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New: Meeting with Visitors from Okinawa and Berkeley City Council Members and Members of the Asian-American Community

from J.George Lippman, Chair, Peace and Justice Commission
Monday August 03, 2015 - 07:57:00 AM

On May 4, the City of Berkeley Peace and Justice Commission proposed a resolution in support of the people of the island of Okinawa, Japan.  

The intent of the resolution is to support the people of Okinawa in their strong, courageous fight against a proposed U.S. Marine base in Henoko and Oura Bay in Nago City on the northern coast of Okinawa. (The text of the resolution is attached separately.)  

This is a critical moment for the people of Okinawa in their fight against the very destructive US Base project. 

The proposed base would, according to Foreign Policy in Focus, have drastic ramifications: “it will destroy local marine life, pollute natural resources, and put residents in danger. Even more disturbingly, it reflects the long- term violation of Okinawans’ democratic rights—namely, their ability to set the policies that affect their lives;”  

The meeting will be an opportunity to learn directly from the Okinawan representatives about their people's struggles and their appreciation for Berkeley's support. 

The Nago city assembly adopted on June 30 a resolution expressing the assembly's appreciation for all international support including the Berkeley Peace and Justice Commission's resolution for Okinawa's struggle against the military base construction in Henoko and Oura Bay in Nago. Takuma will present a copy of the resolution to the Council at the meeting. 

When: TODAY, Monday, August 3, 1 PM 

Where: Cypress Room, First Floor, 

City Administration Building, 2180 Milvia Street, Berkeley 

 

Okinawa delegation: 

1. Takuma Higashionna, a member of the Assembly (or City Council) of Nago City, Okinawa, Japan (population: 62,659) 

2. Edo Heinrich-Sanchez, a member of the U.S. Veterans for Peace and an environmentalist living in Okinawa  

3. Mr. Toma, a frequent participant/presenter at UN indigenous people related events. He will be interpreting for Takuma. 

 

 

George Lippman, Peace and Justice Commission Chair 

Mary Nicely, Peace and Justice Commission Member and host of the meeting 


To Plan or Be Planned: A Conflict of Interests (Public Comment)

Steve Martinot
Sunday August 02, 2015 - 09:58:00 PM

It has been said, in the Berkeley city council, as a statement of policy, that the planning department will allow neighborhoods and individuals to have input into the overall plan for the San Pablo Ave. corridor (and similarly for the other development zones in Berkeley), but that neighborhood residents won’t be able to participate in planning specific projects or buildings. Abstract planning is available to the people, but site-by-site planning is not.. 

Regardless of whether such a policy is legitimate or not, in a democracy it is just plain wrong. 

It is not only wrong because it represents an inherent injustice. It is wrong because it demonstrates the degree to which the city council will take one side of a conflict of interests, where it should seek to balance thoses interests. Not to do so, to give them lipservice without practical effect, creates hierarchy. The interests in conflict here, to the point of incommensurability, are those between the neighborhoods and the developers. 

Corporate interests and their outcomes

The developers’ main interest is to build buildings with a high recapitalization potential – that is, buildings that will bring a high resale price. Recapitalization will be greater if the building has high income rental units, or high condo prices, or is part of a general process of gentrification. As rent levels rise, as property values rise, as more high income buildings are built nearby, a buildings’ recapitalization potential increases. 

At the beginning of a development project, capital outlay goes for the purchase of property and construction. The greater the difference between that original outlay and the buildings subsequent recapitalization value (whether construction is finished or not), the higher the profit for the developer. The desire to maximize profit then determines two factors. First, the site desirable for the project will be a low income neighborhood real estate values will be lower there. And second, the developer will want to maximize the number of high income units (rental apartments or condos), thus maximizing the property’s income potential. An ancillary effect will be to foster construction of other high income buildings nearby, as a further increase in its real estate value (gentrification). Low original costs, high income value, and high resale value all contribute to maximization of profit. 

Thus, corporate development puts enormous pressure on cities to permit the building of high income multi-unit residences in low income neighborhoods. The fact that low income neighborhoods are generally found around major transit corridors, such as San Pablo Ave., has to do with changes in urban economies since World War II. Those who can afford to live in less industrial areas will do so, and low income and working people end up in the more industrial areas. It is thus that a variety of urban neighborhood cultures have developed. 

What the development planned by corporate developers (and Plan Bay Area) will do is change the class character of these major transit corridor neighborhoods, replacing industrial and commercial establishments, and bringing in higher income people. One immediate effect will be a rise in commercial rents. Higher rents will drive small stores that cater to a working class clientele out of business, and stores that cater to a wealthier clientele will take their place. The commercial and cultural infrastructure that low income and working class people depend on will be eroded, life will become more difficult and expensive, and residents will face the need to move elsewhere. In effect, neighborhoods will be destroyed (slowly, perhaps, but inexorably). 

Thus, corporate development in its own interest will change neighborhood demographics to satisfy itself. Money will be made by those who have money to invest, diversity will be lost, and entire urban cultures decimated. A recent example was the destruction of the West Oakland neighborhood as a major center of African American culture with the construction of BART along 7th Street. 

Community interests and their desires

The community’s interests are for stability, growth with balanced diversity (maintaining a variety of classes, generations, and cultures), and an ability to represent and satisfy their political interests for themselves. 

  • Stability means that the social situation and the commercial infrastructure for low income and working class life of the neighborhood remains intact, though not static. This means that the commercial establishments that low income people frequent, such as grocery stores, hardware stores, cafes, restaurants, bars, novelty stores, and the like, can stay in business. Though clothing or furniture, etc. may be cheaper in malls, for daily life’s needs, low income people need closer access.
  • Growth means that affordable housing and employment are provided to accommodate increases in the population of young people, low income people, and the elderly. Without employment, neighborhoods face impoverishment. Without affordable housing for these groups, new employment will locate elsewhere. As people then relocate (generally under duress), community dissolves.
  • Representation means that the interests of neighborhoods are defended and advanced in city council. In the absence of a council that represents the real interests of the neighborhoods, their interests lie in organizing assemblies for themselves that can discuss and defend the community’s interests, and act in the city to advance those interests.
Right now, none of these real neighborhood interests (preservation of neighborhood infrastructure, affordable housing, growing employment, and representation) are being met. Stability is threatened by development. Growth of an upper class demographic imposes a change in demographic that will force people out of the neighborhood. And current representation trades away attention to real neighborhood needs for potential city income from upper class buildings. The interests of developers and neighborhoods are thus in real conflict. 

The problem with representationism

Part of the problem with representationism is that human constituencies remain abstract for city council members, as opposed to corporate developers who represent themselves with concrete proposals and concrete money. When developers and the city get too close, you get things like balcony collapses. 

For a representative, constituencies remain abstract because each electoral district contains many different groups and interests, with different needs. Because one person can’t advance all at once, the diverse constituency simply becomes an idea. Because the constituencies represented are abstract, the city council becomes an autonomous political body making its own decisions. The effect of this is that when there are real issues, constituents have to come to the council to inform them of their real needs and of what they need the council to do. If the council was truly representative of the various interests in the city, people wouldn’t have to do that. 

In addition, because neighborhood people have not organized their own assemblies in which to discuss issues and policies, or how to resolve them, they have little of a tangible character for a representative to represent. If such assemblies existed, and people decided issues among themselves, a representative would have something concrete to represent. A representative who took this seriously would have organized such assemblies. But none have. 

This is the major political incommensurability between developers and neighborhoods. The neighborhood residents have to come to a meeting to make their needs known, while the developers come to officials and money with plans and money. The people ask for representation, and the developers ask for permits and licenses. The developers have the plans and come to the city for facilitation. The neighborhoods have needs and come to the city for plans. And the city adopts a policy that shuts them out of real planning. 

There is a new legal dimension to high income development

It would be unjust if private corporations simply disrupted community stability and changed its character for private interests. This would amount to a "disparate impact" on the part of development, something a recent Supreme Court decision has outlawed (as an extension of the Fair Housing Act of 1969). 

To guard against “disparate impacts” and the inequitable tranasformation of communities that would result, the incommensurability between corporate developer profit and neighborhood survival infrastructure would have to be resolved. That would mean bringing the two together at negotiating tables at all levels of planning. In other words, the best and most efficient way for the city to guard against violating the law now would mean making space for representatives of neighborhood assemblies at the planning tables, at all levels. 

Neighborhood participation would be able to establish how development could be a positive addition to the community, while minimizing detrimental effects. Neighborhood negotiators could protect already existing affordable housing units from being demolished. They could protect those commercial establishments that are essential to their infrastructure. They could bring to the planning process how many affordable housing units the community needs in addition to what it has. And these negotiators would have this information to bring to the table because of the discussions that would have occurred in the neighborhood assemblies. In short, neighborhood negotiators participating in the planning of each development site can point out what will be lost in terms of commercial infrastructure, affordable housing, and representation, and propose modifications of the plan. In this way, neighborhood representatives can protect the city against negative effects from development project that would have “disparate impact.” 

On the other hand, without that, gentrification will take the form of invasion of the neighborhood, which would be both undemocratic and unjust. 

The issue of representation

The system of representation that we have today is false representation. The fact that a neighborhood has to bring large numbers of people from the community to council meetings in order make their case before the councilmembers signifies that they do not have a councilmember who can make their case for them. That is, they have no representation unless they represent themselves. Though a council member is elected to represent the people, the people still have to represent themselves on top of that. This is unjust. 

There are two forms of representationism. One is where there are elections first, and the elected delegates make political decisions (this is the one we’ve got). The other is where people make decisions and policies for themselves in local discussions and dialogues, and then elect delegates to represent those decisions. The first is abstract, and the second is real. 

In the first kind, a council member is elected in a popularity contest called a "campaign," in which the candidate attempts to make a case for “vote-for-me” on the basis of past record and ideas for future actions. The candidate is saying “vote-for-me because of what I think” rather than “I am running because of what you think.” The second is not a possibility until people in the neighborhoods start getting to gether to discuss what they think, need, face, and want. Then, the candidate can represent them. Without that, no candidate can. 

But if there are such discussions, then the obvious person to represent the assembly or the constituency would be someone from within the discussion process. S/he wouldn’t have to say “vote-for-me” because everyone would already know how s/he understands what the assembly has accomplished. 

Conclusion

Gentrification will produce the destruction of existing neighborhood stability through growth of an upper class demographic, a shift in class composition and votes, a loss of an affordable commercial infrastructure, and a probable loss of affordable housing. 

We already see this shift in character in the fact that Berkeley will soon be without a hospital. To think that is not connected directly to the growing gentrification of the city, the shift in population class characteristics, and the fact that the wealthy have greater mobility, is to refuse to see the forest for the trees. 

To the extent the council does not permit the neighborhoods to participate in site-by-site planning, it is putting itself at the service of the corporate developers. 

This shouldn’t mean that high income people be excluded from neighborhoods. It is the developers that have to be held in check if they are not to act to the detriment of what the lower income residents of the neighborhood need for their survival. 

In sum, the neighborhood interests that residents need to defend for themselves because they do not have representatives who will defend these interests are: 

  • That commercial establishments the community depends on do not get demolished.
  • That existing affordable housing does not get demolished.
  • That the growth of habitable space and housing units occur in response to human needs and not a result of computer projections by distant planning agencies (like ABAG).
  • That any addition to a community, in order to be an addition and not an invasion, must take account of and enhance the stability of the neighborhood with respect to commercial character, social services, rent levels, real estate values, and traffic and parking patterns.


Re: Bogus Traffic Stops--Talking about Race (Public Comment)

Osman Vincent
Sunday August 02, 2015 - 09:37:00 PM

Putting Becky’s editorial on “Bogus Traffic Stop” into a larger context:  

First, I would suggest people read a very thought provoking speech by a black minister to a white congregation about racism: http://www.huffingtonpost.com/john-metta/i-racist_b_7770652.html

Second, I would suggest watching the short but powerful TED talk by Alice Goffman about how we're priming some kids for college — & others for prison. http://www.ted.com/talks/alice_goffman_college_or_prison_two_destinies_one_blatant_injustice

Third, I would suggest people get and read “The New Jim Crow” book by law professor Michelle Alexander. Like a good lawyer, she extensively documents every step of her presentation. 

She traces racism in the United States historically, through a series of clear steps beginning with the very foundation of the country. The U.S. began with the belief that blacks were not people, and with the ideal of an eternal segregation. The Civil War was fought to preserve the Union, and freeing slaves was a tactical step very late in the war. Reconstruction was quickly gutted for political reasons, and was followed soon after by a fierce backlash, resulting in the original Jim Crow, complete with black codes, traditions, and often, forced labor. WWII lead to some small integration steps in the military, in interstate bussing, and in law schools. The Brown school desegregation decision had basically no effect for nearly a decade, until the Civil Rights Movement emerged. The reaction to this overdue progress was the creation of a “law and order” mantra, which evolved into a “War on Crime” under Nixon, and a “War on Drugs” under Reagan. Bill Clinton later vowed that nobody was going to be tougher on crimes than he was, which lead to what Michelle Alexander calls the “Age of Mass Incarceration.” 

We have all heard of driving while black, and walking while black. Michelle Alexander's second point is that research clearly shows that all races use and sell drugs at remarkably similar rates, and black communities want the protections provided by law enforcement as much as white communities. However, at every step, blacks are stopped, searched, arrested, prosecuted, convicted, and jailed at disproportionate rates. This has created a massive community of people excluded from housing, school aid, jobs, welfare, food stamps, military, professional licenses, etc. The federal inmate population has risen from 41,000 in 1980 to 500,000 now. If the Berkeley Police Drug Task Force really wanted to make drug arrests, they should focus on Telegraph Ave, the student dorms, and fraternities, where drugs are done in the open, not south and west Berkeley. 

In the third focus of her book, Michelle Alexander argues that the U.S. Supreme Court has also been influenced by "War on Crime" and "War on Drugs" rhetoric, and has progressively weakened the individual protections of the constitution by allowing random searches of schools, consent searches without notice of the right to refuse, pretext stops, nonsensical drug courier profiles, cash forfeiture, and militarization of the police. What is far less known is that the U.S. Supreme Court has immunized the entire legal and criminal justice system from claims of racial bias by essentially eliminating all litigation based on racial profiling. Today, cases based on racial profiling are no longer actionable. In essence, the racist has to admit that his actions were conscious and intentional for the case to be heard in court. A mere denial of being a racist, while using a racial profile along with other factors, is sufficient to avoid any court scrutiny. Also, only the government is empowered to enforce the Civil Rights Act, not individuals or Civil Rights groups. 

If I were born with a different color skin or in a different neighborhood without white privilege, my life would very likely have been very different.


BART Tube is Out This Weekend

Rachel Matsuoka (BCN)
Friday July 31, 2015 - 06:17:00 PM

Plans to head across the bay this weekend? Unfortunately, Saturday and Sunday commuters will have to count BART out as a transit option. 

BART will be halting service from its West Oakland Station to the Embarcadero station in San Francisco and vice versa all day this Saturday and Sunday for critical track maintenance, repairs, and upgrades. The West Oakland BART will also be completely closed during that time, according to BART officials. 

Closures will be in effect from the end of service on Friday, and Monday service is scheduled to resume as usual. 

BART officials estimate that approximately 80,000 riders who rely on BART to travel across the bay during the weekend will be affected. The California Highway Patrol said that motorists can expect more cars on the road and additional congestion throughout the Bay Area.  

The Oakland A's will be hosting two home games at the O.co Coliseum on Saturday and Sunday. A's officials are encouraging attendees to consider other modes of transit that will be available, including the ferries and the AC Transit bus service. In addition, the Oakland Art + Soul Festival and the 42nd Annual Nihonmachi Street Fair in San Francisco falls on this weekend, as well as the Oakland Jazz Festival in Hayward on Saturday.  

While transportation will be limited with the scheduled BART closures, other public transit routes are planning on accommodating their schedules to the BART closures. 

The San Francisco Bay Ferry will be doubling its usual weekend service on the Alameda/Oakland/San Francisco route and enhance service on the Vallejo/San Francisco route, according to San Francisco Bay Ferry officials. However, ferry riders are encouraged to arrive early and have alternate back-up plans as it is unknown what the rider volume will be, ferry officials said in a statement. 

BART will also be running a free AC Transit bus bridge between the 19th Street Bart Station in Oakland and the Transbay Temporary Terminal in San Francisco, which is a couple of blocks from BART's Embarcadero station, BART officials said. However, BART officials estimate taking the bus bridge will be one to two hours longer than the regular BART commute and that the bus bridge is intended only as a last resort for those with no other options.  

Access to the West Grand Avenue on-ramps to Interstate Highway 580 will be restricted to buses only, CHP officials said in a statement. 

The California Highway Patrol is encouraging motorists to plan ahead and allow for additional travel time or considering alternate routes that avoid the Bay Bridge or the San Mateo Bridge. This weekend, it will be important for drivers to ensure that vehicles have enough fuel in case of delays and that they are in working order, to prevent accidents and further delays, according to CHP. 

CHP officials also suggest that if a trip across the bay is non-essential that commuters reschedule their plans to another weekend.  

The Transbay Tube is also planning another scheduled closure Sept. 5-7, according to BART officials.


Berkeley’s Own Don Quixote

Diana Stephens
Friday July 31, 2015 - 09:20:00 AM

August 13, 2015, marks the 50th anniversary of the first issue of the Berkeley Barb. While there are still many “factions” among those who worked at the Barb, there is also a feeling of community. To honor the best aspects of the Barb, there will be a series of events to mark the occasion. Please visit www.berkeleybarb.net to find out where to enjoy the festivities.

 


You can learn a lot about a person from their obituary and I’ve found ten of them for Max Scherr, the publisher of the west coast’s most popular underground newspaper of the 1960’s, the Berkeley Barb. All comment on Max’s contribution to the protest movements, several refer to his unique personal style with special attention given to his long-haired, unkempt appearance. A few mention his family. What is a consistent theme, however, is that Max was a very controversial person and people who knew him well had their own conflicting opinions about him. What is also clear, is that his belief in a free press led to many stories about individual freedoms and civil rights for all kinds of people, police brutality, government spying, economic inequality, environmental concerns, and the legalization of drugs. The Barb was way ahead of its time. 

 

I interviewed Max’s oldest daughter Raquel, who is the designated family historian for her branch of the family. We met at her home in north Berkeley, a quaint cottage nestled among several others that she had shared with her late husband. She inherited her father’s bound copies of the Barb, as well as his passion for Leftist politics. Raquel’s relationship with her father was, however, complicated, as Max left his wife and their three daughters children to take up with a young woman when Raquel was just a girl. So, while she defends her father ferociously against his many detractors, she harbors her own very personal resentments. 

There are certain facts about Max’s life that are generally agreed upon, and Raquel elaborated on them. Originally from Baltimore and trained as a lawyer, Max was forced out of town by “goons” after trying to organize taxi drivers. He rode the rails to California and then headed south into Mexico because he was told things cost less, a lifelong trait. There he met his wife Estella, but soon thereafter was drafted into the U.S. Army and served by following the troops into Normandy. After the war, Max relocated his family to the Bay Area, finally settling in Berkeley as a student working at the Bancroft Library. He lost that job, however, because he took offense when asked to sign the university’s mandatory loyalty oath, so instead of working on campus he opened a beer and wine bar called The Steppenwolf that served the bohemian crowd in Berkeley, and a few years later used the proceeds from the sale of that place to publish the Barb

Max had been concerned about social issues and civil rights for a long time before coming to California. In fact, the paper’s banner showed an image of a Don Quixote, which reflected his image of himself as a man on a mission to right the wrongs of society. The Berkeley Barb became a popular alternative source of information as Max’s writers covered the civil rights, labor rights, and anti-war protests much more sympathetically than the traditional press. His commitment to Leftist politics was well-established by the mid Sixties, although certain ethical questions arose from time to time when his belief in freedom of speech and press delivered unexpected (and to many, unwelcomed) consequences. Max was not prepared when that true freedom of expression he longed for later evolved into sexist content in his paper, which in turn created unforeseen profits. 

My own interest in the Barb stemmed from the fact that I had first seen it when I moved to the Bay Area in 1972 at the age of thirteen. At that time, the Barb was primarily considered a pornographic paper, and entering my teens made me an avid “reader,” when I could get my hands on it. I remembered this a few years ago while doing research at the Berkeley Main Library and thought to ask to look at some old copies of the Barb. When I opened the first bound volume, which was published in 1965, there wasn’t anything even remotely risqué about the content. To the contrary, it was clearly a Leftist political newspaper dedicated to an anti-war and pro-civil rights agenda. Yet, five short years later T & A dominated the pages. I needed to know why this had happened. 

I sought out other people who had known Max and that led to an interview with Judy Gumbo Albert, who worked for the Barb selling their well-known classifieds, often referred to as “personals.” Judy was a student at Cal at the time, and much younger than Max so she viewed him as a smart and interesting old Jewish grandfather type because he was in his fifties. She freely acknowledges that Max could make a person feel special, like when he agreed to print one of her essays about the women’s movement, yet she also referred to him as a “total son of a bitch” because he entitled that article, “Why the Women are Revolting.” She was left to seethe while he reveled in his double-entendre. 

Max and the other editors at the Barb covered the marches, rallies, riots, love-ins and the alternative viewpoints that other news sources refused to offer. Gar Smith became Max’s peace beat reporter after participating in the Port Chicago vigil and standing trial in the San Francisco District Court. Gar wasn’t paid for his reporting, but his political messages were published weekly for months and that was worth a lot to these young idealists. Gar described Max as scruffy and earnest, sweet and gentle, a “genial provocateur.” He fondly remembers Max moving briskly down Telegraph Ave., quick to stop and engage with anyone who wanted to converse. Yet, Gar admitted to being clearly agitated after reading an expose on Max’s financial success in the late Sixties, saying, “We were risking our lives and Max has all this money and we’re not even being paid,” which in itself was clearly contrary to Max’s own sympathies with regard to labor rights. I don’t believe Max meant for his politically progressive paper to morph into a revolutionary weekly dominated by sex ads, but that is what the free press looked like within its pages. The Berkeley Barb was one of the first public outlets for suppressed urges among many people to express both their political views and sexual appetites. We could think of it as a precursor of the internet age. 

There have been many reports of Max’s miserly ways. It’s true that Max lived a very simple lifestyle and eschewed materialism, but he had an uncanny way of squirreling money away. John Jekabson worked for Max both early on in ’65 and ’66, and then again in ’68 after a stint with the Peace Corps. While John was an editor at the Barb and was paid accordingly, he described Max paying writers 50 cents an inch and making deductions for fractions of an inch. John assumed that because Max carried his cash around in a shoebox that he couldn’t have much money, and it never occurred to him that Max was putting money into personal bank accounts. However, the New York Times reported that by 1975, Max had contracted to give $250,000 to a trust that would support him for the rest of his life, leaving only his personal effects to his children. 

John also described a side of Max that others have only lightly touched upon. As mentioned earlier, around the time that Max sold The Steppenwolf and started publishing the Barb, he met a young woman, Jane Peters, and entered into an affair. Ultimately, he left his wife and children (though never legally divorced) to start a new life and family with Jane. When asked about their relationship, John described a few situations in which it was quite clear that Max had a large ego and a quick temper. Some of those situations occurred at the weekly dinner that Max hosted at his house after each week’s paper was sent off to the printer. Every Friday the staff would enjoy an evening off while Jane cooked for everyone and Max held court. One of those evenings Max had a special guest, the folksinger Phil Ochs who was enjoying a bit of celebrity at the time. Making a special effort, Jane prepared an artichoke soufflé, which just didn’t turn out well and was a disappointment for all, but for Max was just one more way in which Jane had proven herself lacking. He yelled at her, calling her horrible names and swearing at her in front of everyone. So while Max could be a charming, genial host, he also publically exhibited a certain disregard for his new, young “wife", who was also working with him on the Barb. 

Each person I have spoken to focuses on some aspect of Max that made the most impact for them, and as a result I have also found that Max’s family life was an important part of what made him so controversial. By the mid 70’s Max and Jane had split up, but there were no reliable laws in place to resolve the financial impacts of the dissolution of a marriage that was not official. Anyone who had been around long enough knew Max was married to Juana Estella and had four children with her (one died young in Mexico), and that he lived with Jane and their two daughters, Dove Shalom Scherr and Appolinaire Scherr. This situation evolved into a lawsuit deciding one of this country’s earliest modern family palimony lawsuits. It seems Jane’s case collapsed when Estella testified to always having been married to Max, while Max hid behind her skirts to avoid community property laws and child support. Estella would not voluntarily grant Max a divorce, but no one is exactly sure he asked for one either. At the same time, Jane (who to this day goes by the name Scherr) is usually referred to as Max’s second wife despite the lack of legal documentation, and of course, it was their “divorce” that caused such a ruckus, especially among feminist lawyers. 

Raquel was particularly defensive when the topic of Max’s lawsuit with Jane came up in conversation. Clearly biased, Raquel didn’t feel Jane should get any money aside from child support as she was never married to Max, and was especially angry about how some feminists used Jane and Max’s relationship to establish legal precedents benefitting common law families. She felt it was ironic that Jane and the lawyers (Doris Bryn “Dobby” Walker for Max and Faye Stender for Jane) were fighting over the profits derived from sex ads that they expressly hated. Frankly, there was no need to worry. It seems in the end, the only people whoever benefitted from the profits made at the Barb were attorneys, and to some degree, Max himself, although his modest lifestyle quickly dispels any notion that he fully took advantage of it. And a reliable source says that Faye Stender in the end took only $5000 for her work. 

Max Scherr was full of contradictions, and he fought many battles that have yet to be won. He was not the only person trying to define the new morality of that age, but he did tilt his lance toward many windmills more visibly than most. So while his friends and acquaintances would comment on his Leftist leanings and commitment to freedom of speech, some criticized his reputation as a “capitalist bloodsucker,” and would question his exploitation of women in his paper. Often as not, these contradictory comments came from the same person. 

 

 

 


Editor’s Note: Jane Scherr declined to be interviewed by the author, but I have talked to her myself and added a few corrections from her perspective to the story. 

 

 

 

 


Opinion

Editorials

Bogus Traffic Stops Are Everywhere--Even in Berkeley

Becky O'Malley
Friday July 31, 2015 - 01:09:00 PM

Stories about African-Americans slain after traffic stops continue to proliferate. Is this a new phenomenon? No, of course not, just new video technology which is finally preventing some police officers from getting away with murder some of the time.

Let’s, for the moment, leave out the killings which were over-reaction to calls about people having mental or drug-induced breakdowns, cases of mistaken identity, or excessive use of force by a policeman making a lawful arrest.

Let’s just consider the number of Black people all over this country (and in the whole European-descended world where African descendants also live) who are stopped on trumped up traffic charges just because of what they look like, because the people in power, sometimes consciously or even more often subconsciously “feel threatened” when they see a dark face. It happens all the time, it happens everywhere, and sometimes it has murderous consequences when the arresting officer panics.

And yes, it even happens in Berkeley. Late last January a young Black guy, Berkeley resident LaMonte Earnest, a Coast Guard veteran who has worked for the U.S. Postal Service for almost ten years as a mail carrier, was on his way home from accompanying his pregnant wife for a sonogram. Heading southbound on San Pablo, he wanted to go east on Dwight Way.  

His attorney’s account can take it from here: 

“He was the third car back in the dedicated left-turn lane, with his left turn signal activated. The left turn arrow was red. The median on San Pablo Avenue is lined with bushes. 

“The left-turn arrow turned green, and he followed the cars in front of him and made the left turn onto Dwight, driving eastbound. As he turned, he observed an unmarked police vehicle stopped in the far right-hand lane, westbound on Dwight Avenue, about to turn right onto San Pablo. Mr. Earnest looked at the driver of the police vehicle, who then made eye contact with Mr. Earnest. Mr. Earnest proceeded the two blocks east to Mabel Street, and turned right. He drove one more block to his home, and as he pulled over in front of his house, the police vehicle suddenly appeared behind him, with its lights activated. 

“Notably, based on the police vehicle’s position when Mr. Earnest first observed it, driving in the opposite direction from Mr. Earnest’s home, the officers must have driven very quickly through a residential neighborhood, driving at least two more blocks than Mr. Earnest, in order to catch up with him. 

“The officers who conducted the stop, Ofc. Kelvin Gibbs (#140), Ofc. Kevin Kleppe (#115) and Ofc. Jason Collier (#75), were part of the Berkeley Police Special Enforcement Unit Drug Task Force. The three officers, dressed in all black tactical uniforms, exited the vehicle and took defensive stances, one at each of the front windows, and another at the back, around Mr. Earnest’s vehicle. They had their hands on their gun holsters. The officer at Mr. Earnest’s driver side window requested his license and registration, which he provided. No officer mentioned anything to Mr. Earnest about a turn signal. 

“Mr. Earnest’s mother-, father-, and sister-in-law, who are Caucasian, immediately exited the home and witnessed the entire encounter. The officers would not allow any family members to speak to Mr. Earnest. 

“According to the Call Service Report provided in response to a discovery request, the initial stop on Mabel Street occurred at 4:35 pm. Four minutes later, after the stop had already occurred, and Mr. Earnest’s family had already exited the home and made their presence known to the police, the officers requested a patrol vehicle bring them a citation booklet. Approximately 2-3 minutes later, a second patrol vehicle driven by Ofc. Brian Kishiyama (# 57) arrived. In all, the encounter lasted approximately 17 minutes. During that time, the two officers positioned on either side of the vehicle remained positioned surrounding Mr. Earnest’s vehicle, and would not allow Mr. Earnest to exit the vehicle or speak with his family. Finally, Ofc. Collier provided Mr. Earnest with a citation for allegedly violating Vehicle Code section 22108 (failing to use his turn signal) when he turned left on the green arrow from San Pablo Avenue onto Dwight Avenue. This was the first instance in which his use of a turn signal was mentioned. At the same time, the officer told him that he was lucky the officer was not issuing a ticket for Mr. Earnest not being on the car registration. (Not only is Mr. Earnest’s name on the registration of the vehicle, which he co-owns with his wife, but even if it were not, it is entirely lawful to drive a vehicle registered to another person.) 

“Mr. Earnest asserts he used his turn signal and fully complied with the law at all times, and that from their position, in front and to the side of Mr. Earnest’s vehicle, the officers were not physically able to observe whether he had activated his turn signal at the relevant times. Furthermore, Mr. Earnest asserts that the stop was illegal and was motivated solely by the subjective racially-motivated suspicions of the officers, and that any alleged objective basis for the stop was fabricated subsequent to the traffic stop to justify the illegal stop and detention… 

"The lack of objective basis for the stop is corroborated by the fact that the officers lacked the ability to write a citation, and were forced to call in another patrol vehicle to obtain a citation booklet, as well as the prolonged detention. In fact, there was a delay of several minutes between the stop of Mr. Earnest and the time the officers requested a citation booklet. Moreover, the request for the booklet was only commenced after several witnesses made their presence known to the police.” 

This is part of an even lengthier “Statement of Facts” his lawyer made when she went to court to fight the traffic ticket he received. She cited case law showing that using the turn signal in this specific situation isn’t legally required. Finally, she offered a lot of evidence to support the claim that “ this unlawful and discriminatory conduct seems to be consistent with the Drug Task Force’s typical behavior.” She referenced a July 2012 Town Hall meeting where the Berkeley chapter of the NAACP, the ACLU, the African American / Black Professionals and Community Network, Coalition for a Safe Berkeley, SEIU 1021 Berkeley Maintenance Chapter, and the City of Berkeley Peace and Justice Commission reported many similar incidents. 

This kind of thing, unfortunately, happens all too often in Berkeley. The ordinary victims of this kind of official bullying usually ends up just paying the fine, if they don’t suffer even worse indignities in the course of their arrest. 

This time, however, the Berkeley Drug Task Force made one big mistake. The object of their harassment had free access to the services of a fine young lawyer, unlike most people who are illegally detained—she just happens to be his wife. Her name is Kate Hallinan and she’s a third generation member of a big and distinguished family of excellent attorneys, and she’s now working in a famous San Francisco law office. So she and LaMonte were able to take the case to court.  

The traffic ticket case against LaMonte Earnest was automatically dismissed on the date of trial because—are you surprised?—the complaining witnesses from the Berkeley Police Department didn’t even bother to show up. They’d already gotten what they wanted by harassing him on the street, so they didn’t need to support their bogus charges. 

But the traffic court trial judge took it a step further. He dismissed the case again a day later, this time granting the defense motion on LaMonte’s behalf for “an order dismissing the charges against him on the grounds that the prosecution is discriminatory and has denied him equal protection of the law, and additionally, due to the shocking and outrageous misconduct of the Berkeley Police Department, and specifically the Berkeley Police Department Special Enforcement Units Drug Task Force.” 

If all the dark-skinned people unjustly stopped by police had the services of a good lawyer to fight their tickets, this kind of outrageous misconduct would be a lot less frequent in Berkeley and elsewhere, but they don’t, and so it happens all the time. 

One fact alleged in the defense argument was that the Berkeley Police Department has lagged in implementing a policy which was supposed to correct the numerous problems documented at a series of civic meetings. 

The Fair and Impartial Policing Policy (FIP) is a national movement to provide for data collection on all traffic and pedestrian stops, including the race and demographics of all persons stopped by police. The Berkeley Police Department began training on FIP in 2010. On June 17, 2014, the Berkeley City Council ordered the implementation of the FIP (General Order B-4) by October 2014. Although 81% of sworn employees had completed training as of August 1, 2014, as of the January 23, 2015 date of LaMonte Earnest’s detention by the Drug Task Force it had not yet been implemented. 

J. George Lippman, a member of Berkeley’s Peace and Justice Commission, told me that data-gathering under the FIP policy finally commenced in January, probably just after DeMonte Earnest was detained, but six months later no report on its findings has been issued. He said that he questioned Berkeley Police Chief about this at Wednesday’s Berkeley Police Review Commission meeting and was assured that something might emerge soon. We’ll see. 

An African-American friend in her early thirties who grew up in Berkeley confirms that the Task Force is still a fact of life in South and West Berkeley. She tells me they can be spotted in their unmarked black car wearing their characteristic black outfits on Tuesdays and Thursdays, and that any Black person, on foot or in a vehicle, risks being stopped by them for trivial reasons—she’s been stopped and questioned herself when, she says, she was “doing nothing”.  

She says that just last week she observed three or four young African-American men in a car being questioned by what looked like the Drug Task Force with no apparent motivation. Mansour Id-Deen, active in the Berkeley NAACP, told me he’d seen what was probably the same incident, and he stopped to observe as he usually does. No charges were filed, as far as I can determine.  

Harassing law-abiding citizens like this undermines respect for legitimate police authority. It puts dark-skinned people at risk of lethal “mistakes” made by people with guns, like those which took place last week in Texas and in Cincinnati. These are being reported with increasing frequency, but you can be sure they’re happening just as often as they ever did, but the majority of victims aren't backed up by videos, witnesses or lawyers. 

In the words of LaMonte Earnest’s defense statement, his case was “not an isolated incident, but … part of an ongoing pattern of discriminatory conduct by a small group of rogue officers. Critically, it is not only the criminal and traffic sanctions that arise from these racially-based traffic stops that qualify as shocking to the conscience; far worse is the environment of fear and harassment that it creates in the community.” 

It’s way past time for Berkeley and everywhere else to put a stop to such practices. 

 

 

 


 

 

 

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Public Comment

Luxury High-Rises in Berkeley?!

Charlene M. Woodcock
Friday July 31, 2015 - 08:52:00 AM

There's a battle underway between angry Berkeley residents and Berkeley's mayor and his followers on the city council and commissions, a battle playing out in many towns and cities these days as the 1% invest aggressively in real estate development. We are alarmed by the relentless pursuit of new developments, since Berkeley is already one of the most densely-populated US cities of its size, and we now have a surfeit of $3,000-$5,000 per-month rentals with long-vacant commercial space on their ground floors. Berkeley's most crucial need in 2015 is for affordable housing, both for low income and middle income residents, in inclusionary residential buildings built to rigorous water-saving and energy efficiency standards. New York City now requires 30% affordable units in all new developments, to ensure that low-income housing is available in all parts of the city. This is a requirement most Berkeleyans would doubtless support, as a way to sustain our culturally, economically, racially diverse population. Many kids who grew up in Berkeley cannot afford to live here as adults, nor can minimum wage workers who service those who can afford the new market-rate and "luxury" housing.  

Berkeley's Mayor and city council majority apparently believe in the discredited trickle down theory: if you build market-rate and luxury housing, somehow that will open up affordable housing. This theory has been disproved most recently by the luxury condo rush in San Francisco, where the consequence of providing many new units of $4,000 to $5,000-a-month rentals has been the increased rental rates of many previously affordable units. We don't want to repeat this failed experiment in Berkeley; we want our mayor and city council to serve the needs and values of Berkeley residents, not the profit drive of developers. Given our city's reputation for forward thinking, one would expect our city government to be working for both affordable housing and cutting edge water and energy conservation and greenhouse gas reduction, but no serious efficiency requirements are being placed on developers anxious to get buildings up before California requires zero net energy in residential building in 2020, just four-and a-half years from now.  

We are particularly outraged over the 2211 Harold Way project: a Los Angeles developer proposes to demolish the very popular and successful Shattuck Cinemas in downtown Berkeley to make way for a greatly out-of-scale 18-story high-rise three times the height of our handsome and heavily-used Main Library just across the street. In addition to blocking the natural light into the library's many north windows, this huge building would also tower over the landmarked Shattuck Hotel and the handsome adjacent Walter Ratcliff-designed former Elks Club and Armstrong College buildings, as well as the Post Office and YMCA. It is totally out of scale with its very historic immediate context.  

The sloppy EIR for this huge building fails to address the impact of its construction and 302 units on the 3000-student population of Berkeley High School, its teachers, and staff, as its location within the school zone requires. Its construction over 3 years or more would hinder access to downtown Berkeley, close sidewalks, remove parking spaces, intensify the already-congested traffic in downtown, and create noise and pollution during its construction that would disturb library users across the street and doubtless exceed levels permitted within a school zone. If completed, it would add significant density to the downtown population without providing any units of the inclusionary affordable housing so urgently needed downtown and throughout Berkeley.  

And there are questions about the geological stability of its site—Strawberry Creek once ran through this landmarked block of Shattuck/Kittredge/Harold Way/Allston. The major earthquake we've been promised on the Hayward Fault could cause unconsolidated material in the former streambed to liquify. The current project plan places basement level theater spaces beneath part of the landmarked 1910 Shattuck Hotel. Massive excavation on this block would threaten the Shattuck Hotel foundation and could have disastrous consequences to that treasured building and to the functioning of our downtown area even before the predicted major earthquake. 

This high-rise project would harm the downtown economy during its years of construction, especially if three other major projects—a hotel/condo high-rise on the Bank of America site, the reconstruction of nearby BART Plaza, and a demolition and doubling in size of the Center Street Garage to 8 stories—are approved. Turning downtown into a construction zone for years would do great economic damage to many businesses and would harm the broader community, depriving us of the Shattuck Cinemas and the Habitot Childrens' Museum, both thriving cultural resources. The ten-screen Shattuck Cinemas are a major contributor to the vibrancy of our downtown, drawing film lovers from all over the East Bay and northern California. Due to the programming of films we prize, from popular to obscure, attendance over recent years has steadily increased, up 25% since 2008. The Shattuck Cinemas and their 25 employees play a critical role in the economic health of Berkeley's downtown since their patrons also patronize the downtown restaurants. The economic success of our local businesses contributes to our city's character and serves the needs of the residents and visitors who patronize them. Our heavily-used downtown Ace Hardware, the Missing Link Bicycle Shop, and the Berkeley Vacuum and Sewing Machine Center are also now under threat of demolition to be replaced by new market-rate housing projects. 

We need to assess the costs to our community of the many new construction sites already underway—the increased water use as well as water waste during construction, the greatly increased burden on aging infrastructure and on fire, police, and emergency services, the many additional cars to be expected when the buildings are finished (most provide few garage spaces).  

In addition, we strongly object to the blocking of the historic view of the Golden Gate from Campanile Way on the UC Berkeley campus. The campus is the heart of our city and its cultural and economic engine. It is one of the great public universities in the world. It is unacceptable for the city to permit a private developer to plan a building so large and out of scale with its architectural context as to disrupt the landscape design of our University of California campus, sited to uplift all who view the San Francisco Bay from Campanile Way. 

Berkeley has prided itself on the cultural, racial, and economic diversity of our residents, on the richness of our cultural resources, on respect for and protection of our beautiful natural environment, on respect for the historical fabric of our city, on our great university and the depth and breadth of the learning, research, and innovation it cultivates. To sustain these values, we need to ensure the inclusion of all economic strata—we want our community to continue to support and nourish artists and craftsmen as well as scientists and innovators and we need our elected representatives to commit now to addressing the changes in planning and behavior necessary to slow climate change. To allow for-profit speculative developers to shape the future of our city based not on our needs and values but on profits they hope to realize is not an acceptable form of city planning.


Consider Martin O'Malley for the Job

Bruce A. Joffe
Friday July 31, 2015 - 06:21:00 PM

For many Democrats, Hillary's politics are too embedded with Wall Street, while Bernie seems too independent to be electable. I recently discovered the candidate whose progressive politics are coupled with a proven ability to govern. Maryland's former Governor Martin O'Malley, also former Mayor of Baltimore, has the managerial experience and technical vision to apply information technology to make governmental decisions based on knowledge. He applied the same mapping technology we use when finding a route through traffic, to identify where Baltimore's worst crime was, and he allocated increased resources to those neighborhoods to fight the city's crime problems.  

O'Malley initiated a management innovation he called CityStat to monitor progress and hold city staff accountable. I met him at a conference about Geographic Information Systems, and I asked him how he handled the potential rivalry between the City's district managers when the more needy districts received more funding. With a twinkle in his eye, he said, "I moved my best managers into those districts." He made every manager's statistics available for all to see. Those who were accomplishing the City's goals were acknowledged, and those who were just marking time "were encouraged to update their resumes." 

With knowledge-based decision-making and O'Malley's managerial savvy, Baltimore's violent crime reduced by 41%. As governor, he applied similar methods, called StateStat, to reduce Maryland's unemployment and increase jobs faster than its neighboring states that had cut their budgets for necessary services. He promotes a new way of managing to get things done, moving from innovation-limiting hierarchy to collaborative consensus-building. 

The ability to manage well could be dangerous unless applied to worthy objectives. O'Malley's top goals are to reverse the causes of climate change by supporting clean, renewable power sources; to limit the influence of unaccountable big money in our political system; and to reduce the disparity of wealth and opportunity with affordable education, fair taxation, big-bank regulation and resistance to trade deals that threaten our environmental, labor, and health protections.  

Americans are tired of seeing clowns run around the circus car when we need a President who knows how to work effectively for the shared concern of our survival on this planet. Now, we have Martin O'Malley to consider for the job. 

O'Malley is the candidate with Bernie's progressive politics and Hillary's political savvy (minus her baggage), who actually knows how to manage government to repair our most severe problems. Discover him yourself at martinomalley.com.


Obama’s Africa Visit

Jagjit Singh
Friday July 31, 2015 - 06:15:00 PM

Young Africans were thrilled by President Obama’s visit but many leaders must have been troubled with the President’s preachy style admonishing them with their many policy shortcomings. They must be wondering how the President could be so critical given the epidemic of police brutality against African Americans and their disproportionate high incarceration rate. Race relations are at an all-time low with African-Americans more than twice as likely to be unarmed and killed as their white counterparts. The incarceration rate for Hispanic and Blacks is at an all-time high. There is no ‘shining city on the hill’ for most minorities – more like ‘mole hills against a fading sky’. 

Obama is also facing fierce criticism after twice describing Ethiopia as having a democratically elected government ignoring human rights groups who have denounced Ethiopia’s democracy as a "complete sham." In a recent election, Ethiopia’s ruling party won 100 percent of the country’s 547 Parliament seats. Human Rights Watch criticized the government in a recent report, stating, "Authorities use arbitrary arrests and politically motivated prosecutions to silence journalists, bloggers, protesters, and supporters of opposition political parties." 

Sadly, President Obama did not address long standing failed US polices which have militarized much of Eastern Africa, especially Kenya and Ethiopia targeting Somalia which has radicalized many of the locals giving rise to the terrorist group, Al Shabab. The people of South Sudan are also suffering from unspeakable horrors precipitated by the huge proliferation of weapons supplied by western powers. 


A Proclamation Honoring August 13, 2015 as Berkeley Barb Celebration Day in Berkeley

Berkeley Councilmember Kriss Worthington
Friday July 31, 2015 - 09:01:00 AM

RECOMMENDATION

Adopt a proclamation that August 13, 2015 is Berkeley Barb Celebration Day in in order to celebrate the revolutionary publication that represented the City’s diverse and progressive community

BACKGROUND

The Berkeley Barb was an exceptional publication at the forefront of progressive politics and culture. It served as an underground voice for the people, and fostered support for a diverse panoply of issues, including the anti-war movement, struggles against racial oppression, sexual freedom, the women's rights movement, gay rights, the farmworkers' struggle, the psychedelic arts and drug culture, and environmental activism, to name a few. 

The writers and artists that contributed to the Barb were prominent figures in the counterculture movement, and drew from the contentious politics of the day to create art and literature that questioned the status quo and challenged the notion of what was “politically correct.” This resulted in a publication that was a bastion of independent thought and an influence for countless subsequent publications. 

Recognizing the impact and legacy of this pioneering publication by designating August 13, 2015 as Berkeley Barb Celebration Day would allow the City to pay tribute to an important part of its cultural history. The City of Berkeley is known worldwide as a haven for free thought and countercultural ideas, and as something that encapsulates this rich character, the Barb deserves to be celebrated. 

The Resolution: 

Berkeley Barb Day in Berkeley  

WHEREAS, the first issue of the Berkeley Barb was published by Max Scherr on August 13, 1965; and 

WHEREAS, the Berkeley Barb was one of the first three tabloid weeklies that gave birth to the Underground Press; and
WHEREAS, as Morris Dickstein observed in his 1977 book, Gates of Eden: "The history of the sixties was written as much in the Berkeley Barb as in the New York Times"; and 

WHEREAS, The Berkeley Barb became one of the five founding member of the Underground Press Syndicate (later known as the Alternative Press Syndicate), a national community of countercultural newspapers and magazines dedicated to free expression and social change; and 

WHEREAS, the Berkeley Barb, in the course of 15 memorable years, documented—and advanced—social and political change with reporting that ranged from coverage of anti-war protests, police violence, and the rise of the Black Panther Party to sexual freedom, the women's rights movement, gay rights, the farmworkers' struggle, the psychedelic arts and drug culture, and environmental activism; and 

WHEREAS, the Berkeley Barb's writers, photographers and graphic artists—including staff and uncounted volunteers—celebrated and amplified the cultural revolutions of the day with first-hand accounts of the Summer of Love, the battle for People's Park, Be-ins, sit-ins, and historic concerts—from Altamont to the Fillmore Auditorium; and 

WHEREAS, the Berkeley Barb introduced a revolutionary sex-and-drugs advice column by Eugene "Dr. Hip" Schoenfeld and promoted a new generation of comic strip artists including Joel Beck, R. Crumb, Bill Griffith, Trina Robbins, Spain Rodgriquez, Gilbert Shelton, and Art Spiegelman; and 

WHEREAS, in 1979, the Berkeley Barb formally abandoned the profitable but controversial practice of publishing sexually focused advertising and began offering the paper for free (a radical move that soon spread to other alternative publishers in the Bay Area and beyond) *; and 

WHEREAS, the Berkeley Barb, having reached a peak sales of 93,000 copies in 1969 with a readership that spanned the world and became the last survivor of the Underground Press, ceasing publication on July 1, 1980; now 

THEREFORE BE IT RESOLVED, that I, the City of Berkeley, in honor of the pioneering accomplishments of the Berkeley Barb, do hereby invite all Berkeleyans to join with us in celebrating this occasion by speaking out and acting up creatively and freely, and I do hereby proclaim August 13, 2015 as: 

August 13, 2015 as Berkeley Barb Day in Berkeley 

Councilmember Laurie Capitelli 

Councilmember Susan Wengraf 

Councilmember Max Anderson 

Councilmember Linda Maio 

Councilmember Kriss Worthington 

Councilmember Jesse Arreguin 

Councilmember Darryl Moore 

Councilmember Lori Droste 

* Note: Councilmember Capitelli requested that the following, somewhat redundant, sentence be added to the resolution: 

"Whereas the Berkeley Barb experienced controversy about ads for sex, pornography and sex escort ads and eventually removed them from its pages,"


Columns

New: ECLECTIC RANT: Closing Guantanamo Bay Detention Camp

Ralph E. Stone
Sunday August 02, 2015 - 10:05:00 PM

On July 20, 2015, the U.S. and Cuba reopened embassies in each other's countries that had been closed since 1961. As the freeze between the two countries thaws, I would expect the the commercial, economic, and financial embargo imposed by the U.S. on Cuba since 1960 will be ended in due time. Normalization of relations between the U.S. and Cuba will not be complete until the Guantánamo Bay Detention Camp is closed and Guantánamo is returned to Cuba.  

On July 22, 2015, White House Press Secretary Josh Earnest said that the Obama Administration is drafting a plan to finally close the military prison at Guantánamo Bay, to fulfill a long-delayed promise by President Obama before his time in office ends. The plan would then be sent to Congress. Senator John McCain (R-AZ), a longtime proponent of closing the prison, wants to give the Obama Administration an opportunity to potentially do so through the National Defense Authorization Act. The expected plan — like previous plans — would be to transfer all lower-level detainees, while bringing those deemed too dangerous for release to a military prison on domestic soil. Of the latter group, some would be prosecuted while the rest would be held as wartime prisoners, with periodic parole-like reviews.  

The total number of detainees ever incarcerated at the Guantánamo Bay Detention Camp is 780. As of June 26, 2015, there are 116 still held there. Of these 116, 32 are deemed to risky to release but not feasible to prosecute because torture was used. The so-called Senate Torture Report confirms that Guantánamo was a place of torture and indefinite detention, and is a continued international embarrassment. But then again, too many members of Congress are not easily embarrassed 

How did the U.S. come to occupy Guantánamo? The Platt amendment to a U.S. Army Appropriations Bill of 1901 gave the U.S. the right to intervene militarily in Cuban affairs whenever the U.S. decided such intervention was warranted. Cubans were given the choice of accepting the Platt Amendment or remaining under U.S. military occupation indefinitely. The U.S. has intervened militarily in Cuban affairs at least three times. U.S. intervention endowed Cuba with a series of weak, corrupt, dependent governments. In 1903, the U.S. used the Platt Amendment to obtain a perpetual least of Guantánamo Bay, a blatant example of U.S. gunboat diplomacy. 

Opponents of normalization argue that Cuba has a repressive regime with a poor human rights record. This concern comes on the heels of the release of the Senate Torture Report, which found, among other things, that the CIA engaged in torture such as waterboarding, shackling in painful positions, prolonged sleep deprivation, and slamming detainees against walls. The U.S. administration got along fine with Fulgencio Batista, the thug Castro overthrew. Americans were free to frolic at the nightclubs, casinos and beach resorts during Batista’s thuggish regime. But then Batista was in our pocket, Castro is not.  

It is iffy that the expected Obama plan to close the Guantánamo Bay Detention Camp will persuade skeptics of Obama’s Guantánamo policy, particularly in the House, especially during a presidential race. However, normalization will not be complete until the U.S. ends its economic embargo and returns Guantánamo Bay to Cuba.


ON MENTAL ILLNESS: Purpose

Jack Bragen
Friday July 31, 2015 - 09:48:00 AM

When persons with a psychiatric illness get to a point of basic recovery, we might ask the question, "What now?"  

I believe it is better to decide on a purpose to our lives rather than expecting a purpose to be handed to us, or thinking that we must climb a mountain to see our purpose etched on a stone tablet. It can be a major factor in achieving happiness. Doing this entails an honest assessment of our talents and interests as well as our limitations. Having a good understanding of what is required to achieve something will pave the way to succeeding at something.  

Also, focusing on the work, the tasks, and the enjoyment of what we are doing, instead of focusing on the idea that we must achieve a goal, is a good way to function. You could decide that your goal is that you want to create a profitable company, for example. You should focus on the here and now work of getting there rather than on the idea that you must have it, or that you can't be happy until you have it. Hoping for success but acknowledging that you will not necessarily get it--is realism. The point is that you are doing something constructive with your time.  

Inserting realism into our thoughts is part of the formula. On the other hand, we should not assume we can't do something just because people tell us we can't. We should not assume that because we are mentally ill we can't do anything.  

The simplest form of a company is a sole proprietorship with no employees. I know someone who has her own housecleaning business. Working for oneself rather than regular employment has a number of advantages for a disabled, yet able individual.  

For one thing, you can work at your own pace. If working at a low-level position for someone else's company, they will try to squeeze out the maximum amount of work for the wages they pay. And if you can't keep up with the pace, it's tough luck. On the other hand, if you are your own boss, you can work at a pace that suits you so long as you can satisfy most of your customers.  

Working in supported employment, in which a job has been set up that has reduced expectations because we are mentally ill, ends up being a blow to our self-esteem. When I tried such a job, I was treated as though I was retarded and dangerous.  

Rather than selling ourselves short and accepting situations in which we are presumed to be subnormal, creating our own work situation might be better. 

If starting one's own business, a home-based or outcall situation is usually best. Reading up on it, and learning what licensing is expected, what the basic expenses are, and what the legal liabilities are, could be a good preliminary step.  

Public liability insurance, if your company involves dealing with the public, is needed if you have assets that can be taken if there is a lawsuit. If you have no assets and essentially live on SSI, a lawsuit most likely will never happen. Ordinarily, if someone takes you to court, your SSI cannot be taken away.  

If the idea of self-employment doesn’t appeal to you, there are still other purposes you could choose for your life. You could go to school and become a "professional student." This is where you are becoming educated as an end in itself, without necessarily hoping it will turn into a job. You could do tutoring. I know someone who is self-employed as a tutor, and that person seems to get a lot out of it. Or, if you want to keep things more informal, tutoring could be done on a volunteer basis. I know someone else who, for a while, volunteered through the library system and taught basic literacy.  

There is more to life than taking medication and passively doing things that have been handed to you in the mental health treatment system. Despite the fact that mental health professionals may not be giving us credit as having a brain, we have a brain, and it is a shame to put it to waste. Some type of constructive activity, not necessarily with a goal of making a lot of money, can be done, and this adds purpose to life.  

You don't have to be a business tycoon. When there is reason to get out of bed every morning because there are things to be done, it is very helpful to our state of well-being, and it provides satisfaction. 


If you are happy with this column, please support the author and enrich yourself by purchasing a book. My science fiction collection, if you are interested, can be bought by clicking here. And my self-help manual can be purchased by clicking here. If you have comments, please have the editor forward them to me. 


THE PUBLIC EYE:Black Lives Do Matter

Bob Burnett
Friday July 31, 2015 - 08:53:00 AM

As a privileged white man, I’ve always been cautious about writing about race, thinking that it was a topic best left to others. Like many liberals I’ve assumed that whenever race was discussed my best response was to listen to what my black brothers and sisters had to say. Nonetheless, in the face of the growing “Black Lives Matter” movement, I feel compelled to speak.

First, black lives do matter to me. (As do those of all the people-of-color who are part of my community.) My life is made richer and fuller by your presence. When you hurt, physically, psychologically, spiritually, it hurts me, too.

That said, my community – privileged white Americans – is responsible for the current state of race relations. The string of deaths and disgraces – from Trayvon Martin to Sandra Bland – is our fault.

When Barack Obama was elected President, many in my community were hopeful that the event signaled the end of widespread racism. That hasn’t happened. A recent New York times/CBS News poll finds that “nearly 6 in 10 Americans, including heavy majorities of both whites and blacks, think race relations are getting bad.” (After President Obama entered the White House, two-thirds of poll respondents ‘believed race relations were generally good.”)

The responsibility for the decline of US race relations falls on people like me, members of the white male power structure. We should have done more to build upon the positive feelings generated by the election of Barack Obama. 

Instead, my community of liberals went to sleep. Never lacking for issues to attend to, we turned our focus from race relations to pressing concerns such as the economic recovery and breaking up the “too big to fail banks” and providing affordable healthcare for all Americans. Only recently has race relations reappeared on the list of national priorities. 

Even though the White House was integrated, much of the liberal power structure stayed lily-white. This is illustrated in the racial composition of the primary Democratic Presidential candidates. According to a report by Blue Nation Review 90 percent of Bernie Sanders staff is white, while 91 percent of Martin O’Malley’s staff is white. In comparison, 68 percent of Hillary Clinton’s staff is white. No wonder that after being challenged by “Black Lives Matter” protestors at Netroots, only Clinton had a reasonable response. 

Nonetheless, while the white liberal establishment bears some blame for the decline in US race relations, the bulk of it lies with the conservative white power structure. After all, they were the ones, after the election of Barack Obama who chose to let their race flag fly. 

There were three aspects of the post-election conservative racism: the first was direct attacks on Barack Obama and his family; the second was steadfast opposition to any legislative initiative proffered by the Obama White House; and the third was a concentrated effort to reduce the voting rights of African-Americans, and people-of-color in general. 

Even before Barack Obama was elected President, conservatives attacked his eligibility, claiming that he had been born outside the United States, that his birth certificate, showing that he was born in Honolulu, Hawaii was a forgery. (One of the leading proponents of this theory was Donald Trump, whom as recently as February suggested that Obama’s birth certificate was a fake, “I don’t know where he was born.”) 

During the 2008 campaign, conservatives also suggested that Obama was actually a Muslim. (This false claim originated in a January 2007 Insight Magazine article.) Conservatives have also insulted Michelle Obama and the Obama daughters

The second manifestation of conservative racism was the blanket opposition to Obama’s efforts to move legislation through Congress. On October 23, 2010 then Senate minority leader Mitch McConnell said, “The single most important thing we want to achieve is for President Obama to be a one-term president.” Since that time, there has been an unprecedented Republican campaign of obstruction

Finally, conservatives have simultaneously engaged in a campaign to dismantle the Voting Rights Act. As the New York Times reported: 

In 2010, Republicans flipped control of 11 state legislatures and, raising the specter of voter fraud… They rolled back early voting, eliminated same-day registration, disqualified ballots filed outside home precincts and created new demands for photo ID at polling places. In 2013, the Supreme Court, in the case of Shelby County v. Holder, directly countermanded the Section 5 authority of the Justice Department to dispute any of these changes in the states Section 5 covered.
 

Black lives do matter. Nonetheless, as a result of liberal lethargy and conservative antipathy, in many parts of the United States blacks are second-class citizens: at the mercy of their local police department and unable to gain access to decent jobs, housing, healthcare, and the other aspects of a middle-class life, 

Conservatives aren’t going to change. So it’s up to my community of privileged white liberal Americans to take responsibility for this issue. We have to lead the charge that ensures that all Americans recognize: black lives do matter. 


Bob Burnett is a Berkeley writer. He can be contacted at bburnett@sonic.net


Arts & Events

Review: Valley of the Moon Music Festival

Reviewed by Ken Bullock
Friday July 31, 2015 - 09:57:00 AM

Cellist Tanya Tomkins, fortepianist Eric Zivian with their ten faculty and performing artist colleagues and five apprentices have brought in greater scale to the new Valley of the Moon Music Festival—going into its final weekend—part of what they've been working at creating for years with their Benvenue House Concerts in Berkeley—a more complete environment for performance and enjoyment of chamber works from the Classical and Romantic repertoire—played on period instruments and copies. 

While some orchestras that specialize in period instruments, like the Philhamonia Baroque, play full orchestral compositions on these original instruments that featured gut strings and wood, rather than metal, frames for piano, usually the repertoire is drawn from the Baroque and some Classical repertoire. (Philharmonia has ventured into Romantic orchestral pieces.) As a chamber festival dedicated to this repertoire on original instruments, Valley of the Moon is unique in America. 

And as last Sunday's late afternoon concert at the Hanna Boys Center auditorium west of Sonoma—acoustically satisfying and filled with summer light—proved, the experience of the house concert, a feeling of music and those who make it in situ—has been translated to a 300-seat venue almost seamlessly. 

The All-Schubert program went from his Sonatina for Violin and Fortepiano in A minor, composed when Schubert was 19, in 1817, to his "late" Quintet for Strings in C major (he died at 31, as Tomkins pointed out, never having heard the piece played), which Zivian called one of his candidates for the finest music ever composed, and mentioned how time seems suspended at points in its playing. 

Ian Swenson, accompanied by Zivian on an 1841 wood-framed Rausch piano, played the movingly "dark, melancholy" violin part of the Sonatina with unusual evenness, which emphasized its emotional probity even more. "There might be more temptation to milk it emotionally on a modern instrument," said music writer Jeff Kaliss in conversation at intermission. The different resonance of the period instrument, under Swenson's sure hand, caught its subtle nuances without any show of drama, Zivian's light but decisive touch at the keyboard a perfect compliment. 

The Quintet, led by Vera Beths from the Netherlands, wife of Tomkins' teacher there, led the group with a fine touch on violin, with Augusta McKay Lodge on second violin, Elizabeth Blumenstock—who has been concertmaster for Philharmonia Baroque and the American Bach Soloists—on viola (with great energy!), Tanya Tomkins essaying the deeper lines, sometimes pizzicato, on cello and Laura Gaynon on second cello. 

And there was the other hallmark of the Festival and Tomkins and Zivian's ongoing project: Lodge and Gaynon were two of the apprentices, which as Tomkins explained, would be integrated into the whole life of making the music and the Festival, something she experienced as a young student, living with her teacher's family in the Netherlands."I learned more by living with, playing with musicians than with the most intense private lessons, taken by themselves." 

The Quintet, a familiar piece, in this ensemble's concentrated playing, made good on the promise of the Festival—an unfamiliar, more original complex richness of sound and dynamics than in most recordings and concert performances of memory—a web woven of interlocking themes and harmonies, moving from mood to mood with a rare perfection—and commanding the deep attention of the audience, which gave it an immediate standing ovation. 

With a charming touch during that ovation, Gannon and Lodge alone were presented with bouquets, a nice public recognition of their achievement as young performers. 

The Festival continues Friday (tonight) at 7:30—free!—with an all-apprentice concert at 7:30, featuring Mozart's Quartet for Fortepiano and Strings in G minor, Robert Schumann's Sonata for Violin and Fortepiano in A Minor and Beethoven's String Quartet in E flat major. Saturday at four the program includes Mozart's String Quartet in C major and Quartet for Fortepiano and Strings by Schumann—and on Sunday, Mozart's Sonata for Fortepiano and Violin and Trio in C minor for Strings and Fortepiano by Mendelssohn. The latter two concerts will feature violinists Cynthia Miller Freivogel (of such orchestras as the Amsterdam Baroque orhestra and Philharmonia Baroque), Monica Huggett (co-founder of the Amsterdam baroque Orchestra and founder of London's Sonnerie ensemble) and Kati Kyme (Baroque Philharmonia, American Bach Soloists and Musica Angelica), as well as Tomkins and Zivian. 

Readers of the Daily Planet will receive 10% off by using promotional code VMMF dailyplanet at check-out, ordering ticket at valleyofthemoonmusicfestival.org 

 


Hanna Boys Center Auditorium, 17000 Arnold Drive at Agua Caliente Road West, Sonoma. Friday, free; Saturday and Sunday. $20-$40. 1-888-596-1027; valleyofthemoonmusicfestival.org 


New: Ulysses Returns: Monteverdi’s IL RITORNO D’ULISSE IN PATRIA

Reviewed by James Roy MacBean
Tuesday August 04, 2015 - 09:24:00 PM

West Edge Opera last week staged Alban Berg’s Lulu in Oakland’s abandoned Wood Street train station; and this week they’ve staged Claudio Monteverdi’s Il ritorno d’Ulisse in patria (Ulysses’ Return to His Homeland) at American Steel Studios on Oakland’s Mandela Parkway. While American Steel turned out to be less magical a site for opera than the abandoned and decaying train station, nonetheless the acoustics at American Steel were excellent. Further, West Edge General Director Mark Streshinsky, who doubled as stage director for Ulysses, utilized the space at American Steel quite imaginatively, placing the 9-piece orchestra amidst a raised and stepped U-shaped platform on which the singers performed, while the audience was seated around three sides of the U-shaped platform. On the wall behind the stage area were hung at one time or another various large photos – of the sea, a pasture with sheep, a painting depicting Ulysses drawing his bow, another painting depicting Queen Penelope, etc. 

Claudio Monteverdi set opera on its feet with his groundbreaking Orfeo of 1607, which was first performed at the court of Duke Vincenzo Gonzaga at Mantua. Monteverdi quickly followed the success of Orfeo with another opera the next year, Arianna, of which latter there remains, to our great loss, only the famous and lovely lamento d’Arianna. Later, shortly after Duke Vincenzo’s death in 1612, Monteverdi left Manua in 1613 to take up the post of maestro di cappella at St. Mark’s basilica in Venice, where he served for the rest of his life. When the first commercial opera houses opened in Venice in the late 1630s, Monteverdi’s operas were a staple of their repertory. Il ritorno d’Ulisse in patria opened at Venice’s Teatro San Moisè in 1640, and it quickly became the century’s most successful opera. Giacomo Badoaro wrote the libretto, basing it on Books 13-23 of Homer’s Odyssey, which tell of the return of Ulysses (Odysseus) to Ithaca after years of storm-tossed wandering at the mercy of Neptune (Poseidon), who resented Ulysses’ blinding of the sea-god’s son, Polyphemus the Cyclops.  

For West Edge Opera, Mark Streshinsky made many cuts in Alan Curtis’s edition of the score of Il ritorno d’Ulisse in patria. Streshinsky omitted the opera’s Prologue, rearranged many scenes, eliminated several secondary characters, and cut some of the work’s ritornelli, or instrumental connecting passages, thereby creating a slimmed-down version of Monteverdi’s opera. (It runs 1 hour and 40 minutes, not the 2 ½ hours mistakenly cited by Joshua Kosman.) Streshinsky also utilized a reduced orchestra with only plucked and string instruments. Conductor Gilbert Martinez led the orchestra from one of two harpsichords, while Daniel Zuluaga was featured on theorbo and Cheryl Ann Fulton on Italian baroque harp. 

When West Edge Opera’s Ulysses gets under way, Neptune, powerfully sung by bass Aaron Sörensen, hurls Ulysses through a storm at sea. Minerva (Athena), brilliantly sung by mezzo-soprano Kindra Scharich, begs Jupiter (Zeus), ably sung by tenor Gary Ruschman, to intercede on behalf of Ulysses and persuade Neptune to allow the forlorn hero to return at long last to his homeland. Ulysses then awakens on a beach, bitter and confused. He is, he sings, stranded on a deserted shore, “misero, abbandonato.” Though the role of Ulysses is written for a tenor with baritonal capabilities, in West Edge Opera’s production Ulysses is sung by baritone Nickolas Nackley, who combines robust power when it is called for and sensitively delicate vocalism in the intimate scenes of recognition, first with his son Telemaco, and, finally, with his wife, Penelope. When Minerva appears to Ulysses, she assures him he has landed in Ithaca, assures him of Penelope’s faithfulness, and she also instructs him to disguise himself as an old beggar and seek out first his old friend Eumete, who has left the court in disgust at the behavior of the suitors and now works tending sheep. Minerva is sung by Kindra Scharich, whose high mezzo-soprano contrasts sharply with the much lower mezzo-soprano of Sara Couden, who sings Penelope. At each of Minerva’s instructions, Ulysses interjects, “O fortunato Ulisse,” a direct anticipation of the aria to come. Minerva also tells Ulysses to stay with his friend Eumete till she returns with Telemaco, the now-grown son of Ulysses, who has gone seeking news of his father in Sparta. Scharich’s bright, well focused singing was a highlight of this opera.  

Following Minerva’s guidance, Ulysses finds Eumete among his sheep, basking in the simple joys of pastoral life after the corruptions of life at court. Eumete is here ably sung by tenor Michael Desnoyers. Only the presence of a gluttonous courtier, Iro, troubles the bucolic life of Eumete. Iro, sung by tenor Ted Zoldan, is a superbly wrought comical character, perhaps the first in opera history. Iro’s stuttering is delightfully penned by Monteverdi, who parodies his own madrigalesque style, replacing beautifully sung words with comical grunts, cackles and groans that reveal Iro’s animal-like character. Eumete angrily shoos Iro away. When Ulysses appears disguised as a beggar, he does not reveal his true identity to Eumete but assures him that Ulysses will soon appear in Ithaca to reclaim his wife and kingdom. 

Soon Minerva returns, bringing Telemaco to Ithaca in a winged chariot. When Telemaco arrives in Eumete’s pasture, he is told that his father will soon return. Overjoyed at this news, Telemaco sends Eumete to inform his mother, Penelope, to await the imminent arrival of Ulisse. Once alone with Telemaco, Ulisse sheds his disguise and greets his son. After a moment’s disbelief, Telemaco, movingly sung by mezzo-soprano Johanna Bronk, rushes to embrace his long-lost father in an emotional reunion. Thus ends Act I. 

After intermission, Act II in this production begins with a scene that usually occurs at the opera’s outset in most productions. Penelope, alone with one of her servants, sings of her suffering and anxiety. She also vows to remain faithful to her husband Ulisse. Eumete arrives and tells Penelope that Telemaco is back and that there is news of Ulisse’s imminent return. Penelope greets this news with wary skepticism. She has heard such rumors many times before. Why should she believe them now? As Penelope, mezzo-soprano Sara Couden has a voice so deep she might pass for a contralto. Nonetheless, she sang with great feeling and conviction. Vocally and dramatically, Sara Couden was very credible as a much-aggrieved Penelope. Her suitors, here reduced to three, feel threatened by Telemaco’s return and redouble their wooing of Penelope, offering her gifts of gold. The suitors – Anfinomo, Antinoo, and Pisandro – are sung, respectively, by tenor Jonathan Smucker, bass Aaron Sörensen, and tenor Gary Ruschman. The music for their wooing is florid and overly ornamental. Penelope is unmoved.  

Iro joins the three suitors, and all are horrified to find an aged beggar in their midst. Penelope offers hospitality to the beggar (Ulysses in disguise), and she proclaims that she will marry anyone who can successfully draw Ulysses’ famous bow. The stuttering, gluttonous fool, Iro, is the first to try, and of course he fails miserably, then goes off to whine in a corner. Next all three suitors try in vain. Now the beggar steps forward, draws the bow, and shoots down all three suitors in turn. Iro mutters that he has just lost his meal ticket. Who will fill his belly now, he wonders? Telemaco and Eumete tell Penelope that this apparently aged beggar is in fact Ulisse, but Penelope is as yet unconvinced. Ulisse sheds his disguise, but Penelope wants further proof. Ulisse sings in recitative of the bedcover woven by Penelope with the image of the goddess Diana; and with this bit of intimate knowledge, he convinces Penelope that he is indeed her husband. Now Penelope sings her first true aria of the opera, “Illustratevi o cieli,” which features an instru-mental ritornello that occurs between Penelope’s vocal lines rather than simultan-eously with them. By this device, Monteverdi suggests that, for Penelope, her husband’s return – symbolized by the ritornello – is still, as it were, ‘between the lines’ until husband and wife finally embrace, which they do at last in the closing duet, thus bringing Il ritorno d’Ulisse in patria to a happy end.  

While I regret not hearing all of Monteverdi’s magically emotive music in this abbreviated version of Il ritorno d’Ulisse in patria, I must admit that there is a certain logic – and a succinct narrative flow – to Mark Streshinsky’s production of this opera. It moves along at a goodly pace, maintaining the keen interest of the audience at every step, bringing us close to both the Homeric era of ancient Greece and the musically revolutionary era of 17th century Venice.