Yael Chanoff

SEIU reps pleased with tentative contract

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SEIU reps pleased with tentative contract

After heated negotiations, the city has come to a tentative two-year contract agreement with SEIU Local 1021. 

The union, which represents 12,000 city workers, has staged large protests in recent weeks while negotiators worked on the contract. The union was opposed to pay cuts and increases in health care costs that the city originally proposed.

With the new agreement, city workers will get a three percent pay increase, to kick in next year.

The arbitrator of the negotiations also ruled in favor of the union on the issue of temporary workers, who mostly don’t currently enjoy benefits or job security. Now, temporary city workers who have worked 1500 hours over the past three years will be prioritized for permanent jobs.

The SEIU did compromise on some parts of the deal. The new contract won’t include travel pay previously provided to people who commute outside the city for work. There will also be new restrictions placed on union organizing, as union stewards will need to be “escorted” into what the city deems “confidential areas,” restricting union access to work environments.

Larry Bradshaw, 1021 Vice President, has been at the table since negotiations began in February. “I’m very happy with the results,” said Bradshaw. “Its the first agreement since 2009 where the city is not going to balance the budget on the back of working families.”

In the years since 2009, city workers have had deferred pay wages, wage concessions, and increased health care costs. Bradshaw says the new contract will put base wages back at 2009 levels.

“I think in the first years of the recession our members were willing to sacrifice,” said Bradshaw. “But then year after year, they don’t want to keep doing that when the city is not going after corporations. They’re just sitting on wealth and the city is not taxing that wealth.”

http://vimeo.com/39869973

That sentiment has led to the SEIU’s call for increased taxes on some corporations in the city. That’s the issue they address in the above video, which may become a TV commercial for what may become a ballot measure in November that would restructure the business tax code.

SEIU Local 1021 members are currently in the process of voting to ratify the contract. The vote will be done by Monday evening, just in time for the Board of Supervisors to ratify the agreement at their May 15 meeting.

Who is the brick thrower?

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Who is the brick thrower?

Yael@sfbg.com

The brick-throwing man whose projectiles hit two protesters at the Occupy San Francisco takeover of a Turk Street building on May Day has helped spark intense internal debates in the movement about the use of violence.

But nobody has heard the alleged hurler’s side of the story.

Jesse Nesbitt, 34, was arrested on the scene, and is accused of felony assault, assault on a police officer, and vandalism. I interviewed Nesbitt in San Francisco County Jail May 3. He spoke of his associations with drug addicts and revolutionaries; his previous stints in jails, prisons and psych wards; and his countless arrests on the streets of San Francisco for illegal lodging.

What emerged was a picture of a homeless Army veteran who suffers from untreated mental illness and substance-abuse issues — someone who found a degree of help and solace in the Occupy movement but has never fully escaped his problems. His story is, unfortunately, not unusual — there are many thousands of vets who the system has utterly failed.

Nesbitt told me he was diagnosed as schizophrenic at 16. “From bad things happening, my mental illness has snowballed since then,” he explained.

Nesbitt said he grew up in the projects outside Pittsburgh, Pennsylvania during the 1980s. “It wasn’t too nice,” he explained. When he was 18, he joined the Army.

“I wanted to join the military all my life. That’s what I wanted to do,” he said. The schizophrenia could have stopped him — but “I lied my way in.”

His tour in Korea was during peace time, but he says he still saw combat. “We were supposed to be at peace with North Korea, in a ceasefire. But whenever they got a chance, they shot at us. And whenever we got a chance, we shot at them.

“It hardened my heart. And it gave me a sense of duty to uphold our Constitution.”

Nesbitt returned from South Korea in 1996. Afterward, “I hitchhiked from coast to coast twice. I got married three times. I have a kid in Pennsylvania. I went to jail in Pennsylvania for — being young and stupid,” he said.

Later in the interview, he expanded on his prison time in Pennsylvania. “I did four years and eight months for aggravated assault, theft, and possession of an instrument of crime,” said Nesbitt. “I also did time in Georgia for assault. And I did time in Alameda County for vandalism and weapons.”

In fact, as he tells it, Nesbitt’s time in Berkeley was spent mainly in jail, before he got involved with Occupy Berkeley.

“I don’t know how much time I did in total in Alameda County. I’d be in jail two, three weeks, get out five, six days, then get arrested again. That was from last April to July,” he says.

On the days when he was free, “I was doing what I normally do,” said Nesbitt. “I’d squat somewhere. In the daytime I’d panhandle, go to the library. I was doing a lot of drinking. Then I started getting arrested a lot when I started doing meth.”

That was his life before joining Occupy. “A friend of mine who was shooting heroin at the time said, let’s go join the revolution. It will help clean you up. It helped pull me out of a drug addiction and keep me healthy,” said Nesbitt.

But that wasn’t the only reason he joined.

“I’ve always had revolutionary beliefs,” he says. He spoke of his friends in Pittsburgh. They wouldn’t let him go the G20 protests in 2009, fearing he would be incited to violence.

“I’ve been involved with anarchists for a long time. They pointed out documentaries I should watch, things I should read,” said Nesbitt.

But the example he gave me isn’t your classic Emma Goldman. Nesbitt remembered “The Esoteric Agenda” — a conspiracy-theory film that connects stories about corporate greed with apocalyptic prophecies.

“The education was getting me ready for something,” he said.

At Occupy Berkeley, even while Nesbitt recovered from his meth addiction, he continued to live in a cycle of violence.

“It was in Berkeley out at the Occupy camp. I got into a fight with somebody, I was in a black out. It took six cops to hogtie 135-pound me, so I was talking shit. While I was hogtied, they dropped me on my head. I went from talking shit to unconscious. I slept for the next two weeks,” Nesbitt told me.

His involvement with Occupy San Francisco increased after the Occupy Berkeley encampment was taken down.

Occupy San Francisco, however, didn’t quite progress the way he had hoped. “When they started raiding us in December, I was hoping the numbers would go up. Instead they dwindled,” said Nesbitt.

He was part of a small group of people continuing the “occupation” tactic outside the Federal Reserve Building at 101 Market St. Back in the fall, that sidewalk was a spot where dozens of people held protest signs and meetings all day and many slept throughout the night. After a series of police raids, and as most of those organizing with Occupy moved on to different tactics and projects, some decided to remain there.

Even when the Justin Herman Plaza camp was in full functional form, it was derided as “nothing but a homeless camp.” There were homeless people there, but many found food and other resources, as well as security from both police and other people they feared on the street, leading many to devote themselves to the goals of the protest movement.

The 101 Market camp that emerged in February was mostly a homeless camp — and, although the people there remained fiercely political in their convictions, they certainly didn’t enjoy the safety that the Justin Herman camp once provided.

Nesbitt was one of those people. “The SFPD not letting us sleep, telling us sitting on cardboard was lodging, sitting under a blanket to stay warm was lodging, you can only take so much of it,” he said. “They slammed my head against the back of a paddy wagon last time they arrested me for sitting underneath a blanket.”

His story is not unusual.

“Veterans continue to lead the nation in homelessness,” explained Colleen Corliss, spokesperson for the veterans-aid nonprofit Swords to Plowshares. “There are a lot of factors at play. Those who go to war have a higher instance of mental illness and substance abuse, which ultimately can lead to a vicious cycle of homelessness,” she said. “Even if you serve during peace time, you can still have really traumatic experiences.”

Nesbitt’s experience with the city’s mental health facilities wasn’t enough to break this cycle. “I did get 5150-ed,” he said, describing the term for involuntary psychiatric commitment. “I was in the hospital less than 24 hours, they kicked me out.”

Why? “I threatened to kill a doctor,” said Nesbitt.

Nesbitt’s 24-hour stay was in the overburdened, short-staffed psych ward at San Francisco General Hospital. When the psych wards began closing beds in 2007, it was comprised of four units, each with 30 beds; it is now down to one unit, according to Ed Kinchley, a social worker in the medical emergency department at General.

There’s also a floor in the behavioral health center for psychiatric patients with 59 beds, but “they told the staff last week that they’re planning to close 29 of those beds.”

“Since [the beds] are full almost every day, the bar or the standard for who stays there or who goes in-patient is a lot higher than it used to be,” said Kinchley.

Whatever the reason, Nesbitt was not getting treatment the day of the alleged brick-throwing — and he was having problems. “I was getting an episode the day before it all happened,” he said. “I was afraid to go by myself to sleep because I was hearing voices. Normally those voices tell me to hurt people. I try to keep around people I love and trust that wouldn’t let me do anything.”

Mixed with his schizophrenia is a brand of Constitutionalism that’s not common on the left.

“When you join the military or the police department, you take an oath swearing to defend the United States Constitution against all enemies foreign and domestic,” Nesbitt said. “Now they’re passing the NDAA, Patriot Act, and other bills I don’t know about. They’re intentionally taking away our constitutional rights. We’re supposed to defend those rights, not lie down and take it.

“I think Abraham Lincoln said, if the government betrays us, we’re supposed to take them out.” Nesbitt insists he’s “not a terrorist. No matter what they might say about me in the Chronicle or whatnot, I’m not a terrorist. What is he, then? “I’m a freedom fighter,” said Nesbitt. “I’m fighting for the freedom of everyone.”

Reflecting on violence at the SF Commune

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Reflecting on violence at the SF Commune

Occupy San Francisco protesters entered Catholic Church-owned properties at 888 Turk last night. This is the same building that a similar group occupied April 1, in a peaceful action that lasted about 24 hours. 

The successful reentry was a testament to the spread of skills and cultures surrounding building takeovers by groups like Homes Not Jails. The resulting “rebirth of the SF Commune” was a mellow and pleasant event at first, as protesters on a march from the celebratory Peoples Street Festival joined in the commune. Some held back in the street while others entered the building in hopes of building a “community center”—most remained outside the building, enjoying a free meal cooked and served by some of the same Occupy SF kitchen volunteers that once fed hundreds of people daily at Justin Herman Plaza.


The building occupation was meant to affirm a strong belief in the rights of people to gather and organize, or at the very least have a warm place to sleep at night. It was also an assertion from Occupy: we’re still here, your warnings to property owners to board up their vacant buildings and the chain-link fence you put up in front of 888 Turk (which protesters casually removed upon arrival) won’t stop us.

“The Catholic church owns it. They’re supposed to be doing charity, but they’re leaving it vacant until they can get high rent out of it,” said Jazzie Collins that afternoon, an organizer with Senior Action Network who was there to support the May Day actions.

“There’s too many vacant buildings in this city, while people sleep on the streets.”

Collins spoke only for herself, but her take on the situation matched the sentiments of many who questioned the importance of property rights in the light of unused building and homelessness throughout the city. That’s the same reason that the SF Commune had sprung up in the same building, exactly one month earlier.

Police spokesperson Sergeant Michael Andraychak seemed to believe that this repeat occupation would turn out the same way. “We’re putting up some barricades attempting to restrict access to the building,” said Andraychak around 5pm. “We’re opening traffic back up.”

But not half an hour later, when the police put up the final barricades sealing off access to the building, the dozen or so people who got caught inside pushed back at the barricade. Police responded with intimidating and striking a few with batons. Then, a man appeared on the roof.

His face was covered in a black bandanna. He raised his arms, and in each hand, he held a brick. Onlookers began shouting, “don’t throw those!” He did though. He hit one man in the face, a fellow protester who, according to one source, has supported the Occupy SF effort since the camp.  

The mood of the crowd chilled. The brick-thrower held up more bricks, menacingly. 

Police closed the street off to traffic. Soon most protesters, supporters, and interested bystanders were on the other side of Gough or in the park, watching the events. A few spoke to and yelled at police lined up on the corners. Hundreds more police stood ground on Turk in front of the building. A few dozen remained inside, including one who had appeared on the roof, taken the bricks from the assailant, and tossed them off, out of reach.

Police arrested a suspect for the brick throwing as he exited the building out the back. Jesse Nesbitt, 34, is in custody in San Francisco County jail on $150,000 bail. According to sheriff’s department spokesperson Susan Fahey, he has been charged with three penal code violations: felony assault with force likely to cause great bodily injury (245a), assault on a peace officer with force likely to cause great bodily injury (245c), and felony vandalism of more than $400, 594b1.
 
A dozen or so remained in the building during the stand-off. Some poked their faces out an open window, hung down peace sign painted on a piece of cardboard, and talked into a megaphone. “We are not armed, we are completely peaceful,” one man assured. Meanwhile, police told press that they estimated 200 were inside and were “stockpiling pipes, bricks.”

The stand-off continued for a few hours until, at 7:30pm, police cleared out of the area. Most activists had left- thousands were massing in Oakland. But 40 or so people remained and re-entered the building. Many stayed until police came around 5am, arresting 26. Seven remain in custody, and all have been charged with trespassing. (Indicating that the weapon stockpiling concern turned out to be false. Which, as far as I could tell inside the building, it certainly was).

At that point, I entered the building as well to speak with those that remained. How did they feel about the violence? Did they think it was connected to the previous night’s events, when mysterious protesters destroyed numerous Valencia St businesses and cars in what some Occupy SF protesters suspect was an act of provocateurs?

For a response to come from Occupy SF, it must be consented on at a general assembly, a long process. So all the respondents represent only themselves- though most chose to remain anonymous. This structure can lead to a troubling lack of accountability: if something harmful happens at an action, who can be expected to explain it and help to prevent it in the future if everyone is responsible for only themselves? At the same time, each personal answer is less riddled in spin than a form answer would be, since people speak honestly, and for only themselves.

The Valencia St destruction “was enough that I didn’t come out and do anything today, whether it was Occupy or not,” one woman who had been “pretty involved in camp, back when it was at JHP” told me. “They were there to piggy back off an Occupy event, to use the organization of Occupy to organize themselves,”

The brick incident, however, did not caution her against showing up, as she did later that night. “Incidents like this happen often with mentally ill or violent people, but they get more publicity when they’re at an Occupy event.”

D, a longtime Occupy SF organizer, said wearily that “we were all surprised” at the incident.
“We weren’t expecting any bricks to be thrown,” he said, “and we didn’t want anyone to get hurt.”

But in terms of preventing similar actions in the future, D said, “We can only do so much. Everybody’s an autonomous individual and we can’t control what they do.”

“We can try to clean up everything that could be thrown, we did that last time. This time we focused more on stopping graffiti in the building. There wasn’t any.”

“That’s my friend. When I saw the brick flying at his face, I was hurt. Half our crew is in the hospital with him right now,” said another organizer. “But the real violence is the system putting people on the street, and the cops enforcing that. I’ve seen [Nesbitt] beat up by police.”

“What should we do, just turn our backs on people with mental illnesses?” another piped up.

“This whole occupy thing at this point is so spread out and separated,” said a self-described Occupy SF supporter. “There are parts that are revolutionary and parts that are more reform, and they’re trying to bridge that. I don’t know what it is at this point anymore. But I know I support a movement to articulate the rage at what’s happening in our country right now.”

Police leave, Occupiers remain

Zelda Bronstein
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The man who was throwing bricks has been arrested — and in an unexpected move, the cops have packed up their barricades and left. Only one barricade was left in front of the door, and the protesters moved it and now remain in the 888 Turk Street building.

UPDATE: About 30 remained in the building as night fell, planning next steps. One anonymous supporter donated pizzas. 26 were arrested in an early-morning raid .

Occupy retakes Catholic Church building

Zelda Bronstein
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Occupy retakes Catholic Church building

The Occupy SF Commune is back.

More than 100 activists went from a march on Market Street to the building at 888 Turk, owned by the Catholic Church, that was occupied not long ago.

“This is our home,” said one OSF person. “A lot of folks love this spot.”

He added: “Any vacant building, people have the right to use it, just like with any vacant land. These are resouces of the commuinity and tney’re not being utilized.

“We’re offering medical care and serving food right now. Everyone is welcome here, and open space for the people, just like the camp at Justin Herman Plaza.”

Lively crowd takes over Financial District

Zelda Bronstein
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Lively crowd takes over Financial District

Click here for more breaking May Day action coverage

About 1,000 people gathered in the Financial District for a May Day convergence, blocking traffic at the intersection of Market and Montgomery and painting a huge yellow sun on the street with the caption “Rise up 99% Levántese!”

The lively crowd listened to music and speeches and participated in street theater.

Police were on hand in a line in front(415) 517-5910 of the Wells Fargo bank but as of the time of this post, there were no arrests.

In sharp contrast to the violence in the Mission, the actions have been peaceful.

The first march left 24th and Mission at around 10:15. Focused on immigrant rights — long a central tenet of May Day in the US — the event was planned by a large coalition including Mujeres Unides de Activas, HAVOC, SF Pride at Work, Young Workers United, and others.

The upbeat crowd of several hundred made its way to 16th and Mission, where police stood by as protesters took over the intersection for street theater.
A giant puppet representing the Earth held center stage. One player represented a banker; another tried to buy a house, but wound up homeless. When the victim of financial-sector greed sat down on the street, a “police officer” arrived to make a sit-lie arrest.

Tiffany Altamirano, with Young Workers United, told us, “My husband is undocumented. People are here whose brothers sisters and parents have been deported.”

The crowd took the intersection for about 40 minutes.

By mid-day the action had moved downtown, to the Westfield Mall, where a banner was dropped inside and pickets stood outside, showing solidarity with the SEIU Local 87 janitors who are in a dispute with building management.

Soon nearly 1000 converged on Market and Montgomery. Activists with The International Forum on Globalization giving away hundreds of books and pamphlets with critiques on global capitalism. A massive cutout of Goldman Sachs CEO Lloyd Blankfein stood in the middle of Montgomery, looking evil, with a message decrying corporate power.

Almost two dozen SFPD cops stood guard, with six police vans waiting nearby to haul away protesters. But the authorities seemed to be just letting the party happen with no orders to disperse.

Steven T. Jones contributed to this report.

May Day protests begin with ferry workers strike

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[Editor’s Note: We’ll be covering May Day events in San Francisco and Oakland throughout the day, so check back for regular updates.]

May Day activities have begun with a strike by ferry workers and Golden Gate Transit workers, halting parts of the morning commute.

About 100 ferry workers picketed at the Ferry Building in San Francisco, as well as the Larkspur Ferry Terminal. In anticipation of the strike, the Golden Gate Bridge District announced that they would cancel morning ferry service yesterday. Service should resume at 2:15.

Workers from the Golden Gate Bridge Coalition say that they have offered concessions of more than $2 million and are still locked in labor disputes, prompting the strike for the traditional International Workers Day. 

“The last thing that bridge, bus, and ferry workers want to do is to inconvenience passengers, but what other option has management left us?” said Alex Tonisson, co-chair of the Golden Gate Bridge Labor Coalition, in a press release.

The strikes come after a rough start to May Day demonstrations in San Francisco. A plan for workers on the Golden Gate Bridge to strike and shut down traffic on the bridge was called off two days before the planned demonstration. Last night, protesters vandalized store windows, cars, and the Mission Police station in a march along Valencia St. Organizers with Occupy SF and Occupy Oakland were quick to distance themselves and condemn the destruction, both physically at the protest and in subsequent statements. 

We will continue to update as events unfold.

SEIU makes noise in City Hall

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SEIU Local 1021 workers say ‘’our message was heard” after about 300 marched into City Hall April 30. The city workers marched around the rotunda and then visited the offices of Sups Mar, Campos and Kim and Mayor Ed Lee, demanding that health care costs do not increase in ongoing contract negotiations with the city.

The city has already taken pay cuts that the union had been loudly protesting off the table. 

“We’re making progress, but not enough progress,” said Local 1021 field organizer Frank Martin del Campo.

He added that “this is the first time to my knowledge a union has militarized during the arbitration process since the process was established in San Francisco.”

The union had stated that they planned to demonstrate until 7:30pm, and then attempt to stay the night in a “Wisconsin-style takeover.” But by 6:30pm, the workers had exited City Hall.

“Our goal was to come and reclaim City Hall,” said Local 1021 vice president Larry Bradshaw. “If they wouldn’t let us in we’d occupy City Hall. They let us in.”

He added that “our members aren’t afraid to get arrested,” referencing an April 18 protest that resulted in 23 arrests.

He said that SEIU will not be on strike for May Day, but many members will be calling in sick and supporting janitors with SEIU Local 87 in their picket at Westfield Mall, scheduled for 11am.

Bradshaw, however, a paramedic. won’t be calling in sick. “I’ll be in arbitration,” he said.

On eve of May Day, Valencia, Mission Police Station vandalized

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A group of protesters left a trail of broken glass and paint tonight as they made their way from Dolores Park to Duboce on Valencia. Windows were broken, garbage cans overturned, paint bombs thrown, and messages saying “yuppies go home” as well as anarchist symbols were spray-painted on several restaurants, art galleries and cafes.

The façade of the police station on Mission and 17th was vandalized and broken.

A gathering at Dolores Park was advertised as a “a ruckus street party to counter gentrification, capitalism, and the policing of our communities.” About 200 attended, and chatted about their plans for the following day’s May Day activities while music played.

Shortly after 9pm, the group left the park and began to march on Dolores. Some overturned recycling bins and vandalized the windows at Farina restaurant minutes after turning the corner on 18th St, while others held back.

Dozens flocked to the sidewalk and began yelling, “this is not an Occupy SF action!”  while passers-by looked on, concerned.

The group turned on Valencia, continuing to shrink in size and break windows. Within half an hour there were less than 50 people in the march.

About 40 of police on foot followed the march along Valencia, trailing behind as vandalism continued. SFPD representatives were not immediately available for comment, but based on witness accounts there were no arrests.

Neighborhood residents were angered and confused by the destruction. One man who did not wish to be named said, “They kept doing it while other people in the march were trying to get them to stop. It was childish.”

Occupy Oakland protester Jesse Smith told CBS he was “more than a little shaken” by the events. 

“I know Occupiers,” Smith told CBS. “None of us have any idea who they were.”

A message on the Occupy SF website reads, “The march in the Mission Monday night was not an OccupySF event. OccupySF does not endorse this kind of destruction of the 99%’s property. The individuals involved in this destruction are not known to OccupySF, and we believe they are outside provocateurs sent in to tarnish the image of Occupy prior to the May Day actions.”

FCC complaint filed on BART cell phone service shut-off and today’s the last day to comment

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Back in August, in the midst of protests, BART shut off its cell phone service.

At the time, we said in an editorial that “The bizarre move by BART officials Aug. 11 to shut down cell phone service in the underground train stations made headlines around the world — and for good reason. It was, Wired Magazine reported Aug 15, apparently the first time in United States history that a public agency sought to block electronic communications as a way to prevent a political protest.”

One of the BART protesters, Colin G. Gallagher, has filed a complaint with the Federal Communications Commission (FCC) about BART shutting off cell phone service, and its public comment period ends today. Starting May first, there will be a limited comment period, restricted only to those represented by a lawyer or government officials, according to Gallagher. You can add your comment to the filing on the FCC website.

This is far from the first complaint on the subject filed with the FCC, and BART has since outlined a policy about cutting off cell phone service.

But it’s another chance to comment on the potentially illegal action by BART that drew rage and claims that BART had violated the first amendment. Gallagher agrees, and wrote in his filing comment that communication should go “unhindered by bureaucracies, agencies, and the measures of dubious legality employed by those who would restrain or cut off access.”

What’s going on for Bay Area May Day?

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UPDATE: The Golden Gate Labor Coalition has announced a change of plans. Instead of Golden Gate Bridge pickets, the coalition will be supporting a strike of ferry workers, who plan to bring all morning ferry service to a standstill. They have announced that the actions at the Golden Gate Bridge are cancelled, and instead workers will be demonstrating in solidarity with ferry workers in Larkspur- specific locations will be announced later today.

May 1, International Workers Day — May Day — used to strike fear into the hearts of bosses. The first May Day in 1867 was a fight for the eight-hour workday in Chicago (see more history at Citizen Radio at the Occupy Oakland Tribune). Since then, May 1 has remained a day when grievances are aired, when students and workers party in the street, when people strike in ways that shows whose really boss (you can’t have that work that keeps everything running without all those workers.) But mostly in other countries.

In the US, the day has diminished in importance, although it has resurged in recent years focused on immigrants rights. But what with Occupy Wall Street, labor and union organizing ramping up, and student strikes, and all these people working more and more closely together, May Day is coming back to the US.

The Bay Area certainly won’t be left out. Here is a list of May Day events, starting tonight and ending–well, who knows when. If you know of others, write them in the comments: it wouldn’t be a decentralized massive attempt at a full-on general strike without you!

THE NIGHT BEFORE (Mon/30)

5:30pm, San Francisco:

City workers from SEIU Local 1021 will gather at City Hall in a continued offensive surrounding their ongoing contract negotiations. The program runs until 7:30 pm, but the protest will go on “until they kick us out!”

8pm, San Francisco:

“The strike starts early” with a gathering at Dolores Park. According to a press release, demonstrators will meet “for a ruckus street party to counter gentrification, capitalism, and the policing of our communities.” www.strikemay1st.com/the-strike-starts-early

MAY DAY (Tue/1)

All day:

National Nurses United/California Nurses United is on strike at Sutter Health locations throughout the Bay Area. According to a press release, “some 4,500 RNs will be affected by the planned walk-out.”

ILWU Local 10, which worked in solidarity with Occupy Oakland in two port shutdowns last fall, is planning another one. They say that a work stoppage will halt the Port of Oakland’s operations all day.

7-10am, San Francisco:

The Golden Gate Bridge labor coalition, representing several unions of workers on the bridge, have been without a contract since April 2011. They originally called for a strike and resulting shut down of the bridge- and had massive support behind them. They’re now saying the protest will involve picketing at the bridge instead. So come join a picket, or if you cross the bridge don’t take the workers for granted- the bridge doesn’t work without them. www.occupythebridge.com

7am, San Francisco:

Meet at 16th st and Mission to be a part of the first SF Bike Cavalry of the day, a critical mass that will ride to the Golden Gate Bridge in solidarity with the picket. www.sfbikecavalry.org

8:30am – 12pm, Oakland:

Occupy Oakland will join others protesting, picketing, and generally striking at three (or four?) “action stations.” Meet at Snow Park for a “flying picket” that will “shut down banks and the Chamber of Commerce.” Meet at First and Broadway to “occupy Child Protective Services” in response to a decision they made to de-grant custody of one woman’s children based in part on her involvement in Occupy Oakland. Meet at 22nd and Telegraph to cause mayhem at uptown and downtown business associations. www.strikemay1st.com/119/

10am, San Francisco:

A rally and march for immigrants rights (the people who have been holding down US May Day for years.) Meet at 24th St Mission Bart for a march to 16th St. 

11am, San Francisco:

Janitors and retail workers at Westfield Mall are engaged in an ongoing labor dispute, and they’ll be picketing in solidarity at 5th and Market. 

11am, San Francisco:

A second SF Bike Cavalry will convene at Justin Herman Plaza to support the janitors strike, the immigrants’ rights march, and the Peoples Street Festival

11:30am, Hayward:

The Amalgameted Transit Union Local 192 will protest “substandard conditions” and “institutionalized racism” (according to a press release) at the operators of AC Transit, A-Para Transit Corporation, 22990 Clawiter Rd in Hayward.

12pm, San Francisco:

All the San Francisco students who walk out of school, workers who call in sick, people who usually do all the housework, who, for the day, say screw it, and other “general strike” participants will converge at Montgomery and Market for the People’s Street Festival. Music, performance, art and fun for the whole family. 

Noon-1pm, Oakland:

A mass rally in Oakland, at 14th and Broadway, with food, speakers, music, activities, and generally a lot to do that you can’t if you’re at work. 

1-3pm, Oakland:

According to Occupy Oakland “After the rally, those in attendance have the opportunity to stay downtown or join one of the autonomous actions that will be departing from 14th & Broadway to continue shutting down various capitalist institutions in the downtown area.”

3pm, Oakland:

Meet at Fruitvale Plaza (next to the Fruitvale Bart station) for likely the biggest action of the day. The March for Dignity and Resistance is being called the Bay Area’s regional protest and supporters will be there from all over the area. mayday2012.blogspot.com

6pm, San Francisco:

Celebrate workers rights at a fundraiser for Young Workers United, a self-described “multi-racial and bilingual membership organization dedicated to improving the quality of jobs for young and immigrant workers.” The party is at El Rio, 3158 Mission. www.occupysf.org

On May Day, local groups who have taken to occupying spaces in ways other than public square-camping will be ramping up their efforts. The occupied farm at Gill Tract will push on, and in a message from Occupy San Francisco: “On May Day, the SF Commune will open it’s doors and conduct another Open Occupation in solidarity with the May 1st General Strike.” So if you’re looking for someone to sleep while protesting a complex web of oppressive forces Tuesday night, you may be in luck.

For more information, see www.strikemay1st.com, a clearinghouse for Bay Area May Day plans.

Also see:

www.occupythebridge.com

www.occupysf.org

mayday2012.blogspot.com

www.decolonizeoakland.org

www.occupyoakland.org

Fly Benzo sentenced to three years probation

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Debray Carpenter, aka Fly Benzo, was sentenced in court April 27. He received three years of probation with a long list of conditions.

Benzo, student at City College, was arrested at an Oct. 18 rally in Mendell Plaza. During that incident, police officers John Norment and Joshua Fry of the Bayview precinct apparently unplugged a boombox that they said was not authorized in a street outlet. Then, when officers began videotaping Benzo, he took out his camera phone and began videotaping them as well. He was convicted of misdemeanor assault of a police officer and misdemeanor resisting arrest by Judge Jerome Benson on Feb 22.

April 27, in a courtroom with dozens of supporters, the judge announced that Benzo would serve six months each in county jail for three counts of which we was convicted, but as the six-month sentences for counts one and three could be served concurrently, the jail time would add up to a year total.

However, these sentences were suspended, and barring a change, Benzo will not serve that jail time.

The conditions include a ban on the possession of weapons, a requirement to submit to any search and seizure by police officers with or without a warrant, an order to complete anger management classes, a stay-away order from Third St. between Oakdale and Quesada, a requirement that he be enrolled full time in school and/or work, a requirement to obey all lawful orders by a police officer as well as remain arms-length away from all police officers, and about $1,000 in fees for expenses like booking and court assessment.  

The judge also ordered 30 days in country jail, although 11 days already served brought the sentence to 19. However, Benzo will likely serve those days through the sheriff’s work alternative program (SWAP)—that means 19 days sweeping up the sidewalks in an orange vest. 

Benzo served the 11 days before he was released on $95,000 bail.

Judge Benson also ordered that Benzo apologize to SFPD officers Norment and Fry, although the apology is not a condition of probation.

“A true apology comes from within, and it would not be a true apology if I order it,” said the judge, who came out of retirement to preside over Benzo’s case.

Benzo’s lawyer Severa Keith stated objections to two of the conditions: the requirement to submit to searches and the stay-away order. Keith objected to the search requirement on the grounds that neither contraband nor weapons plays no part in his case, and Benzo was not in the possession of either at the time of his arrest.

The area of the stay-away order includes Mendell Plaza.  An important public square in Bayview, the plaza’s meaning was given new weight when it was the site of the killing of Kenneth Harding, Jr. 

Harding, 19, was killed in August 2011. Harding was leaving a T train when police asked to see his transfer. Harding presumably panicked and ran away from the police. Officers shot at him as he ran, then, in a video that has circulated widely, stood around him as he bled to death.

Mendell Plaza is directly across the street from the Joseph P. Lee recreation center and the Bayview Opera House, some of the main neighborhood venues for entertainment and community gatherings. This street that divides the plaza from the opera house and rec center- Oakdale- is the cut-off for the stay-away order, so both Keith and Benzo asked Judge Benson to specify whether these locations were included in the stay-away. 

After studying a map of the area, Judge Benson concluded that the opera house and rec center are outside the bounds of the stay-away order. 

“We just did an event a few weekends ago where we fed over 100 people at that location,” said Benzo to the judge. “This order will prevent me from serving the community in the way that I do, as well as providing entertainment and education for the community.”

According to Benson, there’s a chance that the stay-away condition will revoked or altered when it is brought up again at Benzo’s SWAP hearing, scheduled for June 8. 

Keith said of the sentence, “It’s not bad. I was working for probation, not jail time.”

However, she still plans to appeal, in large part due to what she sees as crucial evidence that was excluded from the trial surrounding Benzo’s history with the officers Fry and Norment. 

According to Keith, the jury didn’t hear evidence about “racist and unprofessional things” that the officers said to Benzo on occasions leading up to the incident.

“They deliberated for a long time- four days. And what I heard from the jury was that they though police were baiting him, and didn’t condone the police behavior, but they thought Debray’s reaction was too much under the circumstances,” said Keith.

But Keith said those circumstances include a long history of police harassing Benzo.

“It wasn’t a one-time thing,” she said. “And we have witnesses ready to testify to that.”

As for Benzo, he’s relieved not to be serving jail time, but wary of many of the conditions. 

“They gave me a stay-away order, which they usually don’t give unless you’re caught dealing drugs,” Benzo told the Guardian.

“It will drastically affect my life. Now I can’t even organize in the community.”

Why three families, who never missed a rent payment, may face eviction

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Alma Sierra has been living in her home at 490 Athens for three years. Sierra, her nine year old son, and two other mothers with their children share a rental unit. They have diligently paid their rent, and her son goes to school across the street. But last year, US Bank foreclosed on the small-time landlords that owned the property- now, the tenants face eviction.

“We’re three single mothers with children. We don’t have the means to just up and leave,” Sierra, a part-time domestic worker, told me through a translator from Causa Justa, an organization that works for tenants’ rights.

Their work helped pass the Just Cause eviction policy for which the organization is named last year.

Under city law, a landlord needs one of 14 reasons to justly evict a tenant. The reasons include failure to pay rent and trashing the property, as well as owner move-in and Ellis Act evictions.

But the foreclosure crisis has brought on a wave of bank-owned properties. These are tricky situations legally; banks generally want to sell the property, a task made more difficult if there are pesky tenants living there.

“The banks want to get rid of the tenants. The realtors for the banks always tell them they can get more money if there aren’t any tenants in it. Because that way they would have to do an owner move-in eviction,” said Tommi Mecca, a long-time tenants’ rights advocate in the city.

According to Mecca, US Bank has been pressuring the three families to leave the building, although no eviction papers have been filed yet. The Guardian is awaiting calls back from US Bank representatives.

In fact, it was only recently that the tenants even learned about the change of ownership, and contacted Causa Justa to ask for assistance.

The San Francisco Housing Rights Committee (SFHRC) got involved, as well- and discovered that the foreclosure had likely taken place in March of 2011.

“We got no notice about it,” said Sierra.

She added that she and the other tenants had continued to pay their rent to the former landlords for almost a year– even after the landlords no longer owned the property.

“It can take many months, in some cases longer, to actually sell property,” said Sarah Shortt, an organizer with the SFHRC.

“So in the meantime the bank is the landlord and they haven’t been responsible in lending or as landlords. They tend to disregard tenants’ rights and trample over the needs and concerns of renters.”

Even when tenants are made aware that the property they live in has been sold back to bank, it can often be difficult to determine who to turn to for repairs, complaints, or even the right address for rent checks.

“One of the things we see a lot of is, the bank acquires the property and then they’re just MIA. Tenants come to us and say, we don’t know who owns our building, where to pay rent, who to ask to fix leaky ceiling. We help them research to find who owner is,” said Shortt.

These situations often end with buy-outs, in which the bank pays the tenants to leave the property. The amount ranges, but according to Mecca, it can often be insubstantial.

“They start at $1,000, $3,000, something really insulting. And it’s only if tenants walk in somewhere like [the SFHRC] that we tell them, wait a minute, your tenancy is worth so much more than that.”

As for Sierra and her roommates, they are determined not to leave.

“We don’t want to leave,” said Sierra. “We didn’t do anything wrong.”

At a press conference in front of a branch of US Bank on 16th and Mission today, more than 40 supporters came out to support the tenants in their attempts to stay in their home. In compliance with police, they left an aisle for pedestrians and blocked neither the sidewalk nor the street, and made efforts to allow customers room to enter and exit the bank. The manager opted to lock the doors anyway.

Once the door had been locked, some of the children who live in the unit taped letters they had hoped to deliver inside to the doors. One letter reads in part, “We have nowhere to go. None of our families can afford to move. And we shouldn’t have to. As tenants, we have rights in San Francisco.”

The letters cites a recent report which states that 2.3 million children in the United States have lost their homes to foreclosure  that one in eight children in the United States has been affected by foreclosure (based on data for loans that were made between 2004 and 2008.)

And supporters plan to keep up the pressure on banks in these and other cases of foreclosure and eviction- there’s hardly a lull before an “occupy the auctions dance party” planned for tomorrow.

For Shortt, the housing issue fits squarely into heightened protest activity launched by occupy protesters last fall.

“I think that’s one of the most important pieces of the occupy movement, starting to educate ourselves and each other about how ubiquitous the toll that’s been taken on cities, neighborhoods, communities by banking industry and one percent,” said Shortt.

“Any of these cases we talk about homeowners, renters, it’s the 99 percent we’re talking about, and tends to be the lower tier of the 99 percent, low income people are being disproportionately hit by this.”

The (latest) battle of KPFA

Jesse Hawthorne Ficks
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The (latest) battle of KPFA

yael@sfbg.com

If you’re a member of KPFA, the progressive Berkeley radio station, you’ll be receiving a ballot in the mail shortly with one issue at hand: the recall of Tracy Rosenberg. She’s an elected member of the Local Station Board, and her critics want her removed from office.

Rosenberg is also the former chair of the Finance Committee at Pacifica Network, the nonprofit that owns KPFA. And she has become the face of a conflict at KPFA that is about issues much bigger than Rosenberg herself. The petition to recall Rosenberg accuses her of stealing an email list of KPFA supporters, of election fraud in a 2011 Local Station Board election, and of orchestrating the cancellation of the station’s beloved Morning Show. But there’s a deeper issue here: How should the famously fractious KPFA handle a downturn in financial support — and should the station rely more on volunteer programming and less on paid professional staff? How will the station, which is an essential part of the Bay Area left, face a changing media landscape?

As the staff at KPFA—administrative and broadcaster, paid and unpaid, union and non-union—try to answer these questions, most of them with a real commitment to progressive radio, they are also mired in a political dispute that’s been draining for everyone involved.

KPFA has a long history of providing news and critique that supports progressive efforts and questions the status quo. But, like most businesses, it took a hit in the 2008 financial crisis.

That came a decade after some dramatic governance changes. In July 1999, Pacifica put all the local staff on administrative leave and brought in staff from Houston affiliate KPFT to run the station. In response, hundreds protested in the streets, and the establishment of a detailed democratic governing structure came out of the dispute. Soon after, listener donations took off—parties on both sides attribute this to an increased demand for progressive content in the wake of 9/11 and the war on Iraq. But around 2007, KPFA started to use up the last of its reserves.

According to data provided by the station, listener contributions peaked at more than $4 million during fiscal year 2005, and then began to level off. By 2010, donation income was back below $3 million —still more than 2001 levels. As donations dropped significantly during those five years, salaries and related personnel expenses continued a slow and steady increase, and KPFA managed to avoid outright staff and programming cuts.

That is, until September 2008, when the hosts and producers of the Morning Show were laid off and the show cancelled.

According to the recall campaign, the lay offs were retaliatory (the Morning Show staff had criticized Pacifica management on the air). According to defenders, canceling the Morning Show was a necessary budget decision. The recall campaign argues that the dire financial situation has stabilized after the Morning Show was cancelled; the recall people say that the local board had already balanced it through buyouts. The recall crowd says donations have gone down; the other crowd, they’ve shifted, but remain about the same. According to Brian Edwards-Tiekert, one of the forces behind the recall effort, “At the start of the dispute were these retaliatory firings a year and a half ago. It became a recall because of how they dealt with it.”

The Pacifica Foundation has partnered with KPFA since they were both founded out of anti-war movements in the late 1940s, but their relationship has evolved over the years. As it stands, KPFA and Pacifica’s four other member stations pay yearly dues to the foundation; Pacifica, in turn, provides program that is syndicated over many stations such Free Speech Radio News and Democracy Now!

The Save KPFA campaign website makes the case that Pacifica “uses KPFA as a cash cow,” and notes money KPFA loaned to Pacifica around 2000, from which Pacifica apparently still owes KPFA $1.4 million.

As a staff-elected representative on KPFA’s Local Station Board, Edwards-Tiekert pushed back on attempts by Pacifica to seize station funds. The Morning Show invited Pacifica’s executives onto to the airwaves and “challenged them about how much they were taking from KPFA, and about Pacifica’s spending priorities,” the site reads.

“All of those charges are somewhat overstated. There’s a certain percentage of KPFA’s budget that goes to overall expenses,” Rosenberg told us. In fact, according to Rosenberg’s allies, the situation was reversed; KPFA had run out of funds and was threatening to bankrupt Pacifica. In response to budget shortfalls, Pacifica’s executive director Arlene Engleheart “asked all five Pacifica stations to cut down on paid staff 2-3 years ago, as the only way to meet escalating deficits, KPFA’s 4 “sister” Pacifica stations have already done this. Only KPFA continued to employ more paid staff than it can afford.”

According to the website of a campaign against the recall, Support KPFA, in the fall of 2010, KPFA owed Pacifica more than $100,000 in unpaid dues. “At that time I was the representative from KPFA at the national Finance Committee, which does the budget from KPFA after it comes back from the local level,” said Rosenberg. She claims that the budget that the board came up with came short of meeting expenses.

“So as a board member I went to the station and said, where’s the budget? So I pushed for a couple of meetings saying look, a budget has to come up here that makes sense and is balanced. I told the executive director it was her responsively to make sure a plan for a balanced budget went forward. I would say that I put some pressure on the executive director to make some hard decisions.”

Communication Workers of America Local 9415, a union that represents KPFA’s paid workers, brought the issue to the National Labor Relations Board in late 2011, and the federal agency dismissed five charges of retaliation and layoffs out of the seniority order. Edwards-Tiekert, however, was reinstated as the result of a successful union grievance.

The other charges on the recall petition include putting forward two motions to overturn Jan 2011 local station board elections under fraudulent auspices and for specious reasons and misappropriating a list of KPFA members’ personal email addresses.

The election fraud charge refers to a motion Rosenberg brought disqualify Dan Siegel, an attorney who was elected to the Local Station Board, from holding his seat, based on Pacifica policy barring individuals who hold a public office from serving on the board.

“I pointed out that this seemed to be a violation of the bylaws. That’s all I did,” she said.

But the incident turned into a court battle, and a judge eventually issued an injunction reinstating Siegel.

The email theft charge refers to an email blast that Rosenberg sent out concerning the Morning Mix, the Morning Show’s replacement.

The Morning Show provided an in-depth look at stories from around the Bay Area. It had, and still has, a large following. “The corporate media doesn’t cover real issues as they really affect people,” said Sasha Futran, a listener member of the Local Station Board. With its cancellation, she said, “I want to know what’s going on. I want intelligent analysis.”

Democracy Now!—the foremost example of professional progressive journalism in the country—is now KPFA’s highest donation-generating show. And in style and content, the Morning Mix is distinctly not a Bay Area version of Democracy Now!

Instead, it is a show with rotating hosts Dennis Bernstein, Davey D Cook, JR Valrey, Andres Soto, Anita Johnson, Peter Phillips and Mickey Huff. The content and approach varies depending on the host.

Henry Norr, a listener and elected member of the Local Station Board, is pleased with the format, and thinks it might represent a good path for KPFA. “The station should be more community-oriented. We should have a diversity of voices, and lots of people on who aren’t skilled or paid but represent progressive voices and active movements,” said Norr. The new show has increased coverage of Richmond politics and has provided a forum for Valrey and Cook to talk about left-wing politics from an African-American perspective.

But cutting the Morning Show had its financial implications: The old format brought in significantly more donations than the Morning Mix. According to KPFA documents, donations have increased in other time slots that air more traditional-sounding journalism, including during Letters and Politics, Flashpoints, and the Evening News.

So the recall is about the Morning Show, but it’s also about the future: Should KPFA seek to retain a traditional structure, with paid staff who can earn a decent living and focus on making news programs whose quality compares to that of more mainstream outlets? Or should the station solve its budget woes by relying on more community volunteers with more wide-ranging content?

And should the people who work at KPFA have the right to discuss the station’s finances, policies and future openly, on the air, without fear of retaliation?

Rosenberg or not, those issues aren’t going away.

 

Pissed off shareholders, homeowners, and taxpayers converge on Wells Fargo meeting

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Wells Fargo managed to hold its shareholder meeting April 24, but not without difficulty. A protest against the bank’s ongoing part in the foreclosure crisis, investments in the private prison industry, and record of tax dodging brought some 2,000 people to the West Coast Wells Fargo headquarters at 465 California St. for the meeting.

A broad coalition, including more than 180 Wells Fargo shareholders, as well as organized labor, students, immigrant rights advocates, and Occupy protesters, swarmed the building. Many entered the building, and others blocked its entrances and set up a stage on California, turning the block between Montgomery and Sansome into a combination alternative “stakeholders meeting” and block party.

Streets surrounding the headquarters were closed for more than four hours, as both protesters and some 200 police in riot gear stood their ground; there were 24 arrests, mostly for trespassing.

Participants hailed from across the country, from students from the University of Minnesota to steel workers from Redding, Penn. Demonstrators were explicitly and enthusiastically “non-violent.” One local organizer from the Alliance of Californians for Community Empowerment (ACCE) announced, “This is a non-violent direct action,” to an eruption of cheers from the crowd, at a rally preceding the march.

Police say organizers stuck to their tactical intentions. “I think it was a successful event,” said Sgt. Michael Andraychak, a spokesperson for the SFPD. “They have followed through with their stated objective: to have a peaceful protest.”

The organizers were somewhat less successful in a stated objective to get a large number of discontent Wells Fargo shareholders into the meeting to ask tough questions. More than 180 attended a training to prepare for the meeting on the night of April 23, but less than 30 made it inside.

However, the meeting was cut short, and organizers claim that in barring a number of shareholders, Wells Fargo acted illegally and the result of votes from meeting may be invalid.

Many shareholders were particularly incensed about public subsidies that the company took advantage of in 2008. In an amendment to the tax code that lasted only three months before Congress revoked it, the IRS gave tax breaks to healthy banks that acquired banks that were faring more poorly; Wells Fargo acquired Wachovia during the three month window. As a result, the company received $17.96 billion in tax breaks between 2008 and 2012, significantly more than the cost of the Wachovia deal.

Protesters hoped to disrupt the meeting to demand that the bank pay more taxes. Wells Fargo announced record profits this year, as well as a $19.8 million pay package for CEO John Stumpf. Stumpf has earned $60 million in the past three years.

“If they were paying their taxes, we wouldn’t have to do this” said Al Haggett, a retired San 911 worker who trained dispatchers and police.

Ron Colbert, another shareholder and a worker for Sacramento’s school district, also attempted to enter the meeting. “My sisters and brothers are suffering from foreclosure and they are pocketing our money instead of paying their taxes,” said Colbert.

“Tuition keeps going up every year. I have loans like you wouldn’t believe: $15,000, and it’s just my first year. But I pay my taxes, so why can’t they?” said Andrew Contstas, a psychology major at the University of Minnesota who traveled to San Francisco for the protest.

Determined to shut down the meeting, many groups of protesters entered the building at different times.

Around 10:30 am, about 75 were able to get in and sit down in the lobby, refusing to leave. “They said if we dispersed, they would let the shareholders in,” said SEIU Local 1021 organizer Gabriel Haaland, referring to the shareholders who came to protest and air their grievances. “They still didn’t. But they let shareholders in from either side.”

Many non-protester shareholders were able to enter through back entrances, escorted by police.

Workers from several unions who are currently locked in labor disputes, including janitors with SEIU Local 87 and AT&T technicians with local Communication Workers of America chapters, were also present at the protest. A stage set up in front of Wells Fargo turned California into an arena in which worker, student, homeowners, and immigrants told their stories.

Chris Drioane of CWA Local 9410 said that he is fed up after he worked 80-90 hours per week with no days off though the 2011 holiday season. “I worked from Thanksgiving to Valentine’s Day with no days off,” said Drioane.

The SFPD made 20 arrests, six for “chaining themselves to an object” and 14 for “some form of trespassing” after Wells Fargo asked them to make the arrests. Four were arrested by the Sheriff’s Department for interfering with an officer.

Ruth Schultz, a shareholder who was arrested inside the meeting, said that those who entered were able to speak. Several stood up and spoke individually before they were escorted out; afterward, the remaining protester-shareholders mic-checked the meeting and expressed their desire that Wells Fargo cease investment in private prisons, give principal reduction to all underwater homeowners, and pay “their fair share” of taxes. Police handcuffed them, and they were cited and released after spending 30 minutes in a room inside the Wells Fargo headquarters.

Schultz says the meeting lasted only 15 minutes after the group was detained, and was “ceremonial at best…They went on about their profits this year, how they’re sitting on the most capital they’ve ever had before.”

She says she was particularly frustrated from one statement made by CEO John Stumpf. “He said, ‘we’re proud of our mortgage business. In fact, I love our mortgage business.’”

A press releases from organizers explained that the protest was part of “99% Power, a national effort to mobilize well over 10,000 people, from all walks of life and representing the diversity of the 99%, to engage in nonviolent direct action at more than three dozen corporate shareholder meetings across the country.”

The national group plans to create similar chaos at a Bank of America shareholder meeting in Charlotte, NC May 6.

Alerts

Andrew Lam
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WEDNESDAY 25

Court support for Oaksterdam arrestees Oakland federal courthouse, 1301 Clay, Oak, 9:30 am, free. About 60 percent of Californians support medical marijuana, and a similar percentage are likely quite pissed off following federal raids on Bay Area businesses that dispense medical cannabis as well as the trade school that launched careers in the growing industry, Oaksterdam University. When property was seized and medical marijuana defenders arrested last week, there was an uproar, and that uproar continues Wednesday, when a handful of those detained have a court date. Show up to held support those arrested and continue the fight for safe access.

SATURDAY 28

Learn the Art of Seeding San Francisco Public Library- Parkside Branch, 1200 Taraval, SF, www.feeltheearth.org, 3-4pm, free. Join Jonathan Silverman (aka Victory Farmer), director of Feel the Earth, for a workshop teaching kids how to plant seeds and keep them growing. Anyone three years old and above is welcome to connect with their plants and learn to cultivate them at this engaging workshop. They will probably get to leave with some brand new peas.

Walk Against Rape The Women’s Building, 3548 18th St, SF www.sfwar.org 11am, free or fundraising optional. Every two minutes, a sexual assault occurs in the United States. Women Against Rape have long provided a crisis hotline and other services for people dealing with sexual assault, as well as a safe space to share stories. April is sexual assault awareness month, and WAR will conclude it with the Walk Against Rape- continuing the struggle against sexual abuse of all kinds.

Green Action Walkathon McLaren Lodge, 501 Stanyan, SF www.greenaction.givezooks.com 10:30am, free or $15 for T-shirt towards fundraising. A beautiful walk through Golden Gate Park, for a good cause. Green Action is an organization dedicated to fighting localized environmental hazards. It’s stopped toxic waste dumping from Hunters Point to indigenous land in Ward Valley. Now, it invites you to “Join communities and individuals affected by environmental pollution in the march toward a healthy planet.”

TUESDAY 1 May Day Many locations. See www.strikemay1st.com for round-up of Bay Area events. This is going to be big. A call for a May Day general strike has resonated throughout the world, and in the Bay Area everyone from labor to Occupy groups plan to heed that call, hard. There will be a slew of events as organizers tell everyone: no work, no school, no shopping, no housework. Instead, take to the streets for everything from a family-friendly street festival to a marches throughout Oakland and San Francisco to what Occupy SF has announced as a “rebirth of the San Francisco commune.” Some groups will even kick off the day early, with an April 30 “ruckus street party” in Dolores Park and SEIU protest at City Hall. So call in sick- you might not be able to get to work anyway, as a group plans to occupy the Golden Gate Bridge that morning.

Activists demonstrate, spend the night outside Wells Fargo

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About 50 gathered for a demonstration April 23 outside the west coast Wells Fargo headquarters on Montgomery and California- and 20 stayed the night- in a plan to “Occupy Wells Fargo” for the bank’s shareholder meeting April 24.

Several organizers from non-profits and community groups aired their complaints about Wells Fargo, including their role in the foreclosure crisis as well as investments in the private prison and coal industries. 

Wells Fargo is a substantial investor in GEO Group, whose “operations include the management and/or ownership of 114 correctional, detention and residential treatment facilities encompassing approximately 80,000 beds,” according to its website. 

Amanda Starbuck of Rainforest Action Network decried Wells Fargo’s investments in the coal industry, especially mountaintop removal mining– a mining technique in which the top of a mountain is blown up, to attain access to coal. Many environmentalists oppose the practice, which leaves mountains flattened and barren, while allowing for the flow of sediment and mining chemicals into rivers and streams. 

“These projects would not be able to happen if banks like Wells Fargo didn’t invest in them,” said Starbuck to the group.

After the events ended around 10pm, protesters remained, serving food to passers-by and preparing for today’s events. One woman projected the word “shame” in glowing letters beneath Wells Fargo’s sign. 

“So John Stumpf [CEO of Wells Fargo] said, that’s a moral hazard to give principal reduction to people who are getting foreclosed on, but it’s not a moral hazard for Fannie Mae to buy up all these crap mortgages from us, and put the taxpayers on the hook,” Jane Smith, a longtime Occupy San Francisco organizer, explained enthusiastically to a small group of other protesters sitting on the sidewalk taking notes. 

Organizers say they expect at least 1,000 people to protest outside the company’s shareholder meeting.

20 remained over night outside the bank, about 16 lined up in sleeping bags. Police stood by throughout the night- there were no conflicts. 

Protesters plan to meet at Justin Herman Plaza at 10am for a march to the shareholder meeting.

SEIU rally draws 1,000 to city hall

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SEIU rally draws 1,000 to city hall

More than 1,000 city employees gathered at City Hall April 18 for a protest that ended in 23 arrests.

The protest comes as the SEIU Local 1021 contract negotiations with the city’s employee relations division are underway. According to Larry Bradshaw, Local 1021 vice president, the city’s proposal may result in pay cuts and health care cost increases for city workers.

“Here’s your negotiations update. The city and county wants you to take another 2 ½ percent pay cut this year and next year. The courts want their court-workers to take a five percent pay cut indefinitely,” Bradshaw, who works as a paramedic, told the crowd.

He also claimed that: “If you have Kaiser, under the city’s proposal you’re going to pay six times more than you’re paying currently. If you have Blue Shield, you’re going to pay twice as much. If you’re on the city plan—I’m not making this up—you’re going to pay one hundred times more than what you’re paying right now.”

Workers at the rally ranged from hall janitors to General Hospital nurses to Department of Emergency Management dispatchers donning shirts reading, “we run 911!”

Workers from the International Federation of Professional and Technical Engineers Local 21 also attended to show solidarity.

Sups Avalos, Mar, Kim, Chiu, Campos and Olague offered their support at the rally.

Around 6:30, the group left city hall and marched down Polk St. City workers then stretched caution tape across Market at Van Ness, in front of a Bank of America branch, and 23 sat down on the street. After a police warning, they were arrested for obstructing the sidewalk.

“We’re sitting to protest the greed of the city. The man is getting raises. The district attorney and the city attorney are getting raises. And they want us to take more pay cuts and furloughs,” said Arlette Smith, a protective services social worker, ten minutes before she was arrested.

The union wants to take these pay cuts off the table.

SEIU Local 1021 spokesperson Carlos Rivera also noted, “we’re sitting by Bank of America because banks and corporations don’t pay their fair share.”

The union is calling into question a tax settlement from 2001, in which a court ruled in favor of several corporations that sued the city over a hybrid payroll and gross receipts tax structure. The union characterizes the resulting loss of about $25 million per year in tax revenue as a loophole.

“The payroll tax is only paid by ten percent of San Francisco businesses, yet they’re asking city workers and non profit workers to continue to shoulder these massive budget deficits year after year,” said SEIU spokesperson Anna Bakalis.

Bakalis said that the SEIU is focusing on reinstating a gross receipts tax after researching alternative solutions for the city budget, if the pay cut and health care increases do not go though.

“We want to be able offer some solutions,” she told the Guardian. “We want to help them fix the budget.”

The union plans to return to city hall for further demonstration April 30 “if they have not taken those pay cuts and health care cuts off the table,” according to Bradshaw.

Pushing back

Andrew Lam
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Pushing back

Dexter Cato has no right to be here.

He’s standing on the corner outside the house he bought in 1990. His four kids, still teenagers, grew up here. He was living here when his wife, Christina, passed away following a car accident in 2009. Next door is the house he grew up in, having spent all his life on Quesada Avenue, in the wide streets and residential friendliness of the Bayview.

Still, the bank says Cato doesn’t belong here anymore, evicting him when his home went into foreclosure in August 2010. Yet Cato and his community not only fought back and reoccupied the home last month, they have turned it into a community center and base of operations from which to fight other foreclosures in the area.

The house, at the corner of Quesada and Jenning, is draped with banners, such as “Banks: no foreclosures!” and “keep families in our homes!” In the rain on March 16, when they were unfurled on the property that has remained vacant for nearly two years, surrounded by neighbors and friends, Cato moved back in. It was a gamble and an act of civil disobedience. Now they feel festive; it’s been a month, and no one has shown up to tell Cato he has to leave.

It has become a home base for a who’s who list of “foreclosure fighters,” the name taken on by Cato and others who have, in recent months, gone to extreme means to prevent banks from foreclosing on their homes. There’s Vivian Richardson, who got her foreclosure rescinded after 1,400 emails to her loan servicer. There’s Alberto Del Rio, who was ignored and told that his paperwork was lost during a Kafka-esque two-year loan modification attempt, only to win a meeting with top Wells Fargo executives last month after Occupy Bernal got behind his cause. There’s Carolyn Gage, who took a cue from protesters downtown and occupied her Bayview home in November.

Those taking on the foreclosure crisis certainly have a big task ahead of them. Since the market collapsed in 2008, there have been 12,410 foreclosures in San Francisco, according to data from RealtyTrac as compiled by the Alliance of Californians for Community Empowerment (ACCE). The neighborhoods with the most foreclosures are Ingleside-Excelsior/Crocker Amazon, Visitacion Valley/Sunnydale, and Bayview-Hunters Point, with more than 1,000 in each neighborhood. But the number of home foreclosures are in the hundreds in every neighborhood in San Francisco.

Despite the pandemic, many San Francisco residents say they felt distinctly alone in the events surrounding receiving notice of default.

“I’ve lived in Noe Valley since 1972,” said Kathy Galvess, an activist we spoke to Cato’s basement. “I didn’t know anybody who had been foreclosed on.”

When she got her eviction notice and, hooking up with ACCE and Occupy Bernal, faced her situation and the extent of the crisis, she wondered if her neighbors knew something she didn’t.

“I asked around the neighborhood, no one had any idea,” she said. “That’s how the banks get away with it. We suffer in silence.”

Carolyn Gage echoed that sentiment. “A while ago, foreclosure was shameful. But now it shouldn’t be. It’s happening in a systemic way, so people are getting over that shame,” she told me and several neighbors March 24 during a barbecue at Cato’s house.

This shame came in part from the illusion that the onslaught of seemingly affordable home loans from the housing bubble’s height were, in fact, affordable.

“The easy money fueled the ability for people to refinance every one or two years. A lot of people did that and just lived on it. Certain people used it, some abused it, others got caught up in it,” said CJ Holmes, a real estate broker in Santa Rosa who became interested in understanding the meanings of the crisis when the value of property she owned plummeted in 2008.

While President Bush signed on to Troubled Asset Relief Program (TARP) in 2008, and bailouts to Fannie Mae and Freddie Mac continued to roll out well into the Obama presidency, foreclosures were steadily clearing San Francisco of longtime residents, not to mention property tax and home values on foreclosure-stricken blocks.

There were advocates working on the behalf of those getting evicted. The Alliance of Californians for Community Empowerment looked into cases and worked to discern the complex chain of entitlement, talk to the right people, and try to get loans modified. HUD-certified organizations like the Mission Economic Development Agency (MEDA) and the San Francisco Housing Development Corporation (SFHDC) counseled homeowners and waded through paperwork.

“The modification process takes an average of 12 months to complete,” said Jose Luis Rodriguez, a foreclosure counselor with MEDA, in an email. The loan modification process can make or break a homeowners chances of keeping their home, leaving them in what he called “purgatory.”

Assessor-Recorder Phil Ting later concluded that in 84 percent of foreclosure cases, there was some kind of faulty paperwork.

“We’d fax documents to banks and they would habitually lose documents. We’d have to fax them sometimes up to 10 times,” said Jonathan Segarra, director of communications for MEDA.

Alberto Del Rio had the same issue. During his loan modification struggle, “we kept having to sign up for a new case,” Del Rio told me. “About every three months. Generally because they lost paperwork, or paperwork wasn’t properly transmitted.”

“There was no callback on their part,” he said. “We would have to call to get updates and they would say: oh, it’s closed, you have to start over with the paperwork now.”

But this lost paperwork epidemic, an emblem of the carelessness that ran rampant through the mad expansion of the subprime mortgage industry, has more than one face. It is likely due to lost paperwork, for example, that Cato has been living in the home that is, technically, no longer his.

No one seems to have the title.

At the time of sale, it was owned by Wells Fargo. According to transaction records, the foreclosure is being serviced by American Home Mortgage Servicers; they get a portion of the money, but do not own it. According to Wells Fargo representatives, that bank is now the trustee of the mortgage, also known as the beneficiary.

ACCE has claimed that Wells Fargo “sold the house back to itself,” and that American Home Mortgage Services, the company currently servicing the loan, is a subsidiary of Wells Fargo. Ruben Pulido, a Wells Fargo spokesperson, denies this.

“That’s incorrect. American Home mortgage services is completely different and separate from Wells Fargo,” Pulido told us.

But Martinez believes that “they’re different entities in that they work separately, but they’re the main servicer for Wells Fargo, they only service for Wells Fargo.”

Calls and emails to American Home Mortgage Services went unanswered.

Last fall, as an angry mass suddenly emerged from the American public, cries of “banks got bailed out, we got sold out” rang through the streets. Occupy Bernal and ACCE have had success in the city government, gaining support from Sups David Campos and John Avalos, who represent some of the hardest hit districts, helping facilitate meetings between Wells Fargo representatives and homeowners with foreclosure horror stories, with some success.

Activists also went for more civil disobedience-style tactics. These were on display Feb. 22, when dozens of supporters showed up at Monica Kenney’s Excelsior home. Kenney was in the midst of dealing with a foreclosure that didn’t seem right. She had received a forbearance agreement and made the first payment on it June 27, then was surprised to learn that, June 28, her house had been sold at auction.

“At this point I wrote Wells Fargo and I said, I have this paperwork, and I want you to honor it and rescind the foreclosure,” Kenney explained when she came to speak with us at the Guardian offices. She gave us copies of the forbearance agreement.

“Their response was, we did nothing wrong and the foreclosure will stand,” she said. “So at that point I decided I would fight to retain my home.”

After dishing out most of her savings in a lawsuit and eviction stays, the fight looked grim, and her house was slated for eviction. The plan — the last line of defense — was to simply bring as many people as possible to Kenney’s home and hope they could fend off eviction. Kenney remembers her nerves, huddled up that cold morning with veteran foreclosure fighter Vivian Richardson, worried that no one would show up.

“Then, at six in the morning, I had foreclosure fighters, neighbors, friends, Occupy Bernal, Occupy folks period, they just started showing up at the house, and just sat down, hunkered down with me and said, we’ll do whatever we can to at least dissuade the sheriff,” she recalls

It worked. And it hasn’t stopped working. Many people who have joined with Occupy Bernal and ACCE are still in their homes thanks to everything from lobbying politicians to civil disobedience. Some were evicted despite the protest movement’s best efforts but, thanks to newfound community, they avoided homelessness.

Kathy Galvess wasn’t able to keep her home, but her experience was made much more pleasant by Occupy Bernal. “Stardust got the moving truck and helped me move, out of the goodness of his heart,” she told me. “And if it wasn’t for Vivian, me and my sister would be wandering the streets in these storms we’ve been having.”

It’s that community, it’s that tireless work, it’s that victory in the midst of a sea of ongoing challenges that was celebrated at the barbecue at Cato’s house. It’s hard to know the future of the occupied home. The goal of the coalition supporting it was to keep it until April 24, the day of a Wells Fargo shareholders meeting that a large coalition of advocates are determined to shut down.

But for now, the place has become a community center and a symbol of hope and defiance. Politicians have certainly taken note. The Board of Supervisors passed a resolution last week urging banks to suspend foreclosures in San Francisco.

“It’s great,” Cato said. “That’s what the house is useful for right now. Everyone’s coming in and asking, how can we be a part of this, how can we help.”

Justice for Trayvon organizers react to Zimmerman murder charges

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Justice for Trayvon organizers react to Zimmerman murder charges

The Bay Area joined cities across the country in holding protests and rallies demanding justice for Trayvon Martin, a 17-year-old shot and killed by 28-year-old George Zimmerman in Sanford, Florida Feb. 26. 700 wore hoodies and marched downtown March 21. An “emergency scream-out” held March 26 outside of the Hall of Justice and jail at 850 Bryant called for justice for Martin as well as victims of police violence such as Ramarley Graham, an unarmed 18-year old Bronx man who was killed in his home by police. A “hoodies and hijabs” march last week in Oakland commemorated Martin’s death alongside the death of Shaima Al-Awadi, a 32-year old mother of five who was killed in a potential hate crime in her El Cajon home last month.

Speakers at these protests expressed outrage that Zimmerman had not been charged with any crime.

Now he has. On April 11, Zimmerman was charged with murder in the second degree.

I asked local activists- is this justice?

“I’m not jumping up for joy that this murderer has finally been arrested. I hope we can question what took so long,” said Tiny Gray-Garcia, creator of POOR magazine, who helped organize the scream-out.

She compared the case to that of Oscar Grant and his killer, Johannes Mehserle. After protest erupted demanding that Mehserle be charged with Grant’s killing, he became the first police officer in the history of California to be charged with murder. He was convicted of involuntary manslaughter and served eleven months in prison. 

“In the same way that Mehserle was finally charged, will Zimmerman eventually get a slap on the wrist?” asked Gray-Garcia. 

The March 26 scream-out was “not only for our young brother Trayvon. It was for Oscar Grant, Ramarley Graham, it was for Idress Stelley, Aiyana Jones, all the victims of police terror,” said Gray-Garcia

Unlike Graham, Stelley, and Jones, Martin was not killed by a police officer. But Gray-Garcia believes that his death can be atttibuted to “police culture.”

“Trayvon was murdered by a volunteer vigilante,” said Gray-Garcia of the neighborhood watch captain who had aspirations of becoming a police officer. “He was part of a violent police culture.”

If police and prison culture is a problem, is Zimmerman’s arrest- by police- justice?

In the media storm that followed the incident, some writers, such as this one at the Crunk Feminist Collective, have grappled with the question.

“How can I demand a criminal conviction for Zimmerman when I am opposed to prisons?” asks the Crunk Feminist Collective writer. “How do I reconcile these things?  I’m not sure yet.  But what I do know is that this really is not about the prison, but about a prison state that targets black and brown bodies in problematic ways.  It’s about a system of policing and surveillance, in which some bodies are always under the eye of the state.”

Isaac Ontiveros of the Oakland-based Critical Resistance, a group whose “vision is the creation of genuinely safe, healthy communities that respond to harm without relying on prisons and punishment,” has also struggled with this issue.

“That’s a challenging question for everybody,” said Ontiveros. “Part of it is, how can we start to dislodge the logic of neighborhood watches? You look at neighborhood watch associations and who are they watching, what do they mean by neighborhood, and who is considered suspicious?”

After Martin’s death, protests across the country were unrelenting calling for Zimmerman’s arrest. Days before the arrest and charge were made, a group of students who had marched 40 miles to Sanford from Daytona Beach “occupied” the Sanford police station, condemning how the case had been handled and demanding the termination of Sanford police Chief Bill Lee Jr. Police had declined to press charges against Zimmerman, saying that he had acted in self-defense.

On March 23, almost a month after the Feb. 26 shooting, Florida governor Rick Scott appointed special prosecutor Angela Corey to investigate the case. Zimmerman was charged with murder and taken into custody April 11.

“We do not prosecute by public pressure or petition. We prosecute based on facts and the laws of Florida,” said Corey at the time.

“She contends that neither petitions or media pressure influenced her decision, when we know too well that without it, nothing would have happened to Zimmerman,” said Mesha Irizarry, another scream-out organizer. Irizarry’s son, Idriss Stelley, was killed by police in 2001. 

The incident has put a national spotlight on racism in the United States. In Sanford, the NAACP held a town hall meeting for African American residents to air their frustrations with profiling in their own lives; hundreds attended. 

“If you’re black and you’re shot, particularly by someone who’s not black, that it is not viewed as seriously,” Sanford City Manager Norton Bonaparte told Reuters.

He added: “that’s why some feel that Mr. Zimmerman was allowed to just go on his way while Mr. Martin went to a morgue. And certainly if it was reversed, and Zimmerman had been black, he would have been detained and arrested.”

The same sentiment was expressed by protesters in San Francisco March 21. The speakers that day were family members of black teens who had been killed and whose murders had, they said, not been thoroughly investigated.

“Personal justice would be to open up all these other cases,” said Gray-Garcia.

Activists hope to turn resolution into real foreclosure suspension

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On April 10, the Board of Supervisors unanimously passed a resolution calling for a temporaray suspension on foreclosures in San Francisco.

The resolution “urges city contractors and all mortgage and banking institutions to suspend foreclosure activities and related auctions and evictions until State and Federal measures to protect homeowners from unfair and unlawful practices and provisions for principle reductions are in place.”

This comes after a report from Assessor-Recorder Phil Ting found that 84 percent of foreclosures in San Francisco in the past three years involved faulty paperwork and, likely, fraud.  

The resolution does not require anything, but instead urges the city to work on behalf of constituents swept up in the foreclosure crisis. 

It urges all city departments, “including but not limited to, the offices of the Mayor, the Assessor-Recorder, the City Attorney, the District Attorney, and the Sheriff, to take proactive steps and measures to ensure that the City and County of San Francisco prevents and protects its resident form illegal foreclosures, auctions, and evictions.”

“The controller is supposed to audit every case beyond what was in Phil Ting’s report. Based on that information the glaring illegal activity for the banks, the district attorney and city attorny should sue the banks and file an injunction to stop foreclosures. I think those are some of the steps we could take,” said Julien Ball, an anti-foreclosure activist with Occupy Bernal. 

The resolution also “urges the Mayor to direct…our city lobbyists in the California State Capital to prioritize support for California Homeowners Bill of Rights state bills.”

This series of bills, proposed by state attorney general Kamala Harris, would include efforts to stop dual tracking- when homeowners still in the process of a loan modification are simultaneously tracked for foreclosures. The package also includes a ban on robosigning and other practices that can constitute fraud in foreclosure proceedings. 

Sups. Avalos and Campos sponsored the resolution, and Kim, Mar, Olague and Cohen co-sponsored. 

Occupy Bernal’s goal remains a city-wide moratorium on foreclosure, and towards that end, the resolution represents an important step.  It puts San Francisco on record as being against unfair foreclosures and related evictions,” said Ball, “and its something we can use to put pressure on the banks and public officials to act.”

“That involves exposing and shaming banks through public protests, blasting them with phone calls, calling out their board members, its necessary if we have to stand in front of somebody’s home to stop them from being evicted we’ll do that to,” said Ball.

They plan to escalate these tactics April 24, when a coalition of groups has declared that it will “shut down” an April 24 Wells Fargo shareholders meeting in San Francisco.

San Francisco’s loss

Andrew Lam
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San Francisco’s loss

news@sfbg.com

San Francisco is increasingly losing its working and creative classes to the East Bay and other jurisdictions — and with them, much of the city’s diversity — largely because of policy decisions that favor expensive, market-rate housing over the city’s own affordable housing goals.

“It’s definitely changing the character of the city,” said James Tracy, an activist with Community Housing Partnership. “It drains a big part of the creative energy of the city, which is why folks came here in the first place.”

>>Is Oakland cooler than San Francisco? Oaklanders respond.

Now, as San Francisco officials consider creating an affordable housing trust fund and other legislative changes, it’s fair to ask: Does City Hall have the political will to reverse the trend?

Census data tells a big part of the story. In 2000, the median owner-occupied home in San Francisco cost $369,400, and by 2010 it had more than doubled to $785,200. Census figures also show median rents have gone from $928 in 2000 up to $1,385 in 2010 — and even a cursory glance at apartment listings show that rents have been steadily rising since then.

Tracy and other affordable housing activists testified at an April 9 hearing before the Board of Supervisors Land Use and Economic Development Committee on a new study by the Budget and Legislative Analyst, commissioned last July by Sup. David Campos, entitled “Performance Audit of San Francisco’s Affordable Housing Policies and Programs.”

“There’s a hearing right now at City Hall about our housing stock and how it’s been skewing upward toward those with higher incomes,” Board President David Chiu told us, noting that it is sounding an alarm that, “Creative individuals that make this place so special are being driven out of the city.”

Oakland City Council member Rebecca Kaplan said that San Francisco’s loss has been a gain for Oakland and other East Bay cities, which are enjoying a new cultural vibrancy that has so far been largely free of the gentrifying impacts that can hurt a city’s diversity.

“You can add more people without getting rid of anybody if you do it right. Most of development is looking at places that are now completely empty like the Lake Merritt BART station parking lot, empty land around the Coliseum, and the West Oakland BART station,” Kaplan told us. “We have to commit to revitalization without displacement.”

Yet the fear among some San Franciscans is that we’ll have just the opposite: displacement that actually hinders the city’s attempts at economic revitalization. “What’s at stake is the economic recovery of the city,” Tracy said. “You can’t have such a large portion of the workforce commuting into the city.”

TOO MANY CONDOS

A big part of the problem is that San Francisco is building plenty of market-rate (read: really expensive) housing, but not nearly enough affordable housing. The report Campos commissioned looked at how well the city did at meeting various housing construction goals it set for itself from 1999 to 2006 in its state-mandated Housing Element, which requires cities to plan for the housing needs of its population and absorb a fair share of the state’s affordable housing needs.

The plan called for 7,363 market-rate units, or 36 percent of the total housing construction, with the balance being housing for those with moderate, low, or very low incomes. Developers built 11,293 market rate units during that time, 154 percent of what was needed and 65 percent of the total housing construction. There were only 725 units built for those with moderate incomes (just 13 percent the goal) and just over half the number of low-income units needed and 83 percent of the very low-income goal met.

“We have to do a better job of monitoring and evaluating each project,” Chiu said. “Every incremental decision we make determines whether this will be a city for just the wealthy.”

The situation for renters is even worse. From 2001-2011, the report showed there were only 1,351 rental units built for people in the low to moderate income range, people who make 50-120 percent of the area median income, which includes a sizable chunk of the working class living in a city where about two-thirds of residents rent.

“The Planning Commission does not receive a sufficiently comprehensive evaluation of the City’s achievement of its housing goals,” the report concluded, calling for the planners and policymakers to evaluate new housing proposals by the benchmark of what kind of housing the city actually needs. Likewise, it concluded that the Board of Supervisors isn’t being regularly given information it needs to correct the imbalance or meet affordable housing needs.

Policy changes made under former Mayor Gavin Newsom also made this bad situation even worse. Developers used to build affordable housing required by the city’s inclusionary housing law rather than pay in-lieu fees to the city by a 3-1 ratio, but since the formulas in that law changed in 2010, 55 percent of developers have opted to pay the fee rather than building housing.

Also in 2010, Newsom instituted a policy that allowed developers to defer payment of about 85 percent of their affordable housing fees, resulting in an additional year-long delay in building affordable housing, from 48 months after the market rate project got permitted to 60 months now.

Tracy and the affordable housing activists say the city needs to reverse these trends if it is to remain diverse. “It’s not even debatable that the majority housing built in the city needs to be affordable,” Tracy said.

Mayor Ed Lee has called for an affordable housing trust fund, the details of which are still being worked out as he prepares to submit it for the November ballot. Chiu said that would help: “I will require a lot of different public policies, but a lot of it will be an affordable housing trust fund.”

GROWTH AND DIVERSITY

San Francisco’s problems have been a boon for Oakland.

“With much love and affection to my dear SF friends, I must say that Oakland is more fun,” Kaplan told us. “Also I think a lot of people are choosing to live in Oakland now for a variety of reasons that aren’t just about price. We have a huge resurgent art scene, an interconnected food, restaurant, and club scene, a place where multicultural community of grassroots artists is thriving, best known from Art Murmur.”

There is fear that Oakland could devolve into the same situation plaguing San Francisco, with rising housing prices that displace its diverse current population, but so far that isn’t happening much. Oakland remains much more racially and economically diverse than San Francisco, particularly as it attracts San Francisco’s ethnically diverse residents.

“We’re not looking at a situation where the people moving into town are necessarily predominantly white,” Kaplan said. “We’re having large growth in quite a range of communities, including growing Ethiopian and Eritrean and Vietnamese populations…If you don’t want to live in a multicultural community, maybe Oakland’s not your cup of tea.”

According to the 2010 census, a language other than English is spoken at home in 40.2 percent of Oakland households, compared to 25.4 percent in San Francisco. “Almost every language in the world spoken in Oakland,” Kaplan said.

African Americans make up 28 percent of Oakland’s population, compared to only 6.1 percent in San Francisco, and 6.2 percent of the population of California. In San Francisco, the number of black-owned businesses is dismal at 2.7 percent, compared to 4 percent statewide and 13.7 percent in Oakland. The census also finds that 25.4 percent Oaklanders are people of Latino origin, compared to San Francisco at 15.1 percent and 37.6 percent statewide. San Francisco is 33.3 percent Asian, compared to Oakland at 16.8 percent and all of California at 13 percent.

Both cities are less white than California as a whole; the state’s white population is 57.6 percent, compared to 34 percent in Oakland and 48.5 percent in San Francisco.

Gentrification shows its face differently depending on the neighborhood. Some say Rockridge, a trendy Oakland neighborhood where prices have recently increased, has gone too far down the path.

“Rockridge has been ‘in’ for a long time, but the prices are staggering and it isn’t as interesting any more,” Barbara Hendrickson, an East Bay real estate agent, told us.

The nationwide foreclosure crisis didn’t spare Oakland and may have sped up its gentrification process. “The neighborhoods are being gentrified by people who buy foreclosures and turn them into sweet remolded homes,” observed Hendrickson.

Yet Kaplan said many of these houses simply remain vacant, driving down values for surrounding properties and destabilizing the community. “I think we need a policy where the county doesn’t process a foreclosure until the bank has proven that they own the note,” said Kaplan, who mentioned that the city has had some success using blight ordinances to hold banks accountable for the empty buildings.

And as if San Francisco didn’t have enough challenges, Kaplan also noted another undeniable advantage: the weather. “The weather is really quite something,” she said. “I have days with a meeting in San Francisco and I always have to remember to bring completely different clothing. Part of why I wanted to live in California was to be able to spend more time outdoors, be healthy, bicycle, things like that. So that’s pretty easy to do over here in Oakland.”

Who bombed Judi Bari?

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Who bombed Judi Bari?

THE GREEN ISSUE Darryl Cherney is determined. “I have a mission in life,” he says. “And that is to find out who bombed Judi Bari.” This week, a judge may have gotten him closer to that goal, ordering evidence in the case be sent to a lab for forensic testing.

Cherney was in the car with Bari, a fellow environmental activist from Earth First, when a pipe bomb wrapped with nails exploded, maiming Bari and leaving Cherney with serious injuries.

It was 1990, and the two were in Oakland on their way to speak about the upcoming Redwood Summer, three months of picketing, tree-sitting, and otherwise blocking the clear-cutting of the California redwoods.

The Redwood Summer went on, but not before Bari and Cherney were arrested: The Oakland Police Department said they had constructed the bomb themselves and were transporting it in the back seat.

Before Bari and Cherney went to trial, it became clear that the bomb had been under the front seat (Exhibit A: Bari’s shattered pelvis and the unscathed backseat), and that there was absolutely no evidence Bari or Cherney had known it was there, and the charges were dropped. But the true culprit was never found.

In 2002, Cherney sued the FBI for attempting to frame him and Bari (who died of breast cancer in 1997), and won. But he’s still set on testing the remaining evidence for DNA.

“We rely on the government to examine physical evidence in a violent criminal case, and when they fail to do that, we have to react,” Ben Rosenfeld, Cherney’s attorney, told the Guardian.

“It should be an open attempted-murder investigation.”

But the authorities not only weren’t investigating, they were seeking to destroy the evidence, something Cherney and his lawyers have been fighting. On April 2, they scored an important victory when U.S. District Court Judge Claudia Wilkens issued an order preserving the material and allowing its transfer to a Hayward forensic lab for testing.

In August 2010, government lawyers had unceremoniously announced that they planned to destroy the case’s remaining evidence, which includes remnants of this bomb and another one that partially exploded in Cloverdale two weeks earlier, as well as a hand-lettered sign that was near the Cloverdale bomb. The Cloverdale bomb and the bomb that exploded in Bari’s car were constructed similarly, and no one has been convicted of either attack. Because they contain unintentionally intact evidence, partially exploded bombs are “considered to be the Holy Grail in bombing investigations. That slightly exploded bomb in Cloverdale is key to solving the case,” said Cherney. Lawyers for Cherney responded with a motion calling instead for testing of the evidence; the government opposed the motion.

But at a Sept. 8, 2010 hearing, Magistrate Judge James Larson ordered the FBI to turn the evidence over to an independent analyst for testing.

Again, the feds opposed the order, and asked for a de novo review of the case, essentially asking that the court go over all previous briefings once again. The motion seemed like a stalling tactic, and it worked; the motion was pending in court for a year.

Recently, it was brought back up again, when the plaintiff’s motioned to move forward with testing the evidence. They suggested a lab in Hayward, Forensic Analytics Laboratories, and Wilkens agreed on April 2.

Bari’s case came out at the start of what became a large-scale FBI crackdown on environmental justice movements in the 1990s and throughout the 2000s. Activists protesting companies that they thought were harmful towards animals and the earth became a special target of the FBI in what became known as the “Green Scare.”

The era was characterized by crackdowns on the Earth Liberation Front and the Animal Liberation Front, although it also affected groups like Food Not Bombs and Earth First.

“The case was an early forerunner of what we call the Green Scare cases, where the government sets out to make examples of people it perceives as leaders to try to chill activism in the environmental movement,” said Rosenfeld. “It was quite a scary season for environmental activists.”

The Green Scare did a lot to quell environmental activism, and some who were arrested at its peak remain in prison. But it didn’t stop many — including Bari and Cherney — from continuing their work.

“Both Judi and I continued right out of jail. Actually, in jail the police wrote in their police report that I was trying to convert them to environmentalism,” laughed Cherney.

“I participated in Redwood Summer and the Headwater Forest Campaign right through 1999 and continued through 2003. And now I’m making a movie about it.”

The movie, Who Bombed Judi Bari? has been doing well since it had its world premiere at the SF Green Film Festival March 2.

The film’s reception is “definitely very gratifying,” says Mary Liz Thomson, the film’s director, who “spent a lot of time editing it living in a cabin on [Cherney’s] land up in the woods, using solar power.”

Now she’s touring California with sold-out screenings, as well as some free screenings, including a well-attended March 26 screening at Occupy Oakland.

Thomson says she has gotten positive feedback from occupiers and others currently working in social movements.

“We’re just at the beginning of our launch and people are saying that it’s really relevant right now. The timing was great”

Indeed, laws that build on the Green Scare have been rapidly passed in recent months, targeting other political groups.

Controversy flared after President Obama signed the National Defense Authorization Act, which allows the U.S. to detain suspects without charge. Attorney General Eric Holder claimed that the government can kill its own citizens abroad without trial. And on Feb. 27, The House of Representatives voted in favor of HR 347, the so-called “Anti-Occupy Bill.”

Who Bombed Judi Bari? is an important history lesson for those faced with these new challenges. And Cherney may finally be on track to finding out the answer to the title’s question.

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