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Jakob Schiller
          Sean Dugar, right, and Denisha Delane, center, both members of the NAACP, help Jeremy Jachym update his address on a voter registration card while standing outside Berkeley’s Landmark California Theater where Michael Moore’s new film Fahrenheit 9/11 opened Friday.?
Jakob Schiller Sean Dugar, right, and Denisha Delane, center, both members of the NAACP, help Jeremy Jachym update his address on a voter registration card while standing outside Berkeley’s Landmark California Theater where Michael Moore’s new film Fahrenheit 9/11 opened Friday.?
 

News

Berkeley Sets National Record For Moore Film

By JAKOB SCHILLER
Tuesday June 29, 2004

As Michael Moore’s new film Fahrenheit 9/11 set attendance records across the country, Berkeley notched one of its own when the California Landmark Theater recorded the highest opening-night profit numbers for any movie theater screening the film nationwide. Crowds also helped sell out every afternoon and evening screening but one, from Friday through Sunday, grossing tens of thousands of dollars for the theater. A spokesperson for the theater declined to give the exact dollar figure for Landmark’s gross take. 

According to published reports, Fahrenheit 9/11 grossed $21.8 million nationwide in its first weekend, outgunning the documentary gross record held by Moore’s previous film, Bowling for Columbine. In total, Fahrenheit 9/11 brought in $21.96 million in gross receipts over the weekend. 

In Berkeley, crowds packed the sidewalk and streets—with lines reaching halfway around the block—waiting to fill the 600-seat theater. Those determined to get good seats bought their tickets days in advance and waited in line for up to an hour and a half. Even the unannounced, unadvertised Thursday night preview drew almost 400 people. 

Those who stopped to comment (others said they were too shell-shocked to talk) said they were impressed with several parts of the film, but in particular liked the way Moore was able to encapsulate a mountain of information. They said he made it digestible, forcing them to re-confront 9/11, the reign of Bush, and the ongoing war and occupation in Iraq. 

Several already had the future on their minds, commenting that they hoped the film would be able to fulfill its potential and have some kind of effect on the election. 

“Is this preaching to the choir or are hundreds of thousands of men and women going to turn around and say we are being duped?” asked Dinah Hager, a native of London but now a naturalized U.S. citizen living in Oakland. “I know how tired people get at the end of the day. Everywhere you go you are being dumbed down. Everywhere tolerance for suffering is being destroyed. I hope that different parts of [the film] will spark different things in people.” 

Hager compared the movie to the anti-war marches that were held shortly before the United States and Britain invaded Iraq. She said even though she marched with millions in the streets on London, her country still went to war. In turn, she asked, will the movie win the election for Kerry? Probably not. But it “is going to have an impact, in small steps,” she said. 

Like others, Hager said she would be glued to the papers to see what the reaction is across the rest of the country. 

The Greenfield family, which brought nine members (spanning three generations) to the movie, might be an indication. While most of the family is from Oakland, they also brought Ida Greenfield, 86, the grandmother from Minnesota. 

Unlike some, Greenfield said she knew of Michael Moore, but not much. She came, she said, because she was intrigued by the controversy. 

“I like controversial figures. They think,” she said. “Those old men in the Bush administration, they don’t think.” 

“It’s haunting,” was her response after the film. “How sad this whole thing is,” Greenfield said while shaking her head. 

Like other Berkeley political events, those promoting their own political causes worked the crowds outside, passing out fliers to those in line or moviegoers filing out. Others, like the National Association for the Advancement of Colored People, stood outside for up to eight hours with voter registration forms. 

The event was also not without dissenters. Some who were not standing in line for the movie but instead merely passing by in front of the theater let their criticism of filmmaker Moore be known. 

“I think Michael Moore is a sad, subversive, hateful, bitter, painfully embarrassing excuse for a pundit who makes millions maligning the country that got him here,” said Christian Harstock, a young man from Oakland. 

Nonetheless, like Greenfield, Harstock said he was eventually going to buy a ticket and see the film because he was curious. 

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Agreement Averts Alta Bates Walkout

By JAKOB SCHILLER
Tuesday June 29, 2004

A 27-year employee is back on the job at the Alta Bates Summit Medical Center after close to the entire hospital staff—with the exception of only the doctors—threatened to walk off the job for one day unless she was reinstated. 

Beverly Griffith, who works in the environmental services department at the Summit campus, had been suspended for three weeks after an altercation with an Alta Bates Summit security guard. According to union representatives from Service Employees International Union (SEIU) Local 250, Griffith had intervened when she observed the guard attempting to prevent a union organizer from passing out union flyers. 

Alta Bates Summit would not comment other than to say, “Any employee who does not follow the guidelines of conduct is definitely going to have a suspension, and that’s exactly what happened.” 

Representatives from the union said Alta-Bates Summit’s decision to hire Griffith back was clearly a reaction to the threatened strike. Employees, they said, originally voted by an overwhelming majority to support Griffith by holding the one-day walk out.  

Currently, SEIU Local 250 represents about 1,300 licensed vocational nurses, certified nursing assistants and food service workers. They were joined by almost 1,700 registered nurses represented by the California Nursing Association and about 230 radiology technicians, respiratory therapists, and operating room technicians represented by the California Healthcare employees in the threatened strike. 

“It was really overwhelming for my co-workers to stand up and say hands off our union,” said Griffith. 

Local 250 employees have been bargaining with the hospital since their old contract expired April 30. Little progress has been made since then, with both sides accusing the other of inferior contract offers. 

According to Griffith, her suspension was only supposed to last one week, but when she showed up back to work, she was told that she was still under investigation. Alta Bates Summit drew out her suspension, she said, because hospital administrators knew she was a leader in the union and wanted to scare other employees from speaking up. 

Carolyn Kemp, a spokesperson for Alta Bates Summit, disputes the claim that Griffith’s suspension was intentionally extended because of Griffith’s union activities. Kemp also disputed the claim that the threatened strike forced the hospital to reinstate Griffith. 

“[The hospital] decided that a 27-year employee who probably had some misdirection from her union representative deserved a second chance,” Kemp said.ª


BHS Problems Fading After a Year of Slemp

By MATTHEW ARTZ
Tuesday June 29, 2004

What a difference a year makes.  

Thirteen months ago Berkeley High appeared as unmanageable as ever. Freshly appointed Principal Patricia Christa, the school’s sixth since 2000, resigned after one month on the job; the school year hadn’t even started yet.  

Like her many predecessors, she fled from the prospect of dysfunctional administrative systems, cynical students, unsafe hallways, and demanding parents who fall on all sides of the debate over how to improve academic standards while solving the gap in academic achievement among racial groups at the school. 

In Christa’s stead arrived Jim Slemp, a tranquil deputy superintendent from Eugene, Oregon who in short order has instilled a semblance of structure and good cheer not seen in recent memory at the 2,750-student campus.  

Parents have received notices on time, staff is more available and visible to students, Berkeley police report that campus violence is down, and the school even had a spring dance.  

Slemp’s impact has not gone unnoticed by students. At the commencement ceremony two weeks ago, graduating seniors, never shy about unleashing a Bronx cheer, gave Slemp a standing ovation. 

“That was just unbelievable,” said Steve Brick, the parent of a senior. “Whoever heard of Berkeley High students giving such a warm reception?” 

Slemp has dispensed plenty of warmth to students this year and proved it doesn’t take a taskmaster to get a handle on Berkeley High.  

He was a visible presence in hallways and classrooms, learning names and making eye contact with the students he met. On occasion, Slemp even commandeered the public address system to tell students how “awesome” they are. 

“We felt we were getting more respect and that made us willing to listen to what he had to say,” said Baily Hopkins, a graduating senior. 

“Past administrations were intimidated by students,” said Michael Miller, a Berkeley High parent and member of Parents of Children of African Descent. “Kids believe he’s there for them. It’s nice to have a principal who engages all kids.” 

So how has he done it? Lounging on his Aeron chair, flanked by a shelf of books that included titles such as High School on a Human Scale and Warriors Don’t Cry, the six-foot, seven-inch Slemp said it was equal doses of good will and good management. 

“I try to treat people with dignity and respect,” he said. “I thought if I focus on the positive things and worked to change the culture, people would see hope.” 

At Berkeley High, hope starts when students arrive on the first day of school with complete six-class schedules, and warnings about failing grades arrive to parent’s homes before the end of the semester. 

“There were a number of things that weren’t working the way they ought to be,” Slemp said. Upon arriving at the school, Slemp said he asked the staff about how they made decisions and no one gave the same answer. “My sense is that there was a lot of top-down leadership. We’re trying to pull the pieces together and get people to talk,” he said. 

While no one argues that Slemp has made strides this year, Berkeley High remains a work in progress. Some families complain that classes aren’t challenging enough and the school is still trying to solve the achievement gap between higher scoring white and Asians and lower scoring African American and Latinos. 

The two goals aren’t mutually exclusive, but advocates for each agenda continue to butt heads, leaving Slemp in a precarious position. 

This year Slemp resisted a proposal from the school site council to place a diversity requirement on Academic Choice, a voluntary program in the school that promises tougher classes and attracts mostly white students. Critics of the program argue it further segregates the school without adding rigor to the curriculum. 

For the coming year nearly 50 percent of students—the vast majority of whom are said to be white—signed up for Academic Choice, a higher percentage than previous years. 

Slemp acknowledged that the swelling ranks of students flocking to the program raises questions about the quality of the school’s curriculum. 

“Some kids tell me teachers think that they treat them like they’re stupid,” Slemp said. “We need to make the curriculum rigorous and relevant and we need to have higher expectations.” 

To make classes more challenging, Slemp has pushed through two new Advanced Placement classes, which can count for college credit if students pass an exam. He wants all students to take at least one AP class, and plans to recruit minority students for the classes and offer them mentors. 

“The research is clear that kids—especially minorities—who take AP classes in high school do better in college,” he said. 

Slemp also assured that students at Berkeley High’s two small schools, neither of which offers AP classes, would have the option to take AP courses at the big school. 

As part of his plan to enroll more students in AP classes, 21 AP teachers are being trained to teach simultaneously to students at different levels. That is one facet of a summer teacher training drive that will send many Berkeley High instructors back to class. 

The school has also received a $450,000 grant to train algebra teachers. The subject has been a problem area for years at Berkeley High, which this year continued its policy of waiving algebra as a requirement for graduation. 

Another chronic problem has been the ninth grade academic program, especially the social studies component. 

Slemp opted to keep the ninth grade class focused on ethnic diversity, but he hired a consultant to overhaul the curriculum and has promised to review the merits of the class next year. 

Some students argued last year that the course, previously known as Identity and Ethnic Studies, worsened racial tensions and complained that keeping it would limit the number of electives available to students. 

With students now required to take four years of mandated social science classes, Berkeley High had to cut approximately seven history electives, Slemp said. He couldn’t give a list of the classes no longer offered, but said the school kept the popular Politics of Power and didn’t drop any sections from the African American Studies department. 

Berkeley High’s biggest project to address the achievement gap is placing half of the student body in ethnically diverse small schools by the fall of 2005. Two programs, Communication Arts Sciences (CAS) and the Community Partnership, have already achieved small school status.  

Two additional schools, one focusing on performing arts and the other on social justice and ecology, are in the planning stages, Slemp said. The focus of a fifth small school remains undetermined. 

In gearing up for the conversion to small schools, Slemp said the administration has already assigned the schools contiguous classroom space, their own stream of funding, and administrators who will share time between the small school and the main school. 

After working for a year to implement coherent systems at the high school, Slemp said he wasn’t concerned about handing over control of half the school to teacher-administrators running the small schools. 

“If I’m doing my job here it’s about diffusing power so ownership comes from the school,” he said. “That hasn’t happened in the past.” 

One of Slemp’s most ambitious and controversial reforms slated for this fall is a get tough attendance policy that connects attendance to grades. Five unexcused absences or 15 tardies will equal a full letter grade drop. 

Opponents have argued that the school lacks the technology to fairly implement a strict policy and that students with well-connected parents will be able to skirt the system, while other students will face stiffer consequences for tardiness and unexcused absences. 

Slemp said the new policy was part of an effort to place more importance on classroom lessons. 

“We had some kids, particularly white kids, doing just fine and not going to class,” he said. “We need a culture that says everyone needs to be in class to be successful.” 

To implement the system, Berkeley High has upgraded its automatic dialer, so parents will be told when their child was absent. In addition, the school has assigned a group of volunteers to call parents to inform them of unexcused absences. Having actual people call is pivotal, Slemp said, because many students, especially students from outside Berkeley, give fake telephone numbers, so parents are never alerted to attendance issues. 

If students arriving late to class has been a problem at Berkeley high, so has principals fleeing the school before leaving their mark. Slemp, however, promised he’ll be around for the long haul.  

“I’m not here for a quick fix,” he said. “I’ve only been around a year, but I love it.” 

 

 

 

 

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‘Scathing’ Report Blasts UC Development Plan

By JOHN ENGLISH Special to the Planet
Tuesday June 29, 2004

It’s clear that the proposed new Long Range Development Plan (LRDP) for UC Berkeley is a very growth-oriented plan. While its enrollment hike would be comparatively modest (from a two-semester average of 31,800 in 2001-2002 to a projected 33,450 in future), other stats are quite dramatic. Between now and 2020, total “academic and support” space could increase by 18 percent, or 2.2 million gross square feet. That’s about three times the 15-year increase that was foreseen when the present LRDP was adopted in 1990. Parking could swell by 30 percent, or 2,300 spaces. Housing could increase by 32 percent, or 2,600 beds. These are net amounts, representing new construction minus demolitions. And they’re over and above the changes resulting from still-uncompleted projects—like the big new Stanley Hall and the giant Underhill garage—that the regents have already approved. 

Not surprisingly, the LRDP and its DEIR (Draft Environmental Impact Report) drew numerous comments during the review period that ended on June 18. Among them was a massive, and basically scathing, critique by the City of Berkeley. 

Nature of the LRDP 

The planned growth evidently is driven less by enrollment pressure than by “research in the public interest.” UC expects outside funding for research to increase by 3.6 percent a year. 

Besides being growth-oriented, the proposed LRDP is quite generalized. It makes no commitment to specific developments. Instead, it sets a broad “strategic framework” for future projects. It does say that its growth totals couldn’t be substantially exceeded without a future amendment of the LRDP, but it doesn’t define “substantially.” The LRDP is also vague about locations. It divides the campus and its surroundings into a series of “zones”—including a Housing Zone that overlaps several of the other zones and extends far out into the community—and sets a maximum growth quota for each of them. But each zone is large, and the LRDP doesn’t say where construction should occur within it.  

The city comments seriously fault the LRDP for its vagueness. They even say it’s hard to imagine any likely future project that UC couldn’t construe as conforming to the plan. 

 

Impacts and Mitigation in General  

The DEIR claims that the LRDP would have only a few unavoidable significant effects. On topic after topic, it concludes that—at least with the envisioned mitigations—impact would be “less than significant.” For instance, it says that no significant impacts at all would result on aesthetics or land use. 

The DEIR does include a wide array of proposed mitigations. Many of them are highly generalized, though, and some have prominent qualifiers. For example, one of the proffered “continuing best practices” says that housing projects would meet municipal height and setback standards “as of July 2003” and “to the extent feasible.”  

The city comments that there really would be other significant impacts, and says that in general the impact assessment is insufficient. The city’s statement criticizes the DEIR for mitigation measures that are weakly stated and/or unproven. It alludes to the LRDP and DEIR as typified by “good sentiment, no commitment.” 

And the city fears that because the LRDP’s DEIR so sweepingly dismisses the potential for significant impacts, UC could in future routinely evade doing EIRs on specific projects that it would construe as fitting within the LRDP. 

 

Segmentation 

UC is planning several of its nearby major sites quite separately from the 2020 LRDP. They include University Village Albany and the Richmond Field Station. Then there’s Lawrence Berkeley National Laboratory, which the university runs separately from “UC Berkeley” as such. UC still has under preparation a new LRDP and DEIR for the Lab itself. The university apparently expects that during that LRDP’s timeframe of 2004-2025, total floor space on the LBNL’s hill site could grow by 45 percent. 

The city comments that the hill site is a “donut hole” nearly surrounded by UC Berkeley, that the research missions of LBNL and some UC Berkeley departments are closely intertwined, and that both LRDPs will be voted on by the same lead agency: the Board of Regents. It complains that UC has separated impact analysis in ways that largely defy evaluation. The city concludes that both LRDPs should have been assessed by the same environmental document, and that the decision to “bifurcate” environmental review violated the spirit and letter of CEQA.  

 

Parking, Transit, and Traffic 

While one of the new LRDP’s policies is to “reduce demand for parking through incentives for alternate travel modes,” another is to “increase the supply of parking to accommodate existing unmet demand and future campus growth.” 

The city sees the former as being directly contradicted by the latter, especially by the latter’s reference to “existing unmet demand.” The city says that parking “demand” depends on factors like availability of substitute travel modes, and that UC should consider today’s actual travel behavior. It concludes that UC is dodging real commitment to a transit-first strategy, and that the LRDP’s proposed 2,300-space parking growth is unjustified. Furthermore, the city suggests that parking which has already been approved but not yet built should be regarded as new parking. 

The city also calls for UC to help pay the cost of enforcing the Residential Parking Permit program.  

According to the DEIR, the LRDP would unavoidably worsen traffic conditions on some segments of University Avenue, San Pablo, Dwight, Shattuck, and Ashby. As for intersections as such, the DEIR says congestion would or could significantly increase at two in West Berkeley, one north of the campus, three along the Derby/Warring/Piedmont corridor, one elsewhere on Bancroft, and three along Oxford. It proposes that as mitigation, traffic lights should be installed at those Derby/Warring/Piedmont, Bancroft, and Oxford intersections, and says that UC would contribute to their cost “on a fair share basis.” 

The city comments that “fair share” by itself is much too vague, and also that UC’s contribution should take into account its existing, “baseline” impact. 

Traffic volume evidently would increase along the beleaguered corridor that locals call the “Warring Freeway.” Both UC and the city may have forgotten the circa-1990 University Neighborhoods Circulation Study, a major concern of which was how to divert motorists from this corridor onto alternative routes such as four-lane Telegraph Avenue. And speaking of Telegraph, it’s odd that neither UC nor the city specifically addresses something that could happen to it and thereby substantially alter traffic patterns. The EIR now under preparation by AC Transit is considering a “bus rapid transit” alternative (presumably still preferred by that agency) which would reduce the number of auto lanes on Telegraph below Dwight from four to just two.  

 

Fiscal Impacts 

The LRDP says some of its planned housing construction would need to be on land that UC doesn’t now own. New academic and support space—and parking—would be built just “primarily” on presently owned land. 

For that and other reasons, one of the city’s biggest concerns about the LRDP is its fiscal impact. A city-commissioned study recently concluded that in fiscal terms, UC costs the city much more than it contributes.  

 

Downtown 

The proposed LRDP features a strong westward thrust. More than a third of its net growth in academic and support space—and more than half the parking growth—could occur in its so-called Adjacent Blocks West zone. That would include all Downtown blocks that lie between Shattuck and Oxford/Fulton (in addition to the blocks that contain the Tang Center, the Oxford Tract, and the state’s Health Services building). Furthermore, the LRDP’s Housing Zone would include virtually all of downtown Berkeley. 

The city says it’s very concerned that UC expansion could “fundamentally alter the balance” in downtown Berkeley, changing the area from its current “eclectic and diverse” character into a student district increasingly like Telegraph.  

 

Development Along Transit Corridors 

The new LRDP warmly embraces the theme of high-density housing along transit corridors. A map shows its Housing Zone as including prominent ribbons stretching up and down Shattuck and Adeline, down University Avenue into West Berkeley, down Telegraph into Oakland, and even intermittently along College Avenue.  

One pertinent issue is raised by the LRDP’s statement on housing projects’ conformance to municipal height and setback standards “as of July 2003.” Does this mean UC would disregard, for example, any tightened standards that the city may soon enact for University Avenue?  

 

Alternatives 

The DEIR includes a chapter that poses and discusses several broad alternatives. For instance, two of them are dubbed “lower enrollment and employment growth” and “no new parking and more transit incentives.” 

But the city views that chapter as fundamentally flawed. It criticizes UC for including “straw men” alternatives. It seems to suggest that a “real” option about parking could involve a smaller increment of spaces, with some of them being in satellite locations. And it says in general that the alternatives presented aren’t sufficiently assessed to allow meaningful comparison with the proposed LRDP.  

 

Process 

The city statement blasts UC for having essentially presented the LRDP “whole cloth” to the community, with no real chance for give-and-take. 

It nonetheless seems likely that UC staff will basically just proceed with a Final EIR for release this fall, in time for presumed LRDP adoption at the Board of Regents’ meeting in November. 

However, the city believes the DEIR itself should be significantly revised—and recirculated. 

 

John English is a planner by profession, a UC alumnus, and a longtime resident of Berkeley’s Southside. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




Medical Marijuana Case Could Affect Berkeley

By MATTHEW ARTZ
Tuesday June 29, 2004

An Oakland woman’s quest to grow medical marijuana without fear of federal intervention is heading to the Supreme Court and could result in a new precedent in the resurgent battle over states’ rights, perhaps putting in danger Berkeley’s liberal medical pot laws. 

On Monday, the high court agreed to hear the Bush Administration’s appeal of a case it lost last year in the San Francisco-based Ninth Circuit Court of Appeals. 

In 2-1 vote, an appeals court panel barred the Justice Department from raiding, arresting or prosecuting Angel Raich of Oakland and Diane Monson of Butte County, Calif. for growing physician-prescribed marijuana for personal consumption.  

Since neither plaintiff sold their plants or transported them over state lines, the court majority found that their activity rested outside federal authority. 

Intrastate, “non-commercial cultivation, possession and use of marijuana for health purposes” is protected by California law and not subject to the federal government’s power to regulate interstate commerce, Judge Harry Pregerson and Richard A. Paez argued in their opinion. 

In urging the Supreme Court to review the case, Solicitor General Theodore Olson argued the 1970 Controlled Substances Act empowers the Justice Department to oversee the manufacturing, possession and distribution of any drug on its list. 

“That goal cannot be achieved if the intrastate manufacturing possession and distribution of a drug may occur without any federal regulation,” Olson wrote. 

In 1996 California became the first of nine states—Alaska, Hawaii, Nevada, Colorado, Oregon, Washington, Maine and Vermont have followed—to pass laws permitting residents to grow and use marijuana with a doctor’s permission. Six of the states fall under the jurisdiction of the Ninth Circuit Court of Appeals.  

Although California’s medical marijuana law is not jeopardized by the case, should the high court reverse the Ninth Circuit’s ruling, federal agents would again be free to prosecute state residents who cultivate marijuana for personal medicinal consumption. A vote to uphold the ruling would likely bar the Justice Department from fully enforcing federal drug laws in any state that allows for medical marijuana. 

“There’s so much at stake,” said Angel Raich, a 38-year-old mother of two teenagers. “I’m nervous that if I go before the Supreme Court and lose, it could mean my life.”  

Raich says she suffers from an inoperable brain tumor and a myriad of other ailments and insists that without a daily supply of marijuana she would lose her appetite and could die from uncontrolled weight loss. “Cannabis is my lifeline,” she said. 

Federal agents never raided her home, but Raich filed suit as a preemptive measure, along with Monson, who lost her six cannabis plants in a 2002 federal sting. 

Monson said she would have preferred the Supreme Court to have refused to hear the government’s appeal. Had the court done so, the Ninth Circuit ruling would have remained law in California. 

Medical cannabis advocates have not fared well before the high court. In 2001 the court rejected the argument of the Oakland Cannabis Buyers Club that the club was immune from federal interference because it was providing “a medical necessity.” 

Now medical cannabis advocates, often identified politically with the far left, are resting their hopes on recent precedents from the court’s conservative majority that have curtailed Congress’s ability to pass laws based its power to regulate commerce between states. 

After decades of taking a relatively broad view of Congressional power over items only slightly related to interstate commerce, the current court has narrowed Congress’ purview. 

In 1995, by a 5-4 vote, the court overturned a state law that forbade the possession of guns near school buildings. And in 2000, by an identical vote, the court overturned a 1994 state law that authorized the victims of gender-motivated violence to file suit against their aggressors for damages in federal court.  

“The Supreme Court will have to overturn its own precedents in 1995 and 2000 [to side with the Justice Department],” said Randy Barnett, a Boston University Law professor who is representing the two women on behalf of the Marijuana Policy Project. 

David Raich, Angel Raich’s husband and an attorney on her legal team, said he believed the court had opted to hear the case partly in deference to the request from the Justice Department and partly to clarify and strengthen its recent precedents. 

Hastings School of Law Professor Marsha Cohen, however, thought the high court’s decision didn’t bode well for medical cannabis advocates. 

“It’s going to be an uphill battle,” said Cohen, who specializes in pharmaceutical and medical cannabis law. “The court has given the Controlled Substance Act broad interstate reach and not allowed states to circumvent it.” 

Cohen said when it comes to regulating drugs like marijuana, federal courts have sided with the Justice Department because of the difficulty in regulating controlled substances nationally when states have weaker laws. 

It is unknown if the Supreme Court’s ruling will apply to cannabis dispensaries as well. Earlier this year a federal district court judge barred the Justice Department from raiding or prosecuting the Wo/Men’s Alliance for Medical Marijuana in Santa Cruz after a 2002 raid. 

In Berkeley, licensed medical marijuana users are allowed to grow up to ten plants. An initiative on the November ballot would erase all plant limits for city residents and take the unprecedented step of requiring the city to dispense marijuana to patients if federal authorities cracked down on the city’s cooperative dispensaries.ª


Lawsuit Addresses Prison Contractors’ Immunity

By CHARLES MUNNEL and NESTOR RODRIGUEZ Pacific News Service
Tuesday June 29, 2004

A lawsuit recently filed in Federal Court in San Diego on behalf of nine male and female detainees in the now infamous Abu Ghraib prison has legal and political implications that extend far beyond allegations of torture in Iraq. The suit addresses one of the most important issues of contemporary governance: Are prison contractors, working for the U.S. government, beyond the reach of law?  

Filed on June 9 by a major New York civil rights organization and a prominent Philadelphia law firm, the suit and the questions it raises have become critical as larger and larger governmental functions are turned over to private contractors, including the incarceration of individuals and the use of force here in America. 

As irrational as it may sound, private companies, cloaked in the full authority of the United States government, are not subject to the same legal constraints as government personnel. In a 5-4 vote in Malesko v. Correctional Services Corporation, the U.S. Supreme Court in 1999 specifically exempted government contractors from a substantial degree of liability.  

Justice Stevens, writing in the minority, prophetically noted that “ because a private prison corporation’s first loyalty is to its stockholders, rather than the public interest, it is no surprise that cost-cutting measures jeopardizing prisoners’ rights are more likely in private facilities than in public ones.”  

The global scale of government contracting also requires new thinking about controlling contractor abuse. The prison “ interrogators” contracted in Abu Ghraib were primarily naturalized Americans of Arab origin, and one of the two contractor company defendants is a wholly-owned subsidiary of a Dutch corporation. To deal with the special privileges afforded government contractors, the plaintiffs based their claims on the Alien Tort Claims Act of 1789 and the Geneva Conventions—causes of action in tort not generally available to U.S. citizens—as well as on the federal racketeering statute of 1970.  

The Abu Ghraib suit deals with the tip of an iceberg. There is a vastly larger class of alien prisoners incarcerated by American corporations. A recent study by the University of Houston Center for Immigration Research reveals that many of the issues raised by the Abu Ghraib lawsuit are also present in the network of immigrant prisons run by private companies and local governments under contract to the United States government. 

It is hard to determine the exact number of immigrants detained under various provisions of the Immigration and Nationality Act, the basic body of U.S. immigration law. Approximately 202,000 aliens were detained during fiscal year 2002, the Congressional Research Service recently estimated. The average daily immigrant population in detention has increased from 6,785 in 1994 to 22,812 in 2004, largely because of the mandatory removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 

Almost certainly, a majority of detained immigrants are held under some form of contractual arrangement in contractor-managed facilities or in state and local jails. 

Privately run prison facilities vary widely in quality and in the services they provide. Consequently, the likelihood of abuse is considerable. In 1998, Human Rights Watch investigators documented extensive abuse in the large sample of facilities they visited. The report found, among other abuses, that the INS was placing its administrative detainees in jails with criminals, even though they were not serving criminal sentences. Those detained included asylum seekers and individuals picked up on the street or during workplace raids. 

“This practice violates international standards, and it must stop,” reported Human Rights Watch. 

Unfortunately, government reliance on third parties to manage immigrant prisons has increased. With the lack of oversight and accountability that accompanies government outsourcing, a corresponding growth in abuse is almost certain. 

In recent years, the privatization issue in American public policy was resolved—without serious public debate—in favor of greater government reliance on contractors. Today, will the question of government contractor liability for abuses occurring during incarceration be similarly resolved without serious consideration, and outside the democratic process? The fate of the Abu Ghraib prisoners and hundreds of thousands of detained immigrants may presage the shape of our own democratic institutions. 

 

Charles Munnell is a research associate at the University of Houston Center for Immigration Research and an immigration attorney. Nestor Rodriguez is professor of sociology, co-director of the Center for Immigration Research and chair of the sociology department at the University of Houston. He is co-author (with Cecilia Menjivar) of the forthcoming When States Kill: Latin America, the U.S., and Technologies of Terror, to be published by the University of Texas Press.


Floor-to-Ceiling Collectibles Hamper Firefighting Efforts

By RICHARD BRENNEMAN
Tuesday June 29, 2004

After an unsuccessful attempt Friday to quell a cooking oil fire that soon got out of control, a Jones Street resident ran two blocks to the nearest fire station to report the blaze in person. 

“Fortunately, neighbors had already called it in before he got there,” said Berkeley Fire Department Deputy Chief David Orth. 

Unfortunately, however, firefighters arriving at the scene found the first floor to be impenetrable. 

“Every doorway, every window was completely packed, so we had to go in through a second-story window—which is not the best way to enter,” Orth said. 

Inside, they found the entire structure packed floor-to-ceiling with personal possessions. 

Once the flames were extinguished, the firefighters had to cut a hole in the wall of an unburned room to empty it of belonging, then chop a hole in a second wall to get at and remove the burned debris. 

“The one fortunate thing was that all that stuff kept the fire from spreading rapidly,” Orth said. 

The firefighter estimated damage to the house at $30,000, though he had no estimate on the contents. “He’s a collector, and it was all precious to him,” Orth said, adding that cluttered houses are one of the less-heralded hazards to flame-fighters. “We run into them every once in a while.”ª


New Nature Center Exemplifies Natural Construction

By STEVEN FINACOM Special to the Planet
Tuesday June 29, 2004

Sunny skies, cool breezes, the sparkle of the bay, and an appreciative local crowd attended the Saturday, June 19, grand opening of a long-awaited new building at Berkeley’s Shorebird Park Nature Center.  

The structure at the Berkeley Marina is believed to be the first public straw bale building in the Bay Area and will provide increased space for nature education programs as well as an example of ecologically sound construction. 

“Where better than in Berkeley to have a ‘green’ building?” said Mark Seleznow, the city’s parks director, at the opening ceremonies. “The city took a risk here, to innovate.” 

From the building one can see to the south, beyond the Berkeley shoreline and across wind-ruffled water, to the glittering glass and steel corporate and residential towers of Emeryville, symbols of conventional development and modern design.  

In comparison, Berkeley’s Nature Center complex near the water’s edge—with trees, lawns, picnic tables, an Adventure Playground, children running about, and diminutive structures—looks a bit like Hobbiton. The new building’s asymmetrical profile, residential scale, deep-set windows and small tower with blue heron weathervane all reinforce the contrast and emphasize natural values and processes.  

At the opening, City Councilmember Dona Spring praised long-time city employee and nature center staffmember Patty Donald “for being the driving force behind this visionary project. Without you we’d probably just have another toxic building.” And, Spring added, “of course we have to thank the tax-payers who made it possible.” 

Donald was quick to share the credit with many others, including her co-worker Denise Brown, a naturalist at the center for the past decade, who wrote grants for the lengthy effort. Brown, Donald said, “had a baby during this project. He’s six and a half now.”  

An array of designers, contractors, consultants, and volunteers lined up in front of the crowd to receive additional plaudits. Van Mechelen Architects and Dan Smith and Associates led the design team for the building. 

The University of California’s Lawrence Berkeley National Laboratory and the Department of Energy got the project started with a $25,000 grant, the first of many public agency and private contributions, both cash and in-kind. Construction of the Shorebird Park building began in April, 2002 (see “A House Made Of Grain,” Berkeley Daily Planet, Aug. 24, 2002).  

Volunteer help was essential. At one point, Brown noted, “20-30 volunteers each day came and lifted those bales into place.” When the straw walls were up but not yet coated with stucco, children asked, “Are you keeping animals in there? Will they use the walls for food?” 

That wasn’t the purpose of using straw, of course. If designed and constructed properly, straw bale structures have high insulation value, behave well in earthquakes, and recycle resources. 

The straw comes from rice fields in the Sacramento Valley, where it would otherwise be burned, creating air pollution. A growing number of residential and commercial clients are now opting for straw bale designs. 

The official opening was simplicity itself. “Out with the old, in with the new!” proclaimed Donald as she snipped a ribbon strung across the doorway and let the crowd in to admire the bright, high-ceilinged interior. 

The building looks thoroughly new but features recycled and “green” materials throughout. Concrete mixed with recycled fly-ash forms the foundation. Recycled and salvaged wood was used for the framing. Recycled glass forms part of terrazzo counters and seats. 

Windows are fiberglass. A blue map of San Francisco Bay is set into the floor. Ship models, stuffed birds, and aquariums share space with racks of educational handouts. An outdoor terrace provides additional event space. There were, thankfully, no “Three Little Pigs” jokes during the ceremony. Besides, the building wouldn’t quite qualify as a porcine fairy tale home.  

The straw provides the bulk of the walls, literally and figuratively, but there’s a wood frame around the bales. And the tale does not report that the pigs installed active solar heating and power systems, which this building has. Nor, presumably, did the pigs use chain saws to cut the straw bales to size, and weed whackers to even the sides before they were coated with stucco. 

And here’s a final difference. Berkeley’s straw bale building will stand for a long time, its users hope. “Thank you for making this dream a reality,” said Brown. “We’ll use it to educate thousands of people for generations to come.” 

For further details on the building, how to get to it by bus or car, and ongoing educational events there, check the City of Berkeley’s Marina website, www.ci.berkeley.ca.us/marina/. 


Police Blotter

By RICHARD BRENNEMAN
Tuesday June 29, 2004

Armed Robber Confronts Driver, Jail 

A 35-year-old Berkeley man pulled a gun on a motorist at the intersection of Shattuck Avenue and Center Street shortly before dawn Saturday, but the only thing he got was a bunk in the city lockup. 

Walking up to the motorist, the bandit flashed his handgun and demanded money, then fled on foot before completing his crime. He was caught by police shortly thereafter. 

 

Strongarm Bandits Batter Young Victim 

A teenage robbery victim was beaten seriously enough to require hospitalization about 2 a.m. Sunday near the corner of Bonar Street and Allston way, said Berkeley Police spokesperson Officer Joe Okies. 

No suspects have been arrested. ª


From Susan Parker: The Good in My Hood Beats Out Hillsborough

Susan Parker
Tuesday June 29, 2004

Last week I read in the paper about a mysterious murder that occurred in the upscale peninsula community of Hillsborough. According to the article, a 58-year-old woman was killed in a house break-in at 4:30 in the morning. Neighbors and authorities were shocked. Violent crime is almost unheard of in Hillsborough, said someone in the know. The last incident of a homicide occurred in 1998 when a woman was abducted and murdered by her house cleaner. The article went on to say that Hillsborough is one of the richest communities in the United States. The house where the incident occurred has seven bedrooms, four and a half bathrooms, and was bought in 1994 for $1,125,000. The house across the street is currently on sale for $2.8 million. 

A neighbor was interviewed who said that the residents of the area do not socialize with each other. She went on to say that she doesn’t know the names of any of her neighbors, and that she has lived on the same street since 1986. “Sometimes nosy neighbors are good, but we don’t have that here,” she said. 

How sad I thought. In my neighborhood, I know many of my neighbors. We say hello to one another and occasionally help each other out. Just this past week I attended Mrs. Brown’s eightieth birthday party at the nearby North Oakland Senior Center. Mrs. Brown has lived in the same house on Dover Street for more than 40 years. She knows everyone on the block and many of us were there to celebrate her birthday. Teddy Franklin, who lives across the street from Mrs. Brown, acted as the master of ceremonies. He even brought his own mother, Mary Franklin, up from Ridgeland, Miss. to participate in the celebration. Teddy’s wife, Helen, helped with serving the food and arranged all the flowers. Dennis Payne and Eric Boykin, who has lived on the block since he was a baby, assisted with the clean-up. Mrs. Brown’s sisters, cousins, nieces and nephews flew in from Houston, Seattle and Los Angeles for the occasion. Teddy knew most of them already. He and Mrs. Brown had flown to Texas together once in order to visit her extended family. 

When my husband had a bicycling accident in 1994 and became a C-4 quadriplegic, unable to use his arms or legs, people in the neighborhood helped us. Mrs. Brown’s tenant, Mrs. Gerstine Scott, was the first to arrive, and she stuck around, through thick and thin, until her death in 2001. 

Many of the familiar faces on the street have changed since we moved here in 1992. Next door neighbors Yasmine and Tom left for Hawaii in 1996. Ruthie and Craig moved to Southern California last year. Bonnie went to Folsom in 1995, and Ron and Opal, who lived in the house across the street in which Opal grew up, retired to Sacramento in 2002. In their places others have settled in and we’ve gotten to know them all. If I want help with an electrical or plumbing problem I call on Teddy. When I’ve needed someone to look after Ralph while running an errand, Eric has come over and watched the ballgame with him. Once, when our elderly housemate Leroy was stuck on the downstairs couch and needed to be transferred upstairs. neighbors Githinji and Matt carried him up the stairs. I’ve loaned jumper cables and muffin pans to Jenna next door, run a couple errands for Mrs. Brown, hired Tyrone from down the street to paint my kitchen and bedrooms. Andrea, who once lived one block over with her mother, now lives with us and helps with Ralph’s care. 

Mrs. Brown stood up during her party and made a brief speech, thanking us for helping her celebrate her eightieth birthday. “We gotta stick together,” she said. I couldn’t agree more. Our neighborhood isn’t ideal, but we have something that electronic gates and burglar alarms can’t compete with, and for that I’m very grateful. 

 


‘Fahrenheit 9/11’ Contains Many Legitimate Revelations, Among Moore’s Cheap Shots

By ANDREW SARRIS Featurewell
Tuesday June 29, 2004

Michael Moore’s Fahrenheit 9/11 should be carefully studied by John Kerry’s political advisers—not for its good taste, profundity or even originality, but for its sheer bulldog tenacity in laying waste to the patriotic mythology spun out of lies and half-truths in Karl Rove’s White House.  

As it happens, I attended the local anti-Bush revival meeting masquerading as an all-media screening of Fahrenheit 9/11 on a recent warm late-spring night in New York. Mr. Moore was on hand—in his patented green baseball cap—to acknowledge the plaudits of the glitterati. I couldn’t help thinking that he had every right to gloat after the rough treatment he’d received at the Oscars from many of the same people now imploring him to overthrow King George II, after having deemed Mr. Moore in bad taste for prematurely condemning Mr. Bush for the war in Iraq.  

Of course, gloating was the last thing on Mr. Moore’s mind, judging from his gracious and constructive remarks after the film. One could feel that he was still basking in the 20-minute standing ovation he’d received at this year’s Cannes Film Festival after his film won the Palme d’Or. Still, much of the anti-Americanism that fed the mostly European applause at the festival may have ignored the fact that it is difficult to imagine a filmmaker from any other country in the world daring to produce and exhibit a film so explicitly denouncing his own country’s political leaders.  

By contrast, the response after the showing in New York was generally enthusiastic, but hardly overwhelming. I detected some nervousness and uncertainty in the audience about the tactics Mr. Moore employed to discredit President Bush: How many of them were cheap shots, how many of them were legitimate, and how many were breathtakingly revelatory? Like all of Mr. Moore’s enterprises, Fahrenheit 9/11 is a mixed bag, and you take the bad with the good. In fact, you have to take the bad for the sake of the good.  

Mr. Moore begins his unbridled assault on the Bushites by reprising the charges of grand larceny and the stealing of a presidential election—footage of the media confusion over the results in Florida is intercut with shots of Jeb Bush looking taller, handsomer and more presidential than his brother, George, who was clearly not the family’s choice for heir apparent. Mr. Moore never stresses this point, preferring to reduce Jeb, the infamous Katherine Harris, and even the majority of members of the Supreme Court to hirelings of the Bush gang. Crude but effective.  

What was new to me was the spectacle of one African-American member of the House of Representatives after another parading before the Senate to block the certification of George W. Bush as president because of voting irregularities in Florida affecting African-American voters, and not being recognized due to the failure of a single Democratic Senator to sign their petitions. Mr. Moore takes dead aim at Vice President Al Gore as the presiding officer of this parliamentary travesty, in which the Democratic Party surrendered to the Republicans’ power grab without offering any resistance. Is history about to repeat itself this year through the efforts of Diebold (whose owner is a major contributor to the Bush campaign), a company that has manufactured new electronic-voting machines which don’t produce a paper trail, to be used by millions of voters in the 2004 elections? We also have the same Supreme Court that decided in Bush’s favor in 2000; Jeb Bush is still prepared to do his brother’s bidding in Florida; and the Republicans have more money to spread around in 2004 then they had in 2000. No wonder the audience seemed nervous. I am, too. Even before 2000, the Republicans displayed a flair for stealing elections—for example, in the Hayes-Tilden fiasco of 1876.  

But most of this is old stuff, and Mr. Moore doesn’t get into high gear until he zeroes in on 9/11 and its immediate aftermath, with the still-mysterious authorizations for airline flights to spirit bin Laden family members out of the United States and back to Saudi Arabia. I don’t believe the New York Times and the other media have ever done their homework on this issue, failing to connect the dots to uncover the Bush family’s compromising connections with the bin Laden family’s networks and sundry other Saudi-American financial dealings. There’s been no attempt to follow the money, as was done in the Watergate case.  

As for the war in Iraq and the alleged weapons of mass destruction therein, American journalists were so deeply embedded in the Bush administration that they fell sound asleep when questions of verification were raised. Here Mr. Moore trivializes his arguments by taking cheap shots at the unpopular members of the Bush team with Candid Camera–style footage of them primping for their television appearances. Neocon ideo-logue Paul Wolfowitz gets the biggest laughs when he salivates on his comb to smooth his hair, but this is a game of “gotcha” that you can play with any target, from the extreme left to the extreme right.  

Mr. Moore is on stronger ground when he returns to his populist roots in heavily unemployed Flint, Mich., a fertile ground for U.S. Army and Marine recruiters with their promises of a college education, to illustrate the fact that it is the poorest young men and women who are doing all the fighting and dying in Iraq and Afghanistan. Mr. Moore does show some restraint in his showboating antics with Congressmen in front of the Capitol, as he asks them to send their sons and daughters to Iraq. He points out also that the president has slashed benefits for the troops and the veterans, while at the same time professing his love and appreciation for their sacrifices.  

Still, even in Mr. Moore’s footage, there are depressing shots of crowds of Bush supporters cheering for the president. As we sat in the Ziegfeld in more or less political and cultural harmony, we had to wonder who all those people in the red states (and all the red-state people in the blue states) were, and whether any of them would see Fahrenheit 9/11—and if they did, would it change any hearts and minds?  

The distribution of the film has already been penalized with a restrictive R rating for its allegedly graphic images of the horror of war and the sight of American amputees and Iraqi civilian casualties, neither of which are likely to have been officially sanctioned by the Pentagon. And the movie business pages are full of Harvey Weinstein’s agonizing struggles with the Disney organization, reportedly because of Jeb Bush (again!) and his ability to cause trouble for Disney’s theme-park holdings in Orlando, Fla.  

So Fahrenheit 9/11 emerges as yet another salvo in a holy war between the Bushites and the anti-Bushites, with no quarter given in what promises to be a long, hot summer. I urge readers to see the film and judge it for yourselves. It is, at the very least, one of the most thought-provoking releases of the year.  

 

Andrew Sarris is the film critic for the New York Observer, where this article first appeared. He is also the author of The American Cinema: Directors and Directions 1929-1968. ?


Letters to the Editor

Tuesday June 29, 2004

NOBEL LAUREATES 

Editors, Daily Planet:  

The “We Support John Kerry” statement (“UC Professor Joins Laureates For Kerry,” Daily Planet, June 25-28) might have carried a little more weight if it had included the names of the 48 Nobel laureates. I look forward to that list so I can see if any of them have done anything meaningful in their fields within the last 40 years. I see that Professor Glaser’s major career achievement (according to the article) dates back to 1960. That’s 47 years for those readers who may only be acquainted with the “soft” sciences. I also find it humorous that Professor Glaser invokes Nancy Reagan’s name to support his diatribe against President Bush’s science policy, but then denounces (then president) Reagan near the end of the article. I’m not sure how Iraq, abortion, John Ashcroft, and the Patriot Act were relevant to a critique of Bush’s science policy, but then my mind doesn’t have the intellectual sweep of a Nobel laureate from Berkeley.  

Vince Swanson 

Oakland 

 

• 

CITY BUDGET 

Editors, Daily Planet:  

Regarding your article on the Berkeley budget (“Council Squeezes Unions, Passes Budget,” Daily Planet, June 25-28), you wrote that six vacant police officer positions have been eliminated. Have all vacant city positions been eliminated? If not, which have not and why? Is there a hiring freeze in Berkeley? What sacrifices have non-union city employees made in terms of pay and benefit cuts? Have plans been made to trim the budget if the $8 million in tax increases that the council wants are not approved in November? You wrote that the council passed non-binding tax increases of $3.1 million and $4.9 million in new taxes. Berkeley has a $10.3 million deficit and the council wants a tax increase of $16 million. Can you explain the numbers?  

Michael P. Migal Kuchkovsky 

 

• 

AC TRANSIT PLAN 

Editors, Daily Planet:  

In his opinion piece (“AC Transit Evaluates Telegraph Avenue Alternatives,” Daily Planet, June 25-28), John Caner claims that virtually everyone agrees on the goal of getting more people to take public transit, but opinions differ on where and how. That’s true, but then he goes on about how the BRT or other new bus system on Telegraph will reduce available parking and increase traffic congestion. This misses a major point. 

To be effective, public transit has to offer a transportation alternative better than driving. Transit has to come first; it should not have to compete equally with car traffic. If the BRT project works properly, this should be a natural development: As more people use the buses, there will be less traffic and less need for parking. 

If the Telegraph neighbors and merchants really don’t expect people to drive less, then the proposed new bus system will indeed have a negative impact on traffic and parking. This is the prime issue—not the EIR, not computer models, not a transit mall. The issue is whether we’re serious about using the bus. 

The idea of the BRT started with the TDM study. The object is to have a mode-shift from driving personal cars to riding buses. Buses should not be regarded as obstacles to “normal” (i.e. car) transportation. In congested places like Telegraph, buses should be the normal transportation mode (as trolleys and trams once were). Cars come second. If this principle is not agreed, then we’re fools to carry on with the Telegraph BRT project. 

Buses should not be viewed a only social service for the car-less poor. Public transportation is to be used by everyone. We should not be concerned giving up parking, re-routing cars or a giving buses a dedicated lane. Buses come first because they provide public transit. Those who must drive cars should expect some inconvenience. 

So the EIR is a side issue. The real question is whether we really want to cut congestion and have first class public transit. 

Steve Geller 

 

• 

BIG TIME OBSCENITY 

Editors, Daily Planet:  

Dick Cheney defended his obscenity against Democratic Senator Patrick Leahy on the Senate floor by saying that he felt the better for it.  

In fact, Cheney has plenty to feel good about: In 2002 and 2003, Halliburton was a money-losing venture, posting losses for two successive years. Now, as a result of its Iraq contracts (operation RIO), Halliburton earns a billion dollars a month. (It won’t reveal its current profit margin.) 

As a man with a sick heart living on borrowed time, he can also feel good that his place as the most influential vice president in history is already secured: He has held sway over the American imagination in an unprecedented way.  

In spite of the tragic consequences of our violent seizure of Iraq, millions of Americans will still clap him on the back for his bravura display of aggression on the senate floor, proud to join him in a resounding chorus for posterity, directed against all enemies real and imagined, and (following his example) with greatest passion against their fellow countrymen: ‘’Go f--- yourself!” 

Sheila Newbery 

 

• 

CHENEY’S ARROGANCE 

Editors, Daily Planet:  

When Senator Patrick Leahy challenged the Vice President on the excessive no-bid contracts that the Bush-Cheney administration has given to Halliburton Corp., regardless of its history cheating and overcharging our government, Cheney told Leahy “Go f*** yourself.” Senator Leahy’s questions represent the concern of all of us taxpayers, since we’re the ones who pay for those contracts. Cheney’s arrogant blow-off disrespects all of us. 

Bruce Joffe 

 

• 

CREEKS ORDINANCE 

Editors, Daily Planet:  

The Berkeley Creeks Ordinance (Chapter 17.08), currently under review by the City Council, has some extremely restrictive and troubling provisions. According to the city, more than 2,000 homeowners in Berkeley live within 30 feet of an open or culverted creek. How many know that the ordinance prevents them from expanding their existing buildings, even if the footprint of the structure is not enlarged? More alarming, how many know that the ordinance prohibits the replacement of any existing structure within the 30-foot setback following a disaster, even if there is no other buildable site on the property? 

We have been proud stewards of our Berkeley property, spending thousands to daylight our section of Capistrano Creek and naturalize its banks. We’ve even helped form our own local creek group. Yet, we’ve just learned of this creeks ordinance. Apparently, it’s been in the books since 1989, yet no one seems to know who authored the original provisions or if it even went through the City Planning Department. 

Is the purpose of this ordinance to encourage responsible management of Berkeley’s creeks, or is the unstated goal to establish creekside parkland and open space? In our neighborhood, the city had the chance to do just that back in the 1920s, but decided instead to sell the land to developers and beef up its property tax revenues. Now it wants to restore natural waterways, but nowhere does the ordinance address compensation to property owners if their development rights are denied. Regarding the disaster provision, does the city intend to purchase those rights following an earthquake or fire, or will it merely take them away? Perhaps the assumption is that homeowners will happily abandon their parcels, or donate them to the city? Fat chance, considering that most home owners in this area have their life savings wrapped up in their properties. If the ordinance remains as it is, you can bet there will eventually be a bevy of lawsuits filed by groups of angry taxpaying residents who feel that the city is trampling on their rights. 

On July 13, the Berkeley City Council is scheduled to review the ordinance and consider possible revisions and clarifications. We suggest that other citizens and property owners review this ordinance and urge their councilmembers to amend it to be workable and fair, before the next disaster strikes. 

Jeff Caton 

Member, Friends of Capistrano Creek 

 

• 

OFFENSIVE CARTOON 

Editors, Daily Planet:  

In your recent issue, the political cartoon shows a person being electrocuted. This isn’t funny. Are we the readers to assume the Daily Planet supports a violent response to injustice? 

Denny Riley 

 

• 

OFFENSIVE REPORTING 

Editors, Daily Planet:  

As a victim of a violent assault a number of years ago, I can assert with authority that it’s no laughing matter. Therefore, I find Richard Brenneman’s lighthearted and whimsical reporting of Berkeley crimes in the Police Blotter to be highly offensive and inappropriate. For instance in your June 22 issue, Brenneman describes a man forced off his bicycle, which was stolen, as turning “a cyclist into a pedestrian” as he was “relieved of his wheels.” In actuality, the cyclist likely suffered emotional trauma if not physical injuries in being forced off his bicycle. When I was attacked and robbed on the street, leaving me with a broken nose and two black eyes, there wasn’t anything humorous about it. Please ask him to reserve the creative flourishes for his next novel. 

Stacy Taylor 

El Cerrito 

 

• 

ELMWOOD DISTRICT 

Editors, Daily Planet:  

As a person who shops, dines and occasionally goes to the movies in the Elmwood District, I read with interest and some dismay the article about the restrictions on people who own businesses there.  

I for one am much more bothered by the empty stores than I am about the precise mix of merchants. Empty storefronts blight the neighborhood and send the wrong message. I’d rather have more restaurants, if that’s what the market will bear, rather than empty spaces. It would be nice to allocate shops as the current regulations apparently do among a wide variety of businesses. But restricting merchants who would otherwise occupy the empty stores is wrongheaded and smacks of the naivety of Berkeley in years gone by. Abolish the restrictions and bring more vitality to Elmwood. 

Jon Kaufman  

 

• 

JUVENILE SHOWOFFS 

Editors, Daily Planet: 

Great. Now we will be treated to the endless corporate mass media glorification of a few juvenile American showoffs in their private attempts to go into space. What a fine waste of time, money and effort by all concerned. Meanwhile, back here on planet Earth, we living in the U.S.A. still suffer from a lack of universal health care; our economy is in a shambles; our civil liberties are being shredded; we are busy destroying what’s left of our natural environment and we have an endless stupid war on Iraq run by a president who feels that God has given him the divine right of kings. Great.  

James K. Sayre 

 

• 

OSAMA VS. GEORGE 

Editors, Daily Planet:  

1. How many innocent people did Osama Bin Laden kill? What has he accomplished? 

2. How many innocent people has George Bush killed? What has he accomplished? 

I wonder why I haven’t seen this discussed anywhere? 

Mike Vandeman 

Hayward 

 

• 

FLAG-DRAPED COFFINS 

Editors, Daily Planet:  

The Bush administration prohibits the media from covering the more than 800 war dead hero’s flag-draped coffins returning in countless plane loads. They don’t want people thinking about the casualty count and the billions being spent on this ill conceived war instead of on our numerous domestic problems.  

Then Ronald Reagan died and his prior-to-9/11 funeral plans were implemented. The week long, non-stop media coverage included his flag-draped coffin being expensively schlepped, no doubt at taxpayer expense, from the mortuary to the Reagan Presidential Library, to the airport, to Washington, to the Capitol Rotunda, to the church, to the airport, back to California.  

Obviously he was loved by many. Yet the media seem to have amnesia regarding his real legacy of lasting damage to the economy; environment; poor, working class and people of color; those with HIV/AIDS and mental illness; etc. He was certainly no hero to millions here as well as in countries in Central and South America.  

Flaunting the over the top, war-time, funeral honors bestowed upon Reagan appeared inappropriate compared to the blackout on the returning war dead and an insulting slap in the face to their loved ones.  

Reagan was a wealthy old man who lived a long and full life. Contrasted with the wasted and lost young lives, the casualties of Bush’s war in Iraq and the disrespectful non-coverage afforded their flag-draped coffins speaks volumes about the sorry state of this country at this time.  

Carol Gesbeck DeWitt 




SB 744 is One More Attack on Community Control of Land Use

Commentary
Tuesday June 29, 2004

SB 744 (Dunn), now under consideration by the State Legislature, would allow “affordable housing” developers to leapfrog over the local land use decision-making process and appeal to the state (Department of Housing and Community Development) any local land use decisions that either deny their project or impose conditions that purportedly render the project financially infeasible. The state could then order the local agency to reverse its decision and the developer and its friends could enforce this state order in court. This is quite a club for affordable housing developers to wield during the local land use decision-making process. 

This bill is one more in a growing list of state efforts, including density bonus laws, second unit legislation, and Housing Element certification procedures, that have been instigated and promulgated by the affordable housing lobby and pushed by some legislators who have either bought into the mantra of smart growth or who simply do not understand the implications of the policies they are pursuing. Needless to say, the State Department of Housing and Community Development, like most bureaucracies, is not at all averse to expanding its power and influence and telling local jurisdictions, such as Berkeley, what they MUST build. 

The affordable housing lobby is an alliance of non-profit developers, tax-exempt developers, subsidized developers, low income housing advocacy groups, smart growth gurus, and many urban planning professionals—all of whom value high density development and intensified urban population growth over most other legitimate civic values such as neighborhood preservation, reasonably limited local population growth, urban quality of life, reasonable density, and local democracy and control of land uses. The affordable housing lobby wishes to impose its narrow vision of the future on entire communities whether they like it or not and whether or not the supply of affordable housing has substantially increased. In Berkeley, despite our current above-par success in meeting affordable housing goals and despite the high rental housing vacancy rate and substantial decline in rental rates, pressure from this lobby continues unabated. 

In many communities, and certainly in Berkeley until recently, the affordable housing lobby almost ran the show. In general, affordable housing developers had been “incentivized” to build bigger and uglier residential projects with the lure of fee waivers, design and amenity waivers, HAC subsidies, land cost write-downs, Section 8 vouchers, ABAG loan guarantees, political accolade (at least in some quarters), and almost guaranteed profits. Unfortunately for them, neighborhood and preservation activists occasionally managed to slow down their train. The City of Berkeley recently undertook a worthwhile civic exercise, the Permitting Task Force, which set the framework for a land use decision-making process that would allow all stakeholders a voice and expedite better development, neighborhood-friendly development, and more rapid development approvals. Further, in the context of the current “rezoning” of University Avenue, it has become very clear that the best development outcome will emerge when all voices are heard in a thoughtful venue.  

Zoning and land use issues are very complex and speak to our shared future. In Berkeley at least, most citizen activists are not opposed to development per se. Rather, they seek a fairer development playing field, more diverse and neighborhood-friendly development, less dense development, and development that improves the quality of life for all in the long run and enhances the city of the future.  

Unfortunately, while many local politicians and decisionmakers glibly blame state regulations for the sometimes unfortunate and unpopular local land use decisions, when the chance to oppose draconian state regulations arises, they remain quite mute. Is this because many local politicians and decisionmakers are in fact in collusion with the state and the affordable housing lobby and really love the club(s) with which the state is attempting to beat us into submission? I myself have repeatedly asked the Berkeley City Council to join the League of California Cities and numerous other jurisdictions in opposing SB 744 and similar measures, to no avail. 

Berkeley’s neighborhood, preservation, and civic groups should seriously consider opposing SB 744 and similar state land grab measures. For further information you may e-mail me at bgilbertca@aol.com. 

 

Barbara Gilbert is rumored to be a City Council candidate. 

 




Peaceful Point Molate

Commentary
Tuesday June 29, 2004

Editors, Daily Planet: 

The Richmond City Council’s award of Point Molate’s exclusive development rights to Levine-Fricke is an outrage. It’s no wonder that developer James Levine wanted the Daily Planet to keep the story out of public view until after it’s a done deal; I hope that it’s possible to “un-done” it. The land should be preserved as a public park—all of it. Meanwhile, I’m wondering which constituency the councilmembers are working for; there’s muck to be raked in Richmond; the press has not done all that it could. I’m grateful that the Planet aimed a searchlight here and I hope for more “daylighting” of the Richmond government sausage factory. 

I invite readers to experience Point Molate for yourselves; driving, you take the last exit just before the San Rafael Bridge toll plaza and just meander to the north (the only way you can go). After you pass a small run-down city park on your left, you’ll find the old Navy fuel terminal area, Winehaven and other buildings, and the supporting village of abandoned Navy housing. The waterfront location is wooded, calm and peaceful; it’s a badly-needed respite from urban noise and reckless out-of-control developers and their casinos. If you continue onward, you may find a few people fishing quietly amidst bits of organic bayside surroundings, before you arrive at an industrial property. Beyond that area, there are signs that the East Bay Regional Park District has been at work. 

The area has seen spotty public use even while it was under U.S. Navy jurisdiction. The little park was a small snippet of Richmond city property carved out of the Navy’s terrain. A railroad museum was located here during the 70s and 80s, offering public rides on historic equipment; the collection of locomotives and cars was hosted on unused tracks on Navy property (the equipment is now located at the Niles Canyon Railway in Fremont, where you can still ride it). 

It is easy to forget that you’re so close to a city here, that you’re so close to heavy industry. In fact, the entire Chevron refinery is out-of-sight just over the ridge. It would have been very easy to pipe fuel onto military vessels during the war. But the fantasy is delightful to experience nonetheless—things don’t feel like the “oil biz” now—the deception is almost complete; life feels slow here and one can have an enjoyable, quiet picnic. 

If it is critical for the Richmond City Council to backfill their severe budget shortfall by this curious venture, why not put the entire enterprise where it won’t take precious waterfront land. There are vast empty tracts for all to see from Richmond Parkway in the vicinities of Parr Boulevard, Gertrude Avenue, Freethy Boulevard, Radiant Avenue, and the territory around the two railroad main lines. That’s a great amount of wasteland; I think that an entire casino-hotel enterprise would be easily absorbed in that vicinity. I could be wrong, but I don’t think that anyone would object. So, why not just transplant the entire shebang over there and have done with it. 

Richard Steinfeld›


UC’s Tien Center Could Obscure Haviland Hall, Destroy Observatory Hill

Commentary
Tuesday June 29, 2004

Editors, Daily Planet: 

In his article “ Regents miss the point of Cal project” (San Francisco Chronicle, June 10), John King takes the UC Regents to task for criticizing the design of the proposed Chang-Lin Tien Center for East Asian Studies. 

King admits that “the regents are right to be vigilant: The building would be located along the north edge of the newish Memorial Glade, directly across from Doe Library, one of Cal’s truly revered landmarks. It’s a timeless location that deserves equally timeless architecture.”  

However, King believes that the architects selected, Todd Williams and Billie Tsien, are in themselves an unassailable guarantee of greatness, certain to give us “ a meticulous masterpiece—a subdued but fitting neighbor to Doe Library that glows with life and thought.”  

In summation, King offers “ Today’s architecture lesson: Don’t judge a building by how it looks on paper.”  

Very true. And don’t judge a building independently of its proposed site. 

Quite apart from the architectural considerations, the Tien Center project must be judged in the context of the surrounding historic, cultural, and natural resources in the UC campus central glade. 

Even the rosiest architectural renderings can’t hide the fact that Haviland Hall (John Galen Howard, 1924), which like the Doe Library is listed on the National Register of Historic Places, will be obscured from view, hemmed in, and trivialized when the Tien Center becomes its immediate neighbor. 

Placing the Tien Center next to Haviland Hall flouts Policy 3.1 in the Campus Architecture Strategic Goals: “ Projects within the Classical Core shall enhance the integrity of this ensemble, and complement rather than compete with existing historic buildings.” If the project goes forward as planned, the Tien Center will not only compete with Haviland Hall but overshadow it completely. 

Another key resource in the immediate area is the historic Observatory Hill, one of the best natural enclaves on campus. Large portions of the hill (including some of its most picturesque spots) are destined for extinction when the Tien Center is built. 

The Tien Center Library’s orientation at a 90-degree angle to Haviland Hall (instead of being oriented diagonally to it, conforming with the perimeter of the Haviland parking lot) would intrude unnecessarily into the southeastern part of Observatory Hill, where a number of mature specimen trees are to be found. The monumental plaza and steps planned for the east end of the Tien Library would destroy even more of the hill. Phase 2, if it is built as planned, would do away with almost the entire western flank of the hill—a tragic loss to the campus and to the Berkeley community. 

Everything about the design and the siting of the Tien Center flies in the face of CEQA and the stated goals of the campus New Century Plan. A site far more suitable for conserving natural resources would be the parking lot behind Dwinelle Hall, which is slated for in-fill in the 2020 LRDP. 

Since UC is determined to accord the Tien Center a prominent place in Memorial Glade, it might want to consider this suggestion: 

Sometimes, moving a department is preferable to the loss of key resources. If the School of Social Welfare (housed in Haviland Hall) were to move to another location (the parking lot behind Dwinelle Hall, for example, or the spaces at Durant and Dwinelle halls currently occupied by the Tien Center), Haviland Hall would make an excellent and prominent new home for the Tien Center. 

With Tien at Haviland, a smaller second building could be constructed on the Haviland parking lot. If this second building were to oriented not at 90 degrees to Haviland but at an angle conforming to the existing parking lot, and if its entrance were repositioned to eliminate the proposed monumental plaza and steps, Observatory Hill would go untouched, and Haviland Hall would retain the prominence it deserves. 

 

Daniella Thompson lives just north of the current boundary of the UC Berkeley campus. 

 

 

 


40 — Okay, 20 — Observations From 40 Years in Berkeley

By ALBERT SUKOFF
Tuesday June 29, 2004

I came to Berkeley 40 years ago this month for graduate school at UC. I quickly noticed that the Bay Area was not predominantly flat and gray like my native New Jersey, an annoying land of two temperatures: too hot and too cold. I have ever since considered Berkeley my home, even during two years in Chile and one in Washington in the late 60s.  

I offered the Daily Planet 40 observations from my 40 years in the Peoples Republic. Too long, they said. Here then, for your consternation or amusement, scorn or praise, derision or agreement, are the top 20:  

1. Contrary to its reputation, Berkeley is no more tolerant than other communities. It just tolerates different things than mainstream America. Like anyplace else, it tolerates what it finds acceptable and condemns what it finds offensive. No? A Camel-smoking Bechtel VP moves to Berkeley with a bumper sticker proclaiming “Abortion is Murder” on one side of his 6,400-pound Hummer and on the other, let’s say “From My Cold Dead Hands.” Let’s add a Bush/Cheney sign in the window. If Berkeley had a welcome wagon, it’s be a ‘68 VW van and it would pass this guy right on by.  

2. Berkeley loves diversity; the city’s logo praises diversity—diversity of race and sexual orientation, diversity of income (but not the extremes), diversity of language, culture, and physical abilities. All good. Except the diversity of ideas. Take a letter to the editor in the San Francisco Chronicle from Berkeley, tell me the topic, and virtually every time I could tell you the position taken . There isn’t a community in the country as large as Berkeley where the views on controversial issues are more uniform.  

3. The Berkeley polity is dominated by maybe a thousand activists for whom politics is sport. The play politics in exactly the same way others play bridge or tennis. For them, politics is recreational. The activity is more important than the issue. 

4. If you are not one of these activists, you are unlikely to regularly participate in local politics. Ever zealous and often behaviorally challenged, these true-believers drive everyone else out of the process, even those with a predilection to participate. When challenged to get involved, non-activists will always come up with the same mantra: “Life is too short for Berkeley politics.” 

5. These activists do not care that many local government programs neither work as intended nor make any sense, or that they cost way too much or even if they are counter-productive. All that matters is that it feels right and addresses, however lamely, an issue near-and-dear to their collectivist heart. Rather than Do Good Politics, this is Feel Good Politics. 

6. Subscribers to the prevailing Berkeley mindset are obsessed with the distribution of wealth without regard to the generation of wealth. They neither appreciate nor care that wealth is created by human activity; it is not simply lying on the ground like some many gold nuggets to be gathered and distributed in manner that they believe is fair. 

7. This same municipal mindset equates profit with avarice and waste. It neither understands nor appreciates that profit is the driving force behind virtually all wealth and that, as a tool for organizing human activity, profit is way cheaper than bureaucracy. 

8. George Orwell allegedly posited that the problem with socialism is that it takes up too many weekday evenings. Decisions get made by those who are still in their chairs at midnight. To have an impact in Berkeley politics takes an inordinate amount of time. Too bad if you have work the next morning. 

9. Berkeley activists spend a whole lot of time talking to each other. One would think that their goal of social and political change would be better served if they took their signs and leaflets to Piedmont or Hillsborough; better yet, Dallas. 

10. Berkeley is not racist in that neither as a society nor as a polity, does it treat any race in an inferior manner to any other. It is, however, extremely race-conscious, thereby in its own way compensating for perceived racism elsewhere and at other times. This noble sentiment notwithstanding, the concomitant attitudes are paternalistic and patronizing toward the beneficiaries and result in policies that are unfair to others. 

11. Unique in the Bay Area, Berkeley has lost 15-20 percent of its population over the last few decades. This town may be denser than most California cities but Berkeley did not feel overly dense when it had 120,000 people and it doesn’t feel so now. Paradoxically, fewer residents has probably meant more cars on the streets as those who might otherwise live here must drive here.  

12. Berkeley is terribly wire-blighted. Drive up Forest Street from College Avenue and note the difference when the overhead wires disappear. Undergrounding Berkeley’s utility lines would make an immense improvement to the appearance of the community but as long as there is an army of city employees to pay and no Palestinian homeland, our resources and attention will likely remain elsewhere committed. 

13. The City of Berkeley is run by the bureaucrats for the bureaucrats. As labor, city employees get virtually everything the want. In the stale rhetoric of labor and capital, workers and bosses, the subjugated and their rulers, labor prevails uber alles. The City Council is constitutionally incapable of challenging labor, especially unionized labor. As a result, city employees are treated very well. This means not working them too hard, overpaying them, virtually never firing anyone and assuring them a comfortable retirement. 

14. Hayward is six times larger than Berkeley and has 40 percent more people. It has 900 employees: Berkeley has 1,600. What do all these extra people do at $100,000 each? With all this elective activity, dealing with the current budget crisis should be a snap.  

15. Berkeley has the worst drivers in California, probably because too many of them are from Boston, where no one knows how to drive, or New York, where people learn to drive at 30—far too old to garner the essential confidence, physical skills and instincts. 

16. I don’t know why BeTV, (Berkeley's open-access cable station,) can show bare breasts, full-frontal nudity and pretty explicit sexual activity while Howard Stern cannot. I guess one of the participants confined to a wheelchair makes it not pornography. I have no problem with this fare on late night television but I’m not sure such programming is a legitimate function of municipal government. 

17. Berkeley has the greatest concentration of Volvos this side of Scandinavia. They all apparently come with factory-installed leftish bumper stickers. “I’ll take the V-70 station wagon in maroon with air and a sun roof and, oh, maybe, ‘One Nuclear Bomb Can Ruin Your Whole Day’ on the bumper.” 

18. “A Nuclear Bomb is Pretty Bad but One Berkeley ‘Progressive’ Can Really Ruin Your Whole Day.” That’d be the bumper sticker on my well-scratched pickup. It is not on my car because I fear that some gentle, peace-loving, tolerant Berkeleyan would respond to my free expression of ideas by taking a key to my trunk. 

19. Everyone in Berkeley hates Emeryville. If Berkeley would accommodate its fair share of larger retailers, traffic would spread out more evenly up and down the bay. The choice here is not having or not having these market-pleasing businesses, but where they go. And, not insignificantly, who gets the substantial tax revenue they generate. 

20. The Neighborhood Preservation Ordinance of 197? has had a mixed impact at best. The initiative likely did prevent the loss of the many good buildings which likely would have been replaced with pretty bad buildings. It also, however, has prevented and continues to prevent the bad from being replaced with the good. Berkeley has plenty of crappy buildings which could and should be replaced. 

 

Albert Sukoff is an Oakland real estate developer and past president of the Berkeley Property Owners Association. 

 

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The Hardy California Finch Spreads Its Wings

By JOE EATON Special to the Planet
Tuesday June 29, 2004

I was back in Arkansas last month, partly on family business, partly revisiting some favorite places in the Ozarks. Things have changed since I lived there. The great homogenizing forces of commerce and mass culture have been at work. You exit the freeway into outposts of Generica: Barnes & Noble, Old Navy, Starbucks. Krispy Kreme, having leapfrogged from the Southeast to the West Coast, is about to colonize Arkansas. There are signs of demographic shifts: more Mexican restaurants, and a couple of Vietnamese sandwich shops in Little Rock. 

The natural world has changed too. We never saw armadillos when I was a kid; now they seem to have displaced the possum as the dominant species of roadkill. My cousin Lillian up near the Missouri border has dillo divots in her lawn. Blame it on climate change, or creeping Texanization. 

And all the bird feeders I happened to watch during my stay had, along with the cardinals and chickadees, a steady stream of house finches. We never had house finches either; I saw my first here in California. Now they’re found all over the South, and through most of the eastern and central states. 

How they got there is an interesting story. Back when native birds had less legal protection, some species became popular as cagebirds. The attractive red plumage and vigorous song of the males made house finches a natural for the pet trade. Trapped in California, they were marketed as “Hollywood finches.” Inevitably, some escaped or were released. 

By the 1940s house finches of California origin were nesting on Long Island. They fanned out from there in all directions, adjusting to local climates and sustained in part by bird feeders. A lone pioneer reached Arkansas in 1971, two years after I arrived in California. Within 15 years they had been confirmed as breeding there, and now they’re as ubiquitous as Baptists. 

Sixty years is an eyeblink in the life of a species. Eastern house finches don’t show a lot of genetic variation, which may make them more vulnerable than native birds to infectious diseases. In the mid-90s, feeder observers began to notice sick house finches. They were suffering from conjunctivitis caused by the bacterium Mycoplasma gallisepticum, previously known only from domestic poultry. Infected birds either starved to death or succumbed to predators, and the eastern population dipped significantly. But the native purple finches and goldfinches appeared unaffected. 

I haven’t followed the Mycoplasma story in recent years, so I don’t know whether the eastern house finches are beginning to evolve a resistance. But it wouldn’t surprise me. According to a study by Jeremy Egbert and James Belthoff at Boise State University, they’re showing other microevolutionary changes, in both anatomy and behavior. 

In its western homeland, the house finch is a sedentary bird. But at least some eastern populations have begun to migrate. Migratory behavior in songbirds tends to be pretty inflexible (unlike geese, which learn—and can therefore unlearn—their migration routes). But you can see how the propensity could spread through a population. A finch that gets the hell out before snow blankets the ground is going to leave more descendants than one that freezes solid in a New England winter. 

It’s the apparent linkage between form and function that I find interesting, though. Egbert and Belthoff trapped house finches around Boise and at Ithaca, New York, and measured their wing dimensions and other vital statistics. The New York finches had wings that were thinner and more pointed than those of the Idaho birds. The primary feathers—the flight feathers between wrist and wingtip—were shorter near the wrist, longer at the tip. 

So? The authors point out that this thin-and-pointed shape is common in migratory birds, for good aerodynamic reasons: a pointed wingtip reduces drag in flight. This holds both between and within species. When a species has both sedentary and migratory populations, the migrants tend to have longer, pointier wings. 

What this means is that as the migratory habit has spread among eastern house finches, so has a wing shape that makes long-distance flight easier. Egbert and Belthoff, citing E. O. Wilson, the godfather of Sociobiology, think the behavior likely changed first, the physical structure second.  

This doesn’t mean the eastern birds are necessarily on their way to becoming a distinct species. California and New York finches could still interbreed and produce fertile offspring, if they ever got together. But it’s a great example of the routine workings of natural selection, the kind of fine-tuning Peter Grant discovered in his long-term study of the Darwin’s finches of the Galapagos Islands. As recounted by Jonathan Weiner in The Beak of the Finch, Grant found that the beak size and shape of his subjects tracked the availability of seeds of different sizes and hardnesses, which was in turn driven by El Niño events and other climatic shifts. Selection kept varying the mix to produce an adaptive optimum. 

It’s all about which physical or behavioral type leaves the most descendants. Sixty years equates to 60 house finch generations—not long enough to evolve, say, iridescent feathers, but long enough for adaptations to a different climate to show up. 

What happens when those selective pressures are relaxed, though? If global warming means milder winters in New York, will the Ithaca finches revert to the western norm? Stay tuned. 


Spiral Gardens Sets Down Roots on Sacramento Street

By RON SULLIVAN Special to the Planet
Tuesday June 29, 2004

Spiral Gardens Community Food Security Project’s Urban Garden Center opened grandly on Sunday, June 27, at 2 p.m., with a stageful of song, rap, and inspirational speech, and food and plants for sale and for free. 

The garden is on Sacramento Street at Oregon—a conspicuous half out on Sacramento and a hidden half across Oregon behind the storefronts. The front half is what you’ve been wondering about for the last several months as you drive by: What’s he building in there? 

It is nursery tables, rigged up for potting and maintaining seedlings and aimed southward for solar gain. These are filling with plants for sale, herb and veggie starts including unusual stuff like oca and cardoon. There’s a garden shed and a spot sheltered by a trellis for gathering or just enjoying the green. The hidden section is beds in the ground with assorted useful plants, and some potted ornamentals being groomed for sale there and at the Berkeley Farmers’ Market. One of the storefronts housed Spiral Gardens’ office, as full of plants as it is of papers. 

Spiral Gardens has been around for years, starting as a guerrilla gardening movement to grow produce in community gardens on vacant lots. It allied with BOSS (Berkeley Oakland Support Services/Building Opportunities for Self-Sufficiency) as the BOSS Urban Gardening Institute (BUGI—aren’t acronyms fun?) and—with recent shifts in fundraising—is Spiral Gardens again. Daniel Miller and his allies plan to make the Sacramento Street complex serve its neighborhood in several ways. 

The back lot is being set up as a collective garden—not a traditional community garden with individuals’ plots, but a teaching and production spot where half of the harvest is divided among the gardeners who work it and half goes to the homeless and elderly, via several local facilities. 

The street-front nursery will specialize in “useful plants”—food, medicinals, and native plants for restoration sites. These sales will support the project. At the nursery gate, another part of the project happens on Tuesdays: a market for low-cost organic produce from local farmers. The neighborhood, like many urban places, lacks fresh produce stores. Miller and company surveyed the neighborhood door-to-door to find out what residents wanted most, and this is Spiral Gardens’ response. 

Plans for next steps include free classes in gardening, good eating, and community-building; and eventually, maybe, a well for irrigation. Miller says the site lies on ground with good water quality and a decently high water table. 

Volunteers are welcome; call or just drop by whenever you see anyone working in the garden.


Carrying on a Telegraph Avenue Tradition

By ELLEN GROSSHANS Special to the Planet
Tuesday June 29, 2004

Doris Moskowitz readily admits that she keeps one foot planted in the past while charting a new course for her business. She is the proprietor of Moe’s Books, a Berkeley landmark named after her father who was an icon in his own right. Upon the death of Morris “Moe” Moskowitz on April 1, 1997 at the age of 76, then Mayor Shirley Dean declared a “Moe’s Day,” closing the block on Telegraph Avenue where the store is located to allow people to come and pay tribute to its famous owner.  

Not much has changed visibly since Moe’s death, except perhaps the vivid new red awnings that invite customers in to peruse the store’s more than 150,000 volumes of used, new and antiquarian books. Black-and-white photos of the fun-loving, cigar-puffing founder still frame the walls.  

“My mission is to keep the store running according to Moe’s vision,” explained Moskowitz. “At the same time, I have to balance the challenges that face independent bookstores everywhere. Luckily, this store thrives on the goodwill of its employees and the community it serves,” she added.  

 

A Piece of History  

To understand how a bookstore engenders such loyalty is to understand Moe Moskowitz and the valuable business lessons he passed on to his daughter. The New York native moved to the Bay Area in the late 1950s. Out with friends one evening, he met the woman who later became his wife (and Doris’s mother). It didn’t matter that she was on a blind date with someone else—she was won over by the same charisma and spontaneity for which people remember him. Together, they opened the Paperback Bookshop on Shattuck, near University Avenue.  

In 1959, the bookstore outgrew its space and moved to Telegraph Avenue where it was renamed Moe’s Books. The store was at the epicenter of the politically-charged events of the 1960s, which suited Moe’s passionate and outspoken nature just fine. People from all over came to chat with Moe and revel in his larger-than-life persona. In the 1970s, when Berkeley banned smoking in public places, Moe was cited a number of times by police for continuing to smoke his cigars in his store.  

During these years, Doris worked in the store during summers and school holidays. Fourteen years ago, after graduating from Mills College with a degree in literature and music, she decided to join the store full-time. But it wasn’t that simple. “Moe despised nepotism,” Moskowitz recalled. “He had fired both of my sisters so I knew he wasn’t going to give me a break.”  

Thus it was not surprising that Moe had his daughter train as a book buyer for nearly seven years. Along the way he fired her a few times, too. But according to Moskowitz, “I just kept coming back.”  

 

Applying the Lessons of the Past  

These days, it’s tough to be an independent bookstore in the face of stiff competition from huge chains and Internet sites. Think of Meg Ryan’s character in the movie You’ve Got Mail, forced to close her shop when a big box moves into the neighborhood.  

But walk among the four floors that comprise Moe’s Books and you notice the diversity of its customers, which is reflective of a community unlike any other. The store serves book lovers of all types, from retirees who spend the entire day here to graduate students seeking inspiration for their dissertations.  

Indeed, where else can you find a $10,000 antique book and a 13-cent paperback in the same place?    

“Moe was adamant that books should be accessible to everyone,” noted Moskowitz. Against the recommendations of other retailers and business advisors, she continues Moe’s tradition of selling half-price mass-market pocketbooks alongside more expensive books. Three large walls—valuable real estate in a bookstore—are filled with these small books covering anything from the classics to science fiction.  

Moe was also one of the first book retailers to give out trade slips for people selling their used books. He was well-known for his generous price quotes, a reputation that Moskowitz has upheld.  

An astute book buyer herself, Moskowitz and her team add hundreds of used and out-of-print books to the store’s inventory daily. “In a way, Moe wanted his bookstore to be like a library…something everyone from all walks of life could enjoy and where they would want to come back,” said Moskowitz of her father.  

And like her father, Moskowitz is a well-respected manager. Many of the store’s 26 employees have been there for a decade or more, with the oldest employee completing his twenty-eighth year. Employees are hired for their knowledge and love of books, and many have specific experience in subjects as varied as design, architecture, photography, fashion and costume, European history and Asian art. Turnover is incredibly low because Moskowitz provides employees with full benefits—a rarity among bookstores of any size or type.  

Of her father’s management style, Moskowitz explained that “Moe gave people tremendous freedom and trusted them to do the right thing. He was a visionary, but he didn’t need to control every little detail. He could accept different perspectives and different ways of doing things.”  

Judging by the continued success of Moe’s Books, it is apparent that Moskowitz inherited the same qualities from her father. Moe, in turn, would surely be happy that he never succeeded in firing her.  

 


Arts Calendar

Tuesday June 29, 2004

TUESDAY, JUNE 29 

THEATER 

Shotgun Theater Lab “Four Echoes” at 8 p.m. at The Ashby Stage, 1901 Ashby Ave. Free, donations welcome. 841-6500.  

FILM 

Los Angeles Plays Itself: “The Decay of Fiction” at 7 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Bill Clinton will sign copies of his memoir “My Life” at noon at Cody’s Books. Admission by ticket only. 845-7852. www.codysbooks.com 

Lee Stringer remembers his life at a school for children at risk in “Sleepaway School: Stories from a Boy’s Life” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Poets Gone Wild, open mic, at 7:30 p.m. at Barnes and Noble. 644-0861. 

MUSIC AND DANCE 

Balkan Folkdance at 8 p.m. at Ashkenaz. Cost is $6. 525-5054. www.ashkenaz.com 

Mimi Fox, solo guitar, at 8 p.m. at Downtown. 649-3810. 

REV.99 and Andrew Hayleck at 8:30 p.m. at Oakland Box, 1923 Telegraph Ave. www.oaklandbox.com 

Jazz House Jam at 8 p.m. at The Jazz House. Donation $5. www.thejazzhouse.com 

WEDNESDAY, JUNE 30 

FILM 

All-Comedy Shorts at 8 p.m. at 21 Grand, Oakland. Cost is $5-$10 sliding scale. 415-864-0660. www.microcinema.com 

READINGS AND LECTURES 

Ed Cray reads from his new biography, “Ramblin’ Man: The Life and Times of Woody Guthrie” at 7:30 p.m. at Cody’s Books. 845-7852.  

www.codysbooks.com 

Kay Jones and Anthony Pan explain “Culture Shock! Beijing At Your Door” at 7:30 p.m. at Easy Going Bookstore, 1385 Shattuck Ave. 843-3533. 

Berkeley Poetry Slam, contest with the winners performing at the AIDS Walk in San Francisco, at 8:30 p.m. at The Starry Plough. Cost is $5-$7. 841-2082 www.starryplough.com 

MUSIC AND DANCE 

Potingue, contemporary flamenco-Latin ensemble, at the Crowden Music Center, at 8 p.m. Tickets are $6, free for children. 559-6910. www.thecrowdenschool.org 

Jules Broussard, Ned Boynton and Bing Nathan at 8 p.m. at Downtown. 649-3810.  

Gator Beat at 8:30 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

The Key of Z: Experimental Instruments, and the Music They Make, with From Scratch, at 7:30 p.m.at the Pacific Film Archive. Sponsored by Amoeba Records. 642-0808. 

Whiskey Brothers, old time at 9 p.m. at Albatross, 1822 San Pablo Ave. 843-2473.  

www.albatrosspub.com 

African Storytelling, Drumming and Dancing with Nigerian dancers and drummers from Aji-Tos Center for Art and Culture. At 7 p.m. at Pro Arts Gallery, Jack London Square, Oakland. Cost is $10. 763-4361. www.proartsgallery.org  

Jeb Brady Band, history of the blues, at 8 p.m. at Freight and Salvage. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

The Upsidedown, ‘80s meets ‘60s psychedelic synth-rock at 9:30 p.m. at Blakes on Telegraph. Cost is $5. 848-0886. www.blakesontelegraph.com 

THURSDAY, JULY 1 

EXHIBITION OPENINGS 

Tanaka Ryohei, “Japanese Etchings” opens at the Schurman Fine Art Gallery, 1659 San Pablo Ave. 524-0623. 

READINGS AND LECTURES 

Terry Ehret is the featured poet at the Albany Public Library at 7 p.m. at the Albany Public Library, 1247 Marin Ave. 526-3720. 

Puerto Rican Obituary: A Tribute to Pedro Pietri at 7 p.m. at La Peña. Cost is $5-$10. 849-2568. www.lapena.org 

MUSIC AND DANCE 

Summer Noon Concert with the Capoeira Arts Café at the Berkeley BART. Sponsored by the Downtown Berkeley Association. 

Art Maxwell and Tonal Gravity, jazz and world music fusion, at 8 p.m. at Freight and Salvage. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

George Pederson and His Pretty Good Band at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryploughpub.com 

Tim Buckley’s Influx, avant-garde jazz, at 8 p.m. at The Jazz House. Sliding scale donation $8-$15. www.thejazzhouse.com 

Kenny Rankin at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sat. Cost is $16-$20. 238-9200. www.yoshis.com 

FRIDAY, JULY 2. 

EXHIBITION OPENINGS 

Henry Navarro, contemporary Cuban artist, solo exhibition opens at La Peña and runs to August 2. www.lapena.org 

Works by Ellen Russell opens at ACCI Gallery, 1652 Shattuck Ave. 843-2527. www.accigallery.com 

THEATER 

Aurora Theatre “Betrayal,” by Harold Pinter, directed by Tom Ross, opens at 8 p.m. and runs through July 25. Tickets are $28-$36. 843-4822. www.auroratheatre.org  

Berkeley Rep “Master Class” with Rita Moreno at The Roda Theater. Runs through July 18. 647-2949. www.berkeleyrep.org 

Berkeley Rep, “21 Dog Years: Doing Time @ Amazon.com” Thurs., Sun. at 7:30 p.m. and Fri. and Sat. at 8:30 p.m. Tickets are $25-$35. 647-2949. www.berkeleyrep.org 

Shotgun Players, “Quills” by Doug Wright at the Julia Morgan Theater. Runs Thurs.-Sat. at 8 p.m., Sun. at 2 p.m. through July 3. Free, donations accepted. 841-6500. www.shotgunplayers.org 

MUSIC AND DANCE 

Johnny Talbot & De Thangs, blues band, at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

Kaki King at 8 p.m. at Freight and Salvage. Cost is $16.50 in advance, $17.50 at the door. 548-1761. www.freightandsalvage.org 

Flair, Mojo Apostles, Collisionville, Jules Worsley at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryploughpub.com 

Angel Spit at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

Marcus Selby Trio at 9 p.m. at Downtown. 649-3810. 

Jason Broome and Emaline Delapaix at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Off Minor, Strong Intention, Amanda Woodard, Navies at 8 p.m. at 924 Gilman St. Cost is $5. 525-9926. 

SATURDAY, JULY 3 

CHILDREN 

“Wild About Books” storytime with singer/songwriter Bonnie Lockhart at 10:30 a.m. at the Berkeley Public Library, 2090 Kittredge St. 981-6223. 

MUSIC AND DANCE 

West Coast Live with Kerry Getz and The Palm Wine Boys at 10 a.m. at the Freight and Salvage. Cost is $15 in advance, $18 at the door. 415-664-9500. www.ticketweb.com 

Anthony Brown’s Asian American Orchestra at 2 p.m. at Oakland Asian Cultural Center, 388 9th St. Free, but reservations recommended. 637-0455. www.oacc.cc 

Samantha Raven at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Cascada de Flores, Cuban and Mexican traditional music, at 8 p.m. at Freight and Salvage. Cost is $16.50 in advance, $17.50 at the door. 548-1761.  

www.freightandsalvage.org 

Wadi Gad, reggae, at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

The Rich McCully Band, Dylan Thomas Vance at 9:30 p.m. at The Starry Plough. Cost is $7. 841-2082. www.starryploughpub.com 

Maria Marquez Quartet at 9 p.m. at Downtown. 649-3810. 

Drop Dead, Lights Out, Look Back and Laugh, Desperate Measures at 8 p.m. at 924 Gilman St. Cost is $5. 525-9926. 

SUNDAY, JULY 4 

MUSIC AND DANCE 

Pansy Division, The Quails, Veronica Lipgloss & The Evil Eyes at 5 p.m. at 924 Gilman St. Cost is $5. 525-9926. 

Mal Sharpe’s Big Money in Jazz Band at 2 and 8 p.m. at Yoshi’s at Jack London Square. Cost is $5. 238-9200.  

MONDAY, JULY 5 

THEATER 

Shotgun Theater Lab “Four Echoes” at 8 p.m. at The Ashby Stage, 1901 Ashby Ave. Free, donations welcome. 841-6500.  

READINGS AND LECTURES 

Actors Reading Writers “Speak Now or Forever Hold Your Peace,” stories by Heidi Julavits and David Sedaris, at 7 p.m. at Berkeley City Club, 2315 Durant Ave. 

Poetry Express featuring Stephanie Manning, from 7 to 9:30 p.m., at Priya Restaurant, 2072 San Pablo Ave. berkeleypoetryexpress@yahoo.com 

MUSIC AND DANCE 

Bill Bell Quintet “The Jazz Connection” at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10. 238-9200. www.yoshis.com 


Berkeley This Week

Tuesday June 29, 2004

TUESDAY, JUNE 29 

Return of the Over-the-Hills Gang explore Wildcat Canyon. Hikers 55 years and older who are interested in nature study, history, fitness, and fun are invited to join us on a series of monthly excursions exploring our Regional Parks. Meet at 10 a.m. at the staging area off of Park Ave. in Richmond. Registration required. 525-2233. 

Birding by Bicycle at the MLK Shoreline, Arrowhead Marsh. Now that the migrants are gone, see who stayed behind to raise their babies. We’ll look for Clapper Rails at the pier, then ride around the marsh to search for elusive owls. Bring your bike and a helmet. Meet at at 4 p.m. in the last parking lot, by the observation deck at the end of the driveway off Swan Way. Phone 525-2233 for information or to reserve binoculars. 

“Stop the War on the Black Community” at 7 p.m. at The Fellowship of Humanity, 390 27th St. 393-5685. 

“Israel/Palestine: How to End the War of 1948” with dissident Israeli author Tanya Reinhart at 7:30 p.m. at St. Joseph The Worker Church, 1640 Addison St. Tickets are $20. Benefit for Jewish Voice for Peace and International Solidarity Movement. 465-1777. www.norcalism.org or www.jewishvoiceforpeace.org  

“Report from Israel” An evening with Marcia Freedman, former Knesset member and national president of Brit Tzedek V’Shalom, Jewish Alliance for Justice and Peace, at 7:30 p.m. at Berkeley Richmond Jewish Community Center, 1414 Walnut St. Co-sponsored with Brit Tzedek V’Shalom. Cost is $5. www.brjcc.org 

Organic Produce at low prices sold at the corner of Sacramento and Oregon Streets every Tuesday from 3 to 7 p.m. This is a project of BOSS Urban Gardening Institute and Spiral Gardens. 843-1307. 

Yosemite Day Hikes and Backpacking A slide presentation with Ann Marie Brown at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

Phone Banking to ReDefeat Bush on Tuesdays from 6 to 9 p.m. at Cafe de la Paz, 1600 Shattuck Ave. Bring your cell phones. Please RSVP if you can join us. 233-2144. dan@redefeatbush.com 

Berkeley Camera Club meets at 7:30 p.m., at the Northbrae Community Church, 941 The Alameda. Share your slides and prints and learn what other photographers are doing. Monthly field trips. 548-3991. www.berkeleycameraclub.org 

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. Mary Ellen Taylor from the FDA will speak on food safety. We offer ongoing classes in exercise and creative arts, and always welcome new members over 50. 845-6830. 

Tuesday Tilden Walkers We are a few slowpoke seniors who walk between a mile or two each Tuesday, meeting at 9:30 a.m. in the Little Farm parking lot. To join us, call 215-7672 for information or check our web page, http://home.comcast.net/~teachme99/tildenwalkers.html or email teachme99@comcast.net 

Families Dealing with Dementia A workshop offered by Mercy Retirement & Care Center at 5:30 p.m. at 3431 Foothill Boulevard in Oakland. 534-8547, ext. 660. www.mercyretirementcenter.org 

WEDNESDAY, JUNE 30 

Walk Berkeley for Seniors meets every Wednesday, rain or shine, at 9:30 a.m. at the Sea Breeze market, just west of the I-80 overpass. Everyone is welcome, wear comfortable shoes, sunscreen and a hat. 548-9840. 

Walking Tour of Oakland Chinatown Meet at 10 a.m. at the courtyard fountain in the Pacific Renaissance Plaza at 388 Ninth St. Tour lasts 90 minutes. Reservations can be made by calling 238-3234. www.oaklandnet.com/wallkingtours 

“Local Futures” films on globalization and theories of development, at 7 p.m. at the Fellowship of Humanity, 390 27th St., Oakland. 393-5685. 

Bayswater Book Club Monthly dinner meeting at 6:30 p.m. at Liu’s Kitchen, 1593 Solano Ave. We will discuss “The Jesus Mysteries” and “Jesus and the Lost Goddess.” 433-2911. 

Fresh Produce Stand at San Pablo Park from 3 to 6 p.m. in the Frances Albrier Community Center. Sponsored by the Ecology Center’s Farm Fresh Choice. 848-1704. www.ecologycenter.org 

Fun with Acting Class every Wednesday at 11 a.m. at the North Berkeley Senior Center. Free, all are welcome, no experience necessary.  

Berkeley Peace Walk and Vigil at the Berkeley BART Station, corner of Shattuck and Center. Vigil at 6:30 p.m. followed by Peace Walk at 7 p.m. www.geocities.com/ 

vigil4peace/vigil 

THURSDAY, JULY 1 

Berkeley Lab’s Environmental Restoration Program at 5:30 p.m. at the Planning Dept., 2118 Milvia St. 1st floor conference room. Dr. Iraj Javandel will present an update on the Lab’s soil and groundwater cleanup activities being done with the oversight of the California Dept. of Toxic Substances Control. For more information see www.lbl.gov/community 

Brower Day Habitat Restoration Come join us to celebrate David Brower’s birthday and restore vital Bay habitat. Restoration activities will include transplanting native plant seedlings in the Native Plant Nursery, non-native plant removal, site monitoring, and shoreline clean-up. No experience necessary. Families are welcome. RSVP is required. Due to the sensitive nature of the site, space is limited. From noon to 4 p.m. at the Martin Luther King, Jr. Regional Shoreline, Oakland. 452-9261, ext. 109. dshea@savesfbay.org, www.saveSFbay.org/getinvolved/restorewetland 

“Unreliable Truth: On Memoir and Memory” with Maureen Musdock at 7 p.m. at Belladonna, 2436 Sacramento St. 883-0600. www.belladonna.ws 

Berkeley Farmer’s Market with all organic produce at Elephant Pharmacy parking lot, 1607 Shattuck Ave., at Cedar from 3 to 7 p.m. 548-3333. www.ecologycenter.org 

Tea Dancing and Dance Lessons with Barbara and Jerry August from 2 to 4 p.m. at the Hillside Club, 2286 Cedar St., Cost is $5, includes refreshments. 925-376-6345. 

FRIDAY, JULY 2 

West Coast Contact Improvisation Dance Festival, with five days of classes, discussions and jams at 8th St. Studios. Cost is $350 for a 5-day pass, or $75 per day. For information call 415-789-7677. www.wccif.com 

Berkeley Chess Club meets Fridays at 7:15 p.m. at the Berkeley City Club, 2315 Durant Ave. Players at all levels are welcome. 652-5324. 

Women in Black Vigil, from noon to 1 p.m. at UC Berkeley, Bancroft at Telegraph. wibberkeley@yahoo.com 548-6310, 845-1143. 

Meditation, Peace Vigil and Dialogue, gather at noon on the grass close to the West Entrance to UC Berkeley, on Oxford St. near University Ave. People of all traditions are welcome to join us. Sponsored by the Buddhist Peace Fellowship. 655-6169. www.bpf.org 

Overeaters Anonymous meets every Friday at 1:30 p.m. at the Northbrae Church at Solano and The Alameda. Parking is free and is handicapped accessible. For information call Katherine, 525-5231. 

SATURDAY, JULY 3 

Sick Plant Clinic The first Sat. of every month, UC plant apthologist Dr. Robert Raabe, UC entomologist Dr. Nick Mills, and their team of experts will diagnose what ails your plants. From 9 a.m. to noon at the UC Botanical Garden, 200 Centennial Dr. Free. 643-2755. 

It’s the Bees Knees (and Other Parts) Look at bumblebees and other native Hymenoptera - we'll catch and release! Learn their importance in our local, and urban, ecosystem. This is a drop in program; no registration is required. From 10 a.m. to noon in Tilden Nature Area, in Tilden Park. 525-2233. 

Putting Pollen in its Place Wind, water, bugs, birds and bats all play roles in setting seeds. See a slide show about their work and then visit some flowers yourself on our trails. This is a drop in program; no registration is required. From 2 to 4 p.m. in Tilden Nature Area, in Tilden Park. 525-2233. 

Bake Back the White House A neighborhood bake sale and parking lot cafe to promote a sustainable society and a politics of peace. All proceeds to Moveon PAC. From 9 a.m. to 1 p.m. at Berkeley Cohousing Community, 2220 Sacramento St. 

Walking Tour of Jack London Waterfront Meet at 10 a.m. at the corner of Broadway and Embarcadero. Tour lasts 90 minutes. Reservations can be made by calling 238-3234. www.oaklandnet.com/wallkingtours 

Circus Chimera a family-friendly circus performs on the grounds of Portola Middle School, on Moeser Lane El Cerrito. Tickets are $6 in advance, $10 at the gate; free for children under 2 years old. The schedule is July 3, 4:30 & 7:30 p.m.; July 4, 11 a.m., 2 and 6 p.m.; July 5, 12:30, 3:30 and 6:30 p.m. Advance ticket sales will benefit efforts to renovate the historic Cerrito Theater, an Art Deco-era movie house. Tickets are available from Jenny K, 6927 Stockton Avenue, El Cerrito. 734-3194; Leena’s Café, 10833 San Pablo Avenue, El Cerrito, 237-7409; Albertson's, 1000 El Cerrito Plaza (customer service desk).  

Yoga for Seniors at the Berkeley City Club, 2315 Durant St., on Saturdays from 10 to 11 a.m. The class is taught by Rosie Linsky, who at age 72, has practiced yoga for over 40 years. Open to non-members of the club for $8 per class. To register call 848-7800. 

Car Wash Benefit for Options Recovery Services of Berkeley, held every Sat. from 9 a.m. to 2 p.m. at the Lutheran Church, 1744 University Ave. 666-9552. 

SUNDAY, JULY 4 

Fourth of July at the Berkeley Marina from noon to 9:30 p.m. A free-admission, alcohol-free event, with two stages of music, arts & crafts, and activities for children. Fireworks at 9:30 p.m. Sponsored by the City of Berkeley. 548-5335. 

The Fourth in People’s Park with five metal/punk bands and four standup comics, from noon to 6 p.m. http://geocities.com/ 

july4thconcert 

“Military Families Speak Out” a special 10:30 a.m. service with the parents of Sgt. Evan Ashcroft killed in Iraq on July 23, 2003, at 10:30 a.m. in Fellowship Hall, 1924 Cedar St. at Bonita.  

“Palestine and Israel 2004” Karen and Craig Scott describe their visit to the Middle East at 9:30 a.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Road, Kensington. 525-0302.  

Free Sailboat Rides between 1 and 4 p.m. at the Cal Sailing Club in the Berkeley Marina. Bring warm waterproof clothes. www.cal-sailing.org 

Tibetan Buddhism, with Sylvia Gretchen on “Freeing Emotional Energy” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

MONDAY, JULY 5 

Interdependence Day Hike This is a drop in program; no registration is required. From 10 a.m. to noon at Tilden Nature Area, in Tilden Park. 525-2233. 

The Oakland/East Bay Chapter of the National Organization for Women meets at 6 p.m. the first Monday of each month at the Oakland YWCA, 1515 Webster St., Oakland. The executive director of Medical Students for Choice will be the speaker at our July meeting. 287-8948. 

Baby Yoga at 11 a.m. and Yoga and Meditation for Children at 2:45 p.m. at Belladonna, 2436 Sacramento St. 883-0600. www.belladonna.ws 

Fitness for 55+ A total body workout including aerobics, stretching and strengthening at 1:15 p.m. every Monday at the South Berkeley Senior Center. 981-5170. 

Berkeley CopWatch organizational meeting at 8 p.m. at 2022 Blake St. Join us to work on current issues around police misconduct. Volunteers needed. For information call 548-0425. 

ONGOING 

Vista College Study Abroad in Mexico Live with a family and learn language skill in a two-week session in July in Guadalajara. For information please call 981-2917 or visit www.peralta.cc.ca.us/interntl/studyabr.htm. 

Berkeley Video and Film Festival is calling for entries. The deadline for last call is July 10. For information please call 843-3699. www.berkeleyvideofilmfest.org 

Luna Kids Dance Summer Camp for ages 9 - 13, from July 12 - 16. For information call 644-3629. www.lunakidsdance.com 

Interesting Backyards Do you have a really cool backyard project or unusual sustainable living practice that you’d like to share with others in the East Bay? Consider becoming a stop on the 5th annual Urban Sustainability Bike Tour on Saturday, July 31. Past sites have included features such as graywater systems, chicken coops, bee hives, solar installations and permaculture gardens. For information call Beck at 548-2220, ext. 233. 

www.ecologycenter.org 

Summer Reading Games at the Albany Public Library, through August 14th. For information call 526-3700. 

Medical Care for Your Pet at the Berkeley East Bay Humane Society low-cost veterinary clinic. 2700 Ninth St. For appointments call 845-3633. www.berkeleyhumane.org  

Radio Summer Camp, four day sessions through Sept. 6. Learn how to build and operate a community radio station. Sponsored by Radio Free Berkeley. 625-0314. www.freeradio.org 

Introductory Storytelling Classes for Adults offered by Stagebridge from June 29 through August on Tuesdays, 10 a.m. to noon at Arts First Oakland, 2501 Harrison St., at 27th St. near Lake Merritt. For information call 444-4755. www.stagebridge.org. 

CITY MEETINGS 

Community Environmental Advisory Commission meets Thurs., July 1, at 7 p.m., at 2118 Milvia St. Nabil Al-Hadithy, 981-7461. www.ci.berkeley.ca.us/commissions/environmentaladvisory 

Housing Advisory Commission meets Thurs., July 1, at 7:30 p.m., at the South Berkeley Senior Center. Oscar Sung, 981-5400. www.ci.berkeley.ca. 

us/commissions/housing 

Public Works Commission meets Thurs., July 1, at 7 p.m., at the North Berkeley Senior Center. Jeff Egeberg, 981-6406. www.ci.berkeley.ca.us/commissions/publicworks


UC Professor Joins 47 Laureates For Kerry

By RICHARD BRENNEMAN
Friday June 25, 2004

“I’m 77 now, and I’ve never seen anything like this,” said UCB Professor Donald Glaser. “I’ve never gotten so involved with politics before. I’ve given money to candidates in the past, but this year we’ve stretched ourselves financially.” 

In addition to digging into his wallet to support John Kerry’s run for the White House, Glaser also reached for his pen—joining 47 other Nobel Prize “hard science” recipients as signatories of a passionate plea on behalf of the Democratic candidate. 

“I was happy to sign, because the present administration—to put it politely—is leading us in the wrong direction. They’ve done a lot of damage to us, both to us here at home and to our standing in the international community,” Glaser said. 

Awarded the Nobel Prize for Physics in 1960 for his invention of the bubble chamber, a critical tool in the exploration of subatomic particles, Glaser now serves as a Professor of Physics and of Neurobiology of the Graduate School, working in the department of Molecular & Cell Biology to create a computational model of the human visual system. 

“Both as a citizen and as a scientist, I am horrified at Bush’s attitude toward stem cell research,” he said. “This has become a main field of medical research, and the Koreans are now well ahead of us with several significant discoveries and the British are now building a new lab. 

“At the urging of Nancy Reagan, 58 senators, including members of his own party, signed a letter begging him to allow research to continue. But so far, nothing.” 

But Glaser’s reasons for opposing Bush go far beyond the realms of pure science. 

“I could give you 40 reasons,” he quipped. “We were led into the war with Iraq based on misleading and incorrect statements, either deliberate lies or the C.I.A. is as bad as they say—though I don’t so,” Glaser said, adding that he does believe the nation’s intelligence agencies are badly organized.  

“By attacking the wrong country, [the president] has made us less safe. We should have gone after al-Queda decisively, but instead, by fighting the wrong war, we are creating terrorists,” he said. 

Glaser also blasted Bush for his “absolutely irresponsible” fiscal policies, which have created a record national debt and a massive deficit. 

He also took off after Attorney General John Ashcroft, adding that “together, he and Bush created the PATRIOT Act, which has endangered our civil liberties.” 

The soft-spoken scientist also deplores what he calls the administration’s “special preference for special interests, mainly large corporations. The most egregious instance is Halliburton, but there are many others which are given special preference over the needs of the public.” 

Glaser has had personal experience with another of reasons for opposing Bush. “He has wrecked our reputation in the world. Almost everywhere I go outside the U.S., people ask me, ‘I don’t blame you, but what the hell has happened to your country?” 

Also prominent on Glaser’s worries is the adverse impact of Bush environmental policies. 

“First he tried to ease the safety limits on arsenic, but there was such a hue and cry he had to back off. Now he’s trying it with mercury, and who knows what the outcome will be?” said the physicist.  

“He’s also allowing roads to built into wilderness areas, the obvious precursor to massive logging operations.” 

Glaser also faults Bush for creating a climate of enormous hatred between Democrats and Republicans unlike anything he’s seen in his lifetime. 

“I’m also bothered by the way he often seems to lie and to say things that turn out to be lies,” Glaser said, “and all these things I observe as an ordinary guy. 

“It’s simply awful. In almost every sphere his policies have sent us in the wrong direction. And the use of torture is immensely damaging to our world standing.  

‘Worst of all, it all seems to be ideologically motivated. He didn’t consult with his own father before he decided to invade Iraq—the only living former President to have waged a war. 

“But one thing I know a lot about, and that’s the way he’s damaging science in our country. His scientific advisory committees are becoming subject to an ideological litmus test,” Glaser said. 

“The worst example I know of is Professor Elizabeth Blackburn, a highly respected professor of biochemistry and biophysics at UC San Francisco.” 

Without warning, on Feb. 27 the White House dismissed Blackburn and another scientist from the President’s Committee on Bioethics, to which Bush had appointed her two years earlier. 

Blackburn, a proponent of abortion, was replaced by an anti-abortion conservative. 

“Considering the circumstances,” Glaser said, “it’s hard not to get involved.” 

Glaser is also saddened that the press has devoted only minimal attention to the Nobel laureates’ letter. “So much seems to get buried these days,” he said. 

Asked if he thought the administration might pay attention to the letter, the Berkeley scientist recalls another petition he signed back in the Reagan years. “He went on the tube and said, ‘What I don’t need is advice from a bunch of Nobel laureates.’” 

Another Berkeley Nobel reicipient also signed the letter, physicist Charles Townes, who won the award in 1964 for pioneering research that led to the development of the laser. 

Professor of Economics George Akerlof, a third Berkeley Nobelist, has also raised his voice against the administration. Because the petition was restricted to the hard sciences of physics, chemistry and medicine, Akerlof, a practitioner of the dismal science, wasn’t included in the letter.›


Black Math PhD’s Hold UC Meet To Swell Ranks

By JAKOB SCHILLER
Friday June 25, 2004

Kimberly Sellers says that one of her most vivid memories from childhood is of helping her father, every year, track the number of African Americans graduating with doctorates from American universities. She remembers it so well, she says, because the nu mbers were always dismally low, usually in the single digits. 

Ever since, Sellers has wanted to help change those numbers and just recently, she did. In 2001, Sellers graduated from George Washington University in Washington D.C., with her Ph.D. in Statistics. 

Today, she is a visiting professor of Statistics at Carnegie Mellon University, and this week she was in Berkeley for part of the tenth annual African American Researchers Conference sponsored by the Mathematical Sciences Research Institute (MSRI) and Lawrence Berkeley Labs. Along with almost 80 other African American math professors and Ph.D. students, Sellers spent the week attending and giving lectures as part of the conference originally developed to sustain and increase the number of African Americans working at the highest levels of mathematics. 

As the only African American in her undergraduate department, the only African American in her Masters program, the only African American in her Ph.D. program, and now the only African American facu lty member in the Statistics Department, Sellers said it’s been readily apparent that she’s “very much a minority” in the field of mathematics. That’s where conferences like the one held at MSRI fit in, she said.  

MSRI is housed at UC Berkeley, but is no t officially part of the campus. 

Sellers attended the first conference, held ten years ago in Berkeley. Subsequent conferences were held around the country before returning to Berkeley. She came a decade ago as what she described as a “little graduate st udent,” an experience she said helped give her the boost and support she needed to continue. According to conference organizers, there are 50 other success stories like Sellers where graduate students have attended the conference and gone on to complete their doctorates in mathematics and subsequently secured important research and teaching jobs. 

Besides teaching, Sellers is working on a project that uses statistics to map changes in proteins attacked by diseases like cancer. 

According to Bob Megginson, the deputy director of MSRI, conference organizers started the conference because, like Sellers, they noticed that low numbers of African Americans with doctorates in mathematics was a pervasive problem. Conference organizers said African Americans recei ve about two percent of the doctorates earned in mathematics every year. African Americans make up more than 10 percent of the American population. 

Since the conference started, organizers have seen the numbers increase for African Americans graduating w ith doctorates in mathematics. And while they don’t take all the credit, they do take some, said Megginson. 

“What’s great about this is you take a look at the first group photo of graduate students who are now back as solid professionals who are giving p rofessional talks,” said Megginson. 

On top of generally being discouraged because of low numbers already in the field, socio-economic problems are also pervasive, said organizers. Students who come from low-income areas find that they are behind by the t ime they get to college and are immediately discouraged. Other times, students just don’t have the time or the money to pursue math.  

“They have to look around for a major that they can handle in the time they have money for,” said Megginson.  

Mathemati cs, which often takes more than four years, and at least on the surface doesn’t seem like a major that will produce an immediate job, is not one of the majors these students choose, he said. 

For African Americans, said Bill Massey, the main organizer for the conference and a mathematics professor at Princeton University, math is like the reality show on MTV where a group of kids tried to audition with P. Diddy for a new band. 

“Every kid was black, except for one white kid,” said Massey. “Someone asked h im, ‘What’s it like to be a white rapper?’ He said, ‘It’s like heaven and hell. Because I’m white, I’m the first one everyone notices. It’s bad because I’m white and I’m the last one everyone respects.’ It’s similar but reversed in math.” 

But even with a ll the limitations, say organizers, there are plenty of success stories, even for those that came before the conference. Organizers say that J. Earnest Wilkins, Jr., a conference participant for the past ten years, is by far one of the most important cont ributors to the field of mathematics, even at the age of 80. Wilkins earned the title “the Negro Genius” because he entered the University of Chicago at 13. By 19, he had his Ph.D. He said he regrets not getting it by 18, but explained that he temporarily had a love interest that delayed things till just after his 19th birthday. At the time, he was the first African American to get his Ph.D. in math, and only the eighth African American to get a Ph.D., period. 

Wilkins said he comes to the conference because he feels he has “an obligation to the younger folks to show them they can succeed.”  

Other presentations this year also included a project by Juan E. Gilbert, a newly-appointed professor at Auburn University, which uses a special algorithm to aid in admission departments’ comprehensive review programs. The project, which grew out of the Supreme Court cases concerning diversity at the University of Michigan, groups students into clusters based on their application information. Diversity is then achiev ed by a selection from the various clusters. 

“It doesn’t tell them who gets in, it just helps them make better judgment calls,” said Gilbert.  


Council Squeezes Unions, Passes Budget

By MATTHEW ARTZ
Friday June 25, 2004

The City Council Tuesday easily adopted a budget that erases Berkeley’s $10.3 million general fund deficit without laying off a single employee.  

But in spreading the pain around, the city had to strong-arm concessions out of two unions, both of which have threatened to take the city to arbitration. 

Also Tuesday, the council signaled its intent to seek voter approval for four tax hikes in November, rejected a last ditch effort to save a 19th century West Berkeley cottage, and took a stand against noisy motorized scooters. 

The council has debated the budget for weeks, trying to figure out a formula to plug the shortfall caused by shrinking tax revenues, decreasing state aid, and spiraling employee retirement benefits. 

With nearly every budgetary issue agreed upon weeks ago, the council was waiting to see if its six unions would concede to a roughly three percent deferral of salary increases this year to save the city $2.8 million, of which $1.4 million would go to the general fund.  

Three unions negotiated agreements with the city. The Service Employee International Union (SEIU) Locals 790 and 535 agreed to reduce salaries by 2.54 percent for 10.5 months and the Berkeley Police Association agreed to a three percent salary reduction for six months and an additional $646 cut per employee. 

The city had different remedies for the three holdout unions. For the Public Employees Union, Local One, and the International Brotherhood of Electrical Engineers, Local 1245, the city invoked a clause in their contracts forcing them to accept the same concessions agreed to by SEIU employees.  

For the Berkeley Fire Fighters Association, Local 1227, whose contract didn’t include the clause allowing the city to unilaterally impose givebacks, the council voted to cut $300,000 from the fire department’s budget—the amount the city would have received in salary savings. Fire services targeted for cuts won’t be decided until October, City Manager Phil Kamlarz said. 

Eight councilmembers hailed the deal and praised the unions who chose to cooperate. 

“It feels good to me and right that we’re weathering the storm together as a group,” Councilmember Linda Maio said before the 8-1 vote in favor of adopting the budget. 

However, Councilmember Kriss Worthington, the lone opponent of the budget plan, called the proposal a “slap in the face to Local One,” and chastised the council for not considering the unions’ proposals to save money, including their suggestion of taking voluntary unpaid time off. 

“It’s a sad day in Berkeley that this is being treated in the media as politicians standing up to unions when in actuality the employees have made the most suggestions to save money,” he said. 

In return for extracting concessions from the three unions, the city has promised not to lay off their members this year or invoke the fiscal emergency clause for the remainder of their contracts. The police contract expires in 2007, while deals for the other unions expire in 2008. 

To erase the $10.3 million debt, the city’s plan calls for using $1.3 million in reserve funds, $300,000 in new revenues, and $1.7 million in cost restructuring, as well as slashing $6.7 million in program reductions, including a $300,000 cut to community nonprofits. 

The budget does eliminate six vacant police officer positions, but nearly all of the most controversial cuts, including school crossing guards and a fire engine company, were spared in earlier negotiations. 

Next year the city will face an estimated $5 million deficit. However, a deal brokered between Gov. Arnold Schwarzenegger and the League of California Cities promises to restore several million in state dollars to Berkeley in fiscal year 2007. 

 

Ballot Measures 

Berkeley voters will be asked this November to approve $8 million in new taxes to compensate for deficits in city funds and to add new programs.  

In a non-binding voice vote to give direction to city staff, the council approved a $1.2 million property tax increase for the city’s paramedic fund, costing the average homeowner $30, and a $1.9 million property tax increase for the library fund, costing the average homeowner $41. 

The council also approved an increase in the property transfer tax to raise $2.2 million for youth services cut from the general fund and a 1.5 percent increase in the Utility Users Tax to fund $2.7 million worth of programs also slated for general fund cuts. 

 

Fifth Street Cottage 

By a 6-3 vote (Maio, Worthington, Spring, voting no) the council gave the green light to tear down a 126-year-old, two-bedroom cottage at 2211 Fifth Street in favor of a six unit, three story development. Preservationists had appealed a 5-4 decision of the Landmarks Preservation Commission not to declare the building a Structure of Merit.  

Had the council approved the appeal, the owners of the home might have been required to produce an environmental impact report studying regarding whether it would be legal to destroy a historic resource. 

 

Motor Scooters 

The council voted unanimously on consent to ask the city attorney for a list of options to consider regulating or banning motorized scooters. 

The machines don’t travel faster than 16 mph, but because their young owners often tinker with the engines to amplify noise, they break the sound barrier for neighbors. Councilmember Dona Spring, who requested the referral, said she decided to seek relief because the gas-powered machines are polluters and dangerous for the youth who ride them. 

Earlier this year, 15-year-old Berkeley resident Miguel Caicedo was killed when he drove a friend’s motorized go-cart into oncoming traffic in West Berkeley and was struck by a truck. 

In 2000, the U.S. Consumer Protection Commission reported that there were an estimated 4,390 hospital emergency room treated injuries associated with motorized scooters.  

Spring also has a personal gripe against the machines. “I get awakened on a regular basis because someone goes down Channing Street [on a scooter] at 1 a.m.,” she said. “Think of the hundreds of people awakened by it as it blasts its way down the street.” 

Neighbors in both South and West Berkeley have signed petitions calling for the city to ban scooters. 

The backlash against the machines has even reached Sacramento. The State Assembly recently passed a bill (61-16) authored by Wilma Chan (D-Oakland) to slap new regulations on scooters. 

The bill would require scooter riders to have at least a learner’s permit and prohibit the scooters from being driven at night or modified to amplify noise. 

Rachel Richman, an aide to Assemblymember Chan, said the bill would also allow cities to regulate scooters, a right currently reserved for the state. However, Richman did not think Chan’s proposed law would allow the cities to ban scooters from city streets altogether. 

Spring had originally called for an outright ban on scooters, but changed her recommendation after conferring with Richman. 

 

 

 

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Businesses Say Ashby Changes Hurt Safety, Sales

By ZELDA BRONSTEINSpecial to the Planet
Friday June 25, 2004

Three West Berkeley businesses say that recent changes in the signage, traffic signals and road striping at three Berkeley intersections—Ashby and 7th, Ashby and 9th and 7th and Murray—have created hazards for drivers and pedestrians and at the same time made it extremely difficult to get to their stores without breaking the law. 

The three businesses—Urban Ore, MacBeath Hardwood and Artisan Burlwood—are all located just southeast of Ashby and 7th Street [see map]. 

Until about a month ago, the businesse s could be reached by turning left off 7th Street onto Murray Street, a passage facilitated by the KEEP CLEAR sign that was painted on 7th just west of Murray. In late May, however, the KEEP CLEAR sign was replaced by double yellow lines that made it ille gal to turn left off 7th into Murray. At the same time, at the intersection of Ashby and 9th, a sign was hung over westbound Ashby forbidding left-hand turns onto Ninth.  

These changes were part of a larger, $1.3 million project that involved restriping Ashby, widening 7th at Ashby and Potter, and installing pedestrian-oriented signals at Ashby and Potter, Ashby and 7th, and Ashby and 9th. The purpose, say staff from both the City of Berkeley’s Transportation Office and Public Works Department, was to ease traffic flow onto and off of the freeway and Ashby and to make the area generally safer. The Transportation Office and Public Works Department are jointly responsible for the project. 

By “encourag[ing] left-turn movement in and out of Murray at 7th,” says Supervising Traffic Engineer Hamid Mostowfi of the Transportation Office, the old KEEP CLEAR sign “was either causing collisions or potentially hazardous, especially as it would impact Ashby….The current design is one which should operate safely.”  

Not so, says Urban Ore Operations Manager Mary Lou Van Deventer.  

“Murray St. is now far more congested and dangerous than before,” wrote Van Deventer in a May 25 letter to Peter Hillier, Director of the City’s Office of Transportation. “During deliver ies to MacBeath Hardwood, for example, large industrial trucks, forklifts, and public traffic mix in a narrow street, blocking access while creating new safety problems….We have never seen an accident at 7th and Ashby resulting from the previous access co nfiguration.” 

Safety issues aside, Van Deventer and her neighbors say that the new design is interfering with business.  

“People looking for us can see us,” wrote Van Deventer—and indeed, it’s hard to miss Urban Ore’s big sign on its very big building—“but can’t get in.”  

Van Deventer’s concerns are echoed by Jim Parodi, whose Artisan Burlwood has occupied its Ashby location for 28 years. “We lure customers in by showing our wares”, he observes. “Now that same guy (who would have pulled over in the past) is going to find it very difficult to stop.”  

That, says MacBeath Hardwood manager Rick McDaniel, is partly because when Ashby was restriped, “they moved the center line toward our side of the sidewalk about three feet.” Parking on Ashby in fron t of MacBeath is still legal but in McDaniel’s view now unsafe. True to his trade, McDaniel measured the precise distance from the new center line to the curb. “It’s 15 feet, 8 inches,” he reports. “If you put two cars side by side, they would barely fit.” 

Since the changes, Urban Ore and Artisan Burlwood have both seen traffic and revenue fall. The first Saturday after removal of the KEEP CLEAR sign and the new striping on 7th, “we took in $4200,” says Van Deventer, “when $6500 is what we would expect.” Parodi’s sales have declined 65%. During the Memorial Day holiday, ordinarily a big weekend for him, “we were just dead….we didn’t do any business because people can’t stop.”  

At MacBeath, business hasn’t dropped, but McDaniel says that his customers a re talking about “how they got here and what laws they broke to do it. The majority are actually just breaking the law to get here. When somebody gets a ticket, it’ll have an adverse effect.” 

Van Deventer, McDaniel and Parodi say they were not notified a bout the problematic changes, much less consulted in the planning stages. In her letter to Hillier, Van Deventer asked that the City immediately install a left-hand run lane for westbound drivers on Ashby at 9th, reinstall the KEEP CLEAR text on the 7th S t. roadway where Murray enters, and provide a break in the double double yellow lines on 7th so drivers can turn left from southbound 7th through the KEEP CLEAR zone onto Murray. 

On June 24, a month after Van Deventer hand-delivered her letter to Hillier’s office, she, McDaniel, Parodi, and MacBeath assistant manager Alan Ross met at Ashby and 9th with Mostowfi and three CalTrans staff. Also present were four representatives of the West Berkeley Association of Industrial Companies (WeBAIC). The CalTrans staff and Mostowfi said that CalTrans has verbally approved the installation of a left-hand turn lane and signal at westbound Ashby at 9th. It should take about two more weeks for the modifications to work their way through the CalTrans bureaucracy; then the City’s Public Works Department will set up a contract to implement the changes. After a final safety inspection, the new signal and signs will be activated.  

“I’m trying to get this result as quickly as possible,” Mostowfi said. 

The group then walk ed over to Ashby and 7th/Murray. WeBAIC Board member John Curl asked if restoring the KEEP CLEAR sign and removing the double double yellow lines as requested was a possibility. Mostowfi was not encouraging. “This intersection has one of the highest acci dent rates in the city,” he said, “60 accidents in five years.” When pressed, however, Mostowfi allowed that the data doesn’t indicate whether those accidents happened at 7th and Ashby or at 7th and Murray. He observed that the restoration “wouldn’t be cheap.”  

“What about the lost business taxes?” wondered McDaniel.  

“That needs to be taken into consideration,” said Mostowfi. 

It was agreed that he and WeBAIC consultant Christopher Krohn would stay in contact while Mostowfi evaluates the situation. 

Even while the group surveyed the scene, several vehicles drove across the double double yellow lines. One driver turned left off westbound Ashby into the northbound lane of 7th and then into the westbound lane of Murray in order to reach Urban Ore’s front entrance. 

“KEEP CLEAR would be the best way to go, and provide a break in the double double yellow,” said CalTrans staffer Steve Simmons, perhaps unaware that that was what had existed before.?r


Walters Selected As Interim Vista Head

By MATTHEW ARTZ
Friday June 25, 2004

The Peralta Community College District Board of Trustees, still reeling from allegations made by outgoing Vista College President John Garmon that he was ousted by a black racial conspiracy, named a district veteran to replace Garmon on an interim basis. 

Judy Walters, the district’s Senior Vice Chancellor of Education Services since 1999 and a finalist for the Vista President job in 2001, will take the reigns of the Berkeley school for the next two years as Vista prepares to move into its new downtown Berkeley campus.  

Vista has secured public bond money to build the $67 million building on Center Street between Shattuck Avenue and Milvia Street, but staff had expressed concerns that, under Garmon, the school was falling behind on its fundraising drive to raise $2.1 million to properly outfit and staff the complex. 

Garmon argues he had gotten the fundraising effort off to a strong start and that the board’s decision last month not to renew his contract was retribution by the board’s black majority for his proposal to reassign two African American administrators. Although he can’t prove his charges, Garmon said he plans to file a lawsuit against the district. 

Walters, who like Garmon is white, won the board’s unanimous support based, in part, on her involvement in the plans for a new building both during her ten-year stint at California Community Colleges and at Peralta. 

“She knows the building and the city’s role in the building,” said Peralta Trustee Susan Duncan. “We need to have continuity right now. This isn’t the time to have someone brought up to date.” 

Walters, who has worked at state community colleges for over 25 years, beat out Vista Vice President for Instruction Jackie Shadko for the job. Walters said if asked she would “probably” be interested in the permanent position. 

The role of a college president involves heavy community outreach, and Walters said she planned to continue the Friends of Vista fundraising campaign, co-chaired by Berkeley Mayor Tom Bates. 

“I’m going to work hard to build relationships,” she said. “It’s absolutely critical to have communication with everybody in the city and the district.” 

Inside Vista, Walters acknowledged she will have to heal wounds over Garmon’s controversial firing. 

Faculty members interviewed, many of whom questioned Garmon’s competence as a leader, were quick to voice their support for Walters. They said she has a reputation as a staunch supporter of Vista, which they believe has historically been shortchanged in favor of the district’s three other campuses, Laney College, Merritt College and the College of Alameda. 

“The perception is that she’s fair, she’s efficient, she’s sympathetic to the school and she doesn’t play political games,” said Professor Chuck Wollenberg. 

Joan Berezin, co-chair of the Faculty Senate called Walters “a true leader, who will be a good advocate for the college.” 

However, the school’s classified employees were generally supportive of Garmon, who was said to be more affable with employees than his predecessor Barbara Beno, a reputed taskmaster. 

Beno and Walters are close friends, but Walters said she had her own management style. “I think I’m considered a warm and friendly person,” she said. “I’m very task and goal oriented. Titles are not particularly impressive to me.” 

Garmon praised Walters as a “competent woman,” but wondered how she could get the job three years after being “roundly rejected by the faculty and staff of Vista.” Noting that (like Peralta Chancellor Elihu Harris) Walters doesn’t have a doctorate, he labeled her appointment, “part of the continuing dumbing down of the Peralta District.” 

Peralta, which is in the process of trying to devolve power from the district office to the college campuses, is not expected to replace Walters.›


9/11 Commission Overlooks FBI-Quaeda Coverup

By PETER DALE SCOTT Pacific News Service
Friday June 25, 2004

It is clear that important new evidence about al Qaeda has been gathered and released by the 9/11 Commission. But it is also clear that the commission did nothing when a Justice Department official, in commission testimony last week, brazenly covered up the embarrassing relationship of the FBI to a senior al Qaeda operative, Ali Mohamed. By telling the Royal Canadian Mounted Police (RCMP) to release Mohamed in 1993, the FBI may have contributed to the bombing of the U.S. Embassy in Kenya five years later. 

The official testifying was Patrick J. Fitzgerald, U.S. Attorney for Northern Illinois, who prosecuted two terrorism cases involving Mohamed. As Fitzgerald told the commission, Ali Mohamed was an important al Qaeda agent who "trained most of al Qaeda's top leadership," including "persons who would later carry out the 1993 World Trade Center bombing." 

As for Ali Mohamed's long-known relationship to the FBI, Fitzgerald said only that, "From 1994 until his arrest in 1998, he lived as an American citizen in California, applying for jobs as an FBI translator and working as a security guard for a defense contractor." 

Whatever the exact relationship of Mohamed to the FBI, it is clear from the public record that it was much more intimate than simply sending in job applications. Three years ago, Larry C. Johnson, a former State Department and CIA official, faulted the FBI publicly for using Mohamed as an informant, when it should have recognized that the man was a high-ranking terrorist plotting against the United States. In Johnson's words, ""It's possible that the FBI thought they had control of him and were trying to use him, but what's clear is that they did not have control." (San Francisco Chronicle, 11/04/01) 

Ali Mohamed faced trial in New York in 2000 for his role in the 1998 Nairobi Embassy bombing. He pleaded guilty to a reduced charge of conspiracy and avoided a jury trial. While pleading guilty, Mohamed admitted he had trained some of the persons in New York who had been responsible for the 1993 World Trade Center bombing. 

In Mohamed's plea-bargain testimony, as summarized on a U.S. State Department Web site, he revealed that in late 1994 the FBI ordered him to fly from Kenya to New York, and he obeyed. "I received a call from an FBI agent who wanted to speak to me about the upcoming trial of United States v. Abdel Rahman (in connection with the 1993 WTC bombing). I flew back to the United States, spoke to the FBI, but didn't disclose everything that I knew." 

One year earlier, according to the Toronto Globe and Mail, Ali Mohamed had been picked up by the RCMP in Canada in the company of an al Qaeda terrorist. Mohamed immediately told the RCMP to make a phone call to his FBI handler. The call quickly secured his release. 

The Globe and Mail later concluded that Mohamed "was working with U.S. counter-terrorist agents, playing a double or triple game, when he was questioned in 1993." His companion, Essam Marzouk, is now serving 15 years of hard labor in Egypt after having been arrested in Azerbaijan, according to Canada's National Post newspaper. As of November 2001, Mohamed had still not been sentenced, and was still believed to be supplying information from his prison cell. 

The RCMP's release of Mohamed may have affected history. The encounter apparently took place before Mohamed flew to Nairobi, photographed the U.S. Embassy, and took the photo or photos to bin Laden. (According to Mohamed's confession, "Bin Laden looked at the picture of the American Embassy and pointed to where a truck could go as a suicide bomber.") 

The 9/11 Commission should have had a serious discussion of the U.S. intelligence agencies' relationship to Mohamed. It has been widely reported, and never denied, that after he first came to the United States from Egypt he worked first for the CIA and then the U.S. Army Special Forces. 

Mohamed trained the WTC bombers at an Islamist center in Brooklyn, N.Y, where earlier he had been recruiting and training Arabs for the U.S.-supported Afghan War. A British newspaper, the London Independent, has charged that he was on the U.S. payroll at the time he was training the Arab Afghans, and that the CIA, reviewing the case five years after the 1993 WTC bombing, concluded in an internal document that it was "partly culpable" for the World Trade Center bomb. 

The commission may have failed to explore these matters for the same reason it suppressed testimony from a former FBI translator, Sibel Edmonds. She said a foreign organization had penetrated the FBI's translator program. Attorney General John Ashcroft has since ordered Edmonds not to speak further about the matter, asserting "state secrets" privilege. 

 

 

Peter Dale Scott (pdscott@socrates.berkeley.edu) is a former Canadian diplomat and professor of English at U.C. Berkeley. Ali Mohamed is treated in Scott's forthcoming book, an examination of off-the-books U.S. forces from 1950 to Iraq. His Web site is http://www.peterdalescott.net.


Governor’s New Prison Chief Faces Trouble At Hearings

By JULIA REYNOLDS Pacific News Service
Friday June 25, 2004

SAN FRANCISCO--She's been called "The Good Jailer" by the New York Times and hailed as a reformer.  

Jeanne Woodford, the former San Quentin warden, was appointed by Gov. Arnold Schwarzenegger in February to run the California Department of Corrections (CDC) the nation's largest -- and possibly most troubled -- prison system. 

"I look forward to working with [the governor] to re-establish public confidence in California's prison system through real reform," she is quoted as saying on a Schwarzenegger Web site. 

During 25 years at San Quentin State Prison, Woodford emphasized rehabilitating prisoners, not just warehousing them.  

But all is not perfect in Woodford's old fiefdom. 

Behind the iron gate of picturesque San Quentin, which from outside has the appearance of a Camelot-by-the-Sea, quiet testimony has been taking place since April, in hearings stemming from a 2002 lawsuit alleging whistleblower retaliation against inmate case analyst Kathy DeoCampo. Testimony from San Quentin staff members is providing a look inside an administration plagued by problems.  

While Woodford was warden in 2002, there was a tremendous backlog of incoming inmates. Staff counselors and analysts have testified that some processing steps required by the department manual were bypassed in order to speed inmate transfers into the "mainline" of the prison -- with potentially dangerous results. 

According to staff testimony, high-security prisoners were accidentally mixed with lower security inmates in San Quentin's reception center, putting the safety of prisoners and staff at risk. Inmates were also processed into San Quentin's lower-security H unit without seeing a counselor or receiving a security level classification. 

Medical and psychological records were often missing from files, delaying inmates' classification and transfer to appropriate facilities. 

Early in the hearings, a prison official testified that the problem of unclassified inmates turning up in San Quentin's "mainline" had been quickly identified and resolved in 2002. 

But others say it's still going on.  

As if to prove the point, on June 10 a counselor testified that during the previous day's hearing she learned that one of her as-yet-unprocessed inmates was found in San Quentin's H unit. 

At best, the DeoCampo hearing testimony points to a system in disarray. At worst, it may be exposing serious mismanagement and violation of regulations. 

The contradictory testimony certainly invites deeper investigation from outside the prison walls. 

If allegations by staff prove true, "this is very serious," says Richard Steffen, an aide and investigator for Sen. Jackie Speier. He has spent the year digging into problems of the state's prison system for the Senate's government oversight committee.  

Woodford has been subpoenaed to testify in the San Quentin hearings, but according to the state's attorney in the case, she couldn't appear in June due to a heavy schedule before her June 23 state senate confirmation. She has declined repeated requests for interviews on this subject. 

 

PNS contributor Julia Reynolds is a California-based investigative reporter specializing in criminal justice. 


Sex, Drugs And Bark Set For Berkeley Ballot

By MATTHEW ARTZ
Friday June 25, 2004

Berkeley voters will likely face landmark ballot initiatives that would make the city the friendliest place in California for medical cannabis users, sex workers and some trees. 

City Clerk Sherry Kelly verified that supporters of the Angel Initiative, t he Patient Access to Medical Cannabis Act and the Berkeley Tree Act of 2004 had gathered more than the 2,077 valid signatures to place their measures on the November ballot. 

The Angel Initiative, sponsored by the Sex Workers Outreach Project (SWOP), woul d make enforcing prostitution laws in the city a low police priority and put the city on record asking the state to decriminalize prostitution. 

SWOP founder Robyn Few said Berkeley will be the first city in the state to vote on decriminalizing prostitution. 

Last month the City Council rejected a compromise that would have put the council on record supporting decriminalization, but would not have made enforcement of prostitution laws a low priority. 

The Medical Cannabis Act would give Berkeley the most liberal marijuana plant laws in the state, if voters approve the measure. Licensed patients would be allowed to grow as many plants as they deemed necessary, instead of the city’s current ten plant limit. Also, if the federal government cracked down on th e practice, the city would be required to distribute the cannabis. 

The measure would also codify a peer review group to oversee the city’s four pot clubs and would amend the zoning ordinance to require that permits be granted for qualified applicants. The Cannabis Buyers Cooperative recently gave up a fight to move their operation from Shattuck Avenue to Sacramento Street amid fierce neighborhood objections. 

Like the Sex Worker advocates, cannabis liberalization supporters had offered to withdraw their initiative in return for a compromise deal that would have set the plant limit at 72 plants. However, the City Council rejected that proposal in April. 

Somewhat less controversial is the Berkeley Tree Act, which would create a new board to encourage the planting of healthy trees and regulate changes to trees on public land. Anyone who wanted to work on a public tree would have to get a license from the tree board, said the measure’s author, Elliot Cohen. In addition, any development that might affect a p ublic tree would require a “tree impact report.” 

The council is scheduled to consider the measures July 13 and is expected to mount a campaign opposing the sex worker and cannabis measures in November. All measures require a simple majority to pass. ›


Landmark Move May Not Fit

By RICHARD BRENNEMAN
Friday June 25, 2004

Berkeley real estate agent and developer John Gordon is floating before the Zoning Adjustments Board the notion of relocating two landmarked buildings onto a lot he owns. Whether the two buildings will actually fit on the small lot remains an open question. 

Gordon proposed moving both the Ellen Blood House, an 1891 Queen Anne Victorian now at 2526 Durant Ave., and the 1876 John Woolley House, now at 2509 Haste Street, to his lot at the southwest corner of Regent Street and Dwight Way. 

To assist him with the project, Gordon retained Burton Edwards, an architect who until recently served on the city’s Landmarks Preservation Commission. 

When a Daily Planet reporter measured the houses and Gordon’s lot, a question surfaced: Would both structures fit on a lot that seemed to be comfortably suited only for one structure? 

“We haven’t figured it out yet,” Edwards said Wednesday. “We’re just beginning to look into it. Theoretically, it might be a good idea, but what I’m doing right now amounts to a feasibility study. 

“I can’t say yet what actually fits. I don’t have any preconceived idea, but it’s worth looking at.” 

One question Edwards is considering is what part of each structure is original and what was added later. Old photos show the Blood House was extended along part of the front, though not as far as the porch—which may or may not be original. 

Moving the Blood House is an alternative to what developers Ruegg & Ellsworth originally sought, which was permission to demolish the 113-year-old dwelling to make room for a five-story, 44-unit apartment building. 

UC Berkeley owns the Woolley House, which has already been moved once. The university apparently decided to do nothing to preserve the historic structure, which hasn’t been painted in years and has rotted eaves. 

“There’s nothing that can’t be restored” at the Woolley House, Edwards said. “There’s nothing unexpected.” 

One big question remains: What fate awaits the historic structures if only one can fit on the lot?  


Blacks Still More At Risk For Cancer

By HAZEL TRICE EDNEY Pacific News Service
Friday June 25, 2004

WASHINGTON (NNPA) – The overall cancer death rate has decreased slightly over the past decade, but African-Americans continue to suffer higher rates of death from every major form of cancer than their white counterparts, according to a joint report issued this week by four leading health agencies. 

“Death rates from all cancers have been decreasing since the early 1990s,” the report states. It declined by 1.1 percent. “But, by 2001, death rates for white populations were substantially lower than those for black populations, an indication that black men and women may not have experienced the same benefits from screening and/or treatment as white men and women.” 

“Black men were at higher risk of dying of 12 cancers compared to white men, with the increased risk ranging from 9 percent for lung cancer to a high of 67 percent for oral cavity cancers, such as the lips and mouth,” states the report.  

Black women experienced higher risks of death from 12 cancers with the increase ranging from 7 percent for lung cancer to 82 percent for uterine cancer and melanoma, an aggressive skin cancer. 

The study was scheduled to be released Thursday by the American Cancer Society, the Centers for Disease Control and Prevention, the National Cancer Institute, and the North American Association of Central Cancer Registries. Findings (per 100,000) show:  

• For lung and bronchus cancer, the rate for blacks is 79.8 of which 65.2 die; the rate for whites is 62.4 of which 56.2 die. 

• For colon and rectum cancer, the rate for blacks is 63 of which 28.3 die; the rate for whites is 53.3 of which 20.3 died. 

• For breast cancer, the rate for black women is 119.9 of which 35.4 die; the rate for white women is 141.7 of which 26.4 die. 

• For prostate cancer, the rate for black men is 271.3 of which 70.4 die; the rate for white men is 167.4 of which 28.8 die. 

The report provides updated information on cancer rates and trends in the U. S. by comparing five-year survival rates of cancer patients diagnosed during two time periods, 1975-1979 and 1995-2000.  

Not only access to screening and treatment, but quality of care, screening and treatment could be key reasons for the higher death rates among blacks, says Brenda Edwards, a bio-statistician for the National Cancer Institute and one of the researchers for the study. 

“We actually tried to characterize what kind of work is ongoing that we think is targeted to helping us understand these differences and also try to mitigate or reduce the disparities that are there,” says Edwards.  

“Clearly, by putting this report out, by having the information out there by these different groups and having organizations such as [the NNPA News Service] pick up on it and make this information available, that increases awareness, helps people seek information about what they can do to lower their risk or to get the questions answered about seeking health care.” 

Edwards says the organizations started releasing information jointly six years ago in order to avoid conflicting reports. 

Dr. Alfred R. Ashford, an oncologist and director of medicine at Harlem Hospital Center in New York, knows first hand many of the reasons for the health disparities. 

“Sadly, it’s come out over the last number of years that the treatment of cancer for many people, including and especially of Blacks and poor people, is not as good as is available in the country,” explains Ashford.  

“There are gaps. There are breaches in the type, the quality of care and access to this care that further detract from the outcomes that we’re looking for here. Too often there are breaks and breaches in the delivery of complex care. There is a lack of coordination and lack of communication. Patients suffer even more fear than ever before. And it turns out to be rather disastrous all too often.” 

Ashford says people could do more to help themselves. 

“In terms of things that could decrease risk, smoking is one of the things at the very top,” he says. “The problem is still too great among African-Americans; especially in some communities, such as the one that I practice in, where the smoking rate is almost twice what it is elsewhere either in African-American or in white communities.” 

In Harlem, Ashford says, 45 percent of all adults smoke, compared to 23.6 percent of adult black people around the country. About 23.8 percent of all whites smoke. 

Experts outlined the following ways to fight cancer: 

• Getting regular checkups and knowing the early warning signs; 

• Quitting smoking; 

• Losing weight because obesity and lack of exercise are risk-factors for cancers as well as other diseases such as diabetes and heart disease;  

• Establishing a good relationship with a primary care physician or a regular doctor who would be a constant source of information on personal health and cancer risks; and 

• Getting cancer education materials to all segments of the community and holding public forums to answer questions and dispel fears. 

The key is also dispelling the myths about cancer, Ashford says. He recalled that at one time in the black community, black people didn’t think cancer was a disease that was pervasive among African-Americans.  

“And if they got it, they didn’t want to know about it because it was a death sentence,'' he says.›


Berkeley Native Murray Shows Jazz Isn’t Dead

By IRA STEINGROOT Special to the Planet
Friday June 25, 2004

When I first heard the Gwo-Ka Masters debut album, Yonn-dé, I was, in a manner of speaking, blindfolded, even hoodwinked. A friend played it without showing me the cover and I said, with a bittersweet feeling, “Now we have to go to the West Indies to hear great jazz saxophonists.” I’m always lamenting the death of jazz. In this case I was wrong. The remarkable tenor saxophonist and bass clarinetist embedded within the olla podrida of jazz players and Guadeloupean musicians was Berkeley’s own David Murray, among the greatest of all living jazz musicians. 

Born here in Berkeley in 1955, Murray studied ragtime and stride piano before picking up the alto saxophone at the age of nine. Almost immediately, he began accompanying his gospel pianist mother in church. After graduating from Berkeley High School and a number of local swing, bop and soul ensembles, he attended Pomona College. At that time, the Pomona jazz faculty included Stanley Crouch—now a renowned jazz critic—and free jazz players Arthur Blythe and Bobby Bradford. Saxophonist Blythe and cornetist Bradford were part of the intermediate group of avant garde jazz musicians that followed Coltrane, Ornette, Cecil Taylor and Sun Ra. Indeed, Bradford was playing with Ornette and Eric Dolphy in the early fifties in Los Angeles. By the early ‘70s, when Murray got to college, this second line was passing the jazz mantle on to Murray’s generation of teenagers. Murray’s lifetime of exposure to all forms of African-American music made him a uniquely receptive vessel for the cutting edge jazz of the ‘70s. 

By 1975, he had moved to New York and within a year had joined with fellow reed players Oliver Lake, Hamiet Bluiett and the late Julius Hemphill to form the World Saxophone Quartet. He still performs and records with the WSQ, whose Plays Duke Ellington album set a standard for what great free jazz playing could be. I was lucky enough to catch their all Ellington show at the Great American Music Hall in 1986 and it remains among the half dozen greatest musical events I have ever witnessed. Murray, in particular, was by turns galvanic, lyrical, raw, funky, tender. At one moment you were floating along on the most ravishing tenor saxophone tone imaginable and at the next being dragged through the melody by your heels in a slash-and-burn, take-no-prisoners advance that left you limp. 

Great players like Murray understand that free jazz is not just a matter of sounding freaky or of learning the rules of playing outside conventional chord progressions any more than bebop was merely learning to improvise on the higher intervals of the chords of pop tunes. Real jazz, of any era, is about finding an inner place within the space of the music in which to play freely. “Space is the place,” as Sun Ra said. That is the simple secret of improvisation whether practiced by Louis Armstrong, Charlie Parker or Archie Shepp. As Murray says in the liner notes to his just released second album with the Gwo-Ka Masters, Gwotet (Justin Time 200-2), “When I reach the point of paroxysm in a piece I’m sure that I must be in contact with the Holy Spirit, like the Santerîa priests. That state goes beyond the word jazz, beyond notes….It goes very deep, down to an unattainable point around which we all turn, a point which we all try to touch without ever quite managing it.” 

Murray’s current group, a mix of U.S. and West Indian players, is Creole Project III, which, through interface, reveals the common African roots of blues, gospel and jazz and the gwo-ka music of Guadeloupe in the French West Indies, one of the centers of Creole culture in the Caribbean. Gwo-ka takes its name from the hand-held gwo-ka drums whose origins date back to the early slave period. David Murray is absolutely contemporary in his post-modern, post-colonial approach to the music generated by Africa, but what brings us back to hear him again and again is the authority, sweep, inventiveness, heartfelt emotion and stunning technique that fill every note he plays.  

 

David Murray’s Creole Project appears at Yoshi’s, 510 Embarcadero West, Oakland, CA, from Monday, June 28 through Wednesday, June 30, with shows at 8 and 10 pm. For more information call 510-238-9200


Cooking Classes At Farmers’ Market

Friday June 25, 2004

For Farmers’ Market shoppers who have been wondering what to cook with the array of interesting and unusual produce to be found at the Berkeley Ecology Center Farmers’ Market, the Market will present the first program in its Ethnic Food Festival, Latin American Cuisine, this Saturday, June 26. Three popular market food purveyors will demonstrate the tricks of their trade. Amigas, a Mexican caterer, Flaco’s, with vegan Mexican food, and Sofrito Puerto Rican Cuisine will give cooking demonstrations at the market, located next to the Berkeley City Hall on Center St. at Martin Luther King, Jr. Way.  

At 11 a.m., Amigas, a family owned business, will be preparing traditional Mexican cuisine with a personal touch. Then at 11:30, Sofrito will make Puerto Rican Caribbean food, the Latin side of Caribbean food, which is more sabroso (savory) than spicy hot. At noon, Antonio Magaña of Flacos Vegan Mexican Food will create vegetarian Mexican dishes using a variety of organic ingredients indigenous to the Americas. 

The second program, on July 7, will feature cuisine of India.›


Police Blotter

By RICHARD BRENNEMAN
Friday June 25, 2004

 

Pistol-packin’ Bandit Robs Pair of Purses 

A gun-wielding robber confronted two women near the intersection of Hearst Avenue and Second Street minutes before 3:30 p.m. Monday and demanded their purses. 

He grabbed up the loot and jumped into a dark, late model car—possibly a Saturn—which then sped away from the scene. 

 

Bump and Dip Artist Walk off with Cell Phone 

A thief bumped into a woman near the corner of 62nd Street and Martin Luther King Jr. Way about 10:45 Monday night, departing with her cellphone. 

 

Hate Crime at Graduate Theological Library 

Berkeley Police were summoned to the Flora Lamson Hewlitt Library at the Graduate Theological Union at 2400 Ridge Road after racist flyers were discovered stuffed into some of the library’s books, said Officer Joe Okies, BPD spokesperson. 

Several books had also been vandalized, with pages torn out.›


Education Briefs

Matthew Artz
Friday June 25, 2004

School Board Backs Community Park 

Solving one of the final disputes over the long-contested move of the Berkeley Adult School to the former Franklin School site in West Berkeley, the school board Wednesday unanimously pledged to contribute to a planned playground and community garden at the northeast corner of the campus. 

The school board didn’t commit a specific sum to the park, but indicated they would meet neighbors’ request of about $120,000 towards its development. Neighbors estimate the park will cost about $225,000, although district officials believe the price tag will ultimately be higher. The district will provide maintenance and landscaping at the facility. 

Neighbors of the school, which is bounded by San Pablo Avenue to the west and Virginia Street to the north, had protested the district’s decision to move the Adult School to the Franklin site. 

After the district agreed to neighborhood demands for changes to the site plan for the Adult School, district officials had warned that Berkeley Unified not might have enough money to redevelop the park, which had been a part of the Franklin School, until it fell into disrepair. 

The last main dispute between neighbors and the district involves the nighttime use of a parking lot on the eastern side of the campus. 

 

Still Hope for Willard AmeriCorps Program 

AmeriCorps, the domestic equivalent of the Peace Corps, might still be willing to work with Berkeley Unified despite years of late and insufficient payments by the district, said Martin Weinstein, the Executive Director of the Bay Area Community Resources (BACR), a nonprofit that operates the program for AmeriCorps. 

Weinstein had set a June 15 deadline for the district to make $11,000 in back payments and pay next year’s cost of $30,000 up front for BACR to continue the program. 

AmeriCorps provides three volunteers to assist with the Willard Greening Project that teaches students to grow their own food and cook it. 

While Weinstein declined to talk dollars, he said the district had come through with “a proposal and had shown some leadership, so we hope to reach an agreement and continue with the program next year.” 

District Spokesperson Mark Coplan had blamed the late payments on confusion between the district office and Willard. 

 

-Matthew Artz›


UnderCurrents: Brown Giving Away The Store On the Way Out

J. DOUGLAS ALLEN-TAYLOR
Friday June 25, 2004

Mr. John Protopappas, the President of the Port of Oakland Commission, informs us of an interesting new math being practiced over there at the commission’s glass palace by the bay. The new executive director for the port started this week. Meanwhile, the outgoing executive director—Mr. Tay Yoshitani—will be allowed to stay on the payroll for three more months as something called “Extra Position No. 1” (no, I am not making this up) at his regular salary of $20,650 per month, complete with full benefits and an office of his own, even though Mr. Yoshitani may actually have left Oakland and is already on his way back to Baltimore. 

The arrangement, Mr. Protopappas informs us through the Tribune, “will actually save the port money.” 

How can that be, the average local citizen and taxpayer wonders. Well, we’ll tell you. 

Mr. Yoshitani, it seems, has a contract with the port that runs through the end of September, but decided to leave early and return to Maryland for family reasons. His contract has a severance clause which requires the port to pay him for an extra six months if the contract is terminated. “So it is a lot cheaper to allow his contract to finish,” Mr. Protopappas cheerfully tells the Tribune. Three months’ cheaper, apparently. 

We wait, patiently, for the question to form in your head. 

If Mr. Yoshitani is leaving early on his own, why should the port (or, to be more precise, the local taxpayers) be required to pay a severance fee? That’s because, again according to the Tribune, “Yoshitani’s current contract calls for him to receive six months’ pay if the contract is terminated by either side” (emphasis helpfully added). 

Like my grandmother used to say, nothing beats government work. Or government contracts. 

We also learn this week of another Oakland government contract that is going to cost us considerably more…some $61 million more. That is the amount of subsidy—in the form of donated land, tax breaks, hazardous waste cleanups, and $15 and a half million in cash—that the City of Oakland is expected to kick in to the developers to get the proposed Uptown Project built. The Uptown Project, which includes the Forest City development and a separate condominium tower, is supposed to eventually put 1,000 new apartment units in the area along Telegraph and San Pablo Avenues just north of downtown. 

"It’s a tremendous subsidy,” City Council President Ignacio De La Fuente said unnecessarily in announcing the council committee vote to approve the package. “But no subsidy, no project.” 

The massive developer subsidy program—where the city essentially bribes a developer to please, please come build something in our town—was a staple of the old Oakland landscape under Mayor Elihu Harris, and was supposed to have ended when Jerry Brown came to town. In its place, we were told, Mr. Brown was going to use his star power to get developers so interested in Oakland that they would want to build here without incentive; in effect, Mr. Brown would “put Oakland on the map.” 

In fact, map-putting is what Mr. Protoppapas (who is also a local developer and an ally of Mr. Brown) said the mayor had already done in a 2001 interview with the New York Times: “Five years ago, downtown was occupied by hostile forces,” Mr. Protopappas said back then. (By terrorists? Alien invaders? He doesn’t elaborate.) “What Jerry Brown is creating is an environment that has people walking around downtown with disposable income,” Mr. Protopappas goes on to explain. “Jerry Brown has been a very effective leader. He’s been a visionary who deals well with the bureaucracy and has put the city on the map.” 

A pirate map, presumably, with a big red “X” marked in the territory along the bay between San Leandro and Berkeley, and the notation, scrawled in drunken script, “Here (Still) Be Suckers.” 

We should consider the Uptown Project as something of Oakland’s involuntary campaign contribution to Mr. Brown as he begins his announced run for the office of Attorney General of the State of California. Downtown development was supposed to be one of the key elements of Mr. Brown’s administration, with friends and boosters like Mr. Protopappas boasting that the mayor “has people walking downtown with disposable income.” True, but perhaps it was a different mayor who did the doing. Following the devastation of the ‘89 Loma Prieta Earthquake, the real Oakland downtown revival came under the regime of Mr. Harris. It was in those years that City Hall was restored and the state and federal buildings built. Without those government workers walking around with disposable income there would be no City Center, and without those shops and restaurants at City Center, the heart of downtown Oakland would be dead. Same is true for the loft development surrounding the downtown area, both to the north along Telegraph Avenue and to the south near Jack London Square. Brown supporters tend to claim all of that for the new mayor, but the truth is, the Jack London Square lofts were mostly (if not all) approved while Mr. Harris was still in office. 

And so Mr. Brown must have a signature project of his own to show that he can actually deliver on his promises, and so Oakland will be stuck with the Uptown Project, and its $61 million subsidy, on down through the ages of our children and our grandchildren and beyond. 

There were other alternatives, of course. When Oakland lost its downtown vibrancy many years ago, it turned back to its neighborhoods for retail centers. Some of them have been remarkably successful. Business is steady in the Grand Lake area, along College Avenue and Piedmont, and up in Montclair. You can hardly walk or drive through Chinatown for the crowds, day and night, and even before the Transit Village the Fruitvale was beginning to take off. Even Foothill Square—remote and generally-overlooked up in the far corner of MacArthur Boulevard—is generally full of shoppers. These districts are made up primarily of business owners who have risked their fortunes to operate in Oakland, without being paid by the government to do so. A more creative mayor—a mayor more in touch with the life of the city—might have spent more time supporting what we already have, instead of wooing developers who need a subsidy to make up for the apparent shame of being seen with us. 

That will have to be the job of the next mayor. Let’s hope Mr. Brown and his friends leave enough for her, or him, to work with. Right now, they seem to be rapidly giving away the store. 


Looking for a Little Hope and Optimism

By JAMES DAY
Friday June 25, 2004

It’s a safe bet there weren’t many buses of Reagan mourners leaving Berkeley for Simi Valley or Washington the other week. We understand that behind the soaring rhetoric was a cruel reality, an indifference to people in need, foreign policy by death squad.  

And yet... 

Some of those who stood in line were there to worship at the coffin, traveling from redoubts where neoconservatives breed and hatch their filthy plots. But I suspect many others were there because there’s something people in this country need from their politicians (local and beyond) right now, something Reagan provided, something Bush doesn’t, something the mourners needed to relive, something John Kerry had better work on, and quick. 

People need hope and optimism; they want to hear a call to the future. We vote for candidates who make that clarion call and who like people, who can talk to them, touch them. 

We do this even though change is often no change at all, even though those who’ve already got will always get the lion’s share of any new bounty, even though we know politicians of all stripes regularly do stupid, sometimes terrible, things. 

No longer a young country, we still act as though we are. Americans don’t suffer fate very well. We fidget in history class. Lessons of illusions that led to disaster are for other nations. We believe we can keep reinventing ourselves, ever leaping forward.  

Of course, all politicians—from our own battle-weary cast of local characters to the candidates for the White House—promise a better future. But sometimes the words are actually heartfelt and the caring real.  

How do you tell what’s real in a time when every word is focus-grouped and body language is so programmed, when every official just swears he or she cares about us so damn much? It takes practice. 

A little local lesson: during the recent Adult School fight, some of us fell into a briar patch of process, promises and detail. After a while, we didn’t know whom to believe. Sometimes it seemed everyone was right, every argument was equal, none could just be crap, not here. 

This over-intellectualizing, this unnaturally strict civility (sort of public discussion by Barney or some other genial dominatrix), often led to more confusion, while of course the powers that be just went on with their schemes and their winking and nodding. Some of us had lost our instincts for people, for knowing when an official or school board member was dissembling (dissembling in Berkeley? Say it ain’t so!).  

And so a couple of us began practicing a simple mantra of “after a while, you know it (intellectual honesty, goodwill) when you see it.” We pulled back a little from the details. We listened to the tone and watched the faces and the body language. We rediscovered common sense and instinct. It helped. 

And when a person’s instincts tell him that a politician (please let it be a progressive politician) is being earnest and relatively truthful, then the talk of a better future suddenly becomes a potent political tool, as real and as effective as precinct work or walk-around money.  

Which brings us back to John Kerry (certainly not a real progressive, but just think “Supreme Court” and it gets easier to swallow).  

Kerry will never be a happy warrior. There are executioners who are more fun.  

But he apparently does care, in his gruff, fierce way. If he finds a way to let people know he understands the need to cast off our gloom, to take control of things, to look forward, if he can just understand why so many people lined up at the coffin, and learn from that understanding, then the man who offers us only a grim, dark vision (is it something in Bush’s religion, or just a really bad hangover?) will be sent back to Texas. 

And then maybe we can get out of this hellish, dangerous mess we’ve dragged everyone into. 

 

James Day is a local landscaper and writer. 

 

 

 

 

 

 


AC Transit Evaluates Telegraph Avenue Alternatives

By JOHN CANER
Friday June 25, 2004

Virtually everyone agrees on the goal of getting more people to take public transit. And this past March voters passed Regional Measure 2 to fund more mass transit projects. However, when it comes to how and where there are some differences of opinion. 

AC Transit has been working for years on the concept of Bus Rapid Transit (BRT) to enhance public transit in the East Bay, and recently settled on Route 41 Telegraph Avenue-International Boulevard as the optimal route. Additionally, AC Transit recently implemented Rapid Bus Service (RBS) service along San Pablo Avenue speeding transit times 30 percent, and boosting ridership 66 percent during peak periods. 

At a February public hearing, neighbors and merchants expressed to AC Transit serious concerns regarding the Environmental Impact Review (EIR) that would evaluate BRT as the only enhanced transit alternative for Telegraph Avenue. One month later the community was relieved to see their pleas were heeded, and the EIR scope had been revised to evaluate both BRT and RBS alternatives for Telegraph Avenue. 

RBS improves bus service by synchronizing traffic lights with transponders on buses, reducing number of bus stops, and providing real-time electronic time of arrival information at each bus stop. BRT further enhances bus service by dedicating a lane of traffic to exclusive use of buses in each direction, and new elevated bus stop stations.  

Concerns regarding BRT are several. For neighbors the greatest concern is the reduction of Telegraph to one lane of traffic in each direction thus adversely affecting drive times, parking, and congestion, and diversion of traffic into neighborhoods. Merchants are additionally concerned regarding BRT plans to turn Telegraph Avenue commercial area into a dedicated transit mall (private vehicle traffic would be diverted to alternative routes), and the impact of less eyes and ears on an already fragile economic and social situation on the Avenue. There are also concerns regarding how BRT would be routed and terminated in downtown Berkeley. 

The EIR will now include cost/benefit analysis of both the BRT and RBS alternatives, so the community and City of Berkeley can make an informed decision regarding the best alternative. Benefit analysis should include improved transit commute times, increased ridership, and quality of service. Cost analysis should include dollars, drive times, traffic diversion, parking impacts, and economic and social impact on commercial areas.  

AC Transit is currently in the process of building a computer model to analyze the two alternatives. The EIR is expected to be completed around year-end, and then must be submitted to the federal government for review before it is released to the public sometime early next year. At that time it will be important for neighbors, merchants, UC, City of Berkeley, and other interested parties to weigh in on the analysis, and decide on what is the best path forward for our community. 

 

John Caner is president of Willard Neighborhood Association, and a board member of the Telegraph Area Association.›


When Every Second Counts

By CAROL POLSGROVE
Friday June 25, 2004

At first, to the doctor who checked her over, the illness that struck my daughter, Cora, looked like a virus. Even the blood test suggested a virus. That was because I had taken her in so quickly when she started shaking with chills.  

Twenty-four hours later, her head was splitting and her body stiffening. I took her into the large pediatric practice that has taken care of her for years. It was the end of the workday, but by chance her own doctor was still there. 

She took one look at my lanky high school senior, nearly passed out on the high, too-short bed, and started the spinal test for meningitis. As soon as she finished that, she started antibiotics and fluids flowing into her veins. 

Then she called an ambulance to take Cora to our local hospital. That, too, happened quickly. Cora had barely arrived when another doctor from the practice, already in the hospital, entered the room where nurses were working to attach more i.v.’s and hook up her to monitoring machines.  

“This is a good hospital,” the doctor said, “but Cora deserves the best care available.” She was sending Cora to Indianapolis, an hour up the road. 

An ambulance was coming to take her to the Riley Hospital for Children, a major university teaching hospital. A Riley doctor and nursing team would be on board to accompany her.  

That night was the grimmest I have ever experienced. There was too strong a possibility that she might die (as do approximately one in 13 victims of the meningitis strain that attacked her).  

If she did not die, would she be irreparably harmed? Meningitis attacks the tissues around the spinal column and travels to the brain. It inflames the tissues around the brain and causes swelling. If the disease is not blocked quickly, brain damage can occur. 

Our story had a happy outcome. After a day and night in intensive care, Cora spent eight more days at Riley, treated with antibiotics and nursed back to health by a superb staff.  

Nine days after Cora stood at the door of death, she and I drove home together. 

Two days later, Cora walked across the stage at graduation. Once four weeks have passed, she’ll have the meningitis vaccination recommended for college students. 

A few days after we came home, I was telling this story to a physician friend who knew Cora. “She was lucky,” she said. A fast medical response had saved her life and restored her to health and wholeness. 

And then my friend added this grim thought: that if Cora had been one of millions of American children without medical insurance, she might not have survived.  

Our insurance had bought her fast, top-notch care. Without insurance, some parents might have hesitated to seek care until it was too late. Medical personnel might have delayed responding to a disease that does not brook delays. 

My physician friend had just returned from the local Bridge the Gap walk over our newest bridge in Bloomington—part of last Saturday’s nationwide push for health care for the uninsured.  

I gave her my e-mail address to add to the list: The next time there’s a bridge to walk, I want to be on it. 

 

Carol Polsgrove is a former East Bay resident who lives in Bloomington, Indiana. 

f


Letters to the Editor

Friday June 25, 2004

MEANS TESTING 

Editors, Daily Planet: 

Keith Winnard’s June 11 letter proposing that Berkeley renters submit to means testing—to determine whether or not an individual renter can qualify for the city’s rent stabilization program—profoundly misunderstands the purpose and nature of California’s scores of community rent stabilization ordinances, which regulate nearly a million tenant households statewide. 

Mr. Winnard suggests that a parallel can be drawn between federal and state entitlement program means testing and local rent stabilization ordinances. 

This parallel is false: unlike federal welfare support, student financial support, or the state’s MediCal program, which, as Mr. Winnard correctly notes, require means testing documentation, Berkeley rental property owners operate as private businesses. 

For owners operating three or more units, a City of Berkeley business license (and adherence to corresponding health and safety regulations) is required. Rental units are also subject to the city’s voter-approved Rent Stabilization Ordinance regulations. 

As private operators controlling a fixed supply of housing units—and a corresponding high renter demand for housing—the city’s rent stabilization program regulates unit rent levels as a universal program. 

This same notion of universal participation also applies to other regulated private (or semi-private) markets/monopolies: i.e. electricity, natural gas, water, telephone service, etc. Given how critical housing and other regulated services are for California’s population, universal—not arbitrary income-based participation is vital. 

Chris Kavanagh  

 

• 

BLAMING CAL 

Editors, Daily Planet: 

I am deeply troubled that the City of Berkeley wants to blame Cal for its money problems. Cal is the reason why many people come to Berkeley. I work at a small shop a block away from the campus and I can tell you if it weren’t for the Cal students and staff we (and other shops) would go out of business. I’ve seen this town go down the gutter through the years and many people are struggling to get by. Sadly it seems that the homeless are taking over and cops are slow to respond when needed and nothing is getting done to fix it. 

If we want to blame the Cal campus for Berkeley it’s the students that will suffer, with more fees on top of an already expensive education, resulting in them going deeper into debt. These are our children and it’s time to stop asking them to carry our state’s problems on their already overloaded backs. 

Melissa Brown 

Alameda 

 

• 

IMMIGRATION 

Editors, Daily Planet: 

Kenneth Theisen decries the fact that illegal immigrants are being “forced” into inhospitable terrain by the Border Patrol (“U.S.-Mexico Border Patrol Abuses Greater Than Abu Ghraib,” Daily Planet, June 11-14). 

Fundamental questions: 

1. What is your idea of the optimum population of the U.S.? 

2. Do you favor unlimited immigration? (Easy question. No evasions, just yes or no.) 

3. If yes, go back to question No. 1. If no, what annual immigration limit should be adopted, and what means would be appropriate to enforce it? 

Peter B. Jansen 

 

• 

INDIAN FISHING GROUNDS 

Editors, Daily Planet: 

PacifiCorp, a subsidiary of Scottish Power, one of Scotland’s leading multinationals, is destroying the traditional fishing grounds of California Indians—the Karuk, Yurok, Hoopa and Klamath—by killing off the salmon by building dams on the Klamath River. At one time, the Klamath River—winding through Northern California and southern Oregon—was once the third largest salmon river in this country.  

California Indians had lived along the river for millennia, relying on the salmon for sustenance. However, when PacifiCorp came in, it built these dams which prevented the salmon from reaching their natural grounds river. As a result, two species of salmon are extinct. Scottish Power needs to be held accountable for the action taken by its subsidiary.  

Billy Trice, Jr. 

Oakland›


Tea Party Combines Storytelling with Ecology

By SUSAN PARKERSpecial to the Planet
Friday June 25, 2004

A few weeks ago my friend Jernae and I attended a tea party in the middle of Addison Street in downtown Berkeley. This wasn’t just any tea party. This was a tea party with an environmental agenda. Entitled “A Tea Cup Give Away Storytelling Tea Party,” it was sponsored by the Berkeley Art Commission’s Addison Street Windows Gallery. In association with the Urban Creeks Council, local interdisciplinary artist/performer Patricia Bulitt has put together the current window exhibit that includes photo imagery, text, poetic prose, costumes, hats, and recycled kettles. 

The tea party, held on June 6, was a kick-off to the exhibit which celebrates Bulitt’s 13 years of “Creek Dancer” events in Codornices Park, and her accompanying women’s and girls’ tea party and storytelling ceremony, “There’s A Tree Whistling Its Message Through the Kettle.” 

We registered for the event beforehand, and were told to bring a teacup and story to exchange. On the appointed day we dropped by the corner of Milvia and Addison Streets where we were given a glittery tea bag pin and a tea bag for later use. The event began with volunteers holding large, colorful umbrellas, forming an arch, which the participants walked through while listening to the sounds of singer/performer Rhiannon. Then Taiko drummer Janet Koike pounded out some beats and Patricia performed a dance poem about an elderly woman hiking through the woods. This was followed by several youngsters dancing with a variety of old teapots and then a performance by the “Fishhead Dancers,” three young women dressed in black leotards, green pants and large fish masks. When they finished, the Fishhead Dancers served us hot water for our tea, but before indulging, Patricia instructed us to exchange our cups with someone we didn’t know, and during the swap we were encouraged to share a story about a person we admired.  

Jernae and I wandered over to the long tables set up on the sidewalk and helped ourselves to gummy fish and cookies, beautifully presented, in part, by Gianna’s Handmade Baked Goods. While sipping herbal tea and nibbling on delicious pink and green ladybug and frog-shaped shortbread cookies, Jernae and I studied the windows of the Addison Street Gallery which Patricia had filled with sparkly button-studded teapots, shimmering tea bags, lace, dolls, dresses, “floating words,” and photographs of herself dancing in Cordornices Creek.  

Later, Patricia explained that we were standing above Strawberry Creek and that the waters flowed from the Berkeley hills out to the San Francisco Bay and then on through the Golden Gate to the Pacific. In the same way, said Patricia, the stories we had shared would also flow with the water, intermingle out into the universe and then come back to us, like the tides of the ocean. We wer e encouraged to find someone new to share the story we had just learned during our teacup swap. But Jernae had insisted on wearing high heels, and she complained to me “that her dogs were killing her” so before exchanging a second story we decided to he a d home. We returned to North Oakland with a renewed appreciation for the hidden creeks of the East Bay. With my re-found water-as-precious-resource awareness, I tried not to waste a drop as I made dinner and washed clothes. I thought more about Patricia’s exhibit, and wondered how I could supe-up my dull, boring-but-functional teapot. And since I hadn’t exchanged a second story with anyone, I decided to share this anecdote with you.µ


Shotgun’s “Quills” Is A Long, Sadistic Evening

By BETSY HUNTONSpecial to the Planet
Friday June 25, 2004

Playwright Doug Wright, who won this year’s Tony, as well as the Pulitzer Prize for Drama for his current Broadway hit, “I Am My Own Wife,” apparently has learned a lot about playwriting in the years since he wrote the play, which is currently being perf ormed at the Julia Morgan Theatre. 

At two hours and forty minutes, Shotgun Players’ production of “Quills” may require more time than some of us would care to spend with this version of the Marquis de Sade’s carryings on. 

One of the highest points of th is production is Richard Louis James’ chilling portrayal of the 18th century Frenchman whose name has come to define the term “sadism.” James gives a totally believable portrayal of the brilliant and hopelessly distorted Marquis: a man whose genius was devoted to the creation of a body of writing which is, even now, horrendous. 

De Sade’s behavior caused him to spend more than 29 years in first, a prison, then—after a break caused by the French Revolution—an insane asylum, where he finished out his life. Wright’s play is set in the Charenton Insane Asylum, where de Sade is maintained in relative comfort at the expense of his wife’s bribery of the sleazy director, Dr. Royer-Collard (a believable David Cramer). The wife’s motivation is simple; she wants him locked away in the asylum and is quite prepared to pay to keep him there.  

It is with the entrance of the very competent Judy Phillips, who plays Madame deSade, that the question of the play’s direction arises. Phillips’ role is performed with an extrav agant artificiality which is basically comic in style. However, both the dialogue and the plot lack humor. (In all fairness, it should be admitted that there were a few audience members who did find material to laugh about from time to time.) 

What appear s to be going on is a rather erratic attempt to introduce elements of the “Grande Guignol” into the production. Those popular, wildly exaggerated, Punch and Judy puppet shows wallowed in over-done guillotines and such like. The idea behind the otherwise b ewildering “horror film” sound effects in this production is apparently an effort to graft some of the Grande Guignol appeal onto Wright’s text.  

A (perhaps “the”) major theme in the play is the struggle faced by the idealistic young priest, Abbe de Coulmier (touchingly played by Taylor Valentine), who is caught between the disreputable Dr. Royer-Collard, and the evil de Sade. The Abbe is the immediate contact with de Sade and is responsible for the actual enforcement of restrictions upon his behavior. 

As the play progresses, de Sade finds increasingly disgusting, if increasingly ingenious, ways of doing his writing (he has long established ways of smuggling his works out of his cell with the aid of an earthy laundress well played by Lisa Jenai Hernande z). When they take away his quills and paper, he writes in blood on his clothes. When he is stripped naked, he writes in feces upon his cell’s walls. As de Sade beats each move, the Abbe becomes increasingly obsessed: his spirituality seeming to fail alon g with his sanity. 

When Wright wrote the script for the film “Quills,” he didn’t use the play’s second act (there doesn’t seem to be any information readily available to determine whether this was really his own idea or whether some more sensible type ha d to intervene). There could be an idea there worth considering. 

Actually, in this production, the second act appeared to move better than did the first. However, the ending was remarkable in that there were a series of short scenes, each of which seemed to carry all the marks of a conclusion. And then, Oops! Here comes another one. 

It was a rather long evening. 

 

“Quills” is at the Julia Morgan Theater, Thurs. through Sat. at 8 p.m., and Sun at 7 p.m. to July 3. Free admission with pass-the-hat donation after the show. For reservations call 704-8210. www.shotgunplayers.org


Arts Calendar

Friday June 25, 2004

FRIDAY, JUNE 25 

CHILDREN 

Costume Character Special Guest “Little Critter” at Barnes and Noble at 10:30 a.m. 644-3635. 

FILM 

Readings on Cinema: “Alice in Wonderland” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

THEATER 

Aurora Theatre “Betrayal,” by Harold Pinter, directed by Tom Ross. Runs through July 25. 843-4822.  

www.auroratheatre.org  

Berkeley Rep “Master Class” with Rita Moreno at The Roda Theater. Runs through July 18. 647-2949. www.berkeleyrep.org 

Berkeley Rep, “21 Dog Years: Doing Time @ Amazon.com” Thurs., Sun. at 7:30 p.m. and Fri. and Sat. at 8:30 p.m. through July 2. Tickets are $25-$35. 647-2949. www.berkeleyrep.org 

Black Repertory Group Theatre “Come Back Annie Gray” June 25, 26 and 27 at 3201 Adeline St. Tickets are $15-$20, available from 408-615-1194. 

www.comebackanniegray.com 

California Shakespeare Theater, “Comedy of Errors,” Tues.-Fri. at 7:30 p.m., Sat at 8 p.m., Sun. at 4 p.m. at the Bruns Memorial Amphitheater, through June 27. Tickets are $13-$32. 548-9666. www.calshakes.org 

Prescott-Joseph Center, “Raisin” an adaptation of “A Raisin in the Sun” Fri. and Sat. at 7:30 p.m., Sun. at 4 p.m. to July 11, at the Sister Thea Bowman Memorial Theater, 920 Peralta St., West Oakland. Theater is outdoors, dress for cooler temperatures. Tickets are $5-$15. 208-5651. 

Shotgun Players, “Quills” by Doug Wright at the Julia Morgan Theater. Runs Thurs.-Sat. at 8 p.m., Sun. at 2 p.m. through July 3. Free, donations accepted. 841-6500. www.shotgunplayers.org 

Wilde Irish Productions, “Eclipsed” by Patricia Burke Brogan, at the Berkeley City Club, 2315 Durant Ave. Runs Thurs.-Sat. at 8 p.m., Sun. at 2 p.m. through June 27. Tickets are $15-$20. 841-7287. www.wildeirish.org 

READINGS AND LECTURES 

“We Do: A Celebration of Gay and Lesbian Marriage” with editor Amy Rennart at 7 p.m. at Cody’s Books on Fourth St. 559-9500. www.codysbooks.com 

Richard Ben Cramer, Pulitzer Prize winning reporter describes “How Israel Lost: The Four Questions” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

“Harmonies du Soir” with Esther Chan, solo pianist at 7:45 p.m. at the Berkeley City Club, 2315 Durant Ave. 848-7800. www.berkeleycityclub.com  

Bill Horvitz, improv jazz guitar at 8 p.m. at The Jazz House. www.thejazzhouse.com 

Rafael Manriquez & Quijerema in a concert celebrating the 100th birthday of Pablo Neruda at 8 p.m. at La Peña Cultural Center. 849-2568. www.lapena.org 

Peter Mulvey, contemporary folk innovator, at 8 p.m. at Freight and Salvage Coffee House. Cost is $15.50 in advance, $16.50 at the door. 548-1761.  

www.freightandsalvage.org 

Aphrodesia at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

Danny Caron, jazz and blues guitarist, at 9 p.m. at Downtown. 649-3810.  

Ilene Adar and Mario Desio, singer-songwriters, at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344.  

www.nomadcafe.net 

Crater, Odd Bodkins at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082.  

www.starryplough.com 

Forward, Desolation, Strung Up, Get it Away at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $5. 525-9926. 

Mundaze at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790.  

www.beckettsirishpub.com 

Stephen Kent An evening of solo didjeridu at the 1923 Teahouse at 8 p.m. Suggested donation of $7-$15, no one turned away for lack of funds. 644-2204.  

www.epicarts.org 

SATURDAY, JUNE 26 

FILM 

Los Angeles Plays Itself: “The Long Goodbye”at 7 p.m., “The Outside Man” at 9:10 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

“High Fiber” a conversation with artists exploring the intersection of digital technology and fiber-based artworks at 2 p.m. at Kala Art Institute, 1060 Heinz Ave. Gallery hours are Tues.-Fri. noon to 5:30 p.m., Sat. noon to 4:30 p.m. 549-2977. www.kala.org 

Alex Cramer introduces his new novel, “The Coma” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

MIUSIC AND DANCE 

“We Invite You to Dream” dance with rap, poetry, and live music performed by artists with Destiny Arts Center at 8 p.m. at The Linen Life, 6635 Hollis St. at 67th St., Emeryville. Tickets are $10-$25. 597-1619.  

www.destinyarts.org 

Tom Russell, southwestern singer-songwriter, at 2 p.m. at Down Home Music, 10341 San Pablo Ave., El Cerrito. 525-2129. 

Avenida Sao Paulo, Latin jazz, at 9:30 p.m. at Albatross, 1822 San Pablo Ave. Cost is $3. 843-2473. www.albatrosspub.com 

Marley’s Ghost, one-band music festival, at 8 p.m. at Freight and Salvage Coffee House. Cost is $17.50 in advance, $18.50 at the door. 548-1761.  

www.freightandsalvage.org 

Son Borikua & Venezuelan Music Project at 9 p.m. at La Peña Cultural Center. Cost is $12-$14. 849-2568. www.lapena.org 

Humble Soul and Native Groove at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

Andreas Willers, improv guitar, at 8 p.m. at The Jazz House. www.thejazzhouse.org 

Scott Amendola Trio at 9 p.m. at Downtown. 649-3810.  

Kirk Keeler, singer song-writer, at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Naked Barbies at 9:30 p.m. at The Starry Plough. Cost is $7. 841-2082. www.starryplough.com 

Benumb, Catheter, Entrails Massacre, Wasteoid at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $5. 525-9926. 

Quddus, one-man hip hop, at the 1923 Teahouse at 8 p.m. Suggested donation of $7-$15, no one turned away for lack of funds. 644-2204.  

www.epicarts.org 

SUNDAY, JUNE 27 

EXHIBITION OPENINGS 

“Sacred Spaces,” an exhibition of installation works by Seyed Alavi, Taraneh Hemami, Dee Hibbert-Jones and Nomi Talisman, Rhoda London, and Rene Yung, through August 7 at the Berkeley Art Center, 1275 Walnut Street in Live Oak Park Gallery hours are Wed. - Sun. noon to 5 pm. 

FILM 

Los Angeles Plays Itself: “Water and Power”at 5:30 p.m., “Chinatown” at 7 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808.  

www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Poetry Flash with Kim Addonizio, Dorothy Barresi and Susan Browne at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Berkeley Music Cooperative Players, “An Evening in Paris” featuring the music of Faure, Poulenc, Ravel and Debussy at 7 p.m. in the Valley Center, Holy Names College, 3500 Mountain Blvd. Oakland. Tickets are $5-$20 sliding scale at the door. 845-2232. 

Lavay Smith and Her Red Hot Skillet Lickers and The Moodswing Orchestra and a floorshow by the San Francisco Jitterbugs in a Swing Benefit for Ashkenaz at 8 p.m. Ashkenaz. Cost is $20. 525-5054. www.ashkenaz.com 

Lucas Niggli’s Zoom, drum heavy jazz/rock improv, at 8 p.m. at The Jazz House. Donation $10.  

www.thejazzhouse.com 

Darryl Henriques, satire and social commentary, at 8 p.m. at Freight and Salvage Coffee House. Cost is $17.50 in advance, $18.50 at the door. 548-1761.  

www.freightandsalvage.org 

Jazz Club Afternoon, featuring DJ Buffalo and friends at 2 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Steven Pile and Sara Shansky, alt-country bluesy folk, at the 1923 Teahouse at 8 p.m. Suggested donation of $7-$15, no one turned away for lack of funds. 644-2204.  

www.epicarts.org 

MONDAY, JUNE 28 

THEATER 

Shotgun Theater Lab “Four Echoes” at 8 p.m. at The Ashby Stage, 1901 Ashby Ave. Free, sugggested donation up to $15. 841-6500.  

READINGS AND LECTURES 

“An Evening with Maxine Hong Kingston” at 7:30 p.m. at Aurora Theater, 2081 Addison St. $20 suggested donation. 843-4822.  

www.auroratheatre.org 

Steven Saylor reads from his new historical mystery, “The Judgment of Caesar” at 7:30 p.m. at Cody’s Books. 845-7852.  

www.codysbooks.com 

Poetry Express Theme Night “Nature” from 7 to 9:30 p.m., at Priya Restaurant, 2072 San Pablo Ave. berkeleypoetryexpress@yahoo.com 

MUSIC AND DANCE 

David Murray’s Creole Project at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Wed. Cost is $10-$20. 238-9200. www.yoshis.com 

Lucas Niggli’s Zoom, drum heavy jazz/rock improv, at 8 p.m. at The Jazz House. Donation $10. www.thejazzhouse.com 

TUESDAY, JUNE 29 

THEATER 

Shotgun Theater Lab “Four Echoes” at 8 p.m. at The Ashby Stage, 1901 Ashby Ave. Free, sugggested donation up to $15. 841-6500.  

FILM 

Los Angeles Plays Itself: “The Decay of Fiction” at 7 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808.  

www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Bill Clinton will sign copies of his memoir “My Life” at noon at Cody’s Books. Admission by ticket only. 845-7852. www.codysbooks.com 

Lee Stringer remembers his life at a school for children at risk in “Sleepaway School: Stories from a Boy’s Life” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Poets Gone Wild, open mic, at 7:30 p.m. at Barnes and Noble. 644-0861. 

MUSIC AND DANCE 

Balkan Folkdance at 8 p.m. at Ashkenaz. Cost is $6. 525-5054. www.ashkenaz.com 

Mimi Fox, solo guitar, at 8 p.m. at Downtown. 649-3810. 

REV.99 and Andrew Hayleck at 8:30 p.m. at Oakland Box, 1923 Telegraph Ave.  

www.oaklandbox.com 

Jazz House Jam at 8 p.m. at The Jazz House. Donation $5. www.thejazzhouse.com 

WEDNESDAY, JUNE 30 

FILM 

All-Comedy Shorts presented by Independent Exposure at 8 p.m. at 21 Grand, Oakland. Cost is $5-$10 sliding scale. 415-864-0660.  

www.microcinema.com 

READINGS AND LECTURES 

Ed Cray reads from his new biography, “Ramblin’ Man: The Life and Times of Woody Guthrie” at 7:30 p.m. at Cody’s Books. 845-7852.  

www.codysbooks.com 

Kay Jones and Anthony Pan explain “Culture Shock! Beijing At Your Door” at 7:30 p.m. at Easy Going Travel Shop and Bookstore, 1385 Shattuck Ave at Rose. 843-3533. 

Berkeley Poetry Slam, contest with the winners performing at the AIDS Walk in San Francisco, at 8:30 p.m. at The Starry Plough. Cost is $5-$7. 841-2082 www.starryplough.com 

MUSIC AND DANCE 

Potingue, contemporary flamenco-Latin ensemble, at the Crowden Music Center, at 8 p.m. Tickets are $6, free for children. 559-6910.  

www.thecrowdenschool.org 

Jules Broussard, Ned Boynton and Bing Nathan at 8 p.m. at Downtown. 649-3810.  

Gator Beat at 8:30 p.m. at Ashkenaz. Cajun zydeco dance lesson with Cheryl McBride at 8 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

The Key of Z: Experimental Instruments, and the Music They Make, with the New Zealand ensemble From Scratch, at 7:30 p.m.at the Pacific Film Archive. Sponsored by Amoeba Records. 642-0808. 

Whiskey Brothers, old time at 9 p.m. at Albatross, 1822 San Pablo Ave. 843-2473.  

www.albatrosspub.com 

Jeb Brady Band, history of the blues, part II, at 8 p.m. at Freight and Salvage Coffee House. Cost is $15.50 in advance, $16.50 at the door. 548-1761.  

www.freightandsalvage.org 

The Upsidedown, ‘80s meets ‘60s psychedelic synth-rock at 9:30 p.m. at Blakes on Telegraph. Cost is $5. 848-0886. www.blakesontelegraph.com 

THURSDAY, JULY 1 

EXHIBITION OPENINGS 

Tanaka Ryohei, “Japanese Etchings” opens at the Schurman Fine Art Gallery, 1659 San Pablo Ave. 524-0623. 

READINGS AND LECTURES 

Terry Ehret is the featured poet at the Albany Public Library at 7 p.m. at the Albany Public Library, 1247 Marin Ave. 526-3720, ext. 20. 

Puerto Rican Obituary: A Tribute to Pedro Pietri at 7 p.m. at La Peña Cultural Center. Cost is $5-$10. 849-2568. www.lapena.org 

MUSIC AND DANCE 

Summer Noon Concert with the Capoeira Arts Café at the Berkeley BART. Sponsored by the Downtown Berkeley Association. 

Art Maxwell and Tonal Gravity, jazz and world music fusion, at 8 p.m. at Freight and Salvage Coffee House. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

George Pederson and His Pretty Good Band at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082.  

www.starryploughpub.com 

Keni El Lebrijano, flamenco guitar, at 9 p.m. at Downtown. 649-3810. 

Tim Buckley’s Influx, avant-garde jazz, at 8 p.m. at The Jazz House. Sliding scale donation $8-$15. www.thejazzhouse.com 

Kenny Rankin at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sat. Cost is $16-$20. 238-9200. www.yoshis.com 

FRIDAY, JULY 2. 

EXHIBITION OPENINGS 

Works by Ellen Russell opens at ACCI gallery, 1652 Shattuck Ave. 843-2527. www.accigallery.com 

THEATER 

Aurora Theatre “Betrayal,” by Harold Pinter, directed by Tom Ross, opens at 8 p.m. and runs through July 25. Tickets are $28-$36. 843-4822. www.auroratheatre.org  

Berkeley Rep “Master Class” with Rita Moreno at The Roda Theater. Runs through July 18. 647-2949. www.berkeleyrep.org 

Berkeley Rep, “21 Dog Years: Doing Time @ Amazon.com” Thurs., Sun. at 7:30 p.m. and Fri. and Sat. at 8:30 p.m. through July 2. Tickets are $25-$35. 647-2949. www.berkeleyrep.org 

Shotgun Players, “Quills” by Doug Wright at the Julia Morgan Theater. Runs Thurs.-Sat. at 8 p.m., Sun. at 2 p.m. through July 3. Free, donations accepted. 841-6500.  

www.shotgunplayers.org 

MUSIC AND DANCE 

Johnny Talbot & De Thangs, blues band, at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

Kaki King at 8 p.m. at Freight and Salvage Coffee House. Cost is $16.50 in advance, $17.50 at the door. 548-1761. www.freightandsalvage.org 

Flair, Mojo Apostles, Collisionville, Jules Worsley at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082.  

www.starryploughpub.com 

Angel Spit at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

Marcus Selby Trio at 9 p.m. at Downtown. 649-3810. 

Jason Broome and Emaline Delapaix at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344.  

www.nomadcafe.net 

Kenny Rankin at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sat. Cost is $16-$20. 238-9200.  

www.yoshis.com 

Off Minor, Strong Intention, Amanda Woodard, Navies at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $5. 525-9926. 

ª


Railroad Museum Rides Into California’s Past

By KATHLEEN HILL Special to the Planet
Friday June 25, 2004

Even non-railroad buffs of all ages will find adventure at the California State Railroad Museum in Old Sacramento State Historic Park. 

To make the trip as authentic and thorough as possible, take Amtrak’s “Capitol Corridor” train from Oakland or Martinez and avoid supporting profiteering oil companies more than necessary. The train stops the equivalent of about two blocks from the California State Railroad Museum. Follow the striped walkway under a green bridge to Old Sacramento. 

Operated by California State Parks with assistance from the museum’s foundation, the air-conditioned museum shows an extensive collection of railroad cars built and used between 1874 and 1950.  

Visitors can climb into many of the cars, which range from a modest, working caboose to Gov. Leland Stanford’s wildly lavish private railroad car. 

Gov. Stanford turned the first spade of dirt to begin construction of the Central Pacific Railroad on Jan. 8, 1863. After Chinese laborers toiled for six years in unbearable conditions and gave lives to build the railroad, the Central Pacific met the Union Pacific Railroad coming from the east, at Promontory, Utah. On that occasion, Stanford pounded in the famed gold spike to “complete” the United States’ transcontinental railroad. The Central Pacific was the forerunner of the Southern Pacific. 

Ironically and purposefully, Stanford’s elegant once-moving personal monument stands very close to the oddly realistic stationary exhibit honoring the Chinese laborers who toiled and gave lives to actually build the railroad from which Stanford, Collis P. Huntington, Charles Crocker, and Mark Hopkins made their fortunes. 

The museum also owns and rotates into its exhibits of “rolling stock” 17 “maintenance-of-way” cars used from 1905-1974. These cars include cranes, scale test cars, tool and outfit cars, flangers, snowplows, dynamometer cars, and a fascinating fire truck on rails. 

Be sure to walk through Canadian National Railways Sleeping Car No. 1683, the “Hyacinthe,” where a museum docent acts as pretend steward and security person. The car simulates sounds, motion, light changes, and for a few moments one can fantasize about being on a true cross-country trip in a fairly elegant sleeping car. 

Kids enjoy hiding and imagining a ride in a freight car. Other car favorites include an Atcheson, Topeka, and Santa Fe dining car, a Fruit Growers Express Company refrigerator car, a Great Northern Railway Company Post Office car, and a Union Pacific caboose. Indoors, these railroad cars look absolutely massive. 

Through August, there’s a fabulous display called “Where to Go, What to See: The Art of the American Railroad Poster.” Dating from the 1890s-1950s, the posters highlight railroad travel and train destinations across the country, and emphasize the era when railroad posters reached their peak as communication vehicles in the 1920s and 1930s. 

A special exhibit of toy trains and scale models, which is a preview of the Thomas W. Sefton collection, is on display on the museum’s first floor. Mr. Sefton recently donated his enormous collection to the California State Railroad Museum Foundation, including pieces from Buddy L. Ives, American Flyer, Marklin, Marx, and Lionel. The museum will open its 3,300-square-foot Thomas W. Sefton Gallery Aug. 14 for a permanent rotating exhibit of this extraordinary collection. 

Other exhibits include historic photographs of the railroad building industry, maps, shop machinery, and other products from the Southern Pacific Sacramento Shops, once the largest industrial complex west of the Mississippi and largest employer in the Central Valley. 

On weekends try the steam powered excursion trains departing from Central Pacific Freight Depot and Public Market (two blocks south of the museum) every hour on the hour from 11:00 a.m. to 5:00 p.m. The museum’s vintage Sacramento Southern Railroad makes a 40-minute, six-mile roundtrip ride along the Sacramento River, pulling passenger coaches and freight cars along what was a Southern Pacific line. Passengers can either ride in enclosed cars with cushy seats or on open-air wooden seats. 

The Railroad Museum and Old Sacramento hold special events for crowd lovers, including “Gold Rush Days” on Labor Day weekend, a fire department safety fair (this year labeled “Prevention 2004”), the fun Halloween “Spookomotive” train rides, loads of theme train excursions for Thanksgiving, a Toy Train Holiday, and a Yuletide Express with Santa aboard. 

Don’t miss the museum store, with one of the most extensive collections anywhere of books about trains and train lore, Thomas the Train toys and trinkets, and the rare train poster and memorabilia. 

Some of the dusty, dirty food joints close to the Railroad Museum in Old Sacramento are worth passing by. To contribute to the museum’s foundation, soak in a little history and have lunch or dinner at the same time, try the Foundation’s Silver Palace Restaurant at the Central Pacific Railroad Passenger Station, a legacy of the Silver Palace Eating Stand that served passengers of the first arriving trains in Sacramento. Everything here is super casual, and the simple menu includes Transcontinental stew, Steam Whistle chili, hot and cold sandwiches, burgers, fries, and salads. 

 


“We Support John Kerry”

48 Nobel Laureates
Friday June 25, 2004

June 21, 2004 

 

Presidential elections present us with choices about our nation's future. We support John Kerry for President and urge you to join us. 

The prosperity, health, environment, and security of Americans depend on Presidential leadership to sustain our vibrant science and technology; to encourage education at home and attract talented scientists and engineers from abroad; and to nurture a business environment that transforms new knowledge into new opportunities for creating quality jobs and reaching shared goals. 

President Bush and his administration are compromising our future on each of these counts. By reducing funding for scientific research, they are undermining the foundation of America's future. By setting unwarranted restrictions on stem cell research, they are impeding medical advances. By employing inappropriate immigration practices, they are turning critical scientific talent away from our shores. And by ignoring scientific consensus on critical issues such as global warming, they are threatening the earth's future. Unlike previous administrations, Republican and Democratic alike, the Bush administration has ignored unbiased scientific advice in the policy-making that is so important to our collective welfare. 

John Kerry will change all this. He will support strong investments in science and technology as he restores fiscal responsibility. He will stimulate the development and deployment of technologies to meet our economic, energy, environmental, health, and security needs. He will recreate an America that provides opportunity to all at home or abroad who can help us make progress together. 

John Kerry will restore science to its appropriate place in government and bring it back into the White House. He is the clear choice for America's next President.  

 

Signed, 

 

48 Nobel Laureates›


Berkeley This Week

Friday June 25, 2004

FRIDAY, JUNE 25 

City Commons Club Noon Luncheon with Joseph Lifschutz, M.D. on “A Psychoanalyst’s Career.” Luncheon at 11:45 a.m. for $12.50, speech at 12:30 p.m., at the Berkeley City Club, 2315 Durant St. For information and reservations call 526-2925 or 665-9020. 

Chinese Dragon Boat Festival at 1:30 p.m. at the North Berkeley Senior Center with refreshements and entertainment. 981-5190. 

Remembering Homeless Youth at the Grove Street Park on the corner of Oregon and Martin Luther King Street from noon to 4 p.m. with food, games and entertainment.  

Tilden Sunset Hike through southern Tilden Park with panoramic evening views from the Seaview trail. Meet at Inspiration Point at 6 p.m. with very warm, layered clothing, flashlight, snack to share. Sponsored by Solo Sierrans. 601-1211.  

Send Off for Cuba Caravan, a dinner and program hosted by Pastors for Peace at 6 p.m., 1606 Bonita. 527-2522. 

“A Night of Ferocious Joy,” a film of the first concert against the war with Ozomatli, Blackalicious, Dilated Peoples, Mystic, Saul Williams, Jerry Quickley, Hassan Hakmoun, Pan Afrikan People’s Arkestra. At 7 p.m. at Humanist Hall in Oakland at 390 27th St. Cost is $5-$15, and helps send youth and activists to the Republican National Convention Protest in NYC. 601-8000.  

bayarea.notinourname.net 

“The End of Suburbia” a film exploring our way of life as global demand for fossil fuels begins to outstrip supply. At 7 p.m. at Berkeley Fellowship of Unitarian Universalists, 1924 Cedar St. at Bonita. Donation sliding scale $5-$15, no one turned away for lack of funds. 547-8313. 

“Evoking the Divine” A look at the kolams of South India with Dianne E. Jenett at 7 p.m. at Belladonna, 2436 Sacramento St. Cost is $5. 650-483-1179. 

Queerosity Celebrating LGBTQ youth with spoken word and open mic, from 6 to 10 p.m. at SMAAC Youth Center, 1608 Webster St. at 16th, Oakland. Sponsored by Youth Speaks and the Sexual Minority Alliance of Alameda County. 834-9578. www.smaacyouthcenter.org 

Shabbat Potluck Share the joy of Shabbat at a festive Shabbat potluck for singles, ages 30 through 40, at the Berkeley Richmond Jewish Community Center. Please RSVP to 839-2900, ext. 208.  

Kol Hadash the Bay Area’s only Jewish Humanistic Congregation meets at 7:30 p.m. for Shabbat at the Albany Community Center, 1249 Marin Ave. 428-1492. www.kolhadash.org 

SATURDAY, JUNE 26 

Berkeley Fire Station Open House from 1 to 4 p.m. at Station 1, 2442 8th St. Tour the station, see a safety presentation, and historical display and enjoy hot dogs and cake. Families and children especially welcome. 981-5506. 

Meet the Locals at the Little Farm in Tilden Park from 10 to 11:30 a.m. Learn about these helpful animals while helping out by mucking out the pens, collecting eggs, and even grooming a goat. Wear boots and prepare to get dirty. For ages 6 and up. 525-2233. 

Floral Foray at Tilden Nature Center from 2 to 3:30 p.m. for all ages. Come on down to relax and smell the flowers. We’ll go on a short walk around the nature center and Little Farm to discover flower anatomy, names and their role in nature. 525-2233. 

Introduction to Permaculture Energy Flow, Pattern Observation and Design. A workshop with Bear Kaufman and Salvador Velasco from 10 a.m. to 1 p.m. at the Ecology Center, 2530 San Pablo Ave. Cost is $10-$15. 548-2220, ext. 233. www.ecologycenter.org 

San Pablo Creek Watershed Plan Workshop Participate in a community plan to protect, en- 

hance, and restore San Pablo Creek, its tributaries, and natural resources. Includes children’s environmental education. From 10 a.m. to noon in San Pablo. 231-9566. 

The Water Garden Learn how to design and maintain a water garden at 10 a.m. at Magic Gardens Nursery, 729 Heinz Ave. 644-2351. www.magicgardens.com 

Latin American Cuisine at the Berkeley Farmers’ Market, Center St. at MLK, Jr. Way. Chef demonstrations and presentations starting at 11 a.m. 548-3333. www.ecologycenter.org 

Walking Tour of Old Oakland around the restored 1870s business district. Meet at 10 a.m. in front of G.B. Ratto’s at 827 Washington St. Tour lasts 90 minutes. For reservations call 238-3234. 

Vocal Jazz Workshop with Richard Kalman from 12:30 to 2:30 p.m. followed by jam session, at the Albany Community Center, 1249 Marin Ave. 524-9283. 

“Jews of the Sephardic Eastern World” with Rabbi Sherwin Wine, founder of Humanistic Judaism, on Sat. and Sun. at the Albany Community Center, 1249 Marin Ave. Cost is $100 plus $8 for lunch. To register call 415-543-4595.  

“You can be a Woman Moviemaker” with Maureen Gosling at 7 p.m. at Belladonna, 2436 Sacramento St. 883-0600. www.belladonna.ws 

SUNDAY, JUNE 27 

Guided Trails Hiking Challenge at Tilden Park’s Inspiration Point from 10 a.m. to 3 p.m. Wonderful views to the east and west will reward you as we hike along the ridge. Pack your lunch; we will eat at the half-way point. Registration required. 525-2233. 

Wet and Wild Water for all ages. Join us for a morning of water discovery, as we tour the watershed, conduct water experiments, and maybe even play in it, if the weather’s hot. From 10:30 a.m. to noon at Tilden Nature Center. 525-2233. 

“Kick-off” Event for Ride the Revolution 2004 A cycling adventure benefiting disabled athletes, from 6 to 8 p.m. at Berkeley Ironworks, 800 Potter St. at 7th St. Featuring disabled and non-disabled cyclists, and other disabled athletes including the winners of the National Junior Wheelchair Basketball Championship. www.borp.org 

Spiral Gardens Celebrates Its Grand Opening from 2 to 6 p.m. at the corner of Sacramento and Oregon Sts. Activities will include food, music, words from George Galvis, Latino and native community activist and leader, garden center tours, and creative ways to get involved with Spiral Gardens. 843-1307. 

Berkeley Music Ensemble on Mt. Tamalpais and Walk Join Solo Sierrans for a jaunt to the Alpine Club on Mount Tam for a concert, from 12:30 to 4:30 p.m. Cost is $12. For reservations and to arrange carpools call 524-1090. 

Bay Area Negro Spirituals Heritage Keepers Day Spirituals heritage and some of its contemporary keepers will be honored from 2:30 to 5:30 p.m. at the West Oakland Senior Center, 1724 Adeline Street, Oakland. 

Campaign to Ban Electro- 

shock Treatments with Lee Coleman, MD, and Ted Chbasinski, JD at 2 p.m. at Berkeley Main Library, 3rd flr. meeting room. Part of a series on Critical Perspective in Psychiatry. www.mindfreedom.com 

Berkeley City Club free tour from 1 p.m. to 4 p.m. Sponsored by the Berkeley City Club and the Landmark Heritage Foundation. Donations welcome. 2315 Durant Ave. For group reservations call 848-7800. 

“Venezuela,” a film presentation at 9:30 a.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Road, Kensington. 525-0302.  

Tibetan Buddhism with Robin Caton on “Meditation for Ease and Clarity” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

MONDAY, JUNE 28 

“Why You Should Give a Damn about Gay Rights and Marriage” at 7 p.m. at the Rockridge Branch of the Oakland Public Library, 5366 College Ave. Sponsored by the ACLU, Paul Robeson Chapter. 846-4195. 

Baby Yoga at 11 a.m. and Yoga and Meditation for Children at 2:45 p.m. at Belladonna, 2436 Sacramento St. 883-0600. www.belladonna.ws 

Fitness for 55+ A total body workout including aerobics, stretching and strengthening at 1:15 p.m. at the South Berkeley Senior Center. 981-5170. 

Berkeley CopWatch organizational meeting at 8 p.m. at 2022 Blake St. Join us to work on current issues around police misconduct. 548-0425. 

TUESDAY, JUNE 29 

Return of the Over-the-Hills Gang explore Wildcat Canyon. Hikers 55 years and older who are interested in nature study, history, fitness, and fun are invited to join us on a series of monthly excursions exploring our Regional Parks. Meet at 10 a.m. at the staging area off of Park Ave. in Richmond. Registration required. 525-2233. 

Birding by Bicycle at the MLK Shoreline, Arrowhead Marsh. Now that the migrants are gone, see who stayed behind to raise their babies. We’ll look for Clapper Rails at the pier, then ride around the marsh to search for elusive owls. Bring your bike and a helmet. Meet at at 4 p.m. in the last parking lot, by the observation deck at the end of the driveway off Swan Way. Phone 525-2233 for information or to reserve binoculars. 

“Stop the War on the Black Community” at 7 p.m. at The Fellowship of Humanity, 390 27th St. 393-5685. 

 

“Israel/Palestine: How to End the War of 1948” with dissident Israeli author Tanya Reinhart at 7:30 p.m. at St. Joseph The Worker Church, 1640 Addison St. Tickets are $20. Benefit for Jewish Voice for Peace and International Solidarity Movement. 465-1777. www.norcalism.org or www.jewishvoiceforpeace.org  

“Report from Israel” An evening with Marcia Freedman, former Knesset member and national president of Brit Tzedek V'Shalom, Jewish Alliance for Justice and Peace, at 7:30 p.m. at Berkeley Richmond Jewish Community Center, 1414 Walnut St. Co-sponsored with Brit Tzedek V’Shalom. Cost is $5. www.brjcc.org 

Organic Produce at low prices sold at the corner of Sacramento and Oregon Streets every Tuesday from 3 to 7 p.m. This is a project of BOSS Urban Gardening Institute and Spiral Gardens. 843-1307. 

Yosemite Day Hikes and Backpacking A slide presentation with Ann Marie Brown at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

Phone Banking to ReDefeat Bush on Tuesdays from 6 to 9 p.m. at Cafe de la Paz, 1600 Shattuck Ave. Bring your cell phones. Please RSVP if you can join us. 233-2144. dan@redefeatbush.com 

Berkeley Camera Club meets at 7:30 p.m., at the Northbrae Community Church, 941 The Alameda. Share your slides and prints and learn what other photographers are doing. Monthly field trips. 548-3991. www.berkeleycameraclub.org 

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. Mary Ellen Taylor from the FDA will speak on food safety. We offer ongoing classes in exercise and creative arts, and always welcome new members over 50. 845-6830. 

Tuesday Tilden Walkers We are a few slowpoke seniors who walk between a mile or two each Tuesday, meeting at 9:30 a.m. in the Little Farm parking lot. To join us, call 215-7672 for information or check our web page, http://home.comcast.net/~teachme99/tildenwalkers.html or email teachme99@comcast.net 

Families Dealing with Dementia A workshop offered by Mercy Retirement & Care Center at 5:30 p.m. at 3431 Foothill Boulevard in Oakland. 534-8547, ext. 660. www.mercyretirementcenter.org 

WEDNESDAY, JUNE 30 

Walk Berkeley for Seniors meets every Wednesday, rain or shine, at 9:30 a.m. at the Sea Breeze market, just west of the I-80 overpass. Everyone is welcome, wear comfortable shoes, sunscreen and a hat. 548-9840. 

Downtown Oakland Walking Tours every Wednesday and Saturday at 10 a.m to 11:30 a.m. Discover the changing skyline, landmarks and churches. For details on the different itineraries call 238-3234. www.oaklandnet.com/wallkingtours 

“Local Futures” films on golablization and theories of development, at 7 p.m. at the Fellowship of Humanity, 390 27th St., Oakland. 393-5685. 

Bayswater Book Club Monthly dinner meeting at 6:30 p.m. at Liu’s Kitchen, 1593 Solano Ave. We will discuss “The Jesus Mysteries” and “Jesus and the Lost Goddess.” 433-2911. 

Fresh Produce Stand at San Pablo Park from 3 to 6 p.m. in the Frances Albrier Community Center. Sponsored by the Ecology Center’s Farm Fresh Choice. 848-1704. www.ecologycenter.org 

Fun with Acting Class every Wednesday at 11 a.m. at the North Berkeley Senior Center. Free, all are welcome, no experience necessary.  

Berkeley Peace Walk and Vigil at the Berkeley BART Station, corner of Shattuck and Center. Vigil at 6:30 p.m. followed by Peace Walk at 7 p.m. www.geocities.com/vigil4peace/vigil 

THURSDAY, JULY 1 

Berkeley Lab’s Environmental Restoration Program at 5:30 p.m. at the Planning Dept., 2118 Milvia St. 1st floor conference room. Dr. Iraj Javandel will present an update on the Lab’s soil and groundwater cleanup activities being done with the oversight of the California Dept. of Toxic Substances Control. For more information see www.lbl.gov/community 

“Unreliable Truth: On Memoir and Memory” with Maureen Musdock at 7 p.m. at Belladonna, 2436 Sacramento St. 883-0600. www.belladonna.ws 

Berkeley Farmer’s Market with all organic produce at Elephant Pharmacy parking lot, 1607 Shattuck Ave., at Cedar from 3 to 7 p.m. 548-3333. www.ecologycenter.org 

Tea Dancing and Dance Lessons with Barbara and Jerry August from 2 to 4 p.m. at the Hillside Club, 2286 Cedar St., Cost is $5, includes refreshments. 925-376-6345. 

FRIDAY, JULY 2 

West Coast Contact Improvisation Dance Festival, with five days of classes, discussions and jams at 8th St. Studios. Cost is $350 for a 5-day pass, or $75 per day. For information call 415-789-7677. www.wccif.com 

Berkeley Chess Club meets Fridays at 7:15 p.m. at the Berkeley City Club, 2315 Durant Ave. Players at all levels are welcome. 652-5324. 

Women in Black Vigil, from noon to 1 p.m. at UC Berkeley, Bancroft at Telegraph. wibberkeley@yahoo.com 548-6310, 845-1143. 

Meditation, Peace Vigil and Dialogue, gather at noon on the grass close to the West Entrance to UC Berkeley, on Oxford St. near University Ave. People of all traditions are welcome to join us. Sponsored by the Buddhist Peace Fellowship. 655-6169. www.bpf.org 

Overeaters Anonymous meets every Friday at 1:30 p.m. at the Northbrae Church at Solano and The Alameda. Parking is free and is handicapped accessible. For information call Katherine, 525-5231. 

ONGOING 

Vista College Study Abroad in Mexico Live with a family and learn language skill in a two-week session in July in Guadalajara. For information please call 981-2917 or visit www.peralta.cc.ca.us/interntl/studyabr.htm. 

Berkeley Video and Film Festival is calling for entries. The deadline for last call is July 10. For information please call 843-3699. www.berkeleyvideofilmfest.org 

Luna Kids Dance Summer Camp for ages 9 - 13, from July 12 - 16. For information call 644-3629. www.lunakidsdance.com 

Interesting Backyards Do you have a really cool backyard project or unusual sustainable living practice that you’d like to share with others in the East Bay? Consider becoming a stop on the 5th annual Urban Sustainability Bike Tour on Saturday, July 31. Past sites have included features such as graywater systems, chicken coops, bee hives, solar installations and permaculture gardens. For information call Beck at 548-2220, ext. 233. 

www.ecologycenter.org 

Summer Reading Games at the Albany Public Library, through August 14th. For information call 526-3700. 

Medical Care for Your Pet at the Berkeley East Bay Humane Society low-cost veterinary clinic. 2700 Ninth St. For appointments call 845-3633. www.berkeleyhumane.org  

Radio Summer Camp, four day sessions through Sept. 6. Learn how to build and operate a community radio station. Sponsored by Radio Free Berkeley. 625-0314. www.freeradio.org 

CITY MEETINGS 

Parks and Recreation Commission meets Mon., June 28, at 7 p.m., at the North Berkeley Senior Center. Deborah Chernin, 981-6715.  

www.ci.berkeley.ca.us/commissions/parksandrecreation 

Solid Waste Management Commission Mon., June 28, at 7 p.m., at 1201 Second St. Becky Dowdakin, 981-6357. www.ci.berkeley.ca.us/commissions/solidwaste 

Community Environmental Advisory Commission meets Thurs., July 1, at 7 p.m., at 2118 Milvia St. Nabil Al-Hadithy, 981-7461. www.ci.berkeley.ca.us/commissions/environmentaladvisory 

Housing Advisory Commission meets Thurs., July 1, at 7:30 p.m., at the South Berkeley Senior Center. Oscar Sung, 981-5400. www.ci.berkeley.ca.us/commissions/housing 

Public Works Commission meets Thurs., July 1, at 7 p.m., at the North Berkeley Senior Center. Jeff Egeberg, 981-6406. www.ci.berkeley.ca.us/commissions/publicworks 

ª


Opinion

Editorials

EDITORIAL: Kerry: The New Clinton?

Becky O’Malley
Tuesday June 29, 2004

The back page cartoon in a recent New Yorker showed a Kerry campaign rally. The candidate was standing at a flag-draped podium with Kerry banners above. In the foreground, also at the podium and looming large enough to dwarf the candidate, who was reduce d to peeking out from behind, was a grinning Bill Clinton. 

The triumphal Clinton book tour is scheduled to hit Berkeley today (Tuesday). Cody’s Books is being very coy about tickets, annoying a few patrons who have complained to us, not that we cut any i ce at Cody’s, which didn’t even advertise the event in the Planet. There’s a palpable aura of fond nostalgia for the Clinton era in Bay Area coverage to date. 

In Berkeley some people are indeed excited to think that the great man will be among us. Others are not. Berkeleyans are proud that we’re the home of MoveOn.org, one of the few sensible voices during Clinton’s impeachment melodrama. The basic MoveOn stance was that Clinton deserved censure, and after that the country needed to move on to other matt ers. No flash, no posturing, just get on with it.  

Many of us think “move on” is still a good way of dealing with Clinton and his legacy. We get edgy when we read that Kerry seems to be returning to the ineffectual politics of the Democratic Leadership C ouncil, which Clinton originally fronted for. For example, Robin Toner in the DLC’s favorite mouthpiece, the New York Times, said this in a front page article last week: “Bruce Reed, president of the Democratic Leadership Council and a longtime Clinton ai de, fretted openly during the heyday of Howard Dean last year that the party was moving to the left. Today, Mr. Reed describes Mr. Kerry approvingly as ‘a pragmatic centrist in the Clinton mode.’” 

In Berkeley, home of major support for Dean and even Kuci nich and (god forbid) Nader, this is not the good news. We held our collective nose during the impeachment proceedings because the alternative seemed worse, but in the long run we got a worse alternative anyway, George W. Bush. It doesn’t help that Al Gor e, the DLC’s anointed successor to Clinton, won the election but couldn’t manage to fight for the presidency, partly because his DLC-type supporters were muttering in the background that it’s dangerous to make waves.  

Still, Kerry is not Gore, and not Cl inton, and thank goodness. He’s probably as much of a stick as Gore, but those of us who remember both of them during the Vietnam War still admire Kerry’s stiff-necked courage. He denounced the government’s policy in a way that Gore, also a veteran who kn ew things were going wrong, never did.  

Kerry certainly lacks Clinton’s sex-tinged charisma, which in the current climate is no loss at all. The bad timing of Clinton’s book tour is a characteristically unattractive manifestation of the still insecure po orboy’s lust for attention, which (not sex) is really what got him into bed with Lewinsky and her predecessors in the first place. Lust for money—old-fashioned greed—might also play a part in his decision to tour now. We hope that perhaps Kerry doesn’t ne ed to be so greedy, given his enormous personal wealth, though wealth hasn’t prevented Bush and Cheney from wanting more. 

But really, how do we know who these men are, or what they stand for? Political commentary in America today is not a comparison of t he policy positions of would-be leaders, because it’s increasing difficult to know what they stand for, even after the fact. We’re reduced to amateur psychologizing with little data. Our images of candidates are little more than magic lantern slides, pict ures painted on glass and faintly projected on walls. About all we can do is evaluate the image of himself that Kerry chooses to display: an upright New England Yankee-Catholic, no nonsense, no fooling around. But at least that image, these days, contrast s favorably with the residual image of the loud, randy good-ol’-boy which is still the shadow Bill Clinton casts on the wall. It seems to have been too much to ask, but the country would have been better served if Clinton had been able to wait until after the election to do his self-promotion.  

 

—Becky O’Malley›


Threats and Intimidation

Becky O’Malley
Friday June 25, 2004

A couple of weeks ago metropolitan papers carried a story about a North Beach incident in which a gallery owner reported that she had been spat on (punched in the face in some accounts) because her shop window displayed a painting derived from photographs, which depicts in graphic comic-book style the abuse of Iraqi prisoners by U.S. military. The painter was a fairly well-known Berkeley figure, and we intended to report on the incident or perhaps comment on it in this space, but we never got around to it. 

Boy, are we glad we didn’t! If you believe the bloggers, and that’s never completely wise, a stew of controversy about what actually happened and why has been brewing ever since. Of course, the usual assortment of Internet foulmouths have denounced the painter for anti-American sentiments, which prompts the usual suspects, us among them, to defend his right to express his views, and to support his depiction of torture as being revolting. 

But some bloggers point to the gallery owner’s previous role in controversial lawsuits, and hint strongly that something is not right about the reported occurrence. A self-described witness claims that the artist tried to make television reporters shut off their cameras at a hastily organized supportive rally in front of the store. The word “hoax” has appeared on some sites, not all of them of the hyper-patriotic persuasion. We have no way of knowing what’s true and what’s false, since there were no witnesses to whatever happened. 

What we do know is that the painter has chosen an unfortunate way of trying to protect himself from the consequences of having his work displayed as it was. The Daily Planet, which had never reported on the incident or commented on it in any way, received this “URGENT MESSAGE TO THE PUBLISHER” from him this week: 

“I have an urgent legal concern that my address not appear on the web. I find that I can locate my address on the Planet site at [web link omitted]. Please act quickly to remove my address from your website so that it will not appear in search engine results pages. If necessary I will seek legal assistance to get this done.” 

The web link he included didn’t work, but by googling his name we found that the Planet, under its previous ownership, had twice put listings of shows at his Berkeley gallery in its arts calendar. The search also turned up many other references to him, and quite a few mentions of his gallery’s address in various contexts. Because of technical problems having to do with the change in ownership, we don’t really know how to remove old data from the archives that we inherited, and we told him that. We also told him that we weren’t impressed by his threat of getting “legal assistance,” based on our knowledge of the First Amendment. 

Big mistake. He seems to have found himself a lawyer who (a) disagrees with our legal analysis and (b) is willing to make extra-legal personal threats in case his analysis is wrong. We got an e-mail letter from a San Francisco lawyer who claims to represent him, saying in part that the painter “has received threats against himself and his family and, for that reason, wants to minimize the availability of information as to his whereabouts to those who might do harm to him or his family.” The letter asks us to “delete any references to him or links to his location” and goes on to say that “should he receive any threats, or should any harm come to him or his family, and the source of such misconduct be traced back to you, we shall not hesitate to bring all legal action, civil and criminal, that the law would permit against the Daily Planet and individuals there who did not cooperate in this request.” 

Whew! Heavvvy! Based on our knowledge of torts law, we’re pretty sure that leaving a two-year-old gallery listing in the archives of the old Planet’s arts calendar won’t expose us to much in the way of legal sanctions. But wait, there’s more. The lawyer goes on: “...alternatively, we can research your home addresses and publish them so that anyone who does not like what you are doing can know where to find you and your family. How does that sound?” 

That sounds like a personal threat to me, and it’s disgraceful. It’s been 25 years since I passed the ethics part of the State Bar exam, but I bet that kind of personal threat is still against the rules. The artist is doing his credibility no good by hiring someone who writes letters like that. Needless to say, the Planet would be wise never to publish the painter’s name (Guy Colwell) or list his local gallery again, just to be on the safe side. (Small sacrifice. I’ve never liked his work anyway, politics aside.) 

But the public does need to be protected from the lawyer, whose name is David M. Zeff, and who’s listed in the San Francisco directory. I hope the State Bar takes notice of this behavior, and at least raps his knuckles for such inappropriate bullying.  

 

—Becky O’Malley