Steven T. Jones

Alerts

Andrew Lam
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alert@sfbg.com

WEDNESDAY 9

Student Day of Action

ReFund California begins its Make Banks Pay week of action by organizing a protest to shut down a local branch of Wells Fargo, a contributor to the financial collapse of 2008 and the current foreclosure crisis. Students from City College and the San Francisco State University will join forces to call for banks to help restore the deep cuts to higher educations that they helped cause.

Noon, free

Gather at SFSU Quad to take the M bus to West Portal and march to the bank

www.makebankspaycalifornia.com

 

THURSDAY 10

Poor People’s Decolonization

Join Occupy Oakland, POOR Magazine, and other groups for a march on four government offices that promote the criminalization and deportation of poor people from around the world: the Oakland Police Department, Oakland Housing Authority, Alameda County Social Services, and U.S. Department Immigration and Customs Enforcement.

Noon, free

Gather at the OPD

455 Seventh, Oakl.

www.occupyoakland.org

 

 

Picket Hotel Frank

Wells Fargo and its Hotel Frank management company, Provenance, refused to recognize the Unite Here Local 2 contract, increased the workload for employees, and haven’t paid any medical or pension coverage. The National Labor Relations Board has found Hotel Frank guilty of violating federal labor laws, including firing and disciplining workers for engaging in union activities, but only this daily picket seems capable of making a difference.

3-5:30pm, free

Hotel Frank Geary and Mason, SF

www.hotelfranksf.info

 

FRIDAY 11

Bay Area Resilience

Help formulate regional plans by community groups, social movements, and public planners for a strong economy, climate adaptation, and emergency preparedness. Bay Localize, Communities for a Better Environment, Global Exchange, and other groups are coming together for this Bay Area Convening on Resilience and Equity. Come and join the movement.

9am-3pm, $7-10 (includes lunch)

California Endowment Conference Center 1111 Broadway, Oakl

leanne@baylocalize.org

colin@baylocalize.org

 

SATURDAY 12

OccupySF Teach-In

Learn about the OccupySF movement and what it’s all about by attending the General Assembly at noon followed by a march to downtown at 3pm. Meet at the “SF Free School” poster.

Noon- 4:30 p.m., free

Justin Herman Plaza

Embarcadero and Market, SF

www.occupysf.com

 

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Election night coverage and parties

Sasha Cuttler
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Election night coverage and parties

As always, the Guardian will have a team of reporters in the field tonight covering the election parties and doing regular posts here on the Politics blog, where Executive Editor Tim Redmond will also be analyzing the results as they come in. But if you want to get out there mix and mingle with the campaigns yourself, here’s a list of the parties around San Francisco, most of which start around 8:30 and last until around 11. 

John Avalos for Mayor, Roccapulco, 3140 Mission St.

Dennis Herrera for Mayor, Club Mighty, 119 Utah St.

Leland Yee for Mayor, Rasselas Jazz Club, 1534 Fillmore St.

Jeff Adachi for Mayor, Harbour Court Hotel 165 Steuart St.

David Chiu for Mayor, Rendezvous Tapas, 2080 Van Ness

Bevan Dufty for Mayor, Don Ramon’s Mexican Restaurant, 225 11th St.

Ed Lee for Mayor, Tres, 130 Townsend St.

Tony Hall for Mayor, Campaign HQ, 99 West Portal Avenue

Joanna Rees for Mayor, Eastside West, 3154 Fillmore

Michela Alioto-Pier for Mayor, The Brick  Yard, 1787 Union St.

League of Pissed Off Voters, El Rio, 3158 Mission St. (mayoral candidate Terry Baum in attendance)

Yes on A, Mercury Lounge, 1582 Folsom St.

Yes on C/No on D, Slim’s, 333 11th St.

David Onek for DA, Pilsner Inn, 225 Church

Sharmin Bock for DA, Yoshi’s Jazz Club, 1330 Fillmore

Bill Fazio for DA, Tony Nik’s Cafe, 1534 Stockton

George Gascon for DA/Chris Cunnie for Sheriff, Delancey Street, 600 The Embarcadero

Ross Mirkarimi for Sheriff, Carnelian by the Bay, 1 Ferry Plaza

Paul Miyamoto for Sheriff, Pete’s Tavern, 128 King Street

 

Correction: Prop. E isn’t retroactive

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In the hustle-bustle of getting our last pre-election issue out the door, we made a significant error in describing Prop. E in the “Buying power” section of this story. The measure does not apply retroactively, but would allow the Board of Supervisors to change measures that voters approve after January 2012. Sorry for the mistake.

Powerful, mostly peaceful Oakland action ends badly

Sasha Cuttler
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After a long day of mostly peaceful demonstrations by thousands of protesters who joined OccupyOakland’s General Strike and Day of Action yesterday, it’s still unclear why the Oakland Police – which had stood down the entire day, leaving the movement to self-police – massed in riot gear around midnight and used tear gas and other projectiles to clear the streets and make a reported 80 arrests.

Spokespersons for the Oakland Police Department and Mayor Jean Quan haven’t returned Guardian phone calls, and reports in the Oakland Tribune and other media outlets don’t indicate exactly what prompted police to change tactics and aggressively confront the demonstration. Protesters had taken over a vacant building and erected barricades in the streets shortly before riot police showed up, and it appears from a Tribune video that a dumpster was set on fire after the police showed up.

Before the standoff between city officials and demonstrators in Oakland again took a violent turn, the day was notable for its lack of police presence around the occupied Oscar Grant Plaza and nearby 14th and Broadway epicenter. And despite a small number of masked agitators who broke bank windows and sprayed graffiti – much to the chagrin of most protesters who actively opposed such tactics – the movement was remarkably nonviolent and self-policing, particularly given a crowd of what seemed to be around 10,000 people at its peak. Protesters even handled traffic control, using a megaphone to help motorists through intersections congested with passing demonstrators.

“This is an extraordinarily peaceful collection of diverse people,” Sen. Loni Hancock (D-Oakland) told the Guardian just after 5 pm as a massive march left the encampment to shut down the Port of Oakland. “I feel like they’re doing what no elected person can do: they’re putting economic equity issues in front of the American people.”

“This is beautiful and powerful. This I love,” agreed Oakland City Council member Libby Schaaf, beaming as the peaceful march took off, although she told us that she was disappointed to see Oakland businesses vandalized, including her beloved Noah’s Bagels. “Fight greed, not bagels.”

Most of the crowd condemned the violence, and many openly worried that it would undercut the positive demonstration of people power and the airing of frustration with economic injustices in the country. But even Hancock said a few bad apples shouldn’t spoil people’s understanding of what an important day it was.

“I’m very grateful to them for calling attention to economic inequality. It is in the interests of cities that this issue take center stage,” Hancock told us. “There are so many things that have been talked about that are now on the stage and it’s a very important conversation to have.”

But many in the movement were disappointed nonetheless, despite the myriad successes in shutting down business nonviolently. Around 3 pm, a crowd of thousands marched past a Chase Bank at 20th and Berkeley streets where the front window had been shattered, as was the case with at least six other businesses. Taped to the windows were signs reading “We are better than this” and “This is not the 99%. Sorry, the 99%”.

As the huge crowd repeatedly chanted “peaceful protest,” Ryan, a 31-year-old Oakland resident, expressed his frustration over vandalism he blamed on out-of-town instigators. “People from Oakland would not damage their city like that,” he told me. “Last week was beautiful, we were dancing and singing in the streets,” he said, referring to the largely nonviolent response to police violence, “but this is bullshit.”

Large protests almost always have members who want to escalate the conflict and who see breaking windows as a legitimate tactic, and yesterday there were sometimes tense conflicts between protesters who disagreed on the issue. Another complex issue is how to now view Oakland Mayor Jean Quan, whose support for last week’s violent police crackdown prompted calls for her recall or resignation, although her subsequent apology, the re-encampment of Frank Ogawa Plaza, and yesterday’s police stand down caused some to rethink whether to actively oppose her.

“My goal for today is to spur the international movement forward and to show what we’re capable of,” said 23-year-old Iris Brilliant, who got more actively involved in OccupyOakland after the crackdown and said she was happy to see the police kept at bay. “It’s important to push this forward.”

But Tania Kappner, a 41-year-old teacher from Oakland, still hadn’t forgiven Quan or the police for the violent excesses in last week’s raid. She was camped out in Oscar Grant Plaza in a tent with the sign “Mayor Quan Must Go!”

“It’s good she’s not sending them in on us today, but she never should have done it in the first place,” Kappner told us. “We’re calling for her to go and the police who did it to be jailed.”

With the decision to again unleash the riot police and tear gas and arrest big numbers of people – which was the very thing that prompted such huge numbers of people to turn out yesterday, giving OccupyOakland the numbers and power to easily shut down the port and dozens of businesses – Oakland and the larger Occupy movement might again find itself back at square one.

The National Lawyer’s Guild, which had observers on hand to witness the late-night police crackdown, issued a statement today condemning the city’s actions and saying they violate a crowd control police the NLG helped the city write to settle lawsuits stemming from the OPD’s use of rubber bullets to clear anti-war protesters from the Port of Oakland back in 2003.

“Like we saw last Tuesday, the OPD actions in the late night hours violated numerous provisions of the Crowd Control Policy and the Constitutional rights of activists,” explained NLG’s San Francisco Bay Area chapter president Michael Flynn. “Our legal observers did not disobey any police orders and neither did many of the other arrestees.”
“The Crowd Control Policy clearly prohibits shooting munitions into a crowd,” added NLG attorney Rachel Lederman. “While the police are allowed to use tear gas, they are supposed to use a minimum amount and only where other crowd control tactics have failed.  It is not at all clear that less violent and less provocative measures would not have sufficed to achieve any legitimate law enforcement objectives last night.”

Meanwhile, in San Francisco, Mayor Ed Lee has reportedly assured OccupySF that he won’t follow through on threats to raid the camp if tents aren’t removed, at least not anytime soon (many observers speculate that he’ll at least wait until after next week’s mayoral election). But Lee has been unwilling to make a clear public statement that raids are now off the table.

When we sought to clarify Lee’s position and get his reaction to a Board of Supervisors resolution calling for the city to allow a 24/7 encampment, his Press Secretary Christine Falvey wrote: “The mayor has not focused on the resolution, but has been focusing on meeting with clergy, labor, occupysf demonstrators and his department heads to make sure that the site is kept clean, safe and accessible for everyone. He remains concerned about overnight camping and the public health and safety issues that brings. That said, he has seen some good progress over the last few days because of his open communication with the group. DPW cleaned up the site over the weekend and the demonstrators helped facilitate the cleanup. Tents were moved off the Bocce Ball Court as well. The group is working with Fire and Public Health officials to make some improvements. The dialogue is ongoing.”

Photos by Steven T. Jones

Lee benefits from vetoing health care reform

Sasha Cuttler
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Lee benefits from vetoing health care reform

Downtown groups that pressured Mayor Ed Lee to veto legislation that would have prevented businesses from raiding their employees’ health savings accounts have been funneling big bucks into independent expenditure campaigns formed to keep Lee in the Mayor’s Office.

Meanwhile, the Board of Supervisors today strengthened a weak alternative to the vetoed legislation by Board President David Chiu, which it then continued for two weeks. The amendments by Sup. Malia Cohen were unanimously approved by the board, but her five allies in supporting the vetoed legislation – David Campos, John Avalos, Ross Mirkarimi, Jane Kim, and Eric Mar – preferred that the measure be returned to committee for more analysis, losing on a 6-5 vote.

“We need more time to understand the implications of the amendments. We’re not sure if it actually closes the loophole,” Campos, the vetoed measure’s sponsor, said of provisions in the Health Care Security Ordinance – the city’s landmark measure that required employers to provide some health coverage to employees – that allowed businesses last year to pocket more than $50 million from health savings accounts they created for their employees.

One Cohen amendment specifically addressed one of the more egregious violations – restaurants that charge customers at 3-5 percent surcharge for employee health care and than pocket that money at the end of the year – which Chiu had addressed only by calling for more scrutiny of the tactic by the Office of Labor Standards. She also would require businesses to keep two years worth of contributions in the account, rather than the one year sought by Chiu to address the so-called “January problem” of businesses draining the account at the end of every year and leaving nothing for employees who get sick or injured at the start of the year.

It was perhaps a sign of the heat that Lee took from labor and consumer groups for his veto that he quickly issued a press release today praising the supervisors for addressing the issue. “I applaud President Chiu, Supervisor Cohen, organized labor, small business owners, and the Department of Public Health for finding the solutions to this important public policy that can strengthen our City’s landmark Health Care Security Ordinance. By closing the loophole through these proposed amendments, we can increase access to health care, protect jobs in our small businesses and protect consumers while growing our economy at the same time,” it read.

But Lee appears to have already benefited from heeding the demands of downtown – particularly the San Francisco Chamber of Commerce and Golden Gate Restaurant Association (GGRA) – who made defeating the Campos legislation a top priority, casting it as a new “fee” that would drain $50 million from the local economy.

The San Francisco Alliance for Jobs and Sustainable Growth PAC, created by notorious downtown bagman Jim Sutton, is the best-funded on the four independent expenditure groups that are supporting Lee, taking in $390,000 this fall, including $27,000 from the GGRA and $25,000 from the Chamber’s SF Forward group. Both groups also support the Committee on Jobs, which kicked in $110,000 to the Alliance campaign. GGRA also gave another $10,000 to the pension reform campaign that Lee is pushing, support the Chamber had threatened to withhold if the Campos measure was approved.

GGRA Executive Director Rob Black denied this was pay-to-play politics, noting that the Alliance is also supporting DA George Gascon, Sheriff candidate Chris Cunnie and two ballot measures. “But absolutely, the mayor’s name is on there and the organization voted to endorse him,” Black said.

GGRA voted in August to endorse Lee, Chiu, and Michela Alioto-Pier for mayor. Black said the organization is “generally supportive of Sup. Chiu’s approach to reforming the Health Care Security Ordinance,” and Black specifically said it supports improving requirements that businesses notify employees about the health savings accounts and how to use them.

The GGRA led the original fight against the HCSO in 2006, which was sponsored by then-Sup. Tom Ammiano, who lined up a veto-proof majority on the progressive-dominated board and eventually persuaded then-Mayor Gavin Newsom to support it. The measure created the Healthy San Francisco program and required employers to spend a minimum amount per employee on health care, although federal ERISA law bars cities from prescribing how that money is spent.

GGRA challenged the employer mandate all the way to the U.S. Supreme Court on the grounds that it violated ERISA, losing the case. Many of its members restaurants then opted to use health savings accounts rather than paying into Healthy San Francisco or private health insurance, even though health experts say such accounts are the worst option.

Campos and his allies have maintained that money in these health savings accounts belongs to employees and that businesses that use and raid them gain an unfair competitive advantage at the expense of their employees, customers, and city taxpayers, who are often forced to foot the bill for the uninsured.

Campos and the coalition that supports him has said they may take this issue to voters if the Chiu/Lee legislative fix doesn’t address their concerns.

SF supervisors support OccupySF’s 24/7 encampment

Sasha Cuttler
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SF supervisors support OccupySF’s 24/7 encampment

The San Francisco Board of Supervisors today approved a resolution supporting Occupy Wall Street and the right of OccupySF to maintain a 24/7 encampment in Justin Herman Plaza, although sponsors of the measure narrowly lost a fight over amending the measure to allow police to use force if “there is an objective threat to safety or health.”

The sponsors of the measure – Sups. John Avalos, David Campos, Eric Mar, and Jane Kim – noted that heath and safety concerns were used as a pretext for both police raids on OccupySF and for last week’s violent police crackdown on the Occupy Oakland encampment, something San Francisco officials uniformly say they want to avoid here. Those four sponsors were joined by Sup. Ross Mirkarimi in opposing the amendment by Sup. Scott Wiener, which passed on a 6-5 vote.

But the overall measure – which urges Mayor Ed Lee to drop his opposition to tents and other camping infrastructure and not order another police raid on the camp – was then approved on an 8-3 vote, with Sups. Mark Farrell, Carmen Chu, and Sean Elsbernd in dissent. Farrell and Chu both expressed support for the movement’s call for addressing severe economic inequities in the country, but they oppose the tactic of occupation.

Board President David Chiu, the swing vote on allowing the resolution to be watered down, said his vote was an effort to get as much support for the measure as possible. “For me, it was important to build consensus here at the board,” he said, praising the work that city officials and OccupySF participants have done to resolve their differences. “I have been very impressed with the behavior of individuals involved in this movement.”

Wiener had made a number of amendments to the resolution that Avalos accepted without objection, drawing the line only at the change that would specifically allow for police to use force to dislodge the protesters. While the nonbinding resolution doesn’t compel any action by Lee or the SFPD, Avalos praised the mayor for meeting privately with OccupySF members after he seemed to take a firm public stand again allowing camping.

“I do want to thank the mayor for coming to the table on how our public spaces can be used,” Avalos said. Kim echoed the point, noting that, “A ton of progress has been made.” The Mayor’s Office has not yet responded to Guardian requests for comment on the resolution or his current position on OccupySF, but we’ll update this post when we hear back.

Wiener and others also thanked Avalos for taking the lead role in addressing this issue. “I want to thank Sup. Avalos for being so open and collaborative,” Wiener said, noting that he’s been very impressed with how OccupySF has handled itself throughout the standoff. “I’m very supportive of OccupySF…It’s been incredibly peaceful and people have been friendly and passionate.”

Superviors and labor leaders challenge Lee’s OccupySF stance

Sasha Cuttler
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Superviors and labor leaders challenge Lee’s OccupySF stance

Mayor Ed Lee has put the city and its police force on a collision course with not only OccupySF, but also several members of the Board of Supervisors and top labor leaders who support the movement and want the city to allow its encampment to continue.

They spoke at a special hearing of the City Operations and Neighborhood Services Committee that was convened by Chair John Avalos this morning, supporting a resolution that Avalos created to allow OccupySF to have tents and other infrastructure that Lee opposes. The resolution – which is co-sponsored by Sups. Eric Mar, David Campos, and Jane Kim – was approved by the committee and is set to be considered by the full Board of Supervisors tomorrow (Tues/1).

“It is something I am wholeheartedly supporting because it is an expression of great frustration and concern about the economic system,” Avalos said. “We need to speak with a greater voice about changing our economic system so it works for the many and not just the few,” Avalos said, explaining why he is “wholeheartedly supporting” the OccupySF movement.

But Avalos said he’s been frustrated that Lee and the police have raided the camp twice and are threatening more, something that Avalos has been trying to mediate since the first raid on Oct. 5. He also said the city should learn from Oakland that using the police force to stop the movement only makes it stronger.

“If we were to try to stop it from happening, it would just encourage more people to take part in it,” he said, noting that more midnight raids are dangerous for both police and protesters. “We have to figure out as a city how we’re going to facilitate, encourage, and accommodate this movement.”

But instead, Avalos said Lee’s stand against allowing tents or an kind of encampment, while claiming to support the message OccupySF, has created a tense standoff. “I’ve seen very mixed messages come out of this administration,” Avalos said, adding that nobody believes police statements that the massing of SFPD cops in riot gear on Oct. 26 was only a training exercise.

Mar said OccupySF deserves tremendous credit for holding the space and being responsive to the health and safety concerns raised by city officials. “I’ve seen a transformation in the movement in the last three weeks that is truly impressive,” Mar said. “I’ve also seen, during the General Assemblies, an incredible exercise in democracy.”

He also disputed accusations that the camps are dirty and that the movement is unfocused. “Don’t believe the hype from the mainstream media but look at the messages coming out of this movement,” said Mar, who was wearing a “We are the 99 percent” sticker.

“We should allow OccupySF to do what they’re doing,” Campos said. “It’s good for San Francisco.”

Campos also called out Lee and Oakland Mayor Jean Quan for ordering violent raids on the peaceful encampment, disputing the idea that “somehow it’s okay for us to spend the limited resources we have on these kinds of police actions…I hope we don’t have Mayors Quan and Lee wasting resources that could be better spent elsewhere.”

During the public comment portion of the hearing, each of the more than two dozen speakers supported the resolution.

“What this resolution does is it calls on the other supervisors and the mayor to decide how they want to deal with OccupySF,” said Gus Feldman of SEIU Local 1021.

Representatives of several labor unions and the San Francisco Labor Council that have voted to endorse OccupySF spoke at the hearing, include Ken Tray with United Educators of San Francisco, who gave a rousing speech in support of the movement.

“The times have changed and the political landscape has shifted,” Tray said, ticking off a long list of reasons for supporting the movement, from San Francisco’s long tradition of advocating for progressive change to the fact that “the schoolchildren of San Francisco are being denied resources because the 1 percent refuse to pay their fair share.”

Frank Martin del Campo of the SF Labor Council displayed the bruises on his arm inflicted by police during the raid on the Occupy Oakland, saying “this was an attempt to criminalize dissent…It represents the politicization of the police.”

Labor Council Executive Director Tim Paulson said, “I just want to be clear that we are the 99 percent….We want Occupy San Francisco to be there 24/7.” He and others say the Occupy movement is highlighting deep economic inequities that the labor movement has long been raising as well. “OccupySF has called the question on really important issues we’ve been struggling with for years,” said Gabriel Haaland of SEIU Local 1021

“Here is a peaceful protest being answered with violence,” said Pilar Schiavo of California Nurses Association, which has been supporting the occupations. This is an important political struggle, she said, and “It’s time for the mayor to decide what side he’s on.”

Many speakers focused their criticism on Lee, such as Brad Newsham, who said, “Any official who would send in the riot police to deal with this camp does not deserve to be mayor of San Francisco.” He said the city should set an example for the country by formally allowing the encampment to continue, and he turned to the young protesters in the room and said, “Hold your ground and we’ll try to get your back.”

Sean Semans, an active member of OccupySF since the beginning, thanked Avalos and the other progressive supervisors for “saving us when nobody would,” and he expressed frustration with the Mayor’s Office.

“The mayor still doesn’t recognize us, he won’t come down and see the work we’re doing,” Semans said. “We can do all kinds of work when we’re not fighting to protect our First Amendment rights.”

He was part of an OccupySF delegation that met with Lee last week, and Semans said the mayor offered to help get the protesters rooms in SRO hotels or meals from local soup kitchens, showing that he has a fundamental misunderstanding about what this occupation is about.

As Semans said, “It shows what we’re dealing with here.”

CHP menaces the Halloween Critical Mass ride

Sasha Cuttler
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The California Highway Patrol seems to be on high alert and itching to fight the people in the street, at least if a bizarre incident at last night’s Critical Mass is any indication. And that’s a scary prospect in the Bay Area, where the ongoing standoffs between police and the Occupy movements in San Francisco and Oakland are potential powder kegs that require cool heads on both sides.
Critical Mass was rolling through the warm streets of San Francisco, as it’s been doing on the last Friday of the month for 19 years, and it was a glorious night. The weather was nicer than it’s been in years for the Halloween ride and most of the large crowd wore costumes, many of them playing off Occupy Wall Street themes, from zombie bankers to the Glass Seagull (a reference to the gutted banking regulation Glass-Steagall Act).
Best of all, the San Francisco Police Department seemed to be standing down and allowing the ride to self-regulate, which it did with a minimum of conflicts with drivers. The mood was buoyant and many riders said it was the best Critical Mass they’d been on in a long time.
Then suddenly, as the ride headed up Market Street toward the Castro, crossing Octavia Boulevard, about a dozen CHP officers on motorcycle rapidly descended on the ride, aggressively cutting the dense ride in half to clear Octavia. Some used their motorcycles to push the cyclists back and tensions flared.
Angry words were exchanged back-and-forth between the cyclists and cops, some of whom seemed to be itching for a fight. One in particular pursued the cyclists up Market Street, playing the provocative tough guy or using his motorcycle to try to corral and menace the ride, long after the standoff had ended with enough green lights for the ride to get past Octavia and his fellow officers left.
This battle over public space and freedom of assembly isn’t going away anytime soon. There are resentments building and there will be bad apples on both sides of the barricades in the days and weeks to come. That’s one reason why Mayor Ed Lee is playing a dangerous game by threatening to raid OccupySF at any moment, and why the SFPD’s approach to this ride was far better than the CHP’s.
Just stand down and let the people police themselves.

LGBT leaders denounce attack on Herrera by the Chronicle

Sasha Cuttler
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LGBT leaders denounce attack on Herrera by the Chronicle

Leaders of the LGBT community from across the political spectrum yesterday denounced the San Francisco Chronicle and the anonymous sources it relied on to question City Attorney Dennis Herrera’s early support for legalizing same-sex marriage, calling the paper’s front page article a thinly veiled political hit piece designed to hurt Herrera’s mayoral campaign.

That strong showing of support in the LGBT community and the view offered by many that the attack came from supporters of Mayor Ed Lee – including top former Newsom Administration officials, some of whom now work for Lee – could not only mitigate damage from the article but further sully a Lee election effort that is already marred by allegations of vote tampering, money laundering, and deceptive campaign tactics.

“Those who are saying this now anonymously are as cowardly as Dennis and Gavin were courageous back then,” said Deputy City Attorney Theresa Stewart, the lead attorney who defended San Francisco’s decision in 2004 to unilaterally issue marriage licenses to same-sax couples, in defiance of state and federal law, which eventually led to the legalizing of such unions. “We can’t have our community turn on us for petty political gain.”

“WTF, Chronicle?” was how Assemblymember Tom Ammiano began his speech, going on to lay blame for the attack on surrogates for Lee. Ammiano also called out the mayor for campaign finance violations by his supporters, for undermining the Healthy San Francisco program that was created by Ammiano’s legislation, and for repeatedly ordering police raids on the OccupySF encampment.

“How about some fucking leadership?!” Ammiano said.

Cleve Jones, an early gay rights leader who marched with Harvey Milk, also denounced Lee and his supporters for cronyism, vote tampering, money laundering, and the “fake grassroots” efforts of the various well-funded independent expenditure campaigns, which he said have fooled the Chronicle.

“To the Chronicle and that reporters – really? – this is what you do two weeks before the election? You should be ashamed of yourself,” Jones said. “How stupid do you think we are?”

Yet Chronicle City Editor Audrey Cooper defended the article and disputed the political motivations of its sources. “Clearly, I disagree [with the criticisms],” she told the Guardian. “I personally vetted every one of the sources and I’m confident everything we printed is true.”

Beyond criticizing the obvious political motivations behind the attack, speakers at the rally called the article bad journalism and said it was simply untrue to suggest that Herrera didn’t strongly support the effort to legalize same-sex marriage from the beginning.

“I can tell you that Dennis never once shrank from this fight. I was there, I know,” Stewart said, calling Herrera “a straight ally who’s devoted his heart and soul to this community.”

Sen. Mark Leno, who introduced the first bill legalizing same-sex marriage to clear the Legislature, emphasized that he isn’t endorsing any candidates for mayor and that he didn’t want to comment on the details of the article’s allegations. But he noted that even within the LGBT community, there were differences of opinion over the right timing and tactics for pushing the issue, and that Herrera has been a leader of the fight for marriage equality since the beginning.

“I am here to speak in defense of the character and integrity of our city attorney, Dennis Herrera,” Leno said, later adding, “I do not appreciate when the battle for our civil rights is used as a political football in the waning days of an election.”

Ammiano also noted that even if Herrera raised doubts in early meetings, that was entirely appropriate given his role as city attorney. “Even if there are some questions, they’re about helping, not hurting,” he said, expressing disgust at the Newsom Administration officials for turning on someone who was instrumental to defending the decision: “In my day, you valued your friendships.”

Molly McKay, one of the original plaintiffs in the civil lawsuit that followed San Francisco’s actions, teared up as she described the ups and downs that the case took, working closely with Herrera throughout. “But this is one of the strangest twists I can imagine,” she said of the attack by the Chronicle and its anonymous sources. “It’s ridiculous and despicable.”

Representatives for both the progressive Harvey Milk LGBT Democratic Club and fiscally conservative Alice B. Toklas LGBT Democratic Club also took to the microphone together, both saying they often disagree on issues, but they were each denouncing the attack and have both endorsed Herrera, largely because of his strong advocacy for the LGBT community.

Sup. Scott Wiener called Herrera, “One of the greatest straight allies we’ve every had as a community.”

When Herrera finally took the microphone, he thanked mayoral opponents Joanne Rees and Jeff Adachi for showing up at the event to help denounce the attack and said, “This is bigger than the mayor’s race. It’s bigger than me.”

He criticized those who would trivialize this issue for petty political gain and said, “It was my pleasure and honor to have been a part of this battle from the beginning – from the beginning – and I’ll be there in the end.”

Kamala Harris likes Bob Marley and Chris Cunnie

Sasha Cuttler
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My Sublime station on Pandora just got interupted by California Attorney General Kamala Harris, telling me that she likes Jay Z, Bob Marley, and Chris Cunnie.

It was sponsored by the latter’s Sheriff campaign. I’m not surprised by the Cunnie part, but Bob Marley? With that kind of musical taste, you’d think Kamala would take a stronger stand in defense of California’s medical marijuana laws.

Bob would certainly be disappointed that she’s not standing up for our rights — and he’d probably back Ross Mirkarimi, who created San Francisco’s successful framework for dealing with the pot clubs.

Mayor Lee still moving toward showdown with OccupySF

Sasha Cuttler
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Mayor Lee still moving toward showdown with OccupySF

Mayor Ed Lee continues to insist that OccupySF break down its encampment in Justin Herman Plaza and threaten to send in riot police if that doesn’t happen, even as this week’s violent police raid on Occupy Oakland has sparked international outrage, condemnation, and solidarity with other occupations.

Reporters packed into the Mayor’s Office for a photo op with a good samaritan who recently helped rescue an injured truck driver, clearly waiting for the chance to interview Lee and Police Chief Greg Suhr about last night’s aborted police raid on the OccupySF encampment, asking repeated questions seeking to clarify Lee’s confusing political doublespeak before his communication staff shuffled him out of he room after about 10 minutes.

“I, like all of you, were watching in somewhat of very big deep concern as I saw things unveiled in Oakland, certainly in constant communication with not only our chief of police, Chief Suhr, but also all of our departments to say that’s not what we want to happen in San Francisco,” Lee began. “We’re trying to enforce all the laws here, and of course it’s public health stuff that we’re emphasizing. We need to make sure our public spaces are clean and healthy, and to protect their First Amendment rights. But we didn’t want to get into a situation where we’re just busting heads because then it’s all lost.”

Yet neither Lee nor Suhr could articulate why they think Oakland’s raid turned so violent or how to guard against a similar fate here in San Francisco, particularly because they reiterated their position that the encampment must go and held open the possibility that another police raid – there have been two so far, the second more violent than the first, and the camp has only grown in size since then – could come at any moment.

They also offered shifting explanations for last night’s massing of SFPD troops in riot gear in buses on Treasure Island, which protesters believe was turned back only because of the huge presence in the camp, which included five members of the Board of Supervisors and various labor leaders, a group that Lee says he would be meeting with shortly after the event (“We’re seeing if they’d like to propose some additional solutions,” Lee said).

When asked about plans for yesterday’s raid, Suhr initially said it was simply a normal Wednesday evening training exercise. “There were that many police amassed last Wednesday, there will be that many police amassed next Wednesday. Wednesday is a standard training day for the Police Department,” Suhr said.

But when reporters expressed skepticism – many aware of the busloads of police in riot gear massing on Treasure Island, the last minute changes in police staffing schedules, and the notices of possible police activity sent to businesses around Justin Herman Plaza – Suhr said police were preparing to either assist in Oakland or deal with trouble from OccupySF.

“Out of deference for what was going on in Oakland, we felt that the more pressing need was whether we needed to assist Oakland and/or whether that situation was going to come to us,” Suhr said. “I didn’t say it was a training exercise, we took advantage of the presence on what was training day and to train to what we may have to do down the line.”

Lee also raised the concern that violent agitators might come to San Francisco: “They had to get ready for what they saw in downtown Oakland. They had to get ready for hundreds of people coming to San Francisco, either walking over the bridge or coming through the BART system. So they were trying to get ready for that particular activity because we didn’t know what was going to happen. We saw a lot of anger and a lot of frustration by people who wanted to come over to San Francisco and we didn’t know what their intention was.”

But reporters noted that Lee ordered OccupySF to take down its encampment two weeks ago, that he told reporters this week that they must do so “within days,” and that Suhr circulated a memo in the camp yesterday entitled “You are Subject to Arrest” if they didn’t heed city codes regarding overnight camping. Given all that, we again asked if there was any intention to go into the camp last night?

“That was not our intention, but I’ve always asked the chief to be ready. I’ve been insistent that we have to be ready to enforce our laws so he’s been under that instruction for quite some time. But the tactical decisions are the chief’s responsibilities,” Lee said.

Yet later in the press conference, after Lee had left the room, Suhr made it clear that the decision about if and when to stage another raid on OccupySF is the mayor’s. “Make no mistake about it, Mayor Lee is in charge of this situation,” Suhr said.

In fact, when we asked Suhr about this constant threat of a violent police raid in the middle of the night hanging over the protesters – which is a wearying distraction from the main economic justice purpose at best, and at worst what some protesters told us was akin to psychological warfare – Suhr said that even he didn’t know when a raid might come.

“There’s nobody more anxious that I am because I don’t know when the raid is coming either, so I can attest to the fact that it makes me anxious. We are working painstakingly and patiently to make sure that area is safe and sanitary,” Suhr said.

But while Lee insists that dialogue and compromise could still avert another crackdown, he refuses to accept that occupation is a tactic that protesters aren’t likely to abandon anytime soon. So Lee’s insistence that the camp be broken down seems to be putting the city and OccupySF on a collision course that most members of the Board of Supervisors – including those sponsoring resolution urging the city to allow overnight camping – fear could be a disastrous stain on the city.

“Our message to OccupySF is we’re still wanting you to comply,” Lee said. “That’s been the consistent message we’ve been sending clearly these last couple weeks…We’re trying to ensure that [the ban on] overnight camping is still enforced, but also respecting their rights to protest.”

I and other reporters tried to push Lee on the potentially harmful standoff he was creating, and he tried to make it sound as if the OccupySF movement could avoid another police crackdown, something he said depends on protesters submitting to his demands.

“It’s optimistic on our part that we would get some sensible minds who want to help us find a way to clean up the area, because that ultimately what we want to do,” he said.

But for all his statements of support for the Occupy Wall Street movement and stated desire to avoid the violent confrontation in Oakland, he refuses to allow tents on the site.

“There’s a fine line between occupying public space within your First Amendment rights and sleeping overnight and causing health conditions that we’ve been very concerned about. So we’re going to take it step by step,” Lee said. When asked about whether tents would still be allowed if the camp was clean and otherwise compliant, he said, “We’re still saying no tents.”

So then when and how will you be enforcing that, reporters kept asking.

“Let’s see what can voluntarily be done through the dialogue that trying to establish. We’ve given them a lot of notices. I want to be sure that if we have to do things to enforce our laws, that we’re quite justified and that everybody knows,” Lee said.

Yet that was the same stance that Oakland Mayor Jean Quan took, and it’s one that she is reportedly backtracking on in the wake of the violence and international condemnation. And Lee couldn’t explain how a crackdown might go differently in San Francisco, particularly none that OccupySF has grown larger and more empowered by defying Lee’s edict for so long.

“Everyone agrees that we don’t want to Oakland situation to happen here,” Lee said, at which point Press Secretary Christine Falvey said he would take only two more questions.

“We’re putting a responsible burden on the occupiers to work with us so we can avoid situations like Oakland,” Lee said. “They have to take responsibilities for what they’ve done.”

“Frankly, it sounds like you’ve said nothing, and I think some other reporters are feeling the same way,” KCBS reporter Barbara Taylor, the senior journalist stationed at City Hall, said with a tone of exasperation. “So can you just outline, when you say to do the right thing, what is the right thing? Do you expect them to voluntarily take down the tents, clean up the camp, only be there within certain hours?”

“Yes. The right thing for them to begin showing responsibility,” Lee responded.

“But what does that mean?” Taylor persisted.

Lee said they need to clean up the camp, saying that “cleanliness has been our number one concern….They have to show signs that they’re willing to work with us.” But the protesters have been diligent about regularly cleaning the camp, and they have complied with other city requests such as no open flames. And when the city refused to make porta-potties available at night, supporters of the camp rented four of their own after the city and its daily newspapers complained about public urination and defecation.

“I’ve said all along that public safety is our number one concern,” Lee said.

Fire Chief Joanne Hayes-White reinforced Lee’s point, complaining about open flames, car batteries, and generally “unhealthy and unsafe conditions.” When we noted that the protesters have already addressed and abated many of these issues in recent days, she admitted that she hasn’t been to the site recently, but said, “The tarps and the tents are not something we’re going to tolerate.”

Suhr made it clear that police action would be done in support of other city departments who ordered hazards to be abated. As for when and how officers would do so: “If we believe we could go into the camp safely, if we think we can go in and support the agencies that will be doing the cleanup, without having to go past a measured response, we would do that,” Suhr said. “That opportunity did not present itself last night.”

And so the standoff continues.

Big victory for OccupySF, Occupy Oakland reconvenes after crackdown (VIDEO)

Sasha Cuttler
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(UPDATED/CORRECTED AT 11:30 AM)The Occupy movements in San Francisco and Oakland reportedly scored big victories last night, with huge numbers of people overcoming police crackdowns and the shutdown of public transit stations, turning back city efforts to clear the OccupySF encampment and voting in the General Assembly in Oakland to call a general strike for Nov. 2.

We’ll have a full reports later today. Occupy Oakland protesters showed up outside a cordoned-off Frank Ogawa Plaza to figure out how to respond to the previous day’s aggressive police raid, which made national news and left Iraq War veteran Scott Olsen in the hospital with a fractured skull after apparently being hit by a tear gas canister or some other projectile fired by police.

In San Francisco, Mayor Ed Lee and the SFPD threatened to shut down the OccupySF encampment over alleged public health problems – which the movement tried to address by bringing in their own porta-potties because the city refused to provide them at night – but the camp swelled with supporters. Among them were mayoral candidates John Avalos, Leland Yee, Jeff Adachi, and David Chiu, as well as Sups. Jane Kim, Eric Mar, and David Campos.

Video by Rebecca Bowe

They spoke to the crowd around 2 a.m., expressing their support and saying that neither police nor Lee had responded to requests for information about the city’s intentions. Other notables on the scene included writer Rebecca Solnit, SF Democratic Party Chair Aaron Peskin, Shawn San Liu of the Chinese Progressive Association, and local labor leaders Tim Paulson, Gabriel Haaland, and Mike Casey. Spirits were high, and protesters were ready to link arms and form a human blockade in the event that police showed up.

SF police reportedly massed nearby in the early morning hours, preparing to clear Justin Herman Plaza, and there were rumors that hundreds more were on the way. BART stations in the area were shut down to prevent more arrivals, while police in Oakland also reportedly stopped protesters there who tried to cross the bay to support OccupySF. But the raid was then reportedly called off because police were outnumbered and possibly to avoid a repeat of the violence and mass arrests that have plagued Oakland since the decision to clear the encampment there, and protesters sent out jubilant messages of victory.

Check back later for video and eyewitness details of what went down, from the the Guardian’s Rebecca Bowe (who contributed to this report) and Yael Chanoff, as well as information on what comes next. Or follow the Oakland live stream here or San Francisco live stream here.

The richest 1 percent get richer

Sasha Cuttler
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The richest 1 percent get richer

If there was any doubt in the message being sounded from the streets these days — that the richest 1 percent has been taking a disproportionate and growing share of the nation’s wealth — a long-awaited new study issued yesterday by the Congressional Budget Office makes it crystal clear.

Not only has their share of the nation’s income doubled in the last 30 years, but the report found that concentration was accelerated by a tax structure that has become steadily less progressive, allowing the very rich to keep more of the wealth that the rest of the country so desperately needs.

And the reason the tax code has become far less redistributive is because wealthy special interests have been rewriting it in their favor, and being allowed to do so by politicians in both major parties whose elections and post-service employment the wealthy sponsor.

These same politicians and the mainstream media have been trying to cast the Occupy movement as dirty, disorganized, and incoherent, but it central message — which is now being chanted in cities across the country — couldn’t be more clear and compelling.

“We are the 99 percent!” they’re shouting, a simple truth that highlights the biggest problem that our country is facing: an unfair and unsustainable consolidation of wealth, the central problem that spawns the myriad other problems we face, from underfunded schools and public infrastructure to corruption in our financial and political systems to the economic hardships that most of us face.

Politicians like Mayor Ed Lee, the clear choice of the 1 percent in this mayor’s race, can talk all he wants about “jobs” and the imperative of enforcing minor municipal codes against OccupySF, which is expecting its third raid by the police as soon as tonight. But those are meaningless abstractions compared to the simple truth that is being so clearly articulated by young people in streets.

We’re not the problem, they are. We are many, they are few. We know the truth and we aren’t giving up. Power to the people!

Mixed messages

Jesse Hawthorne Ficks
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Mixed messages

steve@sfbg.com

In San Francisco — the first major city to launch a midnight police raid to break up an Occupy encampment, which it repeated Oct. 16 — city officials are struggling with contradictions between claims of supporting the movement but opposing its tactic of occupation. Protesters have reacted to those mixed messages by erecting a growing tent city in defiance of Mayor Ed Lee’s public statements on the issue.

The situation remained fluid at Guardian press time, with OccupySF members unsure when and whether to expect another raid. That sort of standoff has repeated itself in cities around the country. But it seems particularly fraught here in the final weeks of a closely contested mayor’s race as Lee’s stated belief that “a balance is possible” is put to the test.

On Oct. 18, when hundreds of OccupySF protesters and their supporters entered City Hall to testify at the Board of Supervisors hearing — where Lee appeared for the monthly question time and was asked by Sup. Jane Kim to “describe the plan that our offices have been developing” to facilitate the OccupySF movement — it became clear there was no plan and that Lee was standing by the city’s ban on overnight camping.

“From the very beginning, I have fully supported the spirit of the Occupy movement…To those who have come today and who come day after day as part of this movement, let me say now that we stand with you in expressing anger and frustration at the so-called too big to fail and the big financial institutions,” Lee said at the hearing.

“Then don’t send the police in to destroy it,” yelled a woman from the crowd.

“Well, we are working with you,” Lee responded as Board President David Chiu banged his gavel at the interruption and said, “excuse me, you are out of order” and the packed hearing room erupted in shouts and applause at calling out the contradiction in the mayor’s position.

“Well, we are working with you. We are working with you to help raise your voice peacefully and will protect and defend your right to protest and your freedom of speech,” Lee continued, eliciting scattered groans from the crowd. “But that’s not the same thing as pitching tents and lighting fires in public places and parks that are meant for use by everyone in our city. But we can make accommodations and we have, and we can do this while not endangering public safety in any way.”

Afterward, as Lee was surrounded by a scrum of journalists asking about the issue, he made his stand even more clear. “We’re going to draw the line with overnight camping and especially structures,” Lee told reporters. Asked why the police raids have taken place in the middle of the night and why San Francisco is banning practices being allowed in other occupied cities, such as tents and kitchens, he offered only nonresponsive answers before being whisked away by his security detail.

Back inside the hearing room, Sup. John Avalos — who has led efforts to mediate the conflict and prevent police raids — called Lee’s comments “very frustrating. I’m alarmed that he is moving toward nightly standoffs with the Occupy movement.” After watching video of the chaotic Oct. 16 raid, at which several protesters were injured by police officers, Avalos called the situation “unsafe for both sides.”

Six of the 11 supervisors voiced support for OccupySF during the meeting, although Kim — who supports OccupySF and Lee’s mayoral campaign and whose District 6 includes the two protest encampments, in Justin Herman Plaza and outside the Federal Reserve — said at the hearing, “We’re all struggling to figure out the best way to accommodate it.”

Indeed, when the Guardian sought details on “the plan” Kim said she was developing with Lee, her staffers told us there was nothing in writing or major tenets they would convey. And mayoral Press Secretary Christine Falvey told us, “There’s not really a plan, per se, because the movement is so fluid,” although she confirmed that the city would not allow tents or other structures: “The tactic of camping overnight, he does not support.”

But OccupySF protesters were defiant as they streamed to the microphone by the dozens during public comment, decrying the city’s crackdown and claiming the right to occupy public spaces and to have the basic infrastructure to do so. As a woman named Magic proclaimed, “This can be a celebration or a battle, but we will not back down.”

The next afternoon, a large group of OccupySF protesters took their complaints about mistreatment by officers to the Police Commission meeting. Previously, Police Chief Greg Suhr had taken the same stance as Lee, with whom he had consulted before ordering the raid, claiming to support OccupySF but oppose overnight camping (see “Crackdown came from the top,” Oct. 11).

“We will surgically and as best as possible and with as much restraint as possible try to deal with the hazards while protecting people’s First Amendment rights,” Suhr had said, reiterating a ban on tents and infrastructure.

But by the end of the long Police Commission hearing — which was peppered by angry denunciations and chants of “SFPD where is your humanity?” — Suhr seemed to soften his position: “We have no future plans to go into the demonstration. We know that it’s for the long haul.”

OccupySF members interpreted Suhr’s remarks, which went on to raise concerns over potential future public health hazards that a growing encampment might present, as a change in the policy Lee had outlined a day earlier, erupting in the cheer, “Now that’s what I’m talking about!”

In the wake of that meeting, more than 40 tents — including a working kitchen and fully stocked medical tent — have been erected in Justin Herman Plaza, although neither the Police Department nor Mayor’s Office have answered Guardian inquiries seeking to clarify what current city policy is regarding OccupySF. But for now, protesters have declared victory over the city and are happy to be turning their full attention back toward powerful banks, corrupt corporations, and the rest of “the 1 percent.”

“I’m really proud of the OccupySF participants who went to the meeting today,” Zoe D’Hauthuille, a 19-year-old protester, told the Guardian after the Oct. 18 meeting. “I feel like they were really honest and super effective at getting people to realize that we need certain things, and that the city is violating our rights.”

Avalos offers resolution supporting OccupySF and its camp

Sasha Cuttler
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57
Avalos offers resolution supporting OccupySF and its camp

In the wake of last night’s violent police raid on the Occupy Oakland encampment (a still-tense situation that we’re now on the scene covering) and two similar late-night police crackdowns on OccupySF in recent weeks, Sup. John Avalos and co-sponsors Eric Mar and David Campos are introducing a resolution at today’s San Francisco Board of Supervisors meeting that calls for the city to explicitly allow the OccupySF encampment and its related infrastructure to remain.

That resolution (the full text follows below), which Avalos legislative aide Raquel Redondiez says will be the subject of a special hearing on Monday before being considered by the full board on Tuesday, Nov. 1, grew out of testimony from OccupySF participants that Avalos solicited at last week’s board meeting following a late night police raid on Oct. 16 that resulted in five arrests and many injuries.

As we report in this week’s paper (see “Mixed messages,” to be posted this evening, Tues/25), at that Oct. 18 board meeting, Mayor Ed Lee took the position that no tents, kitchens, or other infrastructure would be permitted, a stance that Police Chief Greg Suhr seemed to soften slightly at a raucous Police Commission hearing the next day. In the face of those mixed messages, OccupySF grew into a full-blown tent city in Justin Herman Plaza and there have been no real conflicts with police since.

Both the San Francisco Police Department and the Mayor’s Office were slow to respond to messages we left all week seeking to clarify the city’s policy toward OccupySF, but both finally got back to us last night after the article had gone to press.

SFPD spokesperson Daryl Fong told us, “We’re still currently doing daily safety inspections at Justin Herman Plaza and continuing to provide leafletting…We’re educating the campers about violations and concerns for public safety,” such as unsanitary conditions or unsafe camping structures.

But he said OccupySF hasn’t been given any deadlines for removing structures and there are no current plans for another raid. “Our goal is to get compliance from the campers voluntarily,” he said. “This situation is being continually monitored as it progresses.”

When we asked the Mayor’s Office about the contradiction being Lee’s stance and the city’s reaction to the growing tent city, Press Secretary Christine Falvey wrote, “The mayor’s position on Occupy SF has not changed. He has directed his departments to facilitate peaceful protest, but not allow structures, tents, or a permanent campsite. He wants to ensure the area is safe for demonstrators and the general public. If you have been to the site, you may have seen the Fire and Public Health Departments conducting inspections for public health and safety concerns and you may have seen Recreation and Park and Police staff informing people of the parks and public safety codes that prohibit camping equipment. Individuals are being informed daily of this and the city’s Homeless Outreach Team is offering services to anyone in the area who may need it. The policy stands and departments are educating the group about what is and is not allowed and the mayor expects those who want to use the space to protest, to follow the rules.”

But OccupySF protesters say they have no intention of leaving the space, believing it’s their right to be there as part of a national movement spotlighting the greed and corruption of the wealthiest 1 percent of Americans. And when I told Falvey that the encampment seems to defy the mayor’s stated position, she wrote, “The mayor has asked several departments to enforce the existing codes, and I understand a number of informational contacts have gone out daily to educate those using the plaza about what is allowable in addition to Fire and Public Health inspections to make sure open flames or dangerous materials are not being used or stored at the site.”

I told her that didn’t address my question, and I asked for a reaction to the Avalos legislation that would explicitly allow “tents, tarps, First Aid supplies, environmentally clean and fire-safe energy sources, and the ability to store, prepare, and serve hot food,” which is the reality now on the ground. I’ll update this post when I get a response.

In the meantime, here’s the full text of the resolution:

[Expressing Support for Occupy Wall Street Protest Movement and the People’s Right to Peaceful Assembly in San Francisco]

Resolution Supporting the Occupy Wall Street Protest Movement and Urging Mayor Lee to Uphold People’s Right to Peaceful Assembly and Collaborate with Occupy SF to Ensure Safety of the Protestors, their Supporters, and the Greater Public.

WHEREAS, “Occupy Wall Street” was formed by a broad spectrum of people coming together to protest the corporate-serving economic and political system controlled by the 1 percent, profiting at the expense of 99 percent of the people; and

WHEREAS, Three years after the current financial crisis caused by Wall Street speculators and profiteers, the unemployment rate in the United States is still at the highest level since the Great Depression with the unemployment rate in San Francisco currently at 8.3 percent; and,

WHEREAS, The United States’ major banking institutions, which have been bailed-out by the government and United States taxpayers, have done little to prevent massive foreclosure of residential properties or support the revitalization of local economies by sustaining small businesses; and,

WHEREAS, Since 2008, there have been 1.2 million foreclosures in California, with 12,410 homes in San Francisco alone; and,

WHEREAS, The “Occupy Wall Street” protest movement has struck a chord with the people of the United States and around the world, inspiring over 900 similar protests and solidarity actions across the country, where tens of thousands of people have come out to express their deep indignation against Wall Street greed and systemic socio-economic injustices; and,

WHEREAS, The “Occupy” demonstrations are a rapidly growing movement of people from all walks of life with the goal of occupying public space in order to create a shared dialogue and assert demands for economic justice; and,

WHEREAS, The “Occupy” demonstrations have been supported by the California Nurses Association/ National Nurses Association, American Federation of Labor -Congress of Industrial Organizations, Change to Win, International Longshore and Warehouse Union-International, Teamsters Joint Council 7, Services Employees International Union, Laborers International Union of North America, and many others; and,

WHEREAS, The OccupySF demonstrations began in September with small gatherings of people and have since grown and gained supported from thousands of individuals, community and faith-based organizations, and unions; and,

WHEREAS, On October 12, a 500-person march and civil disobedience organized by local community groups received national media attention, exposing the struggles of San Francisco residents against foreclosure, corporate control, and spiraling unemployment; and,

WHEREAS, The October march and protest action culminated in civil disobedience and, despite the arrest of 11 people, lacked any antagonistic conflict between the police and protestors; and,

WHEREAS, Similar to demonstrations in hundreds of cities across the United States, OccupySF demonstrators are asserting their rights to free speech and peaceful assembly 24 hours a day, seven days a week, in order to create public dialogue around corporate control of the political process and public space; and,

WHEREAS, Numerous and various groups continue to join the protesters at OccupySF, including an interfaith clergy contingent and the California Nurses Association, which has set up a First Aid tent to support the protestors and help ensure public safety; and,

WHEREAS, The City of San Francisco has a right and duty to ensure the safety and security of the general public including the protestors and their supporters; and,

WHEREAS, Since the beginning of the protest, City actions have resulted in the confiscation of food, tents, sleeping bags, and other belongings from the OccupySF demonstrators as well as causing preventable injuries and arrests; and,

WHEREAS, The City has a lengthy and proud history of political protest and has upheld the rights of people to free speech, freedom of assembly, and peaceful protest; and,

WHEREAS, With clear leadership from the Mayor, City departments can set a tone of cooperation and collaboration with OccupySF protestors and supporters, help mitigate harm, and address any public safety, health and sanitation concerns, all while avoiding unnecessary conflict; now, therefore, be it

RESOLVED, That the Board of Supervisors supports the Occupy Wall Street protest movement and the rights of all who protest to assemble peacefully and enjoy free speech in the City and County of San Francisco; and, be it

FURTHER RESOLVED, That the Board of Supervisors recognizes that Free Speech and Freedom of Assembly should not be limited to daytime nor short-term activities and we deem the need of protesters to have tents, tarps, First Aid supplies, environmentally clean and fire-safe energy sources, and the ability to store, prepare, and serve hot food reasonable; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges the Mayor, the Police Department, and other City agencies to uphold the rights of protestors to political speech and public assembly, and to recognize that the full exercise of such rights requires that participants are able to attend to the needs of everyday life, and have a space free from harassment; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges Mayor Ed Lee to direct the Recreation and Park Department, the Department of Public Works, the Police Department, and other City agencies, as relevant, to be flexible and to collaborate with protestors for the safe sharing of public spaces, in which demonstrators can exercise their political rights and the City can address legitimate safety concerns while avoiding unnecessary antagonism; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges Mayor Ed Lee, in order to prevent further harm and conflict to any members of the public, including protestors of OccupySF, to direct the Police Department to ensure that there will be no use of force to dislodge the OccupySF demonstrators and confiscate their belongings.

The selling of Ed Lee

Jesse Hawthorne Ficks
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0
The selling of Ed Lee

steve@sfbg.com

Ed Lee has gone through a remarkable makeover in the last year, transformed from the mild-mannered city bureaucrat who reluctantly became interim mayor to a political powerhouse backed by wealthy special interests waging one of the best-funded and least transparent mayoral campaigns in modern San Francisco history.

The affable anti-politician who opened Room 200 up to a variety of groups and individuals that his predecessor had shut out — a trait that won Lee some progressive accolades, particularly during the budget season — has become an elusive mayoral candidate who skipped most of the debates, ducked his Guardian endorsement interview, and speaks mostly through prepared public statements peppered with contradictions that he won’t address.

The old Ed Lee is still in there somewhere, with his folksy charm and unshakable belief that there’s compromise and consensus possible on even the most divisive issues. But the Ed Lee that is running for mayor is largely a creation of the political operatives who pushed him to break his word and run, from brazen power brokers Willie Brown and Rose Pak to political consultants David Ho and Enrique Pearce to the wealthy backers who seek to maintain their control over the city.

So we thought it might be educational to retrace the steps that brought us to this moment, as they were covered at the time by the Guardian and other local media outlets.

Caretaker mayor

The story begins quite suddenly on Jan. 4, when the Board of Supervisors convened to consider a replacement for Gavin Newsom, who had been elected lieutenant governor but delayed his swearing-in to prevent the board from choosing a progressive interim mayor who might then have an advantage in the fall elections. Newsom and other political centrists insisted on a “caretaker mayor” who pledged to vacate the office after serving the final year of the current term.

It was the final regular meeting of the old board, four days before the four newly elected supervisors would take office. What had been a bare majority of progressive supervisors openly talked about naming former mayor Art Agnos, or Sheriff Michael Hennessey, or maybe Democratic Party Chair Aaron Peskin as a caretaker mayor.

When then-Sup. Bevan Dufty said he would support Hennessey, someone Newsom had already said was acceptable, the progressive supervisors decided to coalesce around Hennessey. That was mostly because the moderates on the board had suddenly united behind a rival candidate who had consistently said didn’t want the job: City Administrator Ed Lee.

Board President David Chiu was the first in the progressive bloc to breaks ranks and back Lee, saying that had long been his first choice. Dufty became the swing vote, and he abstained from voting as the marathon meeting passed the 10 p.m. mark, at which point he asked for a recess and walked down to Room 200 to consult with Newsom.

At the time, Dufty said no deals had been cut and that he was just looking for assurances that Lee wouldn’t run for a full term (Dufty was already running for mayor) and that he would defend the sanctuary city law. But during his endorsement interview with the Guardian last month, he confessed to another reason: Newsom told him that Hennessey had pledged to get rid of Chief-of-Staff Steve Kawa, a pro-downtown political fixer from the Brown era who was despised by progressive groups but liked by Dufty.

Chiu and others stressed Lee’s roots as a progressive tenants rights attorney, the importance of having a non-political technocrat close the ideological gap at City Hall and get things done, particularly on the budget. So everyone just hoped for the best.

“Run, Ed, Run”

The drumbeat began within just a couple months, with downtown-oriented politicos and Lee supporters urging him to run for mayor in the wake of a successful if controversial legislative push by Lee, Chiu, and Sup. Jane Kim to give million of dollars in tax breaks to Twitter and other businesses in the mid-Market and Tenderloin areas.

In mid-May, Pak and her allies created Progress for All, registering it as a “general civic education and public affairs” committee even though its sole purpose was to use large donations from corporations with city contracts or who had worked with Pak before to fund a high-profile “Run, Ed, Run” campaign, which plastered the city with posters featuring a likeness of Lee.

Initially, that campaign and its promotional materials were created by Pak (who refuses to speak to the Guardian) and political consultant Enrique Pearce (who did not return calls for this article) of Left Coast Communications, which had just run Kim’s successful D6 victory over progressive opponent Debra Walker, along with Pak protégé David Ho.

During that campaign, the Guardian and Bay Citizen discovered Pearce running an independent expenditure campaign called New Day for SF, funded mostly by Willie Brown, out of his office, despite bans of IEs coordinating with official campaigns. That tactic would repeat itself over the coming months, drawing criticism but never any sanctions from the toothless Ethics Commission. Pearce was hired by two more pro-Lee IEs: Committee for Effective City Management and SF Neighbor Alliance, for which he wrote the book The Ed Lee Story, a supposedly “unauthorized biography” filled with photos and personal details about Lee.

Publicly, the campaign was fronted by noted Brown allies such as his former planning commissioner Shelly Bradford-Bell, Pak allies including Chinatown Community Development Center director Gordon Chin, and a more surprising political figure, Christina Olague, a progressive board appointee to the Planning Commission. She had already surprised and disappointed some of her progressive allies on Feb. 28 when she endorsed Chiu for mayor during his campaign kickoff, and even more when she got behind Lee.

Olague recently told us the moves did indeed elicit scorn from some longtime allies, but she defends the latter decision as being based on Lee’s experience and willingness to dialogue with progressives who had been shut out by Newsom, noting that she had been asked to join the campaign by Chin. Olague also said the decision was partially strategic: “If we get progressives to support him early on, maybe we’ll have a seat at the table.”

Right up until the end, Lee told reporters that he planned to honor his word and not run. During a Guardian interview in July when we pressed him on the point, Lee said he would only run if every member of the Board of Supervisors asked him to, although about half the board publicly said that he shouldn’t, including Sup. Sean Elsbernd, who nominated him for interim mayor.

And then, just before the filing deadline in early August, Lee announced that he had changed his mind and was running for mayor, the powers of incumbency instant catapulting him into the frontrunner position where he remains today, according to the most recent poll by the Bay Citizen and University of San Francisco.

Lee the politician

With his late entry into the race and decision to forgo public financing and its attendant spending limits, one might think that Lee would have to campaign aggressively to keep his job. But most of the heavy lifting has so far been done by his taxpayer-financed Office of Communications (which issues press releases at least daily) and by corporate-funded surrogates in a series of coordinated “independent” groups (see Rebecca Bowe’s story, “The billionaires’ mayor”).

That has left Lee to simply act as mayor, where he’s made a series of decisions that favor the business community and complement the “jobs” mantra cited relentlessly by centrist politicians playing on people’s economic insecurities.

Yet Lee has been elusive on the campaign trail and to reporters who seek more detailed explanations about his stands on issue or contradictions in his positions, and his spokespersons sometimes offer only misleading doublespeak.

For example, Lee’s office announced plans to veto legislation by Sup. David Campos that would prevent businesses from meeting their city obligation to provide a minimum level of employee health benefits through health savings accounts that these businesses would then pocket at the end of the year, taking $50 million last year even though some of that money had been put in by restaurant customer’s paying 5 percent surcharges on their bills.

Although Campos, the five other supervisors who voted for the measure, four other mayoral candidates, and its many supporters in the labor and consumer rights movements maintained the money belonged to workers who desperately needed it to afford expensive health care, the San Francisco Chamber of Commerce said it was about “jobs” that would be protected only if businesses could keep that money.

Lee parroted the position but tried to push the political damage until after the election, issuing a statement entitled “Mayor Lee Convenes Group to Improve Health Care Access & Protect Jobs,” saying that he would seek to “develop a consensus strategy” on the divisive issue — one in which Campos said “we have a fundamental disagreement” — that would take weeks to play out.

After a frustrating back-and-forth with Lee Press Secretary Christine Falvey by email, it’s still unclear how to resolve the contradiction between whether businesses could seize these funds or whether they belonged to employees, with her latest statement being, “The Mayor absolutely wants these funds spent on providing access to quality primary and preventative health care because this is the business’s obligation under HCSO. Making sure that these funds go to pay for health care is the most important objective.”

Similarly, when police raided the OccupySF encampment on Oct. 5, Lee’s office issued a statement that was a classic case of politicians trying to have it both ways, expressing support for the movement and its goal to “occupy” public space, but also supporting the need to police to clear the encampment of those same occupiers.

But now, in the wake of a repeat raid on Oct. 16 that has inflamed passions on the issue, the question is whether Lee can run out the clock and retain the office he gained on the promise of being someone more than a typical politician.

Line blurred between Ed Lee campaign and “independent” expenditures

Sasha Cuttler
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28
Line blurred between Ed Lee campaign and “independent” expenditures

From the public’s perspective, it’s hard to tell where the official Ed Lee for Mayor campaign – with its $500 limit on campaign donations – ends and where the various independent expenditure campaigns that we cover in this week’s issue begin. And that’s a problem given their ability to raise cash in unlimited amounts, coordinate with one another, and essentially act in concert with the official campaign.

For example, when San Francisco voters recently got telephone calls that began, “Hi, how are you? May I speak with ______. My name is ______ and I am a volunteer for Mayor Ed Lee. Will you support Mayor Ed Lee this upcoming election?”

The average voter would probably assume that the caller was a volunteer for the Lee campaign, but the phone banking was actually done by a group called Committee for Effective City Management, although that was never identified in the script that it was required to file with the Ethics Commission.

Campaign consultant David Looman, who runs the group, disputed that interpretation, telling us, “It doesn’t present as part of the campaign.” When we noted that was the obvious impression it left, he still wouldn’t budge, “It doesn’t say I’m a part of the campaign or anything of the sort.” When we asked whether they are required to identify themselves as an independent expenditure, he responded, “I’m not clear about that.”

Ethics Commission Executive Director John St. Croix said it is a clear violation of the law for an IE to identify itself as part of the official campaign. When he read him the script, he responded, “I don’t like it, but I can’t say off the top of my head it’s absolutely a violation because that isn’t the exact name of the campaign, which is Ed Lee for Mayor 2011.”

But clearly, voters are left with the impression that it’s a Lee campaign volunteer calling, right? “I think that’s a legitimate layman’s perspective on this, yes,” St. Croix responded.

Will the Ethics Commission do anything about this, or the numerous other campaign finance law violations that CitiReport, Bay Citizen, and other media outlets have been unearthing? Don’t bet on it, particularly because of the commission’s history of ignoring problems and overcomplicating its role in watchdogging even the most obvious violations.

For example, at tonight’s Ethics Commission hearing, the body is considering relaxing rules that require the reporting of big campaign finance expenditures within 24 hours, pushing that requirement back to the last week before the election — right after the Guardian’s final pre-election issue hits the streets. 

OccupySF appeals to City Hall, but the standoff continues

Sasha Cuttler
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40
OccupySF appeals to City Hall, but the standoff continues

Frustrated by repeated late-night police raids on their encampments and empty statements of support by top city officials, hundreds of protesters with OccupySF entered City Hall today – under the watchful eyes of a large police presence with riot gear at the ready – to testify at today’s Board of Supervisors meeting.

The meeting began with the scripted monthly question time session with Mayor Ed Lee, who was asked by Sup. Jane Kim – whose District 6 includes the OccupySF encampment, which she visited for a couple hours last night – to “describe the plan that our offices have been developing” to facilitate the OccupySF movement.

But in Lee’s response and in exchanges with journalists after the meeting, as well as Guardian interviews with people in both offices, it doesn’t seem city officials have a coherent plan for carrying out Lee’s contradictory goals of supporting the Occupy movement and keeping sidewalks and parks clear of encampments.

Kim seemed to acknowledge as much later in the meeting when she said voiced support for OccupySF and for city officials who object to tents, kitchens, and other basic infrastructure that the month-old movement needs to continue. “We’re all struggling to figure out the best way to accommodate it,” she said.

Lee’s message was even more muddled, saying he supported the movement and agreed with its economic justice message. “From the very beginning, I have fully supported the spirit of the OccupySF movement,” Lee told the crowd, transitioning into reciting a litany of economic development efforts with little relevance to the demands of the movement.

“Then don’t send the police in to destroy it,” a protester shouted from the audience, which was filled to capacity and had a line out front and an overflow room. “We are working with you,” Lee responded, but then went on to complain about the lack of consistent contacts in the leaderless movement and emphasizing his bottom line that any kind of encampment with infrastructure is an impermissible violation of city codes.

“I need to make sure our public spaces are open to be used by anyone,” he said. Later, his Press Secretary Christine Falvey clarified the mayor’s stance by saying he supports the message but not the movement: “The tactic of camping overnight, he does not support.”  

Afterward, talking to reporters, Lee couldn’t really explain why the police needed to do their raids in the middle of the night, why San Francisco is cracking down on conditions that are being allowed in many other Occupy cities, or how the movement might be able to avoid future crackdowns if it continues, ignoring questions about where OccupySF might be able to go to avoid police raids.

Sup. John Avalos, who has been working to try to mediate the dispute between OccupySF and the city, responded to Lee’s speech by calling it “very frustrating. I’m alarmed that he is moving toward nightly standoffs with the Occupy movement.” Avalos says he supports protesters’ right to peacefully occupy public spaces and acknowledges their need for basic supplies to do so, calling the current standoff, “unsafe for both sides.”

“I’m proud to say that we are the 99 percent,” Sup. Eric Mar said, echoing the movement’s mantra and saying he would defer to Avalos’ leadership to create a “resolution strongly holding the police accountable for the crackdowns.”

Avalos had invited OccupySF participants to raise their concerns during the public comment portion of the meeting, and he said that he plans to use their input to form a resolution or plan for how the city should accommodate a movement that six of the 11 supervisors professed to support at the meeting.

When the long line of OccupySF protesters finally took to the microphone for public comment, they made it clear that the issue wasn’t as complicated as some city officials were trying to make it.
“It is outrageous and inhumane to see our camp raided in the middle of the night by San Francisco Police,” Magic, a middle-aged woman and lifelong activist, told the supervisors, closing with, “This can be a celebration or a battle, but we will not back down.”

Several speakers were dismissive of city claims to be protecting public health and safety, noting how dangerous the midnight confrontations have been, saying food and shelter are basic human needs, and noting how peaceful and cooperative OccupySF has been with the escalating series of city demands as the protest’s numbers have grown.

Michael Goldman said police have asked them to return to the sidewalk in front of the Federal Reserve, where they are densely packed in what he called unsafe conditions. “We have too many people to fit in front of 101 Market,” he said.

That was what prompted the move to nearby Justin Herman Plaza, where police cracked down Sunday night, citing a violation of the park’s 10 pm curfew. Another protester who works at the Ferry Building angrily noted that even before OccupySF began, he regularly watched city crews chase the homeless away from the site at 3 am with water trucks.

“We are a peaceful and nonviolent people and we do not deserve to be treated this way by our city and our country,” he said.  

“They were waiting to be talked to and not just run over by the police,” said iconic San Francisco activist Father Louie Vitale, who gestured to the waiting protesters and said, “We’re very proud of these people, very proud.”

It was a point echoed by others like local resident Andy Blue, who said, “They are doing a great service to this city and the world.”

BREAKING: Police threaten another OccupySF raid

Sasha Cuttler
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4

After moving yesterday from the sidewalk in front of the Federal Reserve into nearby Justin Herman Plaza, the OccupySF encampment is again being threatened by the San Francisco Police Department, which is telling the group the city will enforce the nighttime curfew on the park and protesters must disperse. Sup. John Avalos is trying to mediate the conflict and Guardian news intern Yael Chanoff is covering the situation from the scene. Check back in the morning for a full report on this and other developments in the Occupy movement and its many manifestations around the world.

UPDATE: During an impromptu General Assembly, OccupySF votes to peacefully defy the police and not take down the camp as ordered. You can follow live video of the action here.

Homeless families in SF hits record high

Sasha Cuttler
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10
Homeless families in SF hits record high

The number of homeless families awaiting shelter space in San Francisco has reached an all-time high, and homeless advocates say city officials are ignoring the problem, which can have disastrous consequences when parents are forced to choose among bad options out of desperation.

Compass Connecting Point, a nonprofit agency with a city contract to provide homeless services and outreach, reports that 227 families – including 342 children – are now on a waiting list for temporary housing, with waits of at least six months. That’s 13 more families than the previous peak during the height of the recession in 2009.

“We’re seeing an increase in families coming in for the first time,” Elizabeth Ancker, an assistant program manager for the agency, told us. “There is definitely not enough shelter space.”

That’s been a complaint from a variety of homeless individuals and advocates who note that the city has reduced the number of shelter beds due to budget cuts at a time when they are needed more than ever. And a fall ballot measure that would have freed up shelter beds that have been set aside for Care Not Cash recipients and other mayoral pet projects was removed from the November ballot under pressure from Mayor Ed Lee.

“A couple weeks ago, it was the largest number [of homeless families on shelter waiting lists] since the recession first hit, and now it’s just the largest number overall,” Jennifer Friedenbach, executive director of the Coalition on Homelessness, told us. “We’re really concerned and we’re particularly concerned that there has not been any kind of response from the city…The most eerie part is the absolute silence from Room 200.”

Indeed, even the Guardian’s repeated requests for comment from the office of Mayor Ed Lee (aka Room 200) have not yielded any answers or explanations. Friedenbach said Lee’s promise to release more shelter beds from mayoral programs like CNC and the Community Justice Court – where they often go unused despite long shelter waiting lists – have only freed up a few beds, nowhere near the actual demand.

“They’re ignoring the problem,” she said. “What’s happening in San Francisco is a mirror of what’s happening nationally to poor families.”

Some studies place the number of homeless children in the U.S. at 1.5 million, although most advocates believe that number has actually risen in the last two years. Meanwhile, the budgets of nonprofits and government agencies who provide homeless services have been shrinking.

Ancker said her agency – which provides a variety of homeless services and gets partial funding from the city and the U.S. Department of Housing and Urban Development – has actually avoided deep budget cuts in the last two years. “But we have the budget we had when we had 79 families on the waiting list,” she said.

Both she and Friedenbach say homeless families present particular challenges for social service agencies. “What happens with families is they end up being in really unsafe situations,” Friedenbach said. “They’ve forced to stay with people they otherwise wouldn’t, or they end up in their cars, or with children being separated from their parents.”

Ancker agreed: “Right now, the wait for a shelter is six months and increasing, and people can’t wait for six months.”

Why are Harris, Newsom, and other pols silent on the federal pot crackdown?

Sasha Cuttler
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24
Why are Harris, Newsom, and other pols silent on the federal pot crackdown?

UPDATED BELOW As I worked on this week’s story about the federal crackdown on California’s marijuana industry, I tried to get a statement from California Attorney General Kamala Harris. After all, it’s her job to defend California’s medical marijuana laws, which she was fairly supportive of as our district attorney. And she was an early Barack Obama backer who could probably get him or U.S. Attorney General Eric Holder on the phone to say, “What the hell are you guys doing? Please, for your own sake and California’s, just back off.”

After all, as I reported, this multi-agency federal crackdown could destroy a thriving industry that is pumping billions of dollars into California’s economy and employing tens of thousands of people – at a cost of many millions of dollars in enforcement costs to simply destroy the state’s top cash crop, ruin the lives of people working in the industry, and strain our already overtaxed court and prison systems.

“It’s a policy with no upsides and all downsides,” Steve DeAngelo of Harborside Health Center correctly told me.

But when I finally got Harris’ Press Secretary Lynda Gledhill on the phone, she said Harris had nothing to say on the issue. “Nothing?” I asked, “Really?” What about off-the-record, I asked, how does she feel about it and might she make some statement in the future. Again, nothing to say, no comment.

So I tried Lieutenant Governor Gavin Newsom, another San Franciscan who as mayor helped oversee the creation of the city’s widely lauded system for regulating the dispensaries, which by all accounts has made it a legitimate and thriving member of the business community. Given Newsom’s current obession with job creation and how hungry he’s been for attention, surely he’d have something to say in defense of the good jobs that this sustainable industry has created in California. Again, nothing. I haven’t even gotten a call back yet from his press secretary, Francisco Castillo.

Also, no public statements have been issued by Mayor Ed Lee, David Chiu, or most other mayoral candidates who have put “jobs” at the center of their agendas – or from the SF Chamber of Commerce or other business groups that regularly deride bad government actions as “job killers – despite this move by the Obama Administration to destroy an important industry in California.

The only major politician from San Francisco (SEE UPDATE BELOW) to come out strongly against the federal crackdown was Assemblymember Tom Ammiano, author of measures to legalize and tax marijuana, who put out the following statement: “I am bitterly disappointed in the Obama Administration for this unwarranted and destructive attack on medical marijuana and patients’ rights to medicine.  Today’s announcement by the Department of Justice means that Obama’s medical marijuana policies are worse than Bush and Clinton.  It’s a tragic return to failed policies that will cost the state millions in tax revenue and harm countless lives. 16 states along with the District of Columbia have passed medical marijuana laws – whatever happened to the promises he made on the campaign trail to not prosecute medical marijuana or the 2009 DOJ memo saying that states with medical marijuana laws would not be prosecuted?  Change we can believe in?  Instead we get more of the same.”

But from most of the politicians who claim to support both jobs and the right of patients to access medical marijuana, we also get more of the same. They pander to people’s economic insecurities in order to give corporations and wealthy what they want – tax cuts, deregulation, union-busting, corporate welfare — but aren’t willing to risk any political capital defending the rest of us.

UPDATE (11/13): San Francisco’s other two representatives in the Legislature have also criticized the crackdown.

 

Sen. Leland Yee put out a statement saying: “Medical marijuana dispensaries are helping our economy, creating jobs, and most importantly, providing a necessary service for suffering patients. There are real issues and real problems that the US Attorney’s Office should be focused on rather than using their limited resources to prosecute legitimate businesses or newspapers. Like S-Comm, our law enforcement agencies – both state and local – should not assist in this unnecessary action. Shutting down state-authorized dispensaries will cost California billions of dollars and unfairly harm thousands of lives.”

Sen. Mark Leno, another medical marijuana support, also criticized the move. He told the Los Angeles Times, “”The concern here is that the intimidation factor will directly impact safe and affordable access for patients.” And he told Associated Press, “”I don’t understand the politics of it, and certainly if we haven’t learned anything over the past century, it’s that Prohibition does not work.”

Strive to fail

Andrew Lam
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0
Strive to fail

steve@sfbg.com

LIT As I watched Occupy Wall Street grow and spread to other cities in recent weeks, I’ve been alternating between reading two books by familiar figures — a pair of fearless entities that have helped pry open public spaces using the simple weapon of creative expression — and I’m struck by the lessons they offer at this strangely hopeful moment in our history.

Together, they’re like a one-two punch to the status quo and to the notion that we’re all essentially prisoners of the existing political and economic systems. They encourage their readers to strive for impossible goals, to be guided by something bigger than our tiny selves, and to embrace failure rather than fearing it. These are the same ideas embodied by protesters occupying the streets of San Francisco and other major U.S. cities, this sense that they have nothing to lose by making a stand now but everything to lose by continuing to be obedient to the powerful forces that seek to dampen their spirits and rob them of their futures.

The Reverend Billy Project: From Rehearsal Hall to Super Mall with the Church of Life After Shopping is by Savitri D and Billy Talen, the couple behind the performance art church that critiques hyper-capitalism by doing exorcisms and other telling rituals in banks, chain stores, and other examples of what they call the “devil monoculture.”

So the Occupy Wall Street movement that began Sept. 17 in their adopted hometown of New York City is right in their sweet spot. They’ve been down there almost every day delivering sermons, songs, and support — Savitri D as the group’s stage manager and creative director and Talen as his alter ego, Rev. Billy, the evangelical pastor of a large flock of creative activists they’re organized into a choir.

“It feels like the culture is breaking open,” Talen told me by phone as he surveyed the scene at Occupy Wall Street. “These kids are really going for it.”

I’ve long been an admirer of their work and I included Billy as a character in my own book, The Tribes of Burning Man: How an Experimental City in the Desert is Shaping the New American Counterculture, along with longtime burner and San Francisco-based showman Chicken John Rinaldi, the author of the other book I’m discussing.

The Book of the IS: Fail…TO WIN! Essays in engineered disperfection was launched by Chicken and the eclectic group of culture-shakers in his orbit during a spectacular free party on Sept. 30. The 111 Minna Gallery contained 50 unique, custom-designed covers to his already well-designed book, selling for a whopping $250 each — and they sold out! Outside, the closed-off alley was filled with variety acts, strange artsy spaces to explore, a buzzing Tesla-coil tree, and hundreds of people.

Both Chicken and Billy have run for mayor in their respective cities, Chicken in 2007 and Billy in 2009, both injecting art and unconventional creativity into their campaigns. Ironically, it is Chicken who discusses his campaign at some length in his book, despite his basic disdain for politics, while Billy and Savitri — whose art is performed in service of political principles they hold dear — don’t include the campaign in their book.

“We believe that the five freedoms of the First Amendment — religion, speech, press, assembly, and petition — that you need to have these freedoms flourish in public spaces, and that has been shut down in New York City since 9/11,” Billy told me from Occupy Wall Street. “We’ve suffered a loss of our public spaces in New York, and to have all these young people open that back up is very exciting.”

But it wasn’t the politics of their books that struck me as much as their sense of possibility and the way they agitate for a new kind of world. Chicken didn’t run for mayor to win or even to make a political statement. He ran because he sees San Francisco as a “city of art and innovation,” and because then-Mayor Gavin Newsom was more focused on keeping the real estate market booming than keeping the city a fun and interesting place.

“No one was stepping up to challenge him, because no one could beat him. It was in the bag. But Gavin didn’t represent San Francisco very well in a few key departments, and I wished that someone would provide a referendum on the values of the city. Or something. Whatever else it was, running for Mayor was an opportunity to bring my shtick to a bigger stage,” Chicken wrote.

And Chicken’s shtick was the show, his raison d’etre, the need to create culture that drove the various pursuits that he chronicles in his book, from his adventures with the Cacophony Society to his touring with Circus Redickuless and the hardcore punk Murder Junkies to piloting a fleet of boats built from garbage to hosting strange spectacles at his Odeon Bar.

“I mean it’s all a show, of course. And all shows are just stories. And in the end, it’s all the same story,” Chicken wrote. And that story is about what it means to be human, to strive for something authentic and important in this mediocre, manufactured culture that corporations create for us, to reach so far for that truth that we fail — in the process touching the divine, or achieving what Chicken calls Severe Comedy — and then to start that process all over again.

“You can never really say you gave your all unless you fail,” Chicken tells me, recognizing that same spirit in the Occupy Wall Street movement. “I think we’re literally witnessing history in the making. This is the dawn of new ideas.”

That same spirit has animated the work of Billy and Savitri, and their book tells stories from their many demonstrations and events from around the world, ping-ponging between their two perspectives on what happened. Some actions are well-planned and meticulously rehearsed, other more impromptu, like leading a group from a talk they gave in Barcelona to a nearby Starbucks to lick all the surfaces and take it into their bodies.

“Now! Now! Let your body tell you. Do you accept or reject this devil chain store? Will you allow the alien corporation Starbucks to come into your body, into your neighborhood, into your town? Do you accept the devil chain store?” Billy preached.

In reading their books, I got the sense that they didn’t always know what they were doing, that they were just acting, trying to stay in motion, to just do something and figure out what it really means later. Chicken even confirmed the observation when we spoke: “I never have any clue what the fuck I’m doing.”

But that’s okay. Maybe a lot the kids on Wall Street and in front of Federal Reserve building in San Francisco don’t know what the fuck they’re doing either. But, in the face of the greed and corruption that plague our economic and political systems, at least they’re doing something. And even if they fail — maybe especially if they fail big — we’re a better and more interesting country because of their efforts.

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