The Ninth Circuit's decision to uphold San Francisco's Health Care Security Ordinance got everyone wondering if the Golden Gate Restaurant Association will take the matter all the way to the Supreme Court.

GGRA’s executive director Kevin Westly told me they might, or they might ask the Ninth Circuit to do an en banque review, instead, which involves all eleven Ninth Circuit judges.

“Healthy San Francisco is a good program and employer spending mandates are a separate issue," Westly said, repeating a position that Mayor Gavin Newsom used to share, back when Sup. Tom Ammiano, who authored this trailbreaking legislation, was trying to explain that it's not fiscally possible to provide uninsured residents with free access to the City's health clinics without the employer mandate , since the mandate generates the funding for the free access program.

Newsom eventually climbed on board, ( "kicking and screaming" as Ammiano recently recalled), but GGRA continues to hold that the mandate is a major fiscal and administrative burden that employers shouldn't bear. GGRA makes that argument based on their interpretation of Congress's intent in 1974, when it passed ERISA.

You Tube has already posted this parody of the Yes on 8 ad that features Newsom

By Saadia Malik

Mayor Gavin Newsom yesterday commented on the television ad urging California voters to approve Proposition 8 and reinstate the unconstitutional ban on same sex marriage, telling a small crowd of reporters, “The commercial was weak.”

The ad uses footage of Newsom’s May 15 speech to the jubilant City Hall rally that followed the California Supreme Court ruling that the ban on same sex marriage is unconstitutional. The ad claims that decision could trigger litigation against individuals’ personal beliefs, a move to revoke the churches’ tax-exempt status, and a push to teach children about same-sex marriage in public schools.

“Whether you like it or not,” is the Newsom statement that the Yes on 8 campaign turns into a mantra, associating it with their doomsday predictions about what same sex marriage will bring. At the end of the 30-second ad, the narrator declares, “We don’t have to accept this.”

Newsom sneered when asked about the commercial during an outside press conference at Justin Herman Plaza, saying “I’m not surprised they took comments completely out of context.”

“California will say no to Prop 8,” Newsom said confidently. “This is not a big issue anymore, from my perspective.”

By Steven T. Jones

Rev. Billy and his Church of Stop Shopping is rolling its anti-consumerist revival through California and including a stop tonight in San Francisco, where he'll bless Prop. H, the Clean Energy Act. Doors at the Noe Valley Ministry, 1021 Sanchez St. at 24th Street, open at 7:15 and the show begins at 8. Rev. Billy is a performance artist who honed his unique political theater in the Burning Man culture and has strong ties to San Francisco, although he's based in New York City, the citadel of late capitalism.

He'll be introduced by arts impresario Chicken John, who is battling with the Ethics Commission over that body's efforts to audit the spending by his mayoral campaign. Chicken now says that he's decided to go ahead and let Ethics officials have his records, but that he plans to do so by wheat-pasting them onto an art project that he'll unveil during an Oct. 9 event at CELLspace.

There's never a dull moment in San Francisco's politically active counterculture.

by Amanda Witherell

Today Gov. Arnold Schwarzenegger vetoed a bill that would have designated May 22 as Harvey Milk day. The legislation, authored by Assemblymember Mark Leno, would have required the governor to annually recognize the day and would have encouraged “all public schools and educational institutions to observe this day and to conduct exercises remembering and recognizing the life of Harvey Milk, his accomplishments, and the contributions he made to this state.”

According to the legislative analysis, the bill had no fiscal cost.

In his veto message, Schwarzenegger said, “I believe his contributions should continue to be recognized at the local level by those who were most impacted by his contributions.”

Yeah, but we already get it -- the whole point is to educate more people about his impact, and the guy’s about to go silver screen. If anyone out there doesn’t know who Harvey Milk is now, they will when they see Sean Penn playing him in “Milk,” the Gus Van Sant film that hits national screens in December -- which makes it seem entirely appropriate that California might go on the record officially recognizing the great man.

In his legislative comments on the bill, Leno said, “Perhaps more than any other modern figure, Harvey Milk's life and political career embody the rise of the lesbian, gay, bisexual, and transgender civil rights movement." Milk was assassinated in 1978, while serving as supervisor in San Francisco. He was the first openly gay elected official to hold office in a major US city.

“Harvey Milk is a hero who stood for simple equality and justice, and ultimately gave his life for these principles," said Human Rights Campaign President Joe Solmonese in a press release about the veto. "It would have been fitting to officially recognize his birthday as a day of special significance in California. However, as everyone who admires Harvey Milk fully understands, we can pay this great man lasting tribute by working to make equality a reality for all Californians.”

News that GGRA has decided to file an en banc appeal of the Ninth Circuit’s ruling upholding the City’s Healthcare Security Ordinance got supporters of the City’s ordinance expressing dismay and puzzlement.

They also declared themselves troubled by what they call the apparent hypocrisy of GGRA members who express their support for the ordinance in surcharge notices.

Tim Paulson, San Francisco Labor Council executive director, believes that the City's healthcare ordinance creates a level playing field for employers.

“It gives credit to employers who already offer healthcare to their employees and also allows other employers to comply without disrupting ERISA plans," Paulson said. "The Healthcare Ordinance is sound business policy as well as a win for San Franciscans."

Calling the Ninth Circuit's September 30 decision to uphold the City's ordinance, "a huge win for hard-working men and women in San Francisco who are currently without access to healthcare," Paulson said, "We need more healthcare in San Francisco, not less."

Paulsen said he was “particularly troubled by the apparent hypocrisy of GGRA member restaurants for expressing public support and admiration for a program that provides health and well-being to thousands of restaurant workers, while their GGRA membership dues pay the legal fees to dismantle it."

Paulson was referring to the fact that some GGRA member restaurants have issued surcharge notices that contain comments that appear to be supportive of SF's healthcare program, while GGRA seeks to overturn the ordinance.

IGGRA members Catch, Pomodoro, AsiaSF, Bar Bambino and Luna Park have issued notices in which they express support for the ordinance and explain that they are adding a surcharge to each check to cover these new healthcare related costs. The notices do not mention GGRA's lawsuit.

Sick of the endless hype-y analysis of tonight's VP debate preparations -- the "expectations bar" being spun like a top by all sides? Here's some things we figure we probably won't see, although maybe we secretly wish we would.

** Washington University evacuated due to Biden's overuse of Old Spice

** Palin packs attention-deflecting bomb in up-do, like Deborah Harry's in Hairspray. Bonus: goes off too early

by Amanda Witherell

For anyone looking to squeeze in a little extra fun before taking in the Biden-Palin throwdown, Bay Area Community Services is hosting a fundraiser in Oakland tonight. We profiled the amazing work this group is doing bringing local, fresh meals to seniors and disabled people through its Meals on Wheels program. In order to stop serving frozen food and start serving fresh, BACS partnered with Community Alliance with Family Farmers to connect with local growers who could supply bulk amounts of fruits and vegetables. They also established a free culinary training program for low-income adults who learn kitchen prep skills in exchange for cheffing up the homemade meals served through the Meals on Wheels program. Contrary to popular notions that eating fresh, organic food costs a lot more, BACS found the program cost per meal has only gone up five cents, but donations have increased by $20,000 because people see more worth in the fresher food they're now receiving.

But it's not enough and tonight they're holding a fundraiser, capping off their "Seeds to Harvest" campaign to expand their facilities and the culinary program.

"Seeds to Harvest is the cornerstone of our effort to make BACS a leading 'farm-to-table,' self-sufficient food security organization," said executive director Kent Ellsworth in a press release about the event. "The fact that we are so close to reaching our $100,000 goal shows that the sustainable food movement has reached critical mass. A few years ago no one expected us to be part of the slow food, sustainable food revolution at all, let alone be at its leading edge!"

Tonight, Oct. 2 at 5 pm, you can join them for locally produced snacks and goodies at the East Bay Community Foundation Conference Center, 365 Frank H. Ogawa Plaza, Oakland, CA. There will also be graduates from the culinary training program on hand to discuss their experiences.

by Sarah Phelan

In a surprise revelation, the Bay Area Air Quality Management District mentioned yesterday that it had reached a $515,000 settlement with Lennar over the developer's failure to monitor and control asbestos dust at Hunters Point Shipyard.

BAAQMD executive director Jack Broadment brought up the settlement, which was dated August 8 and allegedly finalized in early September, during the air district’s October 1 board meeting.

Broadbent's stunning revelation occured after Bay View Hunters Point residents asked the air district to address their concerns around Lennar's repeated asbestos dust violations in their community.

Broadbent's annoucement shocked the BVHP residents, who had showed up at the meeting. They countered that the amount was too little and too late.

An October 2 Air District press release claims the settlement is the “largest of its kind in California."

“Our Air District team negotiated an appropriate penalty based on the circumstances of the case,” Broadbent stated in the press release. “This settlement will deter the kind of conduct Lennar engaged in that led to these violations.”

Air District spokesperson Lisa Fasano told the Guardian that the $515,000 fine is “the biggest fine for a dust violation in the Bay Area air district.”

Fasano said that the biggest penalty that the district has imposed in recent years was the $2.8 million fine against Shell for exceeding emissions limits at its Martinez facility.

Asked how the Air District arrived at the $515,000 figure Fasano said it was a “negogiated number.”

“There were three basic violations involved,” Fasano told the Guardian. “Failing to maintain air monitoring systems appropriately; failing to maintain wash stations properly and failing to contain properly what they were receiving from those wash stations.”

Lennar was supposed to monitor asbestos dust at the site and make sure that vehicles leaving the site were washed down properly, so that the dust wouldn’t get tracked out.

The developer entered into a detailed asbestos dust mitigation plan with the Air District in 2005 and made power point presentations in the community to reassure residents that they would be protected from naturally occurring asbestos, a known carcinogen, while Lennar graded an entire hillside to build a 1,600-unit condominium complex.

But though monitoring was supposed to begin in July 2005, Lennar's negligence means there is no evidence of what the asbestos dust levels at the site were until September 2006. That was three months after intense grading began directly adjacent to a local k-12 school, where children played and studied, with only a chain link fence separating them from Lennar's machinery.

Fasana said the Air District and Lennar negotiated the penalty based on the type, duration and negligence of the violations.

Fasano told us that the settlement was completed by the end of August, but had not been mentioned before, because there had not been a Board meeting since the settlement was made. The Board's last meeting was July 30.

"The matter came up because folks from Bay View Hunters Point brought it up during public comment, " Fasano said. "It was going to be mentioned in the Executive director's report to the Board."

By Katie Baker

Thousands of visual artists wrote to Congress after the Senate passed the Orphan Works Bill (S.2913) on Sept. 27, urging their House representatives not to follow suit. As of now they haven’t, but the arts community is worried that the House will pass quietly behind the enormous economic issues currently distressing the country.

"Passing controversial legislation by this process, i.e. under the radar, is deeply troubling to say the least," the Advertising Photographers of America wrote in an email alert last week. "Every Senator needs to be held accountable."

The bill would deem “orphaned” any copyrighted work whose author can’t be located by a "reasonably diligent search." Artists fear that vague standard could allow individuals and corporations to steals artwork for any personal or commercial purpose after going through the motions of search. The artwork could then to deemed part of the public domain, preventing creators from claiming ownership and compensation for their work.

Gov.Sarah Palin gave the Democrats a great slogan, when she said "John McCain is the man we need to leave...I mean lead," during tonight's one and only vice-presidential debate. Classic.

Whoa, this is special.

According to a story in the Pasadena Weekly, Rep. Dana Rhorabacher -- a nutcase if there ever were one -- has decided that Sirhan Sirhan was part of an "arab conspiracy" to kill RFK -- and dressed in drag to secretly interview the admitted assassin in prison.

The fun thing about this is that there's a large and active Sirhan-Shirhan conspiracy underground out there, folks who attempt to linke the RFK killing to the JRK and Martin Luther King Jr. assassinations, the CIA, the Bay of Pigs, Israel, the Mob and many more shadowy characters.

And now we have Dana as Diana digging into this lovely mess. What a great country.

I

Gee, this campaign is getting weird. John McCain's brother suggested this weekend that Northern Virginia is "communist country."

But, ooh, they love Omama there.

CBC removed Canadian journalist Heather Mallick September 5 column about Palin after Fox complained

News that the Canadian Broadcasting Corporation removed a Palin-critical column from its website after FOX News complained, got me seeking out the column in question to see what the fuss was about, 'natch.

Just in case that link gets blocked, here's how Mallick began her censored column:

"I assume John McCain chose Sarah Palin as his vice-presidential partner in a fit of pique because the Republican money men refused to let him have the stuffed male shirt he really wanted. She added nothing to the ticket that the Republicans didn't already have sewn up, the white trash vote, the demographic that sullies America's name inside adn outside its borders yet has such curious appeal for the right."

So, was it "white trash" that got FOX going? Or her following suggestions that GOP has irreparably messed up its chances of securing the Pissed-Off-Hillary-supporters' vote?

"So why do it? It's possible that Republican men, sexual inadequates that they are, really believe that women will vote for a woman just because she's a woman. They're unfamiliar with our true natures. Do they think vaginas call out to each other in the jungle night? I mean, I know men have their secret meetings at which they pledge to do manly things, like being irresponsible with their semen and postponing household repairs with glue and used matches. Guys will be guys, obviously."

Was that got FOX News going? Or the following?

"Palin has a toned-down version of the porn actress look favoured by this decade's woman, the overtreated hair, puffy lips and permanently alarmed expression."

According to today's New York Times, "CBC ruled that its opinion writers had to stick to the facts even when they were joking around."

(Now, if only Palin had to stick to the facts, and not duck the questions, during her one and only VP debate.)

By Stephen Torres

For most, this year’s Oct. 2 will be remembered as the day of the highly-anticipated debate between Veep candidates (if it's remembered at all). But for our neighbors to the south, it marked the 40th anniversary of one the bloodiest, and what many view as one of the most pivotal, days in Mexico's history.

It was 1968, the year Mexico City was to play host to the XIX Summer Olympiad. Not unlike the games that just closed in Beijing, the choice had become a contentious one for the International Olympic Committee; as the games neared, it became increasingly evident that the country was under a constant state of unrest and protest. Stories began to circulate of disappearances and rampant political corruption as President Diaz Ordaz frantically tried to silence the dissidence (especially by the student population) against one party-rule, corruption, and the games themselves.

The Sierra Club has challenged Mayor Gavin Newsom to debate the merits of Prop. H, the Clean Energy Act that Newsom and Pacific Gas & Electric are opposing. If Newsom accepts, the Commonwealth Club has agreed to host the debate at high noon on Oct. 23. No word yet on who would argue for the measure, but it would most likely be its author, Sup. Ross Mirkarimi, who is mulling a bid for Newsom's job in a couple years.

The Mayor's Office is treating the request like any other, with press secretary Nathan Ballard telling me, "We received this invitation this morning, and we'll consider it along with every other invitation the Mayor has received." It'll be interesting to see whether Newsom, who is exploring a run for governor, rises to the challenge. His track record of helping local measures and candidates he supports is fairly dismal, and the case that PG&E (and Eric Jaye, the consultant Newsom shares with the corporate utility) has been making with regular mailers has been based mostly on alarmist lies and distortions.

Hopefully, an open and honest debate would help set the record straight, assuming Newsom has any interest in that sort of thing.

My brother called me this morning a bit upset. He runs a small construction firm in upstate New York and he's bummed about the bailout bill.

"I think I'm the only company in the United States that isn't getting something out of this," he said. "I should be making wooden arrows or importing rum."

And, indeed, as MSNBC reports, there are lotsa goodies in the bill:

Tucked into pages 262 and 263 of the bill, for example, are provisions that will aid the manufacturers of "certain wooden arrows designed for use by children." The bill will exempt the arrows from an excise tax of 39 cents. There are also tax breaks for race-track owners, for rum imported from Puerto Rico, for worsted wool makers, Hollywood film and television production companies and on and on.

Cindy Sheehan is having fun with this; she and her pals took to the Hyatt hotel across from the federal reserve with a message:

by Amanda Witherell

Last week SF Chronicle columnist C.W. Nevius waded back into one of his pet issues, homelessness, in a piece on the SF Streets and Neighborhoods workgroup. Convened by Mayor Gavin Newsom, the group is tasked with coming up with a few ideas to improve the street safety for a couple pilot projects centered around downtown. The group is stacked with local law enforcement officials, Newsom staffers, reps from the Chamber of Commerce and tourist groups, and a couple token homeless rights advocates, and the subtext of their mission seems to be implementing new quality of life laws, like a sit-lie ordinance, and double-strength enforcement zones that will further criminalize the already unfortunate condition of being homeless.

I reported on their last meeting here, a markedly different assessment than what Nevius penned.

Oh, where to start? How about the obvious: Nevius reported the wrong date of the next meeting. It’s actually going to be tomorrow, October 7 – though you wouldn’t necessarily know that since the group hasn’t posted its agenda. (Sunshine violation, anyone?) Anyway, Dariush Kayhan, the mayor’s homeless policy director, confirmed to me that the meeting is on Oct. 7, at 11 a.m., at St. Anthony Foundation’s offices at 150 Golden Gate.

Moving on: Nevius spins the group to make it sound like their work will be the first sip of a panacea long overdue – cooperation.

Whoops, too close, everyone's dead

By Tim Redmond

The Chron did its usual puff piece on Fleet Week today:

Windows will rattle, dogs will howl and a lot of people will complain about the ruckus. But those cries are traditionally drowned out by cheers from enthralled fans, and also drowned out by the jet engines.

I hate to be a killjoy, but there's more to this story.

I'll admit -- I love cool technology, and the F/A 18 is a boss jet. I always appreciate amazing human skill, and the people who fly in the Blue Angels are phenomenal pilots. In the abstract, it's a fun show to watch.

But this is a big city, and it's a city with a big antiwar movement, and this expensive show of military might is really pretty ridiculous.

I got an interesting letter from journalist Rick Knee this morning in response to the KTVU news coverage. He makes some good points.

The Barack Obama campaign will host a presidential debate watching party this evening at Temple Prana, 540 Howard near First Street, so come on down to bask in the lefty love as Obama fends off the increasingly desperate (and downright duplicitous) attacks by John McCain. Even Mayor Gavin Newsom will be there. The event starts at 5:30 and the action kicks off at 6.

San Francisco has approved or built thousands of new high-end condos, and if the free-market theory is right, as supply is increased, rents should start coming down.

But look! They aren't.

San Francisco is an utterly irrational housing market. You can build luxury condos til the cows come home and it won't bring down rents.

By Steven T. Jones

Pacific Gas & Electric has already reported spending $5.23 million to defeat Prop. H, the Clean Energy Act, pretty much solely funding the ironically named Committee to Stop the Blank Check. And that's just through the end of September, according to the latest campaign finance filing. With more than a month of blank check spending to go, PG&E is on pace to spend about $10 million to try to kill a measure that would establish renewable energy goals and call for study of whether public power might be the best way to reach those goals. That would make it the most expensive campaign in San Francisco history.

The major beneficiaries of PG&E's blank check have been Storefront Political Media, the firm run by Mayor Gavin Newsom's chief political consultant, Eric Jaye, and politicians such as supervisors Sean Elsbernd and Carmen Chu, who have appeared on the No on H mailers that have been clogging mailboxes for more than a month. But conservative political consultants Jim Ross and Tom Hsieh have also shared in this unprecedented payday, along with a variety of individuals and community groups. Yup, the checkbook is open for anyone willing to accept dirty money and a dirty environment.

You might think that the main money behind the campaign to keep JROTC in the San Francisco United School District is flowing directly from the military.

You’d be wrong.

Think Gap, PG& E and the San Francisco Association of Realtors, instead.

They are among the top contributors to a political committee that is supporting Proposition V, which is the measure on the November election that seeks to keep JROTC in the SFUSD beyond June 2009.

Here are the top five contributors to Choice for Students, the pro Prop. V committee in the November election cycle:

1.SF Chamber of Commerce 21st Century Committee: $20,500.
2. Donald Fisher, Gap, Chairman Emeritus: $20,000.
3. Plan C, San Francisco PAC: $10,000.
4. PG&E Corporation: $7,500.
5. SF Association of Realtors: $7,499.

To put those figures in a deeper political and financia; context, check out the next top six largest contributors:

6. SF Police Officers Association: $5,000
7. Keith Phillips, Founder, Project Homecoming: $500
8. Gerald Paratore, Teacher, SF United School District: $300.
9. SF Chapter, Military Officers Association of America: $250.
10. Gwen Chan, Retired: $200.
11.. Elko Council Navy League: $113.

Choice for Students committee treasurer Quincy Yu gave her explanation of why these organizations are backing Prop. V.
“This is not about the military,” Yu said. “It’s about the 1,600 students who used to be served by the JROTC program, 90 percent of whom are minority students. It’s about preserving programs that work for our kids. If our school systems are not robust, they don’t attract middle class, who are then not going to stay in the City."

With a son attending a SFUSD high school, Yu makes an articulate spokesperson for the Prop. V campaign, even if her own son decided not to enroll in JROTC, choosing football, instead.

Yu points to what she calls the hypocrisy of SFUSD buying food from the Department of Defense, while trying to drum JROTC out of town.

Which brings us back to questions of who really pays for JROTC to be in our schools. As it happens, the US Department of Defense pays 50 percent of the JROTC’s teachers’ salaries and 100 percent of JROTC’s supplies. So, even if it’s not making campaign contributions, the military does majorly underwrite the SFUSD’s JROTC program, all year round.

By Anna Rendall

Lots of people opposed the creation of BART, but what would the Bay Area be if taxpayers groups and libertarians successfully derailed the campaign that created it in the 1960s?

That’s the same argument proponents give to Proposition 1A, which would build a high-speed train from San Francisco to Los Angeles, allowing riders to get from one end to the other for $55 in two and a half hours, after a nine-year construction period and the sale of nearly $10 billion in state bonds.

For the last 12 years this plan has had its caboose dragged all over the legislative map, and now that it’s on the ballot, it’s time to decide if California adopts a green transportation source that’s proven popular in Europe and Asia or whether its derailed by fears that it will strain taxpayers in the midst of a financial meltdown.