Steven T. Jones

Crackdown came from the top

8

steve@sfbg.com

The decision to raid the OccupySF protest camp in the middle of the night Oct. 5 was approved by Mayor Ed Lee and Police Chief Greg Suhr — and involved a more aggressive approach to limiting protest activities than authorities in any other major city have undertaken.

Both Lee and Suhr insist that they support the protesters right to free speech. But the raid was more than a modest effort to get a propane stove turned off or to bring food preparation up to health codes.

The move only served to galvanize the movement and increase its numbers. And both police and protesters say they expect this occupation to continue for a long time.

Suhr told the Guardian that the decision to move into the encampment and seize its supplies was made after consultation with the Fire Department, Department of Public Health, and the Mayor’s Office. While DPH expressed concerns about food preparation on the site, Suhr said health officials never asked the police to shut the kitchen down. The Fire Department was another story.

“There was open flame, propane, and tons of fuel, near plywood. The Fire Department told us there as a fire danger,” Suhr told us. “Deputy Chief Cashman made the call that we would go move the people away from the fuel.”

Suhr said Mayor Ed Lee gave the okay to remove public safety hazards, but said the protest itself shouldn’t be interfered with. “In San Francisco, protesters are acting within their First Amendment right to free speech and freedom to assemble. While allowing for peaceful protests, we also must ensure that our streets and sidewalks remain safe and accessible for everyone,” Lee said in a public statement, although his office has not responded to a list of questions about the decision and its implications.

After all, the tents and other shelters were hardly a hazard to anyone; leaving the activists out in the rain with no tents was, strictly speaking, more of a health issue.

A movement that calls for the indefinite occupation of public spaces to protest corporate greed is bound to continue to cause conflicts with local ordinances and property interests, something that Suhr acknowledged. “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 said.

He objected to the notion that there was a police crackdown on the protest. “They’re occupying it now, and they’re probably going to be there was a long time,” Suhr said. “We haven’t arrested one demonstrator. The only person arrested punched a cop and then threatened to kill him afterward.”

But Sup. John Avalos, the one major mayoral candidate to show up during the raid and try to mediate the conflict, said he’s disappointed with the city’s stance. “This is not the San Francisco that I know. This is not the San Francisco I love. This City has served as a sanctuary for free speech and assembly for generations, and we must protect that legacy,” Avalos said in prepared statement that he closed with, “This should be a city for the rest of us — for the 99 percent. I stand with Occupy SF.”

Even Suhr said that the SFPD has no intention of removing the protesters from their perch in front of the Federal Reserve, and will continue safeguarding regular OccupySF marches, telling us, “We will continue to facilitate this.”

“They got everything out of there so we could start over,” Suhr said the encampment’s kitchen and other hazards. “This demonstration isn’t going away. I think people are justifiably upset by this issue nationally.”

Chronicle taps Chiu, opening up the mayoral field

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David Chiu has snagged the mayoral endorsement of the San Francisco Chronicle, beefing up his fairly paltry list of endorsers and giving his campaign something to trumpet with its hefty cash reserves in the final weeks. Most importantly, the endorsement opens up the race and probably hurts perceived frontrunner Ed Lee.

After the Examiner endorsed Lee as its top pick, it would have solidified the appointed incumbent mayor’s standing as the consensus pick of pro-business centrists – who always have a strong influence in the mayor’s race – if the Chron had also gone that way. But now, both that vote and the Chinese-American vote will be divided, with some of the latter also picked up by Leland Yee, who got the top endorsements of the Labor Council, Sierra Club, and other influential groups.

The Chronicle endorsement probably gives the biggest advantage to Dennis Herrera, who has placed second in most public opinion polls as well as many endorsements, including getting the second place nod in the Guardian, Examiner, Labor Council, Milk Club, San Francisco Democratic Party, and others – an impressive array that covers the full spectrum of San Francisco politics.

Lee, Herrera, and Jeff Adachi also got praised by the Chronicle in a companion editorial entitled “Three other candidates to consider,” and that will also help Adachi with his left-right punch and outsider appeal, making him another candidate who can’t be counted out just yet.

By opening up the mayor’s race and creating a more complicated calculus in the city’s ranked choice voting system, the varied list of endorsements and the dethroning of Lee as a done-deal could also be a boon to John Avalos, the consensus pick of the city’s left who has a long list of first place endorsements (including those of the Guardian, Milk Club, SF Democratic Party, and many others). Avalos could capitalize on the rising frustration with corporate America that is embodied to the Occupy movement, which he has been nearly alone among the mayoral field in actively supporting.

(You can read an Excel file of the endorsements of various San Francisco organizations, which we’ll periodically update, here.)

While the Lee campaign and the many independent expenditure groups that back him are expected to vastly outspend the rest of the field, obscene displays of corporate cash could end up backfiring this year, particularly against the backdrop of OccupySF and the business community’s raid on employee health care funds and deceptive surcharges on restaurant bills, which Chiu and Lee have been supporting.

Bottom line: with four weeks left until Election Day, the mayor’s race is still up for grabs.

Feds crack down

8

steve@sfbg.com

HERBWISE Reversing its previous pledge to abide people’s rights to legally obtain medical marijuana in California and the 14 other states that have legalized it, the Obama Administration has launched a crackdown on the industry using several different federal agencies.

During an Oct. 7 press conference in Sacramento, California’s four U.S. attorneys announced their intention to go after the industry with raids on large-scale growing operations and big dispensaries and civil lawsuits targeting the assets of people involved in the cannabis business.

“We want to put to rest the notion that large marijuana businesses can shelter themselves under state law,” Melinda Haag, the U.S. attorney for Northern California, based here in San Francisco, said at the press conference.

That pronouncement is just the latest in a series of federal actions against those involved with the production and distribution of California’s top cash crop, an industry that the California Board of Equalization estimates to be worth about $1.3 billion in tax revenue annually. Sources in the medical marijuana business say the crackdown began quietly this summer.

Hundreds of dispensaries and other medical marijuana operations had their bank accounts shut down after the Treasury Department contacted their banks and warned them of sanctions for doing business with an industry that remains illegal under federal law. The Internal Revenue Service last month also notified many large dispensaries — including Harborside Health Center in Oakland, the largest in Northern California — that they cannot write off normal business expenses and must pay a 35 percent levy on those claims going back for three years.

Harborside’s Steve DeAngelo told us that would put Harborside — or any company with high overhead costs — out of business. “This is not an effort to tax us, it’s an effort to tax us out of existence,” he said, noting that Harborside paid the city of Oakland $1.1 million in taxes this year. In addition, the Department of Justice recently began sending 45-day cease-and-desist letters to hundreds of dispensaries around the state, including at least two in San Francisco, warning the clubs and their landlords that the operations violate federal law and could be subject to federal laws on the seizure of assets from the drug trade.

“It’s a multi-agency federal attack on patients’ access to this medication,” DeAngelo said. “It’s going to drive sick and dying patients back out onto the street to get their medicine.”

Haag claimed the state’s medical marijuana laws, which California voters approved back in 1996, have been “hijacked by profiteers.” Yet both local officials and people in the industry say that characterization is ridiculous, and that the federal government’s new stance will destroy an important industry — one that is very professional and well-regulated in San Francisco — and send legitimate patients back into the black market.

“I think it’s a step in the wrong direction and counter-intuitive to the Obama Administration’s contention that he would respect state’s rights,” said Sup. Ross Mirkarimi, who authored groundbreaking legislation regulating San Francisco’s two dozen dispensaries, a system that he said “is working well…But now the federal government is pulling the rug out from under us.”

Shortly after taking office in 2009, the Obama Administration released the “Ogden memo,” written by Deputy Attorney General David Ogden, stating the federal government would respect the rights of states to legalize and regulate medical marijuana. It was seen by cannabis activists as a sign that Obama was de-escalating the war on drugs, at least as it applied to marijuana.

But in June of this year, the DOJ release the “Cole memo,” by Deputy Attorney General James Cole, which it said “clarifies” the Ogden memo. In fact, it reversed the position, stating unequivocally that federal marijuana prohibition prevails and “state laws or local ordinances are not a defense to civil or criminal enforcement of federal law with respect to such conduct.”

“They’re bringing the hammer down,” said David Goldman, who works for Americans for Safe Access and sits on San Francisco’s medical marijuana task force. “This is not U.S. attorneys doing this on their own, this is coming from the top levels of the DOJ.”

Actually, Goldman and others suspect it goes even higher than that, right to Obama and his political team, who appear to be making a calculation that cracking down on medical marijuana is a good move before an uncertain reelection campaign.

“It’s political. It’s all about Obama appealing to the middle to win reelection,” Goldman said.

“I don’t think there’s any rational basis for what’s going on. It was clearly a political calculation,” DeAngelo said. “Why do they think it’s better for patients to buy their medicine from the black market?”

He said the crackdown will bolster the Mexican drug cartels, destroy a thriving industry that provides jobs and pays taxes, hinder efforts at better quality control and growing conditions (see “Green buds,” Aug. 16), and waste law enforcement resources to seize and destroy a valuable commodity.

“It’s a policy with all downsides and no upsides,” DeAngelo said.

Mirkarimi said that this crackdown could finally force cannabis activists to take on the federal prohibition of marijuana directly: “Bottom line, marijuana is the United States needs to be reformed so it’s not a Schedule 1 drug,” referring the federal government’s conclusion that marijuana is a dangerous drug with no medical applications.

But for now, DeAngelo said the industry will fight back: “We will fight it in the legal system, we will fight it in the court of public opinion, and we will appeal to Congress.”

Brown vetoes bicycle buffer zone

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Anyone who has ever ridden a bicycle knows how scary and dangerous it is when cars pass too closely at high speed. So the California Bicycle Coalition made its top legislative priority for the year a bill, SB 910, to require drivers to give bicyclists a three-foot buffer or slow down to 15 mph. And even though the Legislature overwhelmingly approved this reasonable traffic safety measure, Gov. Jerry Brown vetoed it on Friday.

“His veto made no sense. We honestly can’t figure out why he vetoed the bill,” said CBC executive director Dave Snyder, a San Francisco resident who used to run the San Francisco Bicycle Coalition and who founded Transportation for a Livable City (now known as Livable City). “It’s not based on logic or public policy, but just based on politics.”

The California Highway Patrol and California Department of Transportation opposed the measure on the grounds that it could impede the flow of automobile traffic, and Brown cited their stand in his veto message. Indeed, keeping cars moving at high speed has long been the central goal of these agencies, even when it has high economic, environmental, or public safety costs.

But Snyder is right that Brown’s veto message is confusing and contradictory. He expresses support for the three-foot buffer, but expresses concern about slowing traffic to 15 mph, seemingly confused about the meaning of the word “or,” meaning drivers can provide the buffer or slow down to a safe passing speed if they’re unable to give bicyclists that much room.

People who don’t ride bikes tend to forget that automobiles are deadly weapons, and that a bicyclist’s brief swerve to avoid a pothole, broken glass, or other hazard can have disastrous consequences if a car is passing too closely. This veto follows another illogical one – Brown’s rejection of Sen. Mark Leno’s local vehicle license fee bill, which would have pumped $75 million into SF’s coffers and was almost universally supported by this year’s mayoral field – that gave undue deference to automobile owners.

Meanwhile, the San Francisco Police Department recently launched a crackdown on bicyclists in the city, issuing dozens of tickets on Market Street for running stop lights and on Townsend for briefly riding on the sidewalk en route to the Caltrain station – and ignoring the nearby cars parked in bike lanes and running those same red lights.

Now, before we get to the commenters’ tirade about scofflaws on bicycles – which come every time we write about bikes – let me note that people break the law on every form of transportation, everyday. Motorists speed, run stop signs and lights, and illegally edge past pedestrians (who themselves jaywalk with great regularity). And every Muni bus has several riders who haven’t paid. None of us are angels, so try not to get too worked up into a sanctimonious rage.

But if you want to truly understand why bicyclists can often be so flagrant in our disregard for the law, consider that we’re using a transportation system and abiding traffic laws that weren’t designed for us. Seriously, just ride a bike and you’ll quickly understand. We don’t need to stop at every stop sign or signal light to have a safe, smooth-flowing transportation system that doesn’t steal the right-of-way from drivers, who we can usually see and hear coming with plenty of time to stop. Idaho and other jurisdictions actually treat bikes differently than cars in this realm, with laws that don’t require cyclists to lose momentum by repeatedly coming to complete stops, and it works well.

The fact is, the bike buffer bill is the very minimum that we need to encourage cycling as a safe and appealing transportation option to more people, which would only help our environment, public health, and dependence on fossil fuels. And the fact that it was vetoed for petty, illogical reasons is incredibly frustrating.

Yet there may be a silver lining to this. Snyder said the CBC, which is just beginning to increase its reach and influence and to prepare a more ambitious agenda on behalf of California cyclists, will use this defeat as a launching pad for future efforts.

“The main benefit of the three-foot bill was the community organizing that we did to get is passed. So now we can leverage that for our next steps,” Snyder said. “California needs a lot more than a three-foot buffer to give people more safe transportation choices.”

Few surprises in Examiner endorsements

15

The San Francisco Examiner – a paper with a generally conservative editorial stance, and one that endorsed John McCain for president in 2008 – has endorsed a slate of Establishment candidates for citywide office: Ed Lee for mayor, George Gascon for DA, and Chris Cunnie for sheriff.
That’s not really surprising, but its second and third choices for mayor were: Dennis Herrera second and Bevan Dufty third. Herrera was also the Guardian’s second choice and Dufty was someone we considered for third, choosing instead to go with Leland Yee. As the Examiner wrote, there are lots of qualified candidates in this race, and there were a lot more worrisome ones the paper could have picked.
For a newspaper that often takes ridiculous right-wing stances, such as its editorial last year denying global warming, the mayoral endorsement actually reads fairly reasonably. I don’t agree with its conclusion that Lee’s aversion to politics and business-friendly focus are good things, but I was happy to see the Examiner call out Lee’s cronyism and uncritical praise for bad corporate actors like PG&E.
“We do have some concerns about his ties to former power-brokers and off-the-cuff comments that are now being blasted in negative campaign ads. We implore Lee to work harder to separate himself from those who claim responsibility for his success, for they are just as likely to be responsible for any downfall. We ask that Lee, as we would any mayor to be open and honest about his relationships,” the paper wrote.
And its comments about the other candidates it liked were also pretty much on target. The only real criticism I would offer – and it is a significant one – is that progressive favorite John Avalos didn’t even get mentioned among the eight it discussed. WTF?
Now I’m sure they wouldn’t have had great things to say, given their conservative leanings. But to simply leave Avalos out shows the paper has a disregard and disdain for the left that is a big part of what’s wrong in San Francisco. It’s why our mayor and police chief can make this the first city in the country to launch an aggressive midnight raid on the Occupy Wall Street movement. It’s why the Chamber of Commerce can so shamelessly demand that businesses be allowed to drain the employee health funds that a hard-won city law requires them to provide.
San Francisco is not a progressive city, although a large number of San Franciscans are progressive and they have helped usher in a number of important progressive reforms, from worker and tenants protections to environmental initiatives, often through battles that Avalos helped wage on the people’s behalf.
So to ignore Avalos is to ignore progressives in this city. And they can steal our money or our tents, but we aren’t going away.

Lee backs crackdown; Avalos: “I stand with Occupy SF”

136

Mayor Ed Lee has just released a statement on last night’s police raid of the Occupy San Francisco encampment – claiming to basically support the movement but also support the harsh police crackdown and seizure of tents, food, and other personal property – that offers a sharp contrast to the position of his mayoral rival, John Avalos, who is condemning the SFPD’s actions.

Once again, as Lee also did this week in defending businesses that seize money set aside for employee health care costs, our “consensus and civility” mayor is showing that if you try to stand for everything, you end up standing for nothing. Yet Avalos understands that there are times when one side is simply wrong and that supporting the people means being willing to fight for them.

On both issues, Lee mouthed the meaningless “jobs” defense, claiming that he was trying to help working people by letting their employers raid their health care funds, allowing restaurants to fraudulently jack up their bills, or directing the police to seize their tents and food. That’s not just pandering, it’s insulting.

I’ve tried unsuccessfully to get Lee’s office to offer more detailed explanations of his positions, but they’re so far sticking to prepared statements that are riddled with contradictions. So we’re just going to run the full statements by Lee and Avalos and let you decide who makes more sense and best reflects San Francisco values.

Lee wrote:

“I understand and sympathize with the anxiety and frustration felt by so many in our country caused by a lingering recession and joblessness. That’s why I am doing everything I can to create jobs, get people back to work and make our families stronger here in San Francisco. I support the spirit of the Occupy Wall Street movement that calls for peacefully assembling to protest and bring national attention to disparity issues in our country.
“In San Francisco, protesters are acting within their First Amendment right to free speech and freedom to assemble. While allowing for peaceful protests, we also must ensure that our streets and sidewalks remain safe and accessible for everyone. I will continue to work closely with our Police Chief to ensure San Francisco responds appropriately to these demonstrations.  
“San Francisco is a city that embraces free speech and freedom to assemble like no other city.”

Indeed, no other city among the 60 or so that have followed the Occupy Wall Street example of occupying public spaces has sent police and trucks in to raid encampments in the middle of night, so San Francisco is indeed alone in its treatment of the movement that Lee shamelessly claims to support.

And now Avalos:

“Last night I gathered in solidarity with the protesters Occupying San Francisco. Like many people all over the country, I have been watching this protest gather strength and grow as more and more of us, more of the 99 percent, demand accountability from the corporations and people who are responsible for the destruction of our economy and devastation of our families.

“I came to down to observe the protest last night in response to summons from protesters and a notice from the police accusing their encampment of a number of minor infractions, ranging from open flames on a city street or sidewalk to serving food without a permit. I observed and negotiated with police in good faith to keep the peace and allow the encampment to remain, only to hear of a crackdown shortly after I left.

“This is not the San Francisco that I know. This is not the San Francisco I love. This City has served as a sanctuary for free speech and assembly for generations, and we must protect that legacy. With our unemployment rate nearing 10 percent, we have a responsibility to be a sanctuary for the 99 percent.

“Instead, last night we witnessed that 99 percent being detained, arrested, and intimidated with force.

“My vision is of a true sanctuary city – one that protects our right to free speech and assembly, and one that holds real criminals accountable. This should be a city for the rest of us – for the 99 percent. I stand with Occupy SF.”

Lee seeks to lessen political damage from his promised veto

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Mayor Ed Lee says he will veto legislation that the Board of Supervisors approved yesterday that would have banned San Francisco businesses from keeping money they’re required to set aside for employee health care costs. But he seems to be worried about how that move will be seen by voters, touting his support for a “consensus strategy” that doesn’t yet exist and might not be possible given the fundamentally different way both sides see the issue.

The legislation by Sup. David Campos addresses the $50 million per year that businesses have been taking from their employees’ health savings accounts, which they set up to comply with city law requiring them to cover employee health care costs and which many restaurants subsidize by placing a 3-5 percent surcharge on their customers’ bills.

The San Francisco Chamber of Commerce and opponents of the Campos legislation defend the practice and cast efforts to reserve that money for employee health care as a job-killing loss to the business community, although some have finally come around to calling the practice a “loophole” that should be addressed with minor reforms. Yet labor groups and consumer advocates say businesses have no valid claim to that money, making it difficult to see where this elusive common ground might lie.

Supporters of the legislation – including mayoral candidates Leland Yee, Dennis Herrera, John Avalos, and Phil Ting, as well as Assemblymember Tom Ammiano, who authored the Health Care Security Ordinance as a supervisor – rallied on the steps of the City Hall today, calling for Lee to sign the legislation.

Shortly thereafter, the Mayor’s Office issued a press release with the headline “Mayor Lee Convenes Group to Improve Health Care Access & Protect Job,” announcing a “consensus building effort” that includes business groups and Campos and other supporters of the measure. Campos tells the Guardian that he did get a call from the Mayor’s Office today and he agreed to take part in the effort – just as he did in fruitless negotiations with Chamber officials – but he still has a fundamental disagreement with Lee and other Chamber allies over the issue.

“I talked to the Mayor’s Office about their proposal and I have indicated my concerns,” Campos said. He noted that both Lee’s proposal and another alternative by Board President David Chiu – who was quoted in Lee’s press release saying “I am committed to continuing the collaborative effort to ensure health care access to workers while protecting jobs.” – let businesses profit from money that’s supposed to be dedicated to employee health care

“So far, none of the proposals except for mine ensure that whatever consumers pay goes to health care,” Campos said, expressing confidence that public opinion is on his side. “It’s one of those issues that the more everyday San Franciscans hear what’s happening, the more outraged they are.”

But while Lee and Chiu each use the language of seeking compromise and trying to “close the loophole,” both rely on the basic Chamber paradigm that this money belongs to the businesses and setting it aside for employee health care as city law calls for would hurt “jobs.”

When Lee was asked about the issue by a group of reporters today, he said: “Next week, we’re forging a labor and management entities’ meeting with the Mayor’s Office and supervisors to try to forge changes to the Campos legislation. I cannot sign it the way it is now, because of two reasons. One, it does not focus on the healthcare needs of the employees; and two, it will force the employers to just keep millions of dollars lying around without any use and that will decrease the efforts to create more jobs. So both objectives have to be reflected in the ordinance, and I want to make the changes appropriate for that.”

The first reason seems to ignore the fact that the city is barred by federal ERISA law from telling businesses how to provide health coverage, which is why so many of them opted to create these health savings accounts – which are almost useless for people facing serious medical costs – rather than providing health insurance or paying into the city’s Healthy San Francisco program. And supporters of the legislation simply reject the validity of Lee’s second reason.

“That position is based on a false premise. This money belongs to the workers and it’s something that consumers are paying for,” Campos said. “We have a fundamental disagreement.”

Will Mayor Lee veto legislation that helps workers and protects consumers?

10

After the Board of Supervisors today voted 6-5 to bar San Francisco businesses from pocketing money they and their patrons set aside for employee health care, Mayor Ed Lee faces a tough but telling choice: Whether to heed business community demands that he veto legislation that has wide labor and consumer support.
A veto is widely expected, but complicating that decision is the position that was staked out today by one of his main rivals as a mayoral candidate, Leland Yee, who issued a statement echoing supporters claims that this is an issue of workers’ rights and consumer protection versus corporate greed: “This is a defining issue of who we are as a city. If Ed Lee vetoes this legislation, one of my first acts as Mayor will be to reverse his veto and sign this legislation into law.”
Neither Lee’s mayoral nor campaign spokespersons answered a Guardian email about whether he will veto the measure, which would kill it unless two supervisors who opposed the measure (David Chiu, Sean Elsbernd, Mark Farrell, Carmen Chu, and Scott Wiener) break ranks, which is unlikely given the polarization on this measure. San Francisco Chamber of Commerce officials have made a top priority of killing the measure, even threatening to withdraw support from Prop. C, the pension reform measure that they helped create with Lee.
At issue is the roughly $50 million per year that San Francisco businesses have been taking from health savings accounts they create for employee health care – funds that are often subsidized by 3-5 percent surcharges that many restaurants have chosen to tack onto their customers bills – under legislation that then-Sup. Tom Ammiano created to require employers to provide health care coverage for their employees.
The position of the Chamber – which fought Ammiano’s legislation and supported years of unsuccessful lawsuits challenging it – is that this $50 million “loss” to city businesses would be a “job killer.” Chiu has also accepted that paradigm and introduced legislation that would let businesses use that money, but require them to let employees know they can tap into it and other reforms. But supporters of the legislation say these businesses are deceiving their customers, defying city law, and stealing from their employees.
“People have tried to complicate this issue, but it is a simple issue. It’s about the right of workers to have health care,” Sup. David Campos, the author of the legislation, said at today’s hearing.
Campos said he would limit his comments, given how widely the issue has already been discussed, and he announced a limitation on how long employees could tap the fund after their termination “in the spirit of compromise.” But then opposing supervisors attacked the measure, its timing, and supporters’ refusal to “compromise,” with Elsbernd chiding Campos that his legislation is “not the best way to encourage jobs.”
So Campos went into more detail about why his measure was needed, noting that Chiu’s alternative would cap an employee’s access to health care at just $4,300, far less than the cost of a night’s hospital stay and a small fraction of the cost of a serious ailment. “You’re looking at a situation where very little could be provided for them,” Campos said.
He also said how important it is to ban the fraudulent practice of restaurants charging customers for employee health care costs and then simply keeping the money, a practice that a recent Wall Street Journal investigation discovered was widespread. Campos said 80 percent of the money collected on diners’ bills is pocketed by the restaurants.
“When consumers are paying for this, the expectation is that workers will have basic coverage,” Campos said, noting that his legislation would guarantee that “every cent that that consumer pays is actually spent on health care…This is not just about workers, it’s about consumer protection.”
Even worse, Campos noted that these consumers are actually paying twice for restaurant employees’ health coverage, first on their dinner bills, and then again as taxpayers when those uninsured employees end up in General Hospital with their expenses paid for by the city.
Under the federal ERISA law – which was the basis for the failed lawsuit challenging the city program, brought primarily by the Golden Gate Restaurant Association – the city cannot tell employers how to provide health coverage, and so they have the option of providing health insurance, paying into the city’s Healthy San Francisco plan, or providing the medical savings accounts that this legislation addresses.
Sup. Jane Kim said she supported the legislation largely because of the horror stories she’s heard from employees who not only weren’t told of the existence of these accounts, but who were denied payment for medical procedures even after they learned about them. She also said the city could be vulnerable to another ERISA lawsuit if it took Chiu’s approach of directing how businesses used their funds, citing an earlier discussion of the board’s role in protecting the city from litigation.
On that issue, Kim today introduced an alternative to legislation by Farrell and Elsbernd that would end the city’s program of providing matching funds to publicly financed mayoral and supervisorial candidates once their privately financed competitors break the spending cap. The US Supreme Court recently ruled a similar program in Arizona to be unconstitutional.
The Chamber and other downtown groups – mostly supporters of Mayor Lee, who are close to breaking the spending limits – had signaled their intent to sue the city over the issue. The Farrell/Elsbernd legislation, which needed eight votes to change the voter-approved program, today failed on a 6-5 vote, with Sups. Campos, Kim, John Avalos, Eric Mar, and Ross Mirkarimi opposed.

Alerts

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steve@sfbg.com

WEDNESDAY 5

Occupy San Francisco

Inspired by the activism and events of the Occupy Wall Street movement that began Sept. 17 in New York, protesters with Occupy San Francisco have camped outside the Federal Reserve building in SF for weeks (see our Politics blog for coverage of the movement and its Sept. 29 march through the Financial District). Supporters from labor and other progressive organizations will join the occupiers for another march in support of what protesters call “the 99 percent,” those of us suffering from the greed and corruption of the wealthiest 1 percent, including the financial institutions that got taxpayer bailouts after crashing the economy.

Noon, free

Federal Reserve

101 Market, SF

occupysanfrancisco@gmail.com

occupysf.com

 

THURSDAY 6

Solidarity action

As the burgeoning Occupy Wall Street movement spreads to Washingon D.C. — for a “Stop the machine! Create a new world!” action that organizers intend to be a month-long occupation of Freedom Plaza — Bay Area activists will be holding a solidarity event at the Federal Building in San Francisco. Speakers include Global Exchange co-founder Kevin Danaher and Michael Eisenscher, national coordinator of US Labor Against the War. After the event, activists interested in planning further actions can join a general assembly nearby in the main library’s Koret Auditorium from 6-7 p.m.

3-6 p.m., free

Federal Building

Mission and Seventh St., SF

october2011.org

sfoctober2011solidarity@gmail.com

650-228-4188

 

FRIDAY 7

Protest the long war

Mark the 10th anniversary of the U.S. military campaign against Afghanistan — a still-deadly conflict that was escalated by President Barack Obama — by taking part in this rally, die-in, and march starting at the Federal Building. The event was organized by the ANSWER Coalition’s San Francisco chapter — which says “It’s time to connect the crimes of Wall Street to the crimes of the Pentagon” — and is supported by groups ranging from Code Pink to a variety of labor unions to World Can’t Wait. The march will culminate at the Grand Hyatt on Sutter and Stockton to show solidarity with hotel workers from Unite-Here Local 2, which has called for a boycott of the hotel chain.

4:30 p.m., free

Federal Building

Mission and Seventh St., SF

415-821-6545

www.answersf.org

answer@answersf.org

The occupiers of SF, NYC, and next DC gain momentum

8

It’s been almost three weeks and they’re still there. It’s been raining, and they’re still here. Not only that, but their numbers are growing. The Occupy Wall Street movement – and its local counterpart, the Occupy San Francisco group that has been camped in front of the Federal Reserve at the foot of Market Street – is showing real staying power as it demands social and economic justice.

Following last week’s march through the Financial District, the local group plans to brave the rain storm expected to hit tomorrow (Wed/5) and to stage another march on the banks and big financial players that they blame for crashing the economy and transferring more and more wealth from the bottom to the top. The fun begins at noon outside the Federal Reserve, 101 Market Street.

Then, the next day, protesters plan to gather outside the Federal Building at Mission and 7th streets from 3-6 pm to voice solidarity with the latest big city occupation that starts that day: the “Stop the machine! Create a new world!” occupation of Freedom Plaza in Washington D.C., which organizers intend to last throughout the month.

And on Friday, the 10th anniversary of the U.S. military campaign against Afghanistan, anti-war groups will again gather at the Federal Building for a rally and march starting at 4:30 pm, with a message that seeks to link this country’s ongoing wars with the messages being sounded by the occupiers in the streets, that it’s time to divert resources being wasted on war and Wall Street toward the 99 percent of Americans who could really use them right now.

The mainstream media has been struggling with how to cover that linkage and convey the protesters’ long list of grievances and demands. But as groups of teachers and pilots and other exploited professionals join the Occupy Wall Street movement, and as noted economists and celebrities stop by to show their support, the effort is entering a new phase, and we should all seek to understand what’s driving it and where this might be headed.

On the streets with Occupy San Francisco

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The messages sounded yesterday on the streets of San Francisco – delivered in speeches, chants, signs, songs, interviews, and the petition handed to Chase Bank officials by a half-dozen protesters before their arrest – should resonate with most Americans. After all, while rich corporations and individuals have been accruing ever more wealth, the vast majority of us have been falling behind.

“Banks get bailed out, we get sold out,” was one of those chants by the several hundred people who marched through the Financial District – our OccupySF effort building off the two-week Occupy Wall Street events – targeting some of the villains of the economic meltdown: JPMorgan Chase, Bank of America, Citibank, Charles Schwab, the Federal Reserve, and Goldman Sachs.

They may be relatively small and easy to ignore, these “occupations” of Wall Street and San Francisco and other cities that are entering their third week, but they’re being driven by a palpable anger and stirring critiques of economic and political systems that exploit the powerless. But as the foreclosures, layoffs, and other hardships continue, this nascent movement could have some staying power.

“I think it’s starting to wake people up out of their complacent distraction,” Robin Kralique, a 26-year-old SF resident holding a sign that read “Let’s have the GDP measure happiness,” told the Guardian. “We’re planting the seeds for a better future, and I’m hoping it wakes some people up.”

Like many of the young protesters gathered outside the corporate office building at 555 California at the start of the march, she was inspired by Occupy Wall Street. They’re angry watching their economic opportunities evaporate as more and more of the country’s wealth accumulates in fewer and fewer hands.

“There’s an insane amount of greed in this country,” 24-year-old Erin Kramer, a dancer and performance artist stuck in a corporate job she needs to get by, told me. Her sign read, “Don’t be afraid to say revolution!”

And many weren’t, with calls for revolution on the tips of many lips, albeit tempered with healthy doses of realism. “Even if it isn’t at critical mass yet, it sets the stage for the next revolution,” Kralique said when I asked her what she hoped this moment would accomplish.

Sup. John Avalos, a progressive mayoral candidate who spoke at the rally, is pushing legislation to create a municipal bank in San Francisco, one that would invest far more money in local projects and small businesses than Bank of America, which manages most of the city’s money.

“We have to figure out new ways to use our local dollars to help our economy,” Avalos told us. “The message here is we’re pulling our dollars out of these banks unless they help us.”

Before Avalos spoke – asking the boisterous crowd, “Have you ever felt like you’ve been had?” – activist Bobbi Lopez was on the microphone decrying the “lack of accountability for the people responsible for this decline.”

And then, the march was off – flanked by dozens of San Francisco Police officers on motorcycles, riding bicycles, and in cars – to deliver creative forms of protest around the Financial District, including a funny song and dance routine by Fresh Juice Party in front of the Schwab office, singing, “Land of the free, home of the brave, this is the street our labor paved.”

In fact, that was almost literally true at the San Francisco march, which was shepherded by off-duty city workers from SEIU Local 1021.

“This Wall Street thing is really spreading. The message of a small group of people in New York has really spread…Wall Street is a symbol of all this corruption, cronyism, and greed,” Gabriel Haaland, an organizer with SEIU Local 1021, told me at the start of the march. “It’s really resonated with our members…It’s been picking up steam as things have been unraveling over the last year.”

An hour or so later, Haaland was one of six people who staged an occupation of the Chase branch at Market and 2nd streets, along with two women in his union who have been unsuccessfully battling bank foreclosures on their homes – Brenda Reed and Tanya Dennis – and three other activists: William Chorneau, Manny S. Tucker, and Claire Haas.

Tipped off by Haaland, I was inside the bank lobby as the march approached and a police officer on a bicycle came inside to warn bank officials, “The protest is headed your way, you may want to secure the premises.”

He and another officer helped prevent protesters from getting inside, but the six protesters had already infiltrated the building. They began chanting and pulled blankets out of a suitcase, laying them out and placing them on the ground.

Reed spoke for the group, demanding to meet with JPMorgan Chase & Co. CEO Jamie Dimond to present a petition calling for a halt to the bank’s foreclosures. Through tears, she told the story of her long struggle to protect her home from foreclosure by Chase, which had taken her loan over from another lender.

SFPD Lt. M.E. Mahoney told the group, “You’re not going to be able to camp out here and wait for the CEO to come talk to you,” asking store managers whether they wanted to make a citizen’s arrest. They did, but Mahoney also told Reed that he would watch as she handed the petition to store managers.

“I’m here today because for two and a half years, I have desperately tried to get Chase to work with me,” Reed told a bank employee as hundreds of protesters outside looked on and chanted their support. “You have put me through hell. You’ve destroyed my health, you’ve destroyed my business, and it’s not fair what you’ve done.”

After she was finished, another bank manager (who refused to give his name) told Reed, “Just to let you know, we are compassionate to your cause,” drawing from the protesters the frustrated retort, “No you aren’t!” Through the day, protesters noted that the banks have been profitable and don’t need to be foreclosing on so many homes, sitting on so much capital, and funneling their profits out of desperate communities and into the accounts of wealthy investors – particularly after being bailed out by taxpayers in 2008.

Outside, the crowd chanted “Go, Brenda, go!” and “Let those people go, arrest the CEO!”

The crowd remained outside for more than an hour as police tried to wait them out, finally arresting the occupiers on trespassing charges and quickly citing and releasing them, apparently in the hope it would clear the people out of congested Market Street. “That was my quickest arrest ever,” Haaland, a veteran of many labor actions and progressive protests over the years, told me afterward.

Reed addressed the crowd on a bullhorn, explaining that she refinanced her home in 2007 with a shady “pretender lender” who misrepresented what her monthly payments would be. They ballooned to a level she was unable to cover and she sought a loan modification from Chase, which had taken over the loan from the now defunct Washington Mutual.

“Chase Bank is trying to steal my home of 38 years,” she told the crowd. “Jamie Dimond, come out from under your rock and let me talk to you.”

She decried how government bailed out the banks and then allowed them to aggressively foreclose on homes whose mortgages they didn’t originate, but who acquired the title out of the complex financial derivatives that has sliced and diced mortgages into complex financial instruments.

“It’s government-sanctioned fraud,” she said. Despite what she said were Chase’s plans to auction her home in Oakland next month, she pledged, “You will not get my home. You will not get what belongs to me.”

But whether that kind of fierce resolve – voiced over and over again, by hundreds of activists fed up with economic injustice – translates into any kind of real change is yet to be determined.

Progressives battle downtown over economic and political reforms

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Battles between progressive members of the Board of Supervisors and downtown power brokers such as the San Francisco Chamber of Commerce defined City Hall politics for much of the last decade, until the new politics of “civility” and compromise took hold this year, a dynamic that has favored downtown interests. But now, a pair of important, high-profile issues headed to the full board on Tuesday has revived the old dynamic. And in both cases, wealthy interests are putting enormous pressure on the board.

The first involves a proposal – put forward by Sups. Sean Elsbernd and Mark Farrell, the two most conservative supervisors – to gut the city’s system for publicly financing campaigns because downtown is threatening a lawsuit. They propose to end San Francisco’s program of giving publicly financed candidates more money when a privately funded candidate exceeds the spending cap because the Supreme Court recently struck down similar provisions in Arizona.

This week, after convening in closed session to discuss the threat of litigation by downtown groups, the board voted 7-3 – with Sups. David Campos, Jane Kim, and Eric Mar opposed, and Sup. Ross Mirkarimi absent because he rushed out to large structure fire in his district – for the Elsbernd/Farrell measure, one vote short of the supermajority needed to amend the current city law.

Campaign finance reform advocates such as Steven Hill argue that it’s unfair to modify the city program right in the middle of an election season in which Mayor Ed Lee and the wealthy independent expenditure groups supporting him are poised to spend millions of dollars to defeat a large field of mostly publicly funded mayoral candidates.

Hill and his allies are appealing to Mirkarimi – who told the Chronicle that he is leaning toward supporting the amendment when the measure returns to the board on Tuesday – not to support what they consider an overly broad capitulation to downtown’s threats. They’re also lobbying Sup. John Avalos to switch his vote, while downtown players are putting the screws to supervisors as well.

In an interview with the Guardian, Mirkarimi clarified his stance, noting that he was the sponsor of the original public financing law and his goal is to protect it, even if it needs to be modified to withstand a legal challenge. “I’m looking for alternatives to fortify San Francisco’s program,” he told us, noting that he missed some of this week’s discussion and he’s hoping something can be done to retain provisions that level the financial playing field with wealthy candidates.

Meanwhile, downtown forces are pulling out the stops to kill Sup. David Campos’ legislation that would prevent San Francisco businesses from pocketing money they set aside for their employees’ health care under a city mandate that they provide health coverage – totaling about $50 million last year – legislation that gets its first hearing tomorrow (Friday/30) at 10 am.

Board President David Chiu has put forward competing legislation that is more to the Chamber’s liking, letting businesses (mostly restaurants that are even placing surcharges of customers’ bills, ostensibly to subsidize their legal obligations) keep the money. But Campos and his labor allies believe they have the six votes they need to pass the legislation, thanks largely to moderate Sup. Malia Cohen’s pledge to support the measure.

While even some supporters have quibbled with the timing of this measure, Campos notes the urgency of keeping money intended for workers in their hands. “It’s an outrage and the longer we wait, the worse it gets,” Campos tells us, noting that the practice, “is what many of us consider fraud.”

Unfortunately, even if the board approves the measure this Tuesday, it will still need the signature of Mayor Lee to become law. While he hasn’t formally taken a position, given that his political base is the downtown crowd, he’s expected to veto the measure. But we’ll ask him about it tomorrow when he’s scheduled to meet with the Guardian for an endorsement interview at 2 pm.

Gascon justifies secrecy in Guardian interview

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Three top candidates for district attorney held a joint press conference this morning calling out District Attorney George Gascon for refusing to release a controversial memo by a consultant hired by the DA’s office outlining problems with DNA analysis in the city’s crime lab, which was overseen at the time by then-Police Chief Gascon.

Instead of obeying a judge’s order that he release the document, Gascon is clinging to a thin legal interpretation that it is a work product that he can withhold, choosing instead to spend city resources appealing the ruling. Journalist Peter Jamison has repeatedly written about the memo and the crime lab in the SF Weekly, but it was the Bay Guardian who got Gascon’s most extensive comments to date on it during his endorsement interview with us last week.

Starting just after the 23 minute mark when I asked about the memo and continuing for more than 10 minutes, Gascon – who earlier presented himself as one of the state’s most progressive law enforcement officials – takes credit for exposing problems with the crime lab but offers a fairly tortured rationale for hiding a document that might prove embarrassing during election season.

The California Public Records Act allows limited disclosure exceptions for what’s called “work product,” or drafts of internal documents meant to be works in progress, but it doesn’t require those documents to remain secret (as with personnel records, for example). Gascon admits that he could release the document but that he chooses not to.

“There are several concerns here. This is a memo that is largely the opinions of an individual that is a work product, it is within the office of the District Attorney’s Office, and there is good public policy as to why you have work product. You want to have robust discussions and honest self assessment of what works and what doesn’t work,” he said.

We noted that the consultant, Rockne Harmon, was brought in to bring problems with the crime lab to light so they could be addressed (not attorneys discussing the strengths and weaknesses of a case, the example Gascon cited), that Harmon actually wants to memo to be released, and that no possible public harm could come from this.

Gascon even agreed with that last point, telling us, “This document is quite harmless, but it’s the concept of the ability of people to have honest self-assessment and self-critical discussions.” He said they were reviewing the judge’s ruling and “we’ll comply with the court.” Then, the very next day, he announced that he would appeal the ruling.

Clearly – as DA candidaes David Onek, Sharmin Bock, and Bill Fazio noted this morning – Gascon is hiding the document because he’s worried it will make him look bad. And as our discussion with Gascon illustrates, he is not someone who places a high value on transparency, which is a real problem given the history of damaging secrecy in both the SFPD and the DA’s office.

So give a listen to a candid discussion about a breaking news story on an important issue and weigh in with your thoughts. BTW, as an added bonus, keep listening to the interview to hear the perspective of an unlikely supporter that Gascon brought with him: attorney Matt Gonzalez, who galvanized the progressive movement with his 2003 mayoral run.

Defy the business community’s shameless ultimatum

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On the same day that a Wall Street Journal investigation revealed that many San Francisco restaurants are scamming their customers by tacking an employee health care surcharge onto bills and them simply pocketing the money, the Examiner reports that San Francisco business leaders are threatening to withdraw support for pension reform and other measures if the Labor Council supports legislation that would regulate a similar scam.

So, because labor leaders and progressive Sup. David Campos think that employees should actually get health care benefits from the money that city law requires employers to set aside for that purpose — money that many restaurants are supplementing with surcharges on customers of up to 5 percent — the business community is pitching a fit.

We really shouldn’t be surprised that business leaders are acting in such a hostile manner to the city and their own employees. After all, the SF Chamber of Commerce and Golden Gate Restaurant Association bitterly fought the Healthy San Francisco plan created by Tom Ammiano, appealing it all the way to the Supreme Court and losing every step of way.

Then, rather than being gracious losers, they devised deceptive schemes to: 1) jack up people’s dinner bills and make it appear that the city was requiring such a surcharge; and 2) satisfy the letter of the law by creating difficult-to-access health savings accounts for employees, then pocketing what was left unclaimed at the end of the year, which amounted to $50 million last year.

And now, because labor supporters are trying to now, you know, support workers and their rights, the business community has turned on pension reform? Hilarious! I say, good, call their bluff, and let ‘em stop supporting Prop. C. Then next year, we can come around with a new pension reform plan that’s coupled with tax increases on big business, sharing the burden for reforming long-term city finances in a way that it should have been done in the first place.

C’mon, Labor Council, stay strong and show these greedy corporations what we all think of their attacks on their employees, customers, and the city.    

Alerts

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alert@sfbg.com

WEDNESDAY 21

 

Guardian Mayoral Forum

This Guardian-sponsored mayoral forum caps a series of five events this summer in which community members, policy experts, and progressive groups have created an agenda that serves all San Franciscans (see “A new progressive agenda, 9/13/11). All the major mayoral candidates have been asked to review that agenda and they’ll publicly weigh in with where they stand on the issues and solutions it addresses.

6 p.m., free

LGBT Center

1800 Market, SF

www.sfbg.com

 

Medicaid matters

Join the Independent Living Resource Center of San Francisco and other groups representing seniors, the disabled, and social justice advocates in a demonstration against the deep cuts to Medicaid that are now being discussed by Congress and the White House. Attendees will be asked to write their names and stories on a blank strip of paper that will be linked together in a long chain.

Noon, free

Civic Center Plaza

Polk and Grove, SF

www.ilrcsf.org/Rally/rally.htm

 

Rev. Billy at Revolution Books

Writers and performance artists Savitri D and Bill Talen will discuss their new book, The Reverend Billy Project: From Rehearsal Hall to Super Mall with the Church of Life After Shopping, which chronicles their creation of an effective and inspiring anti-consumerist group in New York City. Talen assumes his evangelical alter ego of Reverend Billy to preach against the evils of everything from corporate-controlled sweatshops and chain stores to mountain-top removal coal mining, delivering heavy message with a fun and engaging flair, backed by a large choir.

7 p.m., free

Revolution Books

2425 Channing, Berk.

www.revolutionbooks.org

 

FRIDAY 23

The ARTery Project

The San Francisco Arts Commission and various City Hall officials have been trying to enliven the Central Market area with series of arts initiatives they’ve dubbed the ARTery Project, ranging from the Art in Storefronts effort to the recent placement of artist Karen Cusolito’s Dandelion sculpture (originally created for Burning Man) in United Nations Plaza. The commission’s 2011 photography interns will display their work on the project during this reception.

5-7 p.m. Free

Sup. Jane Kim’s office

City Hall

1 Dr. Carlton B. Goodlett, SF

www.sfartscommission.org/artery

 

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.

Bike Coalition gives Avalos its top endorsement

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Back in May, I noted how mayoral candidates John Avalos and David Chiu seemed to be the only candidates courting the votes of San Francisco bicyclists, noting that the 13,000-plus-member San Francisco Bicycle Coalition was one of the city’s largest grassroots political organizations. Since then, Ed Lee jumped into the race and also made a point of supporting and seeking support from the city’s bicycling community.

After weeks of online voting, the SFBC today announced its endorsements, and they seem to reflect both the efforts of these three politicians and SFBC members’ recognition of who’s been working in City Hall on their behalf. They endorsed Avalos as number one, Chiu in the second slot, and Lee number three.

“By endorsing three candidates, in ranked-choice format, we are recognizing the leaders who are most actively supporting a better city through bicycling,” SFBC Executive Director Leah Shahum wrote in a message to members announcing the endorsements, also noting that there is an “unprecedented number of bicycling-friendly candidates” in this year’s mayoral field.

Avalos and Chiu are both regular cyclists who have actively supported expanding the city’s bicycle network and increasing ridership, while Lee has shepherded several key bike projects through this year and even called for improvements to dangerous conditions on Fell and Oak streets during this year’s Bike-to-Work Day.

Is Peskin plotting a comeback/payback?

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Many progressives have been disappointed in Board President David Chiu, particularly after his pivotal role in putting Ed Lee into the Mayor’s Office and stacking key board committees with moderates, as well as his controversial swing votes on Parkmerced and other projects. But nobody has been more disappointed than Chiu’s predecessor and one-time mentor, Aaron Peskin (as we detailed in a cover story earlier this year).

Now, knowledgable sources tell the Guardian that Peskin is seriously considering running against Chiu next year for his old District 3 seat on the Board of Supervisors — and that Peskin recently told Chiu that directly — although neither of them is commenting on the record.

So far, Chiu’s run for mayor doesn’t really appear to be catching fire, with Lee leading and only Dennis Herrera, Leland Yee, or Jeff Adachi exhibiting a credible chance of catching him. With many progressive activists actively searching for someone to run against Chiu next year (as Peskin said about another matter, “payback is a bitch”), Chiu is rumored to be eyeing a run for Tom Ammiano’s Assembly seat (which fellow Sup. David Campos is also said to be looking at, probably with Ammiano’s blessing if it happens), either next year or when Ammiano is termed out in 2014.

But Chiu campaign manager Nicole Derse dismisses such speculation, telling us, “The only thing David Chiu is running for is Mayor of San Francisco.  He is not thinking about the 2012 re-election for Supervisor and he is certainly not thinking for a minute about the Assembly race.  If Aaron Peskin decides to run in District 3 next year, it is a free country.”

Mayor Lee likes Question Time just the way it is: scripted and boring

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Mayor Ed Lee appeared before the Board of Supervisors today for his fifth monthly Question Time session, where he was asked by Sup. John Avalos – and subsequently by reporters – whether he would be willing to “change the format to make it a truly interactive, substantive, and dynamic exchange?”
But Lee disagreed with the widespread perception that the scripted nature of these exchanges – a condition that Lee’s office insisted on during negotiations with the board earlier this year, with questions submitted in writing a week before the meeting – is a contrived and dull departure from what San Francisco voters intended when they twice voted to establish Question Time.
“Supervisor Avalos, this is substance, and I think it’s exactly what the voters had in mind with Proposition C,” Lee said, reading from a prepared text. Later, he added, again reading from his script, “I think these are very substantial and dynamic exchanges.”
But apparently, that view isn’t widely shared, as the format has been criticized by a wide variety of media outlets in town, and it was the main topic that the pack of reporters who intercepted Lee in the hallway afterwards wanted to discuss. He was asked whether the session would still be as civil as they are if they were less scripted, and Lee responded that he thought they would still be civil.
“But I like a little more structure to it,” Lee said, adding that he likes to have prepared notes to address the questions that supervisors might ask. “If we don’t set boundaries, it could be a free-for-all.”
But a bit more of a free-for-all is certainly what former Sup. Chris Daly intended when he drafted the legislation, which voters approved as a binding measure last year after first approving it as an advisory measure two years early, only to have then-Mayor Gavin Newsom refuse to come.
For example, when Sup. Sean Elsbernd asked Lee for a status report on the Central Subway project, it’s possible that Lee’s recitation of the project’s benefits might have been followed up with questions asking him to address recent criticisms or the tripling of the project’s costs, which he didn’t mention.
Or perhaps Sup. Eric Mar might have asked a follow-up question when Lee answered the question “Are you willing to require that CPMC enter into a Community Benefits Agreement before their proposal is approved by the city?” by saying, “These community benefits will be incorporated into a Developer Agreement,” reminding the mayor of the premise of his question that many of the benefits that the community is seeking cannot legally be included in the Developer Agreement.
Similarly, Lee also avoided directly answering Sup. David Campos’ question about whether the mayor intends to support legislation by Campos and Sup. Mark Farrell that would require city departments to return to the board for approval of budget supplements when overtime costs are significantly exceeding those that the department budgeted for.
But there is some wiggle room in the exchanges for supervisors who want to freestyle, as long as they are within the narrow confines of civility being practiced at City Hall these days. Elsbernd embellished his approved Central Subway question, calling it an “opportunity to move beyond the clichés and one-liners of political campaigns.”
And when Lee closed his answer to Avalos by inviting him to take part in an upcoming benefit ping-pong match in Chinatown, Avalos asked the mayor, with a slight taunt in his voice, “How is your game?”
To which Lee – perhaps reaching new heights in conflict aversion – said his style of play is “diplomatic and friendship first.” To which Avalos responded, again with an air of challenge, “I used to work at the Boys and Girls Club and played everyday.”
And that, I suppose, is what passes for political conflict and debate at City Hall these days.

SF Labor Council makes surprising dual endorsements

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The San Francisco Labor Council made a pair of dual endorsements last night that reflect the wide ideological range of local unions — stretching from the progressive SEIU Local 1021 that represents city workers to the more conservative members of the trade unions — as well as the power of behind-the-scenes politicking.

For mayor, the council made a dual endorsement of Leland Yee — who secured an early endorsement from the trade unions and has significant progressive support as well — and Dennis Herrera, whose supporters deftly worked to secure the long-shot endorsement for his ascendant campaign.

Similarly, the council gave a dual endorsement in the sheriff race to Ross Mirkarimi, the progressive candidate who has a long list of labor union endorsements, and Chris Cunnie, whose base of support is the police unions and other more conservative groups and individuals. There was no endorsement in the DA’s race.

So how did Herrera and Cunnie manage to land such influential support despite having secured only a few endorsements from individual labor unions? Several of those in attendance wondered the same thing, but several sources say both dual endorsements were engineered by Labor Council President Mike Casey, who heads UNITE-HERE Local 2, whose hotel worker members have been locked in a bitter labor dispute with the big hotel corporations. Casey did not immediately return a call for comment, but I’ll update this post if and when I hear back.   

BART Police arrest journalists and protesters

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BART Police are cracking down hard on a peaceful protest in the Powell Street station, detaining a group of 30 to 40 people that includes almost a dozen journalists, including Guardian reporter Rebecca Bowe, who just called in with a report on the ongoing situation. (For Rebecca Bowe’s account of the BART protest and arrests, with video footage, click here.)

The scene is chaotic and details are unclear at this point, but we’ll report more on this blog post as the situation unfolds. This protest stems from shootings by BART Police, the transit agency’s ban on political speech on train platforms, and its decision last month to cut cell phone service in an effort to scuttle a police accountability protest that never materialized. Today’s protest, organized by the group Anonymous, stated an intention to exercise free speech rights without disrupting BART service.

But BART officials have apparently decided to deal harshly with the protesters and Bowe reports that the group has been detained for violation of Penal Code Section 369i, which makes it a crime to disrupt rail service, outlawing activities that “would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train.”

Yet an attorney working with the protesters notes that mere speech doesn’t hinder operations, noting that section C of that code section specifically “does not prohibit picketing in the immediately adjacent area of the property of any railroad or rail transit related property or any lawful activity by which the public is informed of the existence of an alleged labor dispute.”

While this protest may not involve a labor dispute, it does seem that the ongoing protests against BART are evolving into a test of the agency’s claims of the authority to ban all protest and political speech on its train platforms.

More to come…

UPDATE AT 6:07 PM: The professional journalists in the group have been released after being detained for about 30 minutes, and they’ve been shepherded into an area where they can no longer see the group of arrestees. But a group of three to five San Francisco State University journalism students who don’t have press credentials remain in custody, despite repeated appeals to the police by their faculty advisor Justin Beck.

Burning Man enters a deliberative new phase

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I didn’t see SF Sups. David Chiu and Jane Kim on their brief tour of Black Rock City last week, but I did get the chance to participate in a more authentic political awakening at Burning Man this year, one marked by an increasing number of well-attended public discussions about where this strange and vibrant culture is headed.

And they are discussions that will continue back here in the default world, at events ranging from those sponsored by the new Burning Man Project to the readings that I’m doing for my book, The Tribes of Burning Man, including tomorrow evening (Fri/9) at True Stories Lounge in the Makeout Room, where I’ll appear with writers Joyce Maynard, Adam Hochschild, Gary Kamiya, Alicia Erian, Tyche Hendricks, and moderator Evelyn Nieves.

I was invited onto four different stages (although I regretfully missed one gig due to a miscommunication) at Burning Man this year, and most had capacity crowds of engaged burners who were eager to discuss what’s next and offer their ideas, many of them very insightful and well-developed.

Frankly, I wasn’t sure whether people would want to take time out of their vacations in this fun-filled city to attend lectures and discussions, and the fact that so many did – in venues and stages that popped up all over the playa – shows just how much widespread interest there is in transforming Burning Man into more than just an annual party.

“We were overflowing and people would come back days later and say it was the best discussion we ever had out there,” says D’Andre of Revolution Camp, which hosted talks all week (including the one I missed, for which he said a crowd of about 50 people showed up, about the same size crowd that showed up for my talk on Sunday at Center Camp Stage – which I mistakenly had conflated with my Revolution Camp booking…again, my apologies).

Burning Man board member Marian Goodell said they had similarly great turnouts for the daily public availabilities of the 17 board members of the new Burning Man Project, the nonprofit that will shepherd this culture into its next phase. “There was quite a lively discussion and usually people waiting to talk to the board members,” she said. “It was super successful.”

I had my own private session with new board member Chris Weitz (a longtime burner and film producer and director) in between the presentations that we each gave at the GER Talks, a speaker series hosted by the venerable theme camp Ashram Galactica, where he is the former head concierge.

I urged him to use this opportunity to create a more inclusive and representative governance structure for the 25-year-old Burning Man event, which has always been run by a handful of key players with little by way of checks-and-balances, belying the hyper-collaborative nature of this culture. It was the same message that I had for each of my crowds out there, there this is our culture and it’s up to us to determine its future direction and initiatives.

And if the interest and engagement levels that I saw on the playa this year are any indication, burners are finally ready, willing, and able to start taking this thing to the next level. Or as founder Larry Harvey said in my book, a quote from 2008 that I cited in each of my talks, “That city is connecting to itself faster than anyone knows. And if they can do that, they can connect to the world. That’s why for the last three years I’ve done these sociopolitical themes, so they know they can apply it. Because if it’s just a vacation, well, we’ve been on vacation long enough.”

The super-wealthy want our waterfront

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We are at the Guardian have been raising questions about the deal that the city cut to bring the America’s Cup here – which involves turning prime waterfront property over to wealthy developers with long-term leases – since it was first proposed. But our valid concerns have been largely drowned out by economic development boosterism and the view that we need to simply accept whatever billionaire CEO/sailor Larry Ellison and his partners say they want.

So we were as cheered as we were dismayed to read writer John King’s article in this week’s San Francisco Chronicle about how race organizers are trying to build a harbor for the super-rich to park their yachts so they can watch the races right in the middle of the Embarcadero’s longest stretch of open water and unobstructed bay views, a harbor that would likely be permanent.

King supports the race and its economic benefits. “But we also need to remember that it never hurts to look a gift horse in the mouth. And the open water along Rincon Park is not a cavity that needs to be filled,” he writes. This proposal is so appalling that even Chronicle readers and blog commenters – usually a conservative and curmudgeonly lot that bristles at the idea of asking anything of capital – have overwhelmingly criticized the idea, filling most of today’s Letters the Editor section.

Hopefully, that’s a sign that this idea – which the EIR on the America’s Cup incomprehensibly concluded was not a “significant impact” – is dead in the water. But given how far city leaders like Mayor Ed Lee and Board President David Chiu have been willing to bend over backward to give race organizers what they want, I wouldn’t be so sure.

At its best, the America’s Cup could be a great opportunity to showcase San Francisco and bring in much-needed tax revenues. But if journalists, citizens, and city leaders don’t remain vigilant and skeptical, this race might be remembered most as the ruse that the greedy rich used to sully and exploit one of San Francisco’s most valuable public resources.

SF sued for approving AT&T’s sidewalk boxes without an EIR

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A coalition of San Francisco citizens groups today sued the city over the 5-6 vote last month by the Board of Supervisors to allow AT&T to install 726 utility boxes on sidewalks throughout the city without studying the impact and alternatives with an environmental impact report.

The groups include San Francisco Beautiful (filing its first lawsuit against the city in its 64-year history), San Francisco Tomorrow, Dogpatch Neighborhood Association, Potrero Boosters, and the Duboce Triangle Neighborhood Association. Their appeal of AT&T’s permit was rejected by Sups. Sean Elsbernd, Mark Farrell, Malia Cohen, Carmen Chu, David Campos, and Scott Wiener, allowing the project to move forward.

“The city has refused to do what should be a routine environmental review,” Milo Hanke, a past president of San Francisco Beautiful, told us. He said the public should have been allowed to consider alternatives to the “unwanted and unwarranted degradation of the public sidewalks by a greedy corporation.”

While the project will allow AT&T to upgrade its Internet service and other capabilities, many in the technology community told us back in May that there are better options for improving the high-tech infrastructure in the city without the unsightly boxes that will block sidewalks and be magnets for graffiti.

But those groups, and the groups that filed this lawsuit, say they felt ignored by City Hall and AT&T. “We were shut out of the process,” Hanke said. Now, the plaintiffs will go to court to seek an injunction to stop the project as they wait for a ruling on the merits of the case.