Wednesday, February 24, 2010

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

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?

Saturday, February 20, 2010

Sharing the new reality with an out of town musician friend

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.

Wednesday, February 17, 2010

This one night at the DNA Lounge...

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,"

Wednesday, February 10, 2010

Its been a while

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.

Thursday, December 10, 2009

Ice Cube-free night

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.

Friday, December 4, 2009

Wherin the CMCA comes into being

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.

Tuesday, December 1, 2009

EFF wins one for the DJs

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