid an America’s Cup power struggle, and that the issue remains a point of debate. Part from the problem, he believes, stems from the fact that a 21st Century event is governed by a rather vague 18th century document.

“The defender really runs the thing,” he said, referring to GGYC and by extension, the powerful Ellison. The question is, “How much authority is he going to give the challengers?”

“These people have a lot of lawyers working for them,” Rousmaniere observed, referring to GGYC and Ellison’s Team Oracle Racing, which are closely related. “People are taking a big risk here, and they want to be protected. The stakes are so high because there’s so much money involved.”

America’s Cup spokesperson Stephanie Martin referred Guardian inquiries to Tom Ehman, Vice Commodore of GGYC, who communicated with Kithcart about ADM’s application to compete. Ehman, who was taking a holiday in Spain, did not return an email request for comment and could not be reached by phone. However, a statement attributed to GGYC appeared on the blog Sailing Anarchy, which published a report about ADM’s suit.

“GGYC was served today with a complaint filed in the Supreme Court, County of New York, alleging breach of fiduciary duty, among other baseless claims,” the statement noted. “We believe the lawsuit is utterly without merit and that GGYC will prevail.”

Kithcart, meanwhile, is keeping his eye on the prize. “We need to excite our youth and then stand back and get out of the way and see what they create,” he said. “I’m betting they’ll make a movie about this. I’m betting there’ll be books about this. I’m betting this is history. We’re going to be a story.”

12 arrested in raid of occupied Oakland home

There were 12 arrests in West Oakland today, Dec. 29, after police raided a foreclosed home on 10th Street that Occupy Oakland activists had taken over to use as housing for the homeless and meeting space, according to a press release just issued by Causa Justa :: Just Cause, a housing and immigrant rights organization based in Oakland and S.F.

Here’s a link to live footage shot earlier today: http://www.ustream.tv/recorded/19454451

Organizers are asking supporters to contact the Oakland Police Department and demand the release of those in custody, the press release noted.

Activists took over the Fannie Mae-owned vacant property on Dec. 6, on the National Day of Action, “as a call to stop fraudulent lending practices and illegal evictions by banks,” according to CJJC.

Activists provided two reasons for taking over the property:”To demand that Fannie Mae turn it into low-income housing,” and “In support of the Ramirez family, whose home in East Oakland was improperly foreclosed on by Fannie Mae in May of 2011. Bank of America acting on behalf of Fannie Mae sold the Ramirez home while the bank was supposed to still be working with them. The family is now renting the home they once owned.”

Are we green yet?

2

rebeccab@sfbg.com

A contract agreement for San Francisco’s innovative clean energy program, CleanPowerSF, could be approved by the San Francisco Board of Supervisors as soon as January, representing a major milestone for efforts to put the city in the retail electricity business.

CleanPowerSF, which stands out as one of California’s most ambitious community choice aggregation (CCA) municipal energy programs, would offer San Francisco customers the option of powering their homes with 100 percent renewable energy instead of the standard mix of predominantly gas and nuclear-generated power supplied by PG&E.

According to a draft contract introduced at the board, energy would be purchased on the open market by Shell Energy North America and delivered to residential customers, who would pay a modest premium for the service. The first phase would target a narrow customer base, with plans for expansion.

In the long run, the San Francisco Public Utilities Commission (SFPUC) has committed to constructing city-owned wind farms, solar arrays, and combined-heat-and-power systems to generate green power locally, which would ultimately lock in lower electricity rates — but this remains in an early assessment phase. Energy consultant Paul Fenn of Local Power Inc. is conducting the study.

 

HURRY UP AND WAIT?

The fact that a draft contract agreement is under consideration signifies a breakthrough for a program that for years crept along at a snail’s pace, as tension simmered between SFPUC officials and members of the Local Agency Formation Commission (LAFCo), the body overseeing CleanPowerSF implementation.

“We have been waiting for this for so many years,” remarked Sup. David Campos, who chairs LAFCo. “We pushed the [SFPUC] really hard.”

Yet longtime advocates of San Francisco’s CCA, like Eric Brooks and other environmentalists affiliated with the Local Clean Energy Alliance, worry that CleanPowerSF will never hit its stride because it won’t be accessible to customers who want to go green but can’t afford the higher price tag. In an ironic twist, he and others who previously excoriated the SFPUC for its sluggish progress are now urging the lead agency to pause instead of steamrolling ahead.

“We did not want things to go the way they did,” Brooks said. “We’re saying, you should not finalize the contract with Shell until we have the build-out information. It enables us to get better rates,” he added. With detailed, shovel-ready plans in place, Brooks said, arrangements with Shell could hinge on plans for city-owned generation.

Early plans for city-generated power call for enough projects and retrofits to account for 360 megawatts of efficient and renewable energy capacity, including 31 MW of solar panels and 150 MW from a wind farm, plus a combination of weatherization and other efficiency measures. The Local Clean Energy Alliance estimates that more than 1,000 jobs associated with these projects could be created within the first three years.

SFPUC officials and Campos remain unconvinced that it’s a good idea to hold off on finalizing the Shell contract.

“We’re all kind of moving toward the same goal,” SFPUC spokesperson Charles Sheehan said. “If we wait a year or two years, you don’t know what’s going to happen in the future. We have to seize the moment.”

Campos and Sheehan both said advocates’ concerns would be addressed by a contract provision allowing the city to swap green power purchased by Shell with green power produced locally, once the electricity becomes available. The SFPUC also agreed to a provision committing to the build-out program, on a separate track from the Shell contract.

“We’re not going to be able to [start building] unless we have the customer base to begin with,” Campos pointed out. “I have a different perspective in terms of why it’s important to move forward,” he acknowledged, but said he was looking forward to a “healthy debate” at the board.

For all its complications, CleanPowerSF is a quintessential example of that progressive adage “think globally, act locally.” In early November, the International Energy Agency issued a warning calling for dramatic changes in power generation. With so many coal-fired power plants under construction worldwide, the agency noted, the opportunity to avert the worst impacts of global climate change will have passed completely by 2017.

 

ULTRA GREEN, FOR A FEE

San Franciscans will be able to reduce personal energy usage and perhaps shed some consumer guilt by participating in the CCA program. Under the plan, Shell will purchase electricity from carbon-free sources and sell it to the SFPUC for distribution to CleanPowerSF customers. The shift will green the power mix on the grid while sending market signals that the demand for renewable power is on the rise.

At the start of the program, which the SFPUC pegs as July or August of 2012, up to 270,000 residential customers will be automatically enrolled. Targeted customers will also receive notices asking them to choose whether to stay with the program, or opt out and continue receiving power from PG&E.

Exact rates won’t be hammered down until February or March of 2012, but preliminary estimates suggest most customers will pay roughly $7 a month more for the green power, though a few (those who use a lot of electricity) could wind up paying as much as $50 more.

The price tag could prove to be a tough sell, even in affluent San Francisco. “We’ve done extensive market research,” explained Sheehan. “And we have taken into account PG&E’s opposition campaign,” an all-but-guaranteed response to the program which the utility giant unleashed in full force when neighboring Marin County undertook its own CCA.

Based on the research, “We are forecasting a two-thirds opt-out rate,” Sheehan explained. Initially, this means only around 10 percent of San Francisco residents — a population likely limited to those in higher income brackets — are expected to enroll. From there, new rounds of enrollment and opt-out noticing would follow.

The draft contract includes a $19.5 million appropriation, which includes operating reserves plus a $15 million escrow account. That’s the maximum payout Shell could receive if the city terminated the contract before the agreed-upon date and left the company stuck with unused power.

“It’s one way of showing we have some skin in the game,” Sheehan explained. Shell would only be eligible for $15 million at the start of the 4.5 year contract, he added, and even then it would only take effect if Shell was forced to sell the excess power at a lower price than it paid.

The Shell contract cannot go into effect until several steps have been accomplished. First, the board must give its stamp of approval for the contract and the $19.5 million appropriation. The SFPUC must then finalize program rates.

The SFPUC is also awaiting a ruling from the California Public Utilities Commission (CPUC) determining a bond amount required for all CCA programs. The bond is “kind of a mechanism to make PG&E whole, if in the very unlikely circumstance, this program would cease,” and PG&E had to absorb all CCA customers immediately, Sheehan explained. He said a ruling is expected in February.

The plan to offer ultra green power at a higher price is a departure from the original program goals, which were to offer greener-than-average power at or below PG&E electricity rates. That concept was jettisoned after SFPUC staff determined the objective wouldn’t pencil out in the short term.

Whether or not the supervisors will sign off on the contract as it stands remains to be seen, though Sheehan was optimistic. Campos said it would be important to educate members of the board of supervisors and the public about the program. “It’s going to be investment that’s going to pay for itself,” he said, “many years down the road.”

Plugging the flow

0

rebeccab@sfbg.com

When significant events related to the Occupy movement occur in the pre-dawn hours, it usually means a protest encampment has been raided. But on Dec. 12, Occupy protesters were the ones carrying out a strategic plan before sun up.

Activists organized by OccupyOakland effectively blocked cargo shipments from moving through several Port of Oakland terminals that day, as part of a coordinated West Coast Port Blockade that featured similar actions in other cities including San Diego, Portland, Seattle, and Longview, Washington.

About 150 longshore workers were sent home from their morning shifts at Oakland shipping terminals because protesters were marching in circular picket lines outside the gates.

The day began when more than 1,000 protesters met up at the West Oakland BART station at 5:30 a.m., sleepily raising signs and banners in the chilly morning air as they proceeded down 7th Street toward the port. Once they reached the sprawling shipping hub, they formed picket lines outside terminal entrances. Police were on the scene and clad in riot gear, but no clashes with protesters occurred early in the day.

Around 7 a.m., when the morning shift would have typically started, two International Longshore & Warehouse Union (ILWU) dockworkers — who declined to give their names — stood near the Hanjin Shipping gate at berths 55 and 56. Past the gate, a cargo vessel which had likely come from Japan was berthed and waiting to unload.

The men calmly surveyed the roughly 200 chanting Occupy activists as they marched around and around in a circular picket. “Ain’t nobody going to cross it,” one offered. The other gestured toward the protesters. “These are Americans wanting American jobs,” he said.

Around 10 a.m. outside the same terminal, protest organizer and Oakland hip-hop artist Boots Riley declared the first part of the port shutdown to be a victory. “Longshoremen are going home now,” he said. “Effectively, the Port of Oakland is shut down.” Later in the afternoon, protesters returned to prevent the start of an evening shift.

Until recently, the nationwide Occupy movement manifested as tent cities springing up everywhere in rebellion against the lopsided economic conditions. After a series of police raids cleared the tents away, however, organizers in the Bay Area and beyond took a different tack with the port blockade.

Working in tandem with allies from labor, occupiers from San Diego all the way up to Anchorage directed their gaze at international shipping hubs, critical infrastructure for multinational businesses importing and exporting goods between Asia and North America.

Cargo terminals make for heavyweight targets, as five of the nation’s 10 largest ports are located along the West Coast. The value of annually traded goods flowing in and out of Oakland alone is $34 billion, and authorities there estimate some $8 million could be lost if business were to be halted for a full day.

 

MAKING HISTORY

OccupyOakland unanimously approved the call for a coordinated West Coast port blockade at a Nov. 18 General Assembly.

“The ports play a pivotal role in the flow and growth of capital for the 1 percent in this country and internationally,” occupiers explained on a website announcing the port shutdown. “For that reason alone it is the ideal place to disrupt their profit machine.”

The ports weren’t selected as a target for that reason alone, but rather as an affront to specific corporations whose labor practices have sparked the ire of port workers. Export Grain Terminal (EGT) and its parent company, Bunge, Ltd., came into Occupy’s crosshairs because of their ongoing dispute with ILWU Local 21 in Longview, Wash., stemming from what longshoremen characterize as union-busting practices.

Port terminal operator Stevedoring Services of America (SSA Marine) and its parent company’s primary shareholder, Goldman Sachs, were also singled out in support of low-wage port truckers whose employment classification as independent contractors bars them from unionizing.

The third objective of the blockade, according to organizers, was to strike back against a series of police raids that dismantled Occupy encampments nationwide.

It wasn’t the first time cargo ships traversing the Pacific would be stalled by a politically motivated coast-wide port blockade. In 2008, ILWU members coordinated a West Coast port shutdown in dissent of the Iraq War.

In 1984, longshoremen and anti-apartheid activists blocked South African cargo to boycott the apartheid regime, noted ILWU member Stan Woods. Similar shutdowns, carried out in response to politically explosive issues going back to 1934, have been led by community activists forming picket lines at port entrances to prevent dockworkers from beginning their shifts.

Occupy’s call for a coordinated blockade brought an unprecedented twist to this historic trend, representing the first time a group unaffiliated with dockworkers had called for a shutdown spanning the entire West Coast. It left some seasoned organizers wondering anxiously how things would unfold, while others saw it as a gust of wind in the sails of the labor movement.

“One of the good things about the Occupy movement is that it’s challenging leaders of progressive institutions,” Woods said. “The old way … isn’t working. There’s been a one-sided class war, and there has to be a two-sided class war.”

Organizer Barucha Peller noted that the Occupy movement could be galvanizing for non-unionized workers, too. “Our movement is giving a framework for the 89 percent of workers who are not in unions,” she said.

For occupiers up and down the West Coast, the port shutdown also seemed to present a kind of test as to whether their young movement could successfully “exert its collective muscle,” as an OccupyOakland press statement put it, and effectuate a mass mobilization even after police raids flattened their encampments.

 

A ROUGH VOYAGE

In the weeks leading up to Dec. 12, even as Bay Area Occupy organizers plastered fliers about the blockade everywhere, met with union members, and organized outreach events to garner community support, they stumbled into challenges. Robert McEllrath, the president of the ILWU, publicly criticized the blockade plan, saying organizers had failed to reach out to union officials before unanimously approving the call to action.

“Any decisions made by groups outside of the union’s democratic process do not hold water, regardless of the intent,” McEllrath wrote. He seemed troubled that Occupy had attached itself to a union struggle without adequate communication, but an official endorsement of a third-party blockade by the ILWU would have landed the union in legal trouble.

“Whenever a group of people decide to march into a workplace in an effort to shut it without respecting the democratic decision-making process, it’s not an ideal situation,” ILWU spokesperson Craig Merrilees told the Guardian.

Some rank-and-file ILWU members saw things differently. “The rank and file do support the principles of the community, and Occupy,” said Anthony Lavierge, an ILWU steward. “Longshoremen had a good response to [the Nov. 2 port blockade]. It was empowering to a lot of people that so many came out.”

Another rank-and-file union member said, “the majority of ILWU workers are supportive of what’s going on, definitely.”

One rank-and-file ILWU member and self-described anarchist published a critique online raising concerns that OccupyOakland had failed to bring local union officials on board before approving the call to action.

In response, OccupyOakland organizer Mike King said, “We never brought it to them, because it’s not something they could endorse.” Yet he added that they had sought to include the rank-and-file from the start.

“We have done far more outreach for Dec. 12,” than in the days prior to the Nov. 2 port shutdown, which brought tens of thousands of activists to the street, King said. “Leading up to Nov. 2, we never expected half that many people would show up.”

Occupiers in San Diego, Los Angeles, Portland, Vancouver, Anchorage, and other cities all signed up to participate, and the idea drew support from activist groups as far away as Japan who vowed to perform solidarity actions in their own communities.

Nevertheless, the international union president’s statement prompted a flurry of mainstream news articles — along with some downright derisive columns — casting occupiers as out of sync with the very workers they claimed to stand with.

In Oakland, authorities of the targeted facility posed another obstacle. The Port of Oakland took out full-page ads in local daily newspapers and the New York Times urging the community to “Keep the Port Open.” The ads borrowed the language of the movement by proclaiming that the port “employs the 99 percent.” Port spokesperson Robert Bernardo emphasized this message in an interview with the Guardian. “When you shut down a port, you lose jobs,” he said. “Local jobs.”

Sue Piper, special assistant to Oakland Mayor Jean Quan, noted prior to Dec. 12 that the mayor was working with police and port officials to ensure that the port remained open for business. On the morning of the port blockade, however, police stood down and did not prevent protesters from circling up in front of terminal entrances.

 

BIG FISH TO FRY

Lost in much of the mainstream coverage of the port blockade were Occupy Oakland’s three main objectives. The protesters aimed to demonstrate solidarity with low-income port truckers laboring in service of the powerful SSA Marine; stand with ILWU Local 21 members in their face-off against EGT; and deliver a show of resistance against coordinated police raids of Occupy encampments nationwide.

In October, 26 Los Angeles truckers working for a port company called Toll Group were fired after wearing Teamsters truckers’ union jerseys to their shifts to demonstrate their wish to unionize. Because they’re classified as independent contractors instead of employees, it’s illegal for the truckers to join unions. They’re paid per shipment rather than per hour, which translates to hours of unpaid labor spent in the queue, and must cover their own job-related costs.

Occupy Los Angeles caught wind of the incident and began to talk about doing an action in solidarity with the truckers.

“The date of Dec. 12 was originally suggested by people in Los Angeles,” explained Dave Welsh, a delegate of the San Francisco Labor Council and secretary of the Committee to Defend the ILWU. “It’s also Our Lady of Guadalupe feast day, a Mexican holiday. Since many truckers of the Port of LA are Mexican, they picked that date. One focus [of the blockade] is support for truckers and their demand for better wages, working conditions, etc.”

On the day of the blockade, an open letter from port truckers was published on the website of the Coalition for Clean and Safe Ports, an advocacy group. “We are inspired that a non-violent democratic movement that insists on basic economic fairness is capturing the hearts and minds of so many working people,” the message read. “Thank you ’99 Percenters’ for hearing our call for justice. We are humbled and overwhelmed by recent attention. Normally we are invisible.”

The second major target of the blockade was EGT, which constructed a new grain terminal on Port of Longview property at the edge of the Columbia River in southern Washington, about an hour’s drive from Portland, Ore.

EGT’s parent company is Bunge, Ltd., a major agribusiness firm that has come under fire for everything from tax evasion, to rampant clearing of Amazon rainforest lands for soybean cultivation, to the use of slave labor in Brazil.

Although the terminal construction first brought hope to a small community inflicted with 15 percent unemployment , ILWU Local 21 President Dan Coffman says things soured when EGT brought in out-of-state laborers to build the facility, then refused to hire members of his union.

Coffman contends that EGT’s lease with the port means the company is required to hire Local 21 workers, but EGT disputes this, and has been locked in a federal court battle with the port. The dispute has prompted union members to stage port blockades of their own, resulting in some arrests.

Peller, the Occupy Oakland organizer, announced on a megaphone Dec. 12 that occupiers in southern Washington had shut down the Port of Longview, according to a text message from ILWU Local 21. Union members wanted to thank the movement for the show of support, she added.

“They thought they could just run over a small local,” Coffman told the Guardian, referencing EGT. “Well, David met Goliath. We’re going to fight them till the bitter end.”

Occupy shuts down morning shift at Port of Oakland

Usually, when significant events related to the Occupy movement occur in the pre-dawn hours, it means an encampment has been raided. But this morning, Occupy protesters were the ones carrying out a strategic plan before the sun came up.

A main objective of today’s Port of Oakland shutdown — the second in two months initiated by Occupy Oakland — was to strike back against the police raids that dismantled their camps.

Protesters led by Occupy Oakland effectively shut down the morning shift at the Port of Oakland today, Dec. 12, as part of a Coordinated West Coast Port Blockade that Occupy groups from San Diego to Anchorage have been planning since Nov. 18, when Occupy Oakland’s General Assembly unanimously approved the call to action.

Several hundred activists met up at the West Oakland BART station at 5:30 a.m. and proceeded to march down Seventh Street to the sprawling shipping hub, where they formed picket lines outside terminal entrances to prevent workers from entering the gates for the 7 a.m. shift. Shortly after they began picketing, truckers waiting to load or unload cargo began turning around to exit port property.

There were several busloads of protesters in addition to those who traveled to the port on foot, as well as a bicycle contingent. While most protesters filed through the streets in an uncharacteristically quiet march that seemed muted due to a lack of sleep, a few displayed gusto with a sound system, shiny homemade flags, and flashy outfits. Some showed up toting a life-sized cut-out of Lt. John Pike, the University of California Davis officer who became notorious for dispersing teargas into student protesters’ eyes, with the face cut out so people could pose for photos.

Police arrived on the scene clad in riot gear, but did not attempt to prevent protesters from circling up around the gate entrances and forming picket lines. They stood in formations in front of the gates weilding batons and teargas launchers, though protesters had no intention of entering the gates and only sought to block them. Alameda County Sheriff buses circled the area as well.

Around 7 a.m., when the morning shift would have typically started, two ILWU dockworkers (who declined to give their names) stood near the Hanjin Shipping gate at berths 55 and 56, surveying the picket line. Past the gate, a cargo vessel which had likely come from Japan was berthed and waiting to unload.

“Ain’t nobody going to cross it,” one of the men offered. The other gestured toward protesters and said, “These are Americans wanting American jobs.” Asked how he felt about the picket, he responded, “We don’t support it, because it’s not in our contract — but I do see some issues, like we’re hurting, too.” The ILWU members said longshoremen turned away because of the picket line wouldn’t be paid for the day, because they’re only registered as having reported to work if they’re physically on the terminal. They also noted that there was a relatively light workload at Oakland terminals on this particular day.

The official objectives of the port blockade, aside from showing resistance against crackdowns on Occupy encampments, were to demonstrate Occupy’s solidarity with longshore workers and port truckers. The International Longshore & Warehouse Union (ILWU) Local 21, based in Longview, Wash., has been locked in a legal dispute with Export Grain Terminal (EGT) stemming from what workers characterize as union-busting practices.

Port truckers, particularly in Los Angeles, have been unable to unionize due to their employment classification as independent contractors, and protesters sought to highlight their struggle as well. Picketers held signs declaring solidarity with the ILWU and truckers against the one percent — global shipping companies owned in part by agribusiness giant Bunge, Ltd. and Goldman Sachs, respectively, who profit from their labor.

Speaking into a megaphone, organizer Barucha Peller announced that occupiers in southern Washington had shut down the Port of Longview, according to a text message from ILWU Local 21. Union members wanted to thank the movement for the show of support.

By around 10 a.m., an independent arbitrator had ruled that the picket posed a health and safety risk to longshore workers, so the dockworkers were sent home, effectively halting port activity for the first part of the day. “I’m really impressed that so many people got up at five o’clock in the morning,” Anthony Lavierge, a steward with ILWU, said into the megaphone. “It’s officially shut down. The longhshore labor is officially going home.” However, protesters planned to return to the port later on to prevent the start of an evening shift.

Following the announcement that workers had gone home for the day, protesters marched back to West Oakland BART station. A second march to the port is planned for 4 p.m., leaving from 14th and Broadway streets in downtown Oakland following a 3 p.m. rally. A third march to the port is scheduled to leave the West Oakland BART station at 5 p.m.