Nightlifewars

I expect a little more from the New York Times

2010-07-22T17:52:00.000-07:00

It has been months since I have written anything here. Honestly, the initial panic that the ABC and police were going to drive all my favorite clubs out of business has subsided somewhat with the creation of the California Music and Culture Association, and the empowerment of the Entertainment Commission. But now today there is a story in the New York Times that truly disappoints. It deals with the "high costs" of patrolling near nightclubs, with various SFPD folk suggesting that the clubs should be paying extra for patrols.

Normally, I would think of the NYT as being a bastion of well-researched news. This story leads me to think otherwise. Nowhere does it mention the SFPD policy of shutting down traffic on Broadway during the weekends, which of course is killing business. There is no mention of the man-hours expended by the SFPD in harassing legitimate nightclubs, such as DNA, Butter, Myst and the like. This article makes North Beach sound like a war zone, when in actuality it is essentially a tourist mecca with strip clubs and expensive restaurants, that is only slightly more dangerous than Disneyland.

What's more, the club that the shooting happened near was Suede, which is many, many blocks from the heavily-patrolled stretch of Broadway the article talks about.

Police harassment on Broadway is nothing new. When I was 19 years old, I drove some friends to the On Broadway because Metallica was rumored to be doing a secret show there. The show was sold out, so I and my friends were standing on the sidewalk deciding what to do, when we were approached by one of SFPD's finest. He demanded our IDs, and when he saw that I did not live in SF, he told me I was not welcome in SF and should go home. As if I and my dorky teenage pals were a threat to anyone or anything. It taught me to believe that many policeman treat every human being they see as a potential criminal. No wonder they see such a threat on Broadway.

Bay Guardian updates, and BAR gives us the District 6 rundown

2010-04-08T19:26:00.000-07:00

First off, thanks to the Bay Guardian (and the SF Weekly) for keeping up on the story of the attack on San Francisco nightlife. The March 23rd Bay Guardian cover story tackled Mayor Newsom's puzzling behavior and catches up with various politicos and players to keep us informed on what is happening with our local government and the SFPD. I particularly appreciate the fact that they made Larry Bertrand the cover boy. This week, they got a response from Captain McDonough that paints him as a tireless protector of quality of life in San Francisco. From the sound of things, there is a community meeting being held in SOMA on the 21st of April. Might be worth attending.

The Bay Area Reporter today, made the valid point that whoever wins District 6 in the next elections will be handed the nightclub hot potato upon entering office. I myself plan to make it my business to find out each of their opinions and support the candidate who best represents my interests.

supe President Chui steps up, but hey, where's the Chronicle?

2010-04-06T10:27:00.000-07:00

Board of Supes president David Chui demonstrated some hyperbole-free leadership today by proposing that the Entertainment Comission (or some other government body) should have the right to permanently shutter problem nightclubs. This is good news, in my opinion, as the EC is currently hamstrung by its lack of enforcement capabilities. Since David Chui is not campaigning for the pale glories of the Lt Governor's office, his focus seems to be on what is best for San Francisco. He has earned my interest by this action, and I will certainly attend any public hearings on the subject to support this proposal.

I was interested to note however, that I got this story, not from our local rag, the San Francisco Chronicle, but from the San Jose Mercury News. the Chron seems to be limping toward oblivion these days. This is the sort of story that seems right up the Chronicle's alley, except it does not conform to their vision of a populace terrified by rampaging nightclub attendees. I have read reports hither and yon, of reporters leaving the Chronicle like rats leaving a sinking ship. I end up getting most of my local news from http://sfappeal.com/, http://www.sfbg.com/, http://www.nbcbayarea.com/ and the microscopically local news from Noe Valley Voice and The Mission Blog. I like having all those diverse opinions available to read, but it saddens me that the once mighty Chronicle's reportage has deteriorated so.

Oh hey, here's the Chronicle story, and its even written by a real person! Glad to note they have not given up entirely on reporting. For a far more sober and cynical view of these recent events, you should definitely check out Jamie Z's blog today.

We wait on Gavin to speak out for 8 months, and all we get is...

2010-04-05T12:51:00.000-07:00

this? Boy, am I disgusted. Where was the Gavin when the ABC began hounding every all-ages club in San Francisco? What is with his failure to mediate that has led a few frustrated nightlife advocates to go after the city with a lawsuit?

And here's a story that simply quadruples my cynicism about effective and informed SF city government. The SF Appeal found some crazy copy in a grant proposal accepted by the ever-useless Public Safety Commision. Perhaps if those clowns bothered to read something other than SFGate, they might realize that its been years since anyone has been brave enough to try throwing a rave within the city and county of San Francisco.

Lastly, I appear to be one of the few people that is sorry to see Terrance Alan leave the entertainment commision. Whatever else his connections or interests, he has been a tireless advocate for free and open nightlife in San Francisco. As a long time resident of this fair city, I recall the notorious police raid on one of Mr. Alan's parties that prompted the creation of the Entertainment Commission in the first place. If any of you out there have a good written account of that police raid, please share it with me here.

I have not been very active in my blog, sorry folks. I am working on doing something a little more public in the next month or so. I won't write about it till after the fact, but if you know me, I promise to invite you.

Black Rebel Motorcycle Club @ Slim's

2010-03-10T14:13:00.000-08:00

We went in search of rock and roll, and found it last night at Slims. BRMC was so good I am tempted to go see them again this evening. You should go see them too. Tickets are still available for tonight.

I have not been to Slim's since the ABC started their campaign to drive the club out of business, so it was kind of poignant to be at a sold-out, all ages show there. I have recently been idly speculating that the ABC's vindictive campaign against all ages clubs in San Francisco may be directly tied to the DNA Lounge opting to challenge the ABC ruling against their all-ages liquor license. The timing is about right. If that is what actually happened, then this is inappropriate abuse of power by a state agency.

Here's something fun you can do. As a state agency, the ABC has an online "customer service evaluation form" online. Why not take a few moments of your day to fill out this online form and let the ABC know how *you* feel about their recent efforts to kill nightlife in San Francisco. This is re-purposing their mandatory response form for our own purposes, but never for a moment forget that the ABC works for you. All government agencies do.

Refraining from Mixology, but yes, its related

2010-03-08T18:49:00.000-08:00

I am not as wound up about the arbitrary ABC campaign against rectification, as it is not quite the same thing as contemplating the loss of successful and venerated live venues to short-sighted, byzantine bureaucracy. I am glad it is getting so much press, and as I said, I am really curious what Alice Waters thinks about it all.

I have refrained from writing for a bit, but I simply have to share a great commentary written by Ben Van Houten for thebaybridged.com. Five Ways to Think About the Crackdown on SF Venues.

He sums it up beautifully in my opinion, and I too wonder where the Convention and Visitors Bureau is on this issue. Surely they must understand that tourists from near and far spend money at San Francisco's wonderful live venues.

This is a big music week for me, what with BRMC at Slim's and the Japonize Elephants and the Bottom of the Hill. I'll try to get a picture or two and perhaps see what mischief the SFPD is up to with those two great clubs.

I guess the ABC is getting bored with harassing kids, now they are going after foodies!

2010-02-24T12:01:00.000-08:00

Today the SF Appeal describes with their typically snarky commentary the latest bit of stupidity by the ABC. Their target? The culinary cocktail movement. I wonder how Alice Waters feels about this.

Michael Bauer from the Chronicle is all up in arms about this latest, misguided ABC effort. Though I would hate to see all my favorite creative bartenders put out of business by this effort, one hopes Mr. Bauer connects the dots and links this latest campaign to the attack on nightclubs that serve food.

Let's imagine San Francisco as the ABC and SFPD have envisioned. All music venues are owned by major entertainment corporations, and are either all ages with no liquor, or 21 and over with no kids allowed. There will be no place in San Francisco where one can get food, alcohol, and live entertainment. Also, there will be no private parties with djs. Any gathering of more than 20 that features turntables, an amp,a band, or an ipod hooked up to speakers will get shut down. Lastly, say goodbye to the culinary cocktail movement. The only cocktails served in San Francisco will be sanctioned by Smirnoff. To be realistic, many of the things that make San Francisco such a vibrant city will disappear, as few independent entrepreneurs will be able to take a chance on running such businesses at a loss. San Francisco will become more and more suburban, more like San Ramon than a world class entertainment city.

Is that the San Francisco you want?

Sharing the new reality with an out of town musician friend

2010-02-20T11:40:00.000-08:00

I had a couple of beers last night with a dear friend who is a musician and who's parents are ACLU lawyers. He just moved back here after 4 years of New York, so has missed most of the drama surrounding trying to have nighttime fun in San Francisco. I told him of the ABC's campaign against all ages clubs here, the notorious party laptop confiscations, the zero-tolerance policy on underground parties and gatherings, and the SFPD harassment clubs like the DNA Lounge are enduring on a daily basis. He simply can't believe its happening. He kept asking "Is this legal? What laws are being broken? Has someone contacted the ACLU?"

I am not a lawyer, so I can't say what is legal or not. It all seems pretty shady, however. I am a big fan of the rights guaranteed by our Constitution. There's that bit in the first amendment about the "right to free assembly" that seems to be getting squished at the private parties that are getting shut down. The "unreasonable search and seizure" clause of the fourth amendment seems to be where laptop confiscations have gone awry. Perhaps every party in San Francisco needs to post those two amendments boldly, both for the benefit of cops who might be thinking of ignoring those rights, and the patrons themselves, who need to know their rights when confronted by an angry policeman intent on intimidating them. Know your rights.

So I have another out-of-town friend here this weekend. Do I take her to Bootie, who are hosting the Hubba Hubba review tonight? There's every possibility that what she will get is a police drama on the street instead of a dancing girls in the the club. I can also walk her over to Slims and show her the incredibly depressing pitch in their window to raise money for their fight against the ABC.

I wonder if I, as a private citizen can get the ACLU in on what is happening here. The club owners themselves are no doubt scared to death of doing such a thing, as once they win in court, they can guarantee law enforcement will be crawling over their activities with a microscope for as long as they are in the business. I will see what I can do.

This one night at the DNA Lounge...

2010-02-17T16:07:00.000-08:00

Last Saturday my hubby and I decided to drop in on Bootie's triumphant return to the DNA Lounge. We got dropped off by a friend, and noticed two odd things: first, several police cars parked in front of Butter, and lots of officers on the street. The next thing I noticed was that there was no line at the DNA, even though it was midnight, prime time for people to show up for Bootie. Knowing what I know is going on with SF nightlife, I just chalked it up to some SFPD BS. Sure enough, a quick check of the DNA Lounge blog told me the whole ugly story. The DNA is in for weekly harassment, Butter got shut down, and the cops also pestered the patrons of Mist down the street. Larry Bertrand waved his proverbial nightstick around, and evidently intends to keep doing so till all the clubs on 11th street are driven out of business.

I've testified in front of the board of supervisors on this issue, and now I have written to the mayor as well. Newsom calls San Francisco an event-positive city. Evidently, Larry Bertrand and the SFPD are attempting to prove him wrong. Here is what I said to Mayor Newsom. If you are reading this, please write to him as well.

"Hi Mayor Newsom,
I will get to the point quickly. Why are the SFPD officers conducting Gestapo tactics at some of the best run nightclubs and bars in San Francisco? What on Earth is happening in South of Market? Is there anything you can do to reign in officer Larry Bertrand's one-man campaign to kill nightlife in San Francisco? How do tourists who have heard of Bootie, or other world-class nightclub entertainment in SF, react when the see a police mob? NOT SPEND MONEY is what. What's more, why do I even know officer Bertrand's name? The horror stories I have heard of his tromping on the Constitutional rights of both patrons and club owners is chilling. And where the Hell was Officer Bertrand during the Suede club killing? No doubt harassing clubs South of Market.

Are you powerless in the situation, or do you simply not care? Do you really want the death-knell of nightlife in San Francisco to be your lasting legacy to the city as mayor? Don't talk to me about Suede. Badly-run clubs that tolerate thugs are going to have such problems. But the DNA? Slims? Butter? What is particularly fiendish about the targeting of the DNA is that they are a very gay-friendly, nightclub and provide a safe and fun environment to dance and have fun after 10pm. If this is the way a place like DNA gets treated, (ie, police harassment and weekly "sidewalk-blocking" tickets that get thrown out by a judge), what hope is there for the other legitimate nightlife businesses in San Francisco?

Please do something. We need leadership from the Mayor's office on this.

Sincerely,"

Its been a while

2010-02-10T22:42:00.000-08:00

The holidays have intervened, and I I have not gotten out much lately, other than a great metal show at the Parkside (that had been moved from the "closed by the ABC" DNA Lounge. That was Korplikaanii, Tyr and White Wizard. It was fun.

But here's to the news. A party, which was a fundraiser, happened in San Francisco two weekends ago. January 31, some folks who were trying to raise money for the legal defense of students protesting fee hikes, got busted by the cops and "turned violent"
the violent party in question

Seems some "neighbors" called in a noise complaint, and the attendees got "violent". Only the attendees tell a different story. They got bum-rushed and attacked by the cops with little or no warning. As undercover cops were in attendance, we can be sure that Larry Bertrand was busting heads. He seems to consider South of Market and the Mission his personal stomping ground.

Too bad for those SFSU students that they did not get the memo, that it is forbidden to throw a party of any kind in San Francisco. Maybe the school administration should include this information with student schedules: Do not organize any event with music, alcohol and people within the SF city limits. Fun is not allowed in this city.

Ice Cube-free night

2009-12-10T23:15:00.000-08:00

I have been away for a few days, prepping for a big event we are throwing on Saturday.

Tonight Ice Cube was supposed to be playing at the Regency Ballroom on Van Ness. However, the show was canceled due to the shooting that occurred at the Regency Ballroom November 16th. The police and the Entertainment Commission had come to an agreement earlier wherein the cops would have the authority to cancel events if a felony occurred at the venue during an event. I suspect that there is not a policeman in San Francisco who does not know who Ice Cube is. NWA authored a searing indictment of police brutality that made them famous and also made it virtually impossible for them to play live anywhere in the United States. I suspect that if say, Arcade Fire were the artist in question, they would not have had their show canceled by the police.

In reading up for this little entry, I found a great history of NWA online, originally written by Terry McDermott for the LA Times. Its definitely worth checking out.

Wherin the CMCA comes into being

2009-12-04T11:41:00.000-08:00

On Wednesday December 2nd, I attended a meeting at the Mezzanine nightclub in SOMA that was the foundation meeting for the California Music and Culture Association, or CMCA. Their goal is to seek standardized enforcement of alcohol and venue regulations throughout the state. This group had been meeting in a rather ad hoc fashion for a few months, but were inspired to open the meeting up to the public by the recent reports of DJ laptop seizures. Most of the attendees were either nightclub owners, or employees. There were also a few djs and people like myself. And Chicken John. :)

Much of the night was taken up by procedural hoo-ha, but as layman, I learned some very interesting things that I must share.

The most dramatic revelation concerned the criminal activity that occurs outside nightclubs.
In 2003, as a result of a mayor's summit on nightlife and safety, the Entertainment Commission was formed to act as a liaison between club owners and the police. Evidently, this arrangement did not sit too well with police brass. The result has been that the police have taken a "hands off" policy to nightclubs in town. In other words, in spite of the fact that there are laws on the books that prohibit loitering outside nightclubs, the SFPD is refusing to enforce these laws. I say this because the 50 or so people that were at the meeting wee pretty much in consensus that this was happening. It was described as the police simply ignoring calls from club owners for enforcement.

What this has done is demonize the nightclubs as crime magnets, when in fact the police are choosing to ignore crime around clubs so that public opinion turns against the clubs and the Entertainment Commission. This is where the weekend street closure policy on Broadway has come from. San Francisco's venues are actually the victims of a lack of police enforcement. It all makes sense to me now.

Another bit of information I have learned is that California, unlike Washington, Oregon, and New York, has no citizen oversight of the ABC. What this means is that they can execute their mandate to police alcohol sales and associated nightlife activities with zero input from the very people they are policing. You, as a citizen, have no redress save the courts if the ABC takes issue with your activities. For example, the various clubs in town who have been cited by the ABC for ridiculous, made-up rules that they claim have been broken, have no other recourse than to spend thousands contesting the issue in court. Tim Benetti from Bottom of the Hill, told us that his club has thus far spent over $60,000 defending itself against the ABC's outrageous charge that they must make at least 50% of their revenue from food if they want to keep their all-ages liquor license.
http://sflnc.com/articleGallery/state-clubs.html

It seems self-evident that every club that has been targeted by the ABC and is fighting is spending something similar. So if you see these clubs fold in the next year, recognize that it is not the economy, but a government agency that has driven them out of business.

Something I found most interesting was learning that it is virtually impossible to throw a licensed private party in San Francisco, as there is no procedure on the books to get licensing. That means if you decide to have a party and invite friends to dj, there is a good chance you will be busted, your party killed, and your music equipment confiscated in this new, incredibly hostile police environment. Laptop seizures have been happening at private parties and non-profit fundraisers. So unless you are willing to shell out thousands of dollars to rent a licensed venue and pay a bar deposit, you cannot gather more than a few of your friends together to listen to music, dance and drink.

As to the laptop seizures, that effort, it appears, is being driven by one officer, Larry Bertrand (SFPD badge number 414), who's name came up again and again during the meeting. All the club owners know who he is, and he is the officer responsible for the laptop seizures. Bertrand has been described as "an officer out of control", and at least three attendees as the meeting have reported his violent actions to the Office of Citizen Complaints. Perhaps party and nightlife organizers should post copies of the 1st and 4th amendments to the Constitution on their front doors. If you Google his name and SFPD, the first 20 links are all articles and stories about laptop seizures. This man is an undercover cop, who has said he is taking it upon himself to shut down every illegal party in San Francisco:
http://www.dnalounge.com/backstage/log/2009/11/

Other police officers who's names we all should be aware of are:
Commander Jim Dudley: http://www.linkedin.com/in/jimdudley1946
Before he took this job, he was responsible for North Beach and drove the effort to shut down Broadway to weekend traffic, which is killing the nightclubs along that corridor. For more on him and his reactionary views, read here:
http://www.dnalounge.com/backstage/log/2009/10/23.html

Chief George Gascon: http://cbs5.com/local/san.francisco.police.2.1048566.html
The new chief comes to us from Mesa, Arizona. While his resume appears somewhat tolerant, he seems to condone the laptop seizures.

Michelle Ott, who is an inspector for the ABC, and is notorious among the club owners. I could not find anything about her online in a cursory search, so let me know if you learn anything.

The holiday season is upon us. Parties are the norm this time of year. Know you rights, and be aware of who these people are. They work for you and you pay their salaries with your taxes.

EFF wins one for the DJs

2009-12-01T13:41:00.000-08:00

This morning, Jennifer Granick, legal counsel for the Electronic Frontier Foundation, argued successfully for the return of DJ laptops that had been confiscated from private parties in San Francisco. Hooray for Jennifer and the EFF!

Read her version of events here:
http://www.eff.org/deeplinks/2009/12/side-djs-win-laptops-back

For a little background, check out the Bay Guardian's report on the new police tactics:
http://www.sfbg.com/entry.php?entry_id=9462&catid=&volume_id=452&issue_id=460&volume_num=44&issue_num=08

And So I Begin

2009-11-30T12:53:00.000-08:00

In the past 6 months, I have been observing with increasing frustration and horror, the unrelenting attacks on San Francisco nightlife. It appears there are rather unimaginative political animals in the Bay Area and Sacramento that can think of no other way to put themselves forward than to demonize one of the few surviving cultural outlets in San Francisco. To whit, two major efforts, one by the ABC, and the other by the SFPD are having a chilling effect on live music and dj events in my fair city.

I have attended a few hearings, written to my representatives, and now it is my intention to document publicly all I have learned by this effort. The opportunity to experience live music in intimate settings is one of the primary reasons I choose to live here. I will do whatever I can to see that Steve Hardy (ABC) and George Gascon (SFPD) do not destroy San Francisco nightlife from a selfish desire to make themselves politically famous. When they are long gone, San Francisco will still have a vibrant nightlife if I have anything to say about it.