Saturday, May 05, 2012

Queer Democrats Unanimously Oppose Pension “Reform”

by MARK GABRISH CONLAN

Copyright © 2012 by Mark Gabrish Conlan for Zenger’s Newsmagazine • All rights reserved

Lani Lutar and Todd Gloria

Terrie Roberts

George Schaefer

Garland Peed

The predominantly Queer San Diego Democratic Club heard an hour’s worth of discussion on the so-called pension reform measure, Proposition B on the June 5 ballot, but it didn’t take the club long to vote a unanimous endorsement against the measure. Sponsored by Republican City Councilmember and Mayoral candidate Carl DeMaio, and also promoted by current Mayor Jerry Sanders, the measure would eliminate guaranteed-benefit pensions for new city workers (other than police officers) and put them on a 401(k)-style investment plan instead. It would also freeze all city workers’ pay for five years.

The club’s debate on the measure featured Lani Lutar, president and chief executive officer of the San Diego County Taxpayers’ Association, arguing in favor of Proposition B and City Councilmember Todd Gloria speaking against it. Liam Dillon from the Voice of San Diego Web site served as moderator and asked all the questions, loosely based on submissions from club members and others in the audience. Dillon also kicked off the meeting with a brief explanation of how traditional defined-benefit pensions work and how the city of San Diego fell millions of dollars behind in its obligations to the city workers’ pension funds.

In 1996 and again in 2002, Dillon explained, “the city decided to take money from the pension system and at the same time they promised employees more benefits in the future.” The crisis led to the resignation of Mayor Dick Murphy in 2004, the loss of the city’s credit rating – meaning it could no longer issue bonds and borrow money – and the passage of Proposition G in 2006, which required voter approval of future pension increases. Also, Dillon said, “In 2008, negotiations with labor unions lowered pension benefits for new city hires.”

According to Dillon, San Diego’s pension payments will continue to increase until 2025, when the city pays off the giant losses the pension fund suffered in the 2008 market collapse. In 2029 the city will finally pay back the underfunding from 1996 and 2002. Even if Proposition B loses, the city will save money not only from paying off these debts but also, Dillon said, from “the less generous pension plans for new employees approved in 2008.”

So why do Proposition B’s supporters think it’s necessary? Because, said Lutar, “Right now pensions are subsidized by taxpayers. Our initiative ends that. As Liam explained, there were a number of key [City Council] votes that gave us an unfunded liability of $2 billion. This is money being taken away from city services, including libraries, roads and public safety. Proposition B saves $1 billion over 30 years, and it reforms pensions for all city employees. It ends pension spiking, by which city employees get more when they retire than they did while they were working. That occurs because of various mechanisms this measure eliminates.”

Lutar also questioned Dillon’s description of the initiative as freezing city employees’ pay for five years. What it freezes, she said, is “pensionable pay.” It doesn’t, she said, prevent the city from offering employees bonuses that put money in their pockets now but don’t add to their pensions.

Councilmember Gloria’s main objections to Proposition B were that it’s not necessary and it’s unfair to the city’s current and future workers. “We have reduced both employee salaries and pensions,” he said. “Proposition B doesn’t do a thing to address the pension debt.” Gloria said that, because of the startup costs involved in shifting from a defined-benefit pension to a 401(k)-style system, the initiative actually “increases pension costs by $54 million over the next three years. If Proposition B passes, we will see extensive litigation and cuts to city services. It will do nothing to stop six-figure pensions” to city administrators.

According to Gloria, the city has already turned the corner on its financial crisis of a decade ago. He noted that San Diego’s current budget has a surplus of $16 million, compared to the $200 million deficits of both Los Angeles and San Francisco. “If we are already in surplus, why on earth would we do this?” Gloria said. “This is part of a broader effort to attack workers and make their lives miserable. If you can believe that, and I hope you do, I hope you will reject it.”

“Councilmember Gloria brought up the issue of a balanced budget,” said Lutar. “If you drive down the street, you’ll know we don’t have a balanced budget in terms of maintaining infrastructure. There’s no question that tremendous progress has been made under Mayor Sanders’ leadership, but to pretend there is no financial challenge facing the city would be an insult.”

“We have done a 182 percent increase in road maintenance since I joined the City Council [in 2009],” Gloria said. “The pension underfunding scheme took place in the first place because the city’s budget couldn’t be balanced.” He also argued that switching new city employees to 401(k)-style pensions doesn’t save the city any money now because the savings won’t kick in for decades, until the newly hired workers reach retirement age.

The entire savings being touted by the supporters of Proposition B, Gloria said, come from the five-year freeze on city workers’ pay – which Gloria says is illegal because it changes workers’ salaries without giving their unions a chance to bargain with the city. He said that if Proposition B passes, the city workers’ unions will sue to have that part of it thrown out – and if they win, Gloria noted, “you get all the upside costs and none of the savings.”

Fielding a question on whether the city had a pension problem, Gloria said, “We have a pension debt problem. We have to pay back the money [former Mayors] Susan Golding and Dick Murphy stole [from the pension fund]. We can’t get out of that debt overnight, but once it’s paid off, the pension costs drop tremendously. 401(k)’s are not cheaper. One clause of the initiative takes pensions away from city employees who commit crimes. That is reasonable but it’s hardly going to save the city any money.” Gloria also said that all the savings in the pension bills up until now have been through the so-called “meet and confer” process – essentially collective bargaining for public employees – and “that’s a much more effective path than going to the ballot.”

Lutar said that though the current City Council has acted responsibly – city employees haven’t had a raise in five years, which would stretch to 10 if Proposition B is approved and its freeze on city workers’ pay survives the courts – “we can’t predict what future City Councils will do. This initiative was put on the ballot by a citizens’ group. It doesn’t increase costs by one cent. If we do nothing, pension costs will increase in the next decade. … The reason the initiative is crucial is we can’t count on this City Council or the next City Council to do the right thing. This is a permanent solution.”

“I love Lani but I want to be tough on her,” Gloria said. “She’s said there’s no cost to adopting this initiative. The city auditor says it will not necessarily bring about savings because all the savings are predicated on future City Councils not giving pay increases to city workers. This is not locking anything in. It has no guarantees, no taxpayer protections, and it does not deserve your vote.”

In a dramatic last-minute move, the club reversed its “acceptable” rating for Congressional candidate Juan Vargas, which it had given in February despite Vargas’ opposition to marriage equality for same-sex couples. The club pulled Vargas’ “acceptable” rating after he provided the decisive vote in a State Senate committee to kill a bill by State Senator Christine Kehoe, a longtime favorite and the first “out” Queer to hold elective office in San Diego, which would have expanded access to abortion by allowing nurse-practitioners and some midwives to perform abortions.

The club also joined the California Democratic Party in endorsing two measures on the June 5 state ballot: Proposition 28, which reduces the number of years a state legislator can serve from 14 to 12 but allows all their service to be in the same house; and Proposition 29, which increases taxes on tobacco products to fund cancer research. It endorsed two Democrats running for judge, George Schaefer for Office 25 and Terrie Roberts for Office 24, and rated Republican judicial candidate Garland Peed “acceptable” largely because he’s running against a Right-wing opponent who’s publicly stated President Obama is ineligible for office. The club designated four campaigns as priority races for June 2012: No on B, Bob Filner for Mayor, Mat Kastrinsky for City Council in District 7, and Dan Roberts for County Supervisor in District 3.

A Challenge to All Supporters of Medical Marijuana

by LEO E. LAURENCE, J.D. • Law Enforcement Against Prohibition

Copyright © 2012 by Leo E. Laurence for Zenger’s Newsmagazine • All rights reserved

In every corner of the state from San Diego to San Francisco, federal prosecutors are on a massive national campaign to close all medical marijuana dispensaries!

The Obama administration is at war with the medical marijuana community, violating his campaign pledge not to use federal resources to attack activities that are legal under state law.

The “Feds’” method is to hit landlords who rent storefront space to dispensaries. Procedurally, under federal, criminal law the “feds” can confiscate the property and send violating landlords to 40 years in a federal penitentiary. 

We need a massive campaign on social networks to flood the White House and the Department of Justice in Washington, D.C. with protests against this blatant violation of state’s rights.

I’m personally asking YOU, my reader, to use social networking to demand that the White House and/or the Justice department stop their idiotic campaign to close ALL medical-marijuana dispensaries. That violates the U.S. Constitution.

My confidential sources in the White House, who cannot be named because they are not authorized by the White House to speak on this controversial issue, say the president himself quietly signed off on this federal attack on medical marijuana.

IRS and Drug Enforcement Administration agents recently raided a northern California medical marijuana training school, Oaksterdam University, founded by Richard Lee.

Lee had been involved in pushing ballot measures to legalize cannabis. He gave more than $1.5 million to support legalization in California.

Oaksterdam University has offered classes to would-be medical-marijuana providers in courses ranging from horticulture to business skills and legal issues involved in operating legal dispensaries. The university did not distribute marijuana, according to confidential sources.

Lee is closing the large operation after local, state and federal agents raided his school, his home and his dispensary.

“I am now in this legal situation, so it’s better for me to step aside,” Lee explained.

The (federal) agents confiscated marijuana, computers and company files, making it difficult to continue operations.

Lee said, “The agents came to my home and showed me search warrants. They did not list what they were seeking, or the purpose of the raids.”  If true, the warrants may have been defective and challenged on motions before trial in the Superior Court.

“(The raids) were something we’ve always feared, but we have always known it’s a part of the politics” on marijuana issues.

Tens of thousands of our tax money is being thrown against the medical-marijuana dispensaries in the months-long crackdown; approved by the White House and the Department of Justice in Washington.

Hundreds of protestors hit the streets in downtown Oakland within hours of the raids. More than 18,000 have signed Lee’s on-line petition demanding an end to the federal crackdown on medical-marijuana dispensaries.

“I don’t know how this will play out,” says reporter Peter Hecht of the Sacramento Bee.

Landlords of dispensaries throughout California are very scared because they could lose their property and/or spend 40 years in a federal penitentiary.

“We may need the help of law-enforcement organizations like Law Enforcement Against Prohibition [L.E.A.P.] to prevent the collapse of the medical-marijuana industry nationwide,” he added.

Inside sources estimate that there are only 19 dispensaries now operating in San Francisco, and only four in Oakland.

In San Diego, at one time before the federal crackdown scared landlords, there were about 220 dispensaries operating.

Now there are only about 3 operating in San Diego.

HopeNet is a bohemian establishment in San Francisco where marijuana patients could toke from vaporizers and bongs at a breakfast bar. On-site consumption was allowed by the city because it was more than 1000 feet from an elementary school.

Recently, however, a Mandarin language school opened nearby, and the feds now want the dispensary closed. Were the feds instrumental in establishing that Chinese-language course as a means of closing the dispensary?

Legislative Progress

An Assembly committee recently passed legislation to create state oversight of medical marijuana dispensaries. Its chair, San Francisco Democrat Tom Ammiano, said, “The worst choice is for Californians to sit idly by doing nothing and let this failed war on medical marijuana by the feds to continue unchecked.”

AB2312 would charge fees on dispensaries and other medical marijuana businesses to create and finance a policing agency, the Bureau of Medical Marijuana Enforcement.

The board would approve licenses for businesses selling, growing or transporting marijuana for use by people with physicians’ recommendations.

Challenge to All Readers

Reader, you are challenged to send TWO e-mails or letters to both (1) the White House and (2) the Department of Justice in Washington. Your message can be simple:

Mr. President: Please keep your campaign promise not to use federal agents to shut down medical-marijuana businesses that comply with state laws.

Send me a blind copy of your e-mails to: leopowerhere@msn.com.  If you need to discuss it, call me at (619) 757-4909.

L.E.A.P. needs calls or e-mails from current and former law-enforcement officers who support medical marijuana. Our contact can be totally confidential.

L.E.A.P has over 50,000 supporters in over 80 countries. and most have carried a badge. Share your stories by calling me: (619) 757-4909.

Thousands of San Diegans Lose Right to Vote

Registrar’s Decision Targets Seniors, Disabled, Non-English Speakers

Copyright © 2012 by Mark Gabrish Conlan for Zenger’s Newsmagazine • All rights reserved

San Diego County Registrar of Voters Deborah Seiler has made a procedural decision that will void the ballots of thousands in the June presidential primary election. They are mostly of seniors, some disabled and non-English voters.
Even an exposé by Channel 10 News in the last election did not change Seiler’s odd decision, which resulted in thousands of ballots not being counted.

The election process

For each election, there are hundreds of precincts through the county where voters can cast their ballots. A sworn election board runs each precinct.
After a voters fills out their ballot, they go into a sealed boxes and are delivered to collection center run by deputy sheriffs, according to a precinct inspector who asked that her name not be used because she is not authorized to speak by the registrar of voters.
It’s really a complex process and there is an army of volunteers and paid staff that runs each election.
The ballots can only be counted when the voter correctly fills in the small ovals next to all candidates. If they mark their ballot choices with an “X” or with a check mark, the ballot is voided.

Scanners do the counting

The ballots are counted by electronic (not on-line) scanners. The critical and possibly unlawful decision by the Registrar of Voters ordered that the scanners be placed at the huge Registrar of Voters’ offices.
If a ballot was incorrectly marked with “X,” they are rejected by the scanners.
When the scanners were placed at each precinct, when a ballot is incorrectly marked with an “X,” rather than filling in the small ovals, the voter has the choice to re-cast their ballot.
The Registrar of Voters reportedly also didn’t think the volunteers at the scanners election precincts were smart enough to be able to operate the simple scanners.

Possible crimes involved

Section 14105 of the California Elections Code requires the Registrar of Voters to provide sufficient tabulation equipment to all sworn, precinct boards. The penal provisions (§1800 et sec.) of the Elections Code provides for fines of not more than $1,000 for Seiler, or imprisonment in a state prison for two years if convicted of violating the Election’s Code.
Some strongly urge our District Attorney Bonnie Dumanis (Candidate for mayor) to open a criminal investigation of Seiler.
Many precinct workers urge the Registrar of Voters to return the scanners to each precinct, as has been done before in San Diego.
The news media on election night will get the results much faster if the scanners are returned to each precinct.
The ballots of thousands of voters in San Diego County are not being counted by the current system.

FCC Decision Opens Radio Airwaves Nationwide

Creates Opportunities for Hundreds of New Community Radio Stations

A media release from Prometheus Radio Project, www.prometheusradio.org

Washington, D.C. — In a victory for communities nationwide, on March 19 the Federal Communications Commission announced that the agency will open the airwaves for community radio. To make room for a new wave of local stations, the FCC will clear a backlog of over six thousand pending applications for FM translators, which are repeater stations that rebroadcast distant radio stations. The decision will allow for the first new urban community radio stations in decades.
“Today the FCC has opened the door for communities to use their own local airwaves, and that will be transformative,” said Brandy Doyle, Policy Director for the Prometheus Radio Project. “We commend the Commission staff for the care and diligence they have shown. We also wish to thank Chairman Genachowski, Commissioner McDowell, and particularly Commissioner Clyburn and her hardworking staff for their efforts on behalf of communities.”
The announcement concludes the first hurdle in implementing the Local Community Radio Act, passed by Congress in 2010 after a decade-long grassroots campaign. The FCC is on track to accept applications for new Low Power FM (LPFM) stations nationwide as early as Fall 2012. Community groups are gearing up to apply for the licenses, which will be available only to locally based non-profit organizations.
“For our migrant communities here in Arizona, community radio would give a voice to people who rarely get to speak for ourselves in the media,” said Carlos Garcia, Lead Organizer with Puente Arizona. “Anti-immigrant voices dominate the airwaves. Community radio can help us tell our own stories, share news and information, and get organized.”
Broadcast radio remains one of the most accessible means of communication in the US, with 90% of Americans listening at least once a week.
“Radio is a great tool for reaching working people — it’s free to listen, easy to produce, and people can often tune in on the job or while doing housework,” said Milena Velis, Media Organizer and Educator with Philadelphia-based Media Mobilizing Project. “In Pennsylvania, we’re facing big challenges, from education cuts to rural poverty to environmentally destructive shale drilling. We see community radio as a way to bring people together and create solutions from the ground up.”
Low power community stations are non-commercial and cost as little as $10,000 to launch, putting these stations within reach of many communities who have limited access to other media outlets.
Hundreds of pending translator applications will be dismissed in Philadelphia, Phoenix, and dozens of other cities, in compliance with the rules released today. The FCC plan will preserve channels by dismissing translator applications that would preclude future community radio stations in certain markets where the FCC has determined that space for community radio will be scarce.
“We are pleased that the FCC has taken such a careful approach to preserving channels for community radio,” said Doyle. “And we’re particularly glad that the FCC has taken our recommendation to ensure that the frequencies set aside are in populated areas, where they are needed. This will make a big difference in San Antonio, Sacramento, and 12 other mid-sized markets, where stations too far from the city would have reached only tumbleweeds or farmland.”
The FCC had stopped processing the pending applications in response to a 2005 petition filed by Prometheus and Media Access Project. The new processing plan includes several changes proposed by Prometheus to improve the outlook for community radio.
Also today, the FCC released a set of proposed rules for new community radio stations, asking for public comment on the proposals. That release begins the final rulemaking procedure which must be completed before the agency can accept applications for new stations.

The Prometheus Radio Project has been the leading advocate for low power community radio since 1998. Prometheus led a decade-long grassroots campaign to pass the bipartisan Local Community Radio Act, succeeding in 2010. Over its history, Prometheus has supported hundreds of communities in licensing, building, and operating their own radio stations.

John Brooks: Occupy Inspires Neophyte to Run for Congress

interview by MARK GABRISH CONLAN

Copyright © 2012 by Mark Gabrish Conlan for Zenger’s Newsmagazine • All rights reserved

The Congressional candidates’ forum at the February 23 meeting of the San Diego Democrats for Equality featured three people running for the 51st District seat Bob Filner is giving up to run for Mayor of San Diego. Two of the candidates, state senator and former city councilmember and assemblymember Juan Vargas and former state senator and assemblymember Denise Moreno Ducheny, were familiar to the members. The third one was John Brooks, a short, wiry African-American who looked considerably younger than his account of his life — he said he had retired after spending 30 years working for the federal government as a Fish and Wildlife Service agent — suggested.
Brooks told the club that he’d been inspired to run for Congress by the Occupy movement, but club president Doug Case’s scoring of his answers to the club’s issues questionnaire gave him 88 out of a possible 100. He got points taken off for answering the question whether government agencies should do business only with private companies that offer benefits to the same-sex partners of their employees, “U.S. companies, yes. Foreign companies, no. [We] do not have a right to push our beliefs on other countries.” He also responded to a question about whether the U.S. government should support international family-planning efforts that include counseling pregnant women about abortion as an option with a similar sentiment: “We do not have a right to dictate to other nations.”
Other reproductive-choice issues that got Brooks in trouble included the questions on whether there should be laws requiring women seeking abortions to notify their spouses or, if they are minors, their parents. “I think the partner has the right to know,” Brooks said. “The woman has the final say, but the partner has the right to know.” On the even more hot-button issue of parental notification, Brooks said, “This is a tough question. The minor could have had sex with an adult, or [been] raped, in which case the parents should know. But in general, it depends on the minor’s age.”
In answer to the question women should have to undergo ultrasound viewings, so-called “fetal pain” lectures and other “irrelevant/inaccurate medical information” before obtaining an abortion, Brooks wrote, “A woman should not just have an abortion because she knows what the word means. She should be educated on what an abortion means (not preached, or made to feel bad, just educated)” ­— a response that provoked boos from club members when Case read it.
Brooks also got downgrades for insisting that the Constitution does not mandate the separation of church and state — though he agreed that “the two should not mix” — and for saying he was “on the fence” about clean needle exchange to protect injection drug users from AIDS and bloodborne diseases. By contrast, Ducheny got 100 percent and Vargas got 97 percent for saying he had “not decided” whether to support marriage equality for same-sex couples. As a state legislator, every time a marriage equality bill has come for a vote, Vargas has either voted against it or been absent, and when he was asked about marriage equality at the meeting he gave a convoluted answer that suggested he didn’t think government should be in the business of marrying people at all.
Based on Case’s report of Brooks’ answers to the questionnaire, a post about the meeting on the Zenger’s blog [http://zengersmag.blogspot.com] said, “Ironically, Brooks claimed to have been inspired to run by the Occupy movement even though his questionnaire answers suggested he was the least progressive of the three candidates.” Christian Schneider, a staff member on Brooks’ campaign, took exception to the post and provided Zenger’s with Brooks’ actual questionnaire — including his responses to the marriage question, which said that he’s for marriage equality but also opposes discrimination against couples, straight or Queer, who choose not to marry. “‘Couples,’ i.e. two humans, should be entitled to all benefits under the law now extended to ‘married’ couples,” Brooks wrote.
Zenger’s edited the article and used some of this material in the print version, published in the April 2012 issue, and later scheduled an interview with Brooks both to clarify his positions on the issues raised by the Democrats for Equality and to showcase his unusual history and path to a political candidacy. Sean Bohac, member of the San Diego Alliance for Marriage Equality [S.A.M.E.] steering committee, a defendant in the Equality 9 case involving a civil-disobedience action in support of marriage equality, and a volunteer for Brooks’ campaign, accompanied him and sat in on the interview.

Zenger’s: John, why don’t you start by telling me a little of your story, your background?
John Brooks: John Brooks is my name. I’m one of four children, born in Oakland, California. My parents immigrated to California from the South to find a better way of life. My mother was a nurse, so was my grandmother and my aunts. My father moved out as a teenager after high school because he knew there had to be something better than in the South, and he worked his way into college. He served three years in the Korean War and then became one of the first Americans of African descent to join the Oakland Police Department.
 At an early age I knew I wanted to get involved in environmental stuff. I didn’t know how or what, but I just knew I was really into the environment. In Oakland, strange as it may seem, I was able to explore nature: butterflies, caterpillars, lizards, everything. It just really fascinated me, so when we moved to Los Angeles — in 1972, after the earthquake those of us who were in junior high and the ninth grade had to go to Los Angeles — my counselor asked me what I wanted to do, and I told her I wanted to get into wildlife, trying to help animals.
She said, “Well, you have to go to college for that. You need to pick up your grades.” I didn’t listen to her and succumbed to peer pressure, and I was a D-average student. I had a 1.6 [grade point average], I remember. So the next year she brought me in and said, “What do you want to do?” I told her again, and so she yelled at me and said, “Look, I told you, everything you do in life is going to follow you. These grades, they’re not going to go away. And if you don’t start straightening up now, you can forget it.”
She was very significant in setting me straight. I’m trying to emphasize how important counselors and teachers are, because if it weren’t for her and some of the teachers I’ve had today, I wouldn’t be here now. I wouldn’t have gone to college. I went to the University of Montana, became the first Black graduate in wildlife biology there, got on with the government, became a wildlife biologist, a wildlife inspector and then a special agent, and had a 30-year career with the government because of people who took an interest in caring about me. So I’ve been a public servant all my life.
I retired in 2008, here in San Diego. I spent 13 years in San Diego, working in San Diego and Imperial Counties. I know the area personally. And then the Occupy movements compelled me to try to get back involved and serve the public. That’s why I decided to run for Congress.

Zenger’s: How did the Occupy movement inspire you? How did you hear about it, and why would a guy old enough to have retired, living, I presume, relatively comfortably, decide that this was some kind of calling?
Brooks: That’s a good question, but it called me. I saw how it started in New York. I saw how the media were pooh-poohing it, weren’t taking it seriously and didn’t think it was going to last, and then it spread all across the nation. And all these people from different backgrounds were getting together and saying, “We are not being represented. This is not fair.” And I’ve always been a person of fairness.
I actually went down to Occupy a few times. I marched with them and listened to the rallies and stuff, and there was just so much energy in the air from people who were wanting true change. The things they were talking about were things I’ve always said my whole life. Even when I was working for the government, people in the government would say things like, “Oh, the Mexicans are all corrupt, you can’t trust them.” And I worked with them. I had great working relationships with Mexicans on the other side of the border that were on the ground, in the government. But now, during the Occupy movement, people were starting to realize that the United States was acting just like Mexico. We’re just more refined in our corruption.
So since more people were starting to listen to the idea that things aren’t fair, and there’s no reason they have to be that way, I decided that I wanted to get back in and help. I was retired, and I’m comfortable, but that’s not good enough. Everyone needs to be comfortable and to be able to live healthy, prosperous lives, as I like to say.

Zenger’s: Why jump into a Congressional race right away? Why not start out running for a school board and then work up, like most people do?
Brooks: My 30-year career was with the federal government, and I know that system intimately. Working in Washington, D.C., actually working on regulations for the government, I feel more familiar with it. I feel more comfortable with it, and this isn’t just a local issue where people in San Diego are suffering. It’s a national issue, and it needs to be addressed on a national level. So I think I can have a greater voice at a national level, helping everyone, not just a small segment of the population.

Zenger’s: You’re running against two very experienced, well-known politicians on the Democratic side, beyond whoever the Republicans might come up with. What makes you think you have a chance against people who are far better known than you are and have much more money?
Brooks: Granted, name recognition is a problem. I am well known, actually, in the community. Just not on a political level. And to some extent, maybe their experience is the problem, since things aren’t working the way they should be working. Getting back to the Occupy movement, the fact that people are willing to listen now, and they’re clamoring for change — Congress being at an all-time low in its approval rating — I think people will be able not to vote their fears, so to speak, and look for something new and something different.
My ideals are sound. My experience in working with communities and people and government speaks for itself. My environmental record is second to none. If people just give me a chance and listen to what I have to say, I think they’ll like it and they’ll trust me.

Zenger’s: So what happened at the San Diego Democrats for Equality?
Brooks: Partly, I’m dyslexic, so I misread a lot of the questions. That was the first political questionnaire I ever filled out in my life. And when I tried to explain that to the group, they did not want to hear. So I stopped. I just said, O.K., fine. I said, “I’ll be here afterwards if you want to talk to me individually,” but no one took me up on that.

Zenger’s: As I recall, the controversies seemed to center around the marriage equality issue, and also abortion and women’s reproductive choice. For example, you came up with a really weird answer to a question about eliminating the “gag rule” that said you didn’t want to interfere with the prerogatives of foreign countries. The question was really about whether U.S. organizations receiving funds from the U.S. government for family planning programs in other countries are allowed to mention abortion.
Brooks: That question didn’t say that. If it did, I didn’t read that. What I read that — and, again, I’m not looking at it, was does — do you think the federal government should do business with companies that don’t support equal rights, something like that. I don’t know what the gag rule is, if that’s what they’re saying.

Zenger’s: It’s a policy that U.S. organizations receiving funding from the U.S. government for family-planning programs in other countries are not allowed to mention abortion. It was originally imposed by Ronald Reagan, kept in by the first George Bush, then it was repealed when Bill Clinton took office. It was reinstated when George W. Bush became President and then taken off again when Obama became President. So it’s something Republicans do and Democrats don’t.
Brooks: I’m pretty sure on that question I said all options should be made available. But I think what confused everyone is I said that if you’re talking about imposing our will on foreign governments, I said we don’t have the right to do that. [His actual answer was, “If you mean for and in other countries, no. We do not have the right to dictate to other nations.”] That’s what I was trying to say, anyway. But as far as U.S. money, U.S. companies, you have to abide by what we want.

Zenger’s: That was what may have confused you, because the question didn’t have anything to do with the policies of foreign governments. It has to do with the restrictions the U.S. government imposes on U.S. organizations doing business abroad.
Sean Bohac: But I’m confused why they would ask that specific question, because it’s really about reproductive freedom and education, right?

Zenger’s: Because next to Queer rights, the San Diego Democrats for Equality’s biggest issue has historically been reproductive freedom and choice. After Gay equality, that’s the thing they care about more than anything else. Not just to find out whether people say they’re pro-choice because they’re willing to pay lip service to Roe v. Wade but support a lot of restrictions on it, or whether they’re totally pro-choice. So that’s one of the reasons that question is there, along with questions on parental notification laws and spousal notification laws. Whether a woman should be required to notify either her parents, if she’s underage, or her husband or her partner if she wants an abortion.
Brooks: I remember those two questions. And the underage one, if you read that, well, first of all, I didn’t see the word “law” in it. If the last four questions had the word “law,” I never saw that. What I saw was, “Should a minor tell their parents if she’s going to have an abortion?” That’s what I read. And if you see my answer, I said this is a tricky question. If the minor has been raped, or has had sex with an adult, she should tell her parents. This is what I’m saying. But as far as whether there should be a law, no. You can’t put a law on a family like that. There’s no law that should be imposed.
I actually have a friend that this happened to. My friend was raped by my friend’s boyfriend. The mother never knew it. The mother and daughter have a perfect relationship, very open and honest. But for whatever reason the daughter felt that she couldn’t go tell her. She lived with that for five years, that this guy, staying in their house, raped her. And this just came out one day because she was telling a friend, and then her friend was smart enough to say, “Let’s call the counselor.” So she talked to the counselor, who talked to the mother, and then they found out, or the mother never would have known. The daughter just felt she couldn’t go to her mother because this was her boyfriend. It wasn’t because she didn’t think she wouldn’t believe her or anything like that.
The bottom line is it’s always the woman’s choice and final decision. No one can tell anyone else what they can do with their body. It’s like, “I want to pierce my belly button.” It’s none of your business whether I do that or not. If I had seen the word “law” [which appeared in both relevant questions], then it would have been no, first of all. And second, if I hadn’t read into it — and you have to realize, with my background in law enforcement, that I read a lot into stuff like that — I wouldn’t even have added any of that. I tried to explain that, and I got booed off the stage.

Zenger’s: The reason this parental notification question came up is it’s been on the ballot, statewide ballot, in California three times, and it’s been put there by Jim Holman, the publisher of the Reader, who’s one of these hard-core Catholics who thinks the church should never have abandoned the Latin liturgy.
Brooks: Why wouldn’t they just ask me if I supported that initiative or not? That would make it simple. It doesn’t have to be this complicated. I understand why. People who say, “We’re against abortion,” were not living in the environment I was living in, where people were getting pregnant and bringing an unwanted child into the world where they couldn’t feed it, couldn’t take care of it, couldn’t educate it. Abortion was the best viable option. And yet they did not want this to take place. So society’s going to end up paying for this down the road. I don’t think people who are anti-abortion think about that part of it. When I was a kid, one of the things we used to say was, “O.K., yeah. We’ll have the baby, and you’ll take care of it.” But no one would stand up and do that.

Zenger’s: The attitude of abortion opponents, and their message towards women, is, “You don’t want to get pregnant? Don’t have sex.”
Brooks: Well, there’s the woman being blamed again, right? I mean, it takes two to tango.

Zenger’s: The radical Right wants to stop birth control and abortion because they’re really interested in stopping people from having sex. They want AIDS to exist to discourage people from having Gay sex, and they want birth control and abortion to be illegal to discourage straight people from having sex.
Brooks: It’s not happening.

Zenger’s: So that’s really why the San Diego Democrats for Equality is so interested in this issue. They see the same linkages: two fronts of the war against sex, coming down on Gay people and coming down on straight people by making it harder for them to deal with the potential unwanted consequences of sex.
Brooks: I wouldn’t vote for anything that would limit a person’s right to have sex. Jokingly, but you know what I’m saying.
The other question I remember — actually the first one I missed — was something about a constitutional mandate for a separation of church and state. Do you remember that question? That’s the first one I got hissed on. [The actual question is, “Do you believe that the separation of church and state is constitutionally mandated?”]
Now, I distinctly remember from my high school studies that there’s no mandate, there’s no mandate that I’m aware of, and I should go back and read this in the Constitution, that mandates the separation of church and state. If there was, if you think about it, then why do we have “In God We Trust” on the bills, and why do we swear on the Bible, and all that? If that was true, none of that would happen.
Do I think it should be separate? Of course. But do I think there’s a Constitutional mandate? No, I don’t think there is. I’d be willing to research it and find out yes or not. So I don’t know what they’re getting at with that question. Was it just a yes-or-no question, or were they trying to find out how I feel about the church being in the government?

Zenger’s: It’s because the radical Right, and especially the radical Christian Right, makes a big deal of the fact that the words “separation of church and state” do not appear in the Constitution.
Brooks: They don’t.

Zenger’s: That is correct. And what does appear in the Constitution is, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
Brooks: Exactly. That is the exact wording.

Zenger’s: If you’re on the Left side of the fence on these issues, you interpret that as meaning the separation of church and state. And if you’re on the Right side of these issues, you interpret that simply as saying, “Congress shall not establish one form of Christianity as the U.S. state religion, the way Anglicanism is in England or Catholicism is in Italy.” And so that question was an attempt to suss out, “Do you read the First Amendment as mandating the separation of church and state, or do you read it in some other way, like the way the radical Right reads it?”
Brooks: There’s no in-between? Because I don’t read that as requiring the separation of church and state. I don’t think it’s there. But I don’t believe that government and religion should mix. There’s too many differing views on what people believe in. One religious group can’t mandate how government takes care of the people over another. Especially now that we have so many different religious groups living in the United States, and some are being created every day, if you think about it. You can’t have a Christian mandate if you have Muslims in the country, or Buddhists, or Hindus, or anything like that. It’s not fair. I think there’s something in between those two choices that you just gave.

Zenger’s: If you were in Congress and there was a bill to repeal the Defense of Marriage Act, how would you vote?
Brooks: To repeal — that means it would bring equality for all, correct?

Zenger’s: Right. The federal government would no longer say that for our purposes marriage is one man and one woman, and even if a state law allows same-sex couples to marry, we don’t recognize it, we don’t give them Social Security benefits, we don’t permit them to live in married persons’ housing in the military or name each other for those benefits, even though now openly Queer people can serve in the military. There’s a whole range of federal benefits that heterosexual married couples get and same-sex married couples do not get, even if they married in states where it is legal.
Brooks: I would vote to repeal it.

Zenger’s: And let’s talk about some of the other issues. I mean, you said you were inspired to run for office by the Occupy movement, which has been mostly about issues of economic justice and the distribution of wealth and income. How does that translate into actual politics and what you could do as a Congressmember?
Brooks: The corruption issue. It’s a plain fact that big money influences, and until we change the way that our public officials are funded and lobbied, it’s my belief that not much will change for the rest of us. So as a legislator, I could influence it by introducing bills to, number one, either recommend term limits; number two, recommend state-funded elections, or state funding of elections, where candidates have an equal footing. They don’t have to worry about raising all this money and owing people anything.
I call it “Godfather Syndrome,” if you remember that movie. If I do something for you, you’re going to owe me a favor, and one day I’m’ going to come after you for that favor. And that’s a problem. So until that is neutralized or curtailed, all these other things we’re talking about will be hard-pressed to come forward, or it will keep being pushed back, like certain Congressmembers will vote no — I’m not mentioning people by names, but things won’t move forward. You’ll have a stagnating Congress. So it’s my intent to try to fix that by fixing how our Congress operates. Then we can move forward on social issues.

Zenger’s: Regarding that, the U.S. Supreme Court ruling two years ago in the Citizens United case actually struck down many of the previous limits against corporate funding of elections, and we’re seeing that in the rise of SuperPAC’s and a tremendous increase in the amount of corporate money in the political process. Would you support amending the Constitution to reverse that decision, and would you support amending the Constitution to get rid of the whole idea that corporations are people?
Brooks: Yeah. You know, I read that, and maybe I missed it, but I didn’t see where the Supreme Court said a corporation is a person.

Zenger’s: Actually, they said that in 1886.
Brooks: O.K. Right. Now, from a law enforcement standpoint, a corporation being a person is a good thing. When I was charging people, I could charge a corporation as a person. I couldn’t put them in prison, but from a law-enforcement standpoint, from things other than what we’re talking about here, from the politics — it’s a good thing that a corporation is a person.

Zenger’s: Well, the irony is that the whole purpose of incorporation is to protect the individuals who organized the corporation from liability. So that if a corporation builds a factory that pollutes a river, the individuals running the corporation are not liable, even if the corporation is.
Brooks: From a law-enforcement standpoint, what would happen is I knew you polluted the river, but I couldn’t prove you had direct knowledge of it. But I could charge the corporation, because the pollution did happen. So that’s an advantage. Other than that, it’s like, “I didn’t know, it was this guy in the corporation,” and then no one gets charged.
I would support a Constitutional amendment overturning Citizens United. In the meantime, I would support some kind of legislation where we change how the election cycle runs. Like I was saying, public funding as opposed to corporate funding, for lack of a better term, so that wouldn’t happen if it were all sponsored by states. You would not be allowed to take outside money, and outside PAC’s would not be allowed to put up political ads. So we can change the whole system in the interim, and there’s sort of a two-pronged attack on that.
Their decision is their decision, and the law of the land, but it’s not right because it’s adversely impacting how people are elected. If you look at Governor Romney, what he’s doing and what’s happened in Florida and other states, his PAC’s are just throwing so much money, and when they polled the people in Florida they said, “Yeah, I decided to vote for him based on what I saw on the commercials.” So it has an impact, and it’s not right.

Zenger’s: Are there any other issues that are of special concern to you?
Brooks: The environment. That was my background. I think it’s all tied together. Health care is tied to the environment. Education is tied to the environment. Quality of life is tied to the environment. We need not to be short-sighted on taking short cuts to prosperity at the cost of clean water and clean air and diversity. There’s a way that everyone can live healthy, prosperous lives without shirking our responsibilities to the planet. Because we’re all in this together. We all have to breathe air and we all have to drink water. There might come a time where we have to pay for water.
We’re paying for water now — everyone’s buying bottled water — but the joke is you have to go to oxygen stations to get clean air. And so what’s that going to do for the poor class and the middle class? You don’t get to breathe good air?

Gustavo Arellano: How Mexican Food Conquered the U.S.

by MARK GABRISH CONLAN

Copyright © 2012 by Mark Gabrish Conlan for Zenger’s Newsmagazine • All rights reserved

Gustavo Arellano, who in the last decade has risen from food editor at the O.C. Weekly in Orange County to investigative reporter at the paper and author of the popular syndicated column “¡Ask a Mexican!,” a witty send-up of anti-Mexican stereotypes published in at least 38 media outlets, came to San Diego to speak at the Centro Cultural de la Raza in Balboa Park April 11. He was there to promote his latest book, Taco U.S.A.: How Mexican Food Conquered America, and his talk encompassed everything from the ways Anglo-Americans made big bucks appropriating Mexican recipes to the way creative cooks and restaurateurs keep inventing new variations on the old Mexican culinary themes.
“I’m going to start with my anecdote on Mexican food in San Diego,” he announced. “Two years ago, I spoke at the book fair at San Diego City College. Then we went across the street to a small Mexican place to eat. I saw the burritos on the menu and there was a listing for a ‘California Burrito,’ which I’d never seen before. I asked what was a California burrito, and they said, ‘You’ve never heard of it?’ They looked at me like I was from the Minuteman Project. Then they told me it’s a burrito with French fries in it, and I said, ‘You’ve got to be kidding.’ But I ordered it, and when I got the mixing of the meat, rice and French fries in it, it tasted great.”
What that did to him, Arellano said, was cure him of any residual notions of auténtico in Mexican food. He’s come to appreciate the vast regional variations of his ancestral homeland’s cuisine, not only in Mexico itself (a subject so vast he decided early on not even to try to cover the different kinds of Mexican food in Mexico) but throughout the U.S. and the rest of the world. In the book he explodes some of the myths surrounding the origins of many popular “Mexican” dishes — Doritos (corn chips with cheese), for example, were actually invented in Disneyland as a way of using leftover scraps of tortillas — and tells a wide variety of stories.
Arellano traced the proliferation of San Diego taco shops named with the suffix “-berto’s” to one Roberto Robledo, a bracero (Mexican guest worker) who settled in San Ysidro in 1957, started a taco stand, built a chain and then disaffiliated some of his relatives from his chain because he didn’t think they were using fresh enough ingredients. Roberto Robledo died well before Arellano started his research, but Arellano was able to interview his son Reinaldo, who told him that the family launched not only Roberto’s and the rival chain Alberto’s but also Lolita’s, where Reinaldo’s sisters sold their own invention: a “2-in-1 burrito” with tortillas inside as well as outside.
Taco U.S.A. is a fun book, livened up by Arellano’s sprightly prose style, but it’s also full of stories of cultural imperialism, notably in the early chapters on how Mexican (and, later, African-American) street vendors who sold tamales were put out of business and replaced by white entrepreneurs selling cleaned-up versions in sit-down restaurants at higher prices. (African-American jazz and blues songs like Freddie Keppard’s “Here Comes the Hot Tamale Man” and Robert Johnson’s “They’re Red Hot” immortalize the Black tamale vendors of New Orleans and the Mississippi Delta.)
Among his most grimly ironic stories was how Christine Sterling, a socialite who had relocated from Northern California to Los Angeles, learned that the L.A. city fathers were planning to tear down the historic Mexican buildings around Olvera Street. She intervened and saved them from destruction, then transformed them into her own romanticized image of “Old Mexico,” with waiters dressed in costumes supposedly resembling the clothes worn by the grandees of Spanish Mexico. Among the innovations of Olvera Street — which Arellano basically describes as a theme park long before theme parks were “in” — was the taquito, a rolled-up tortilla filled with meat and guacamole invented there in 1934 and now a standard “Mexican” dish.
According to Arellano, Mexican dishes have not only conquered El Norte but are marching across the world, seducing palates in places as far removed from Norteamericano as Australia and Japan. “There’s no stopping Mexicans and no stopping Mexican food,” he said at the end of his talk. “It’s the manifest destiny of good taste.”

Health Care and the Supremes

by MARK GABRISH CONLAN, Editor

Copyright © 2012 by Mark Gabrish Conlan for Zenger’s Newsmagazine • All rights reserved

Even those of us who had predicted in advance that the current Right-wing majority on the U.S. Supreme Court would rule that the Affordable Health Care Act President Obama squeezed through Congress in 2010 was unconstitutional were taken aback by the sheer meanness and brazenness of the comments made by the five Right-wing justices during the six hours of oral argument March 26-28. Antonin Scalia said that if the court found the law’s key provision — the so-called “individual mandate” that requires every American either to buy health insurance or pay what’s variously called a “penalty,” a “fine” or a “tax” — unconstitutional, then they’d have to throw out the entire law because the judges would be making themselves a super-legislature if they tried to pick and choose what parts of the rest of the law they should keep and what parts they should toss.
Scalia is no stranger to vituperation. This is the man who, when he dissented from the landmark Lawrence v. Texas (2003) case invalidating state anti-sodomy laws, began his opinion with a term coined by authoritarian 19th century German Chancellor Otto von Bismarck: “The majority has mistaken a Kulturkampf [culture war] for a fit of spite.” In the health care hearings, Scalia used such Right-wing talking points as the “cornhusker kickback” (an exemption on Medicaid funding for the state of Nebraska — later reversed — to get Nebraska Senator Ben Nelson to vote for the law), the “broccoli” line (the jibe from talk-radio hosts that if the government could make you buy health insurance, they could make you eat broccoli) and naming Obama’s political affiliation as the “Democrat” (instead of “Democratic”) Party. But the question from the bench that stabbed the deepest into the Obama administration’s case for the law came from the presumed “swing vote,” Justice Anthony Kennedy: “Assuming for the moment that [the mandate] is unprecedented, this is a step beyond what our cases have allowed, the affirmative duty to act to go into commerce. If that is so, do you not have a heavy burden of justification?”
In other words, Kennedy was turning Supreme Court jurisprudence upside down. Under normal circumstances, laws passed by Congress or a state legislature are presumed to be constitutional, and the burden of proof is on the challengers to prove they are not. Most laws are judged on a so-called “rational basis” test, which asks if the law is intended to serve a rational purpose, and its provisions actually achieve (or can achieve) that purpose. In some areas — notably civil-rights challenges — the courts apply higher levels of review “intermediate,” “heightened” or “strict” scrutiny — in which laws that make distinctions based on race, gender, religion or other civil-rights classifications have to meet a higher standard to pass muster. But Kennedy was saying that the Affordable Care Act in general and the “individual mandate” in particular were presumptively unconstitutional, and the burden was on the government to prove that they were constitutional.
This is what President Obama was talking about when he made his now-infamous statement in early April that “I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress. That an unelected group of people would somehow overturn a duly constituted and passed law. Well, it’s a good example, and I’m pretty confident that this court will recognize that and not take that step.” Obama’s point was that he was confident that the court would not reverse nearly 80 years’ worth of precedent that has given Congress great power to regulate the national economy under Article I, section 8 (3) of the Constitution, which empowers it “to regulate Commerce … among the several States.”
Not that this helped him much when it came to the Right-wing attack machine. The entire apparatus of the Right’s propaganda operation swung into action and offered this as yet more “proof” that Obama fundamentally rejects the Constitution in general and any of its restrictions on government power in particular. They read Obama’s remark as an attack on the whole concept of judicial review: the idea that the courts in general and the U.S. Supreme Court in particular have the authority to invalidate laws they find in violation of the Constitution. One judge, Jerry Smith of the Fifth Circuit Court of Appeals, tore into a government attorney defending the Affordable Care Act in a different case and said, “I would like to have from you, by noon on Thursday [three days after the hearing], a letter stating what is the position of the Attorney General and the Department of Justice in regard to the recent statements by the President stating specifically and in detail, in reference to those statements, what the authority is of the federal courts in this regard in terms of judicial review.”
It turned out that Jerry Smith is an appointee of President Ronald Reagan and, like 15 of his 20 colleagues on the Fifth Circuit (which represents Smith’s home state, Texas, and most of America’s other major oil-producing regions), has major financial holdings in oil and gas companies. It also turned out that he was an oil-industry lawyer before he was appointed to the Court of Appeals. And his fealty to the Right-wing cause is so unquestionable that Rush Limbaugh congratulated Smith and called him part of “a team that’s opposing this President and intending to make him a one-termer this November at the ballot box.” So much for the idea that judges are impartial — or reasonably impartial — arbiters of law and fact whose job is to come up with an outcome that upholds the Constitution, the rule of law and basic notion of justice and fairness.
No, to Rush Limbaugh and his fellow Right-wing propagandists, a good judge is one who’s on their “team” and a bad judge is one who’s on the other “team.” A “good judge” is one who consistently rules for the rights of corporations over those of individuals, for industry over the environment, for capital over labor, for whites over people of color, for men over women, for straights over Queers, for religious believers over nonbelievers, for police over criminal defendants and for the 1 percent over the 99 percent. By these standards, four of the current nine members of the Supreme Court — John Roberts, Samuel Alito, Antonin Scalia and Clarence Thomas — are “good judges.” Anthony Kennedy has usually been a “good judge” — he’s been a reliable vote for corporate power over individual rights, including writing the loathsome Citizens United decision that opened the floodgates for unaccountable, secret corporate donations to political campaigns — though he went spectacularly off their reservation on at least two issues: Queer rights (he wrote the majority opinion in Lawrence v. Texas) and executing juveniles (he wrote the opinion declaring that unconstitutional).
And in the last 30 years, it is “good judges” — in the Right’s meaning of the term — that have come to dominate the federal judiciary, not only at the Supreme Court but throughout the system. As Nan Aron, founder and president of the Alliance for Justice (described on its Web site as “a national association of over 100 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society”), told Chris Hayes on an April 8 MSNBC talk show, the current makeup of the federal judiciary is the result of “an effort that began with President Ronald Reagan to place individuals on the federal bench who had a very political agenda: i.e., opposition to abortion, opposition to affirmative action, support for school prayer. And we have seen from that moment till now, an effort, a movement effort by ultra-conservatives, to stack the courts at every level, including the Supreme Court, who will essentially impose a political agenda on the rest of the country.”
That political agenda is an attempt to return the function of the federal courts, and especially the Supreme Court, to the Right-wing one of protecting property over people which it pursued from the start of the 19th century to the mid-1930’s. Not many people know this — it’s probably such news to Jerry Smith it’s a pity I can’t order him to write a three-page paper on it — but the U.S. Constitution makes no mention of judicial review. The power of the Supreme Court to declare laws unconstitutional was made up by its second Chief Justice, John Marshall, in the 1803 case of Marbury v. Madison (the “Madison,” by the way, was James Madison, who probably knew more about the U.S. Constitution than anyone who ever lived — he was part of the Constitutional Convention, he took its minutes and he wrote most of the main Constitution as well as the Bill of Rights) as a way for Marshall, a holdover appointee from president John Adams of the Federalist Party (precursors to the modern-day Republicans), to block the progressive program of Thomas Jefferson of the Democratic-Republican Party (precursors to the modern-day Democrats).
Through most of its history the Supreme Court used the power of judicial review pretty much the way John Marshall had planned it. In Dred Scott v. Sandford (1857), a case brought by an escaped slave seeking to win his freedom, the Court ruled first of all that an African-American wasn’t even entitled to sue in the federal court, that Blacks “had no rights the white race was bound to respect,” and even if he did have the right to sue, no state had the right to prohibit slavery within its borders. The good news was this opinion was eventually overturned; the bad news was it took the carnage of the Civil War to do it. After the war the Court reinterpreted the Fourteenth Amendment, originally passed to secure the civil rights of the former slaves, as a shield to protect corporations against government regulation. In 1886, in Santa Clara Co. v. Southern Pacific Railroad, the Court declared that corporations were “persons” within the meaning of the word in the Fourteenth Amendment. In 1883, they had declared the 1875 federal civil-rights law unconstitutional, and in 1896 they followed that up with Plessy v. Ferguson, which held that racial segregation was constitutional.
The Court continued on this path through the first three and one-half decades of the 20th century, ruling minimum-wage and maximum-hour legislation unconstitutional as a violation of the supposed “freedom of contract” of workers to agree to work longer hours for lower wages. They passed a series of rulings that essentially made organizing labor unions illegal. Throughout the first term of President Franklin Roosevelt, with the nation mired in the worst economic disaster (so-called “depression”) of its history, the Court threw out statute after statute in Roosevelt’s recovery plan on the ground that it interfered with the freedom and civil rights of corporate “persons.” Roosevelt, whose reaction to the Supreme Court’s decisions made Obama’s relatively mild comments seem wimpy by comparison, fought back after his landslide re-election victory in 1936 and proposed to expand the Court from nine justices to 15.
This bill was denounced as “court-packing” and went nowhere in Congress, but though Roosevelt lost that battle he won the war. In 1937, Justice Owen Roberts, the Anthony Kennedy of his time, stopped voting to invalidate the New Deal economic laws and started voting to uphold them — which comedians of the time joked was the proverbial “switch in time that saved nine.” What’s more, Roosevelt served so long — 12 years — and was followed in the presidency by three more Democrats and a moderate Republican who appointed a new breed of progressive justice to the court: Hugo Black, William Douglas, Earl Warren, William Brennan, Abe Fortas, Thurgood Marshall and others. The court swung decisively to the liberal side in those years and ruled in Brown v. Board of Education (1954) that the Fourteenth Amendment meant what its words said it meant — that whites and people of color were equal before the law in this country — and in later decisions it expanded the rights of criminal defendants, established the “one man, one vote” rule in state legislative elections, upheld the 1964 Civil Rights Act (similar to the 1875 act the Court had overturned in 1883), and read an implied “right to privacy” into the Constitution that granted women the right to use birth control and, ultimately, abortion.
Then the nation’s politics realigned again. Richard Nixon won the Presidency in 1968 after a campaign in which he railed against the Supreme Court’s liberal decisions, and the combined 57 percent of the vote for Nixon and Right-winger George Wallace in that election spelled the end of the New Deal coalition and the start of the Right’s dominance of American politics that has lasted ever since. Nixon’s crushing defeat of George McGovern in 1972 and Ronald Reagan’s bare-majority win in 1980 gave the Right the chance to make more Supreme Court appointments that would return the Court to its traditional Right-wing role. Progressive appointees sometimes slipped through the gantlet of Republican Presidents — Harry Blackmun (Nixon), John Paul Stevens (Gerald Ford), David Souter (George H. W. Bush) — but the Right mobilized to make sure such “mistakes” never happened again.
When George W. Bush became President through a decision made by a highly polarized, politicized Supreme Court, he took the task of vetting potential court appointees away from the American Bar Association and gave it to the Right-wing Federalist Society (note the historical significance of the name) and made sure to pick two “movement conservative” justices, Roberts and Alito, who would join with the three holdovers from Reagan and Bush, Sr. — Scalia, Kennedy and Clarence Thomas — to form an unshakable Right-wing majority on the Court. The result has been a run of cases in which the current majority has run roughshod over century-old prejudices to eviscerate civil-rights laws (especially those protecting women against job discrimination), boost the power of corporations to influence elections, abolish virtually all possibility of gun control and (in a currently pending case for which they’ve asked for reargument, as they did in Citizens United) quite likely remove the ability of foreigners to sue in U.S. courts for the bad acts of U.S. corporations in their home countries — a precedent that goes all the way back to the 1790’s.
As Nan Aron wrote in an April 5 Huffington Post article (http://www.huffingtonpost.com/nan-aron/supreme-court-healthcare_b_1405549.html), “The five conservatives are doing precisely what they were chosen to do — take the country back to the days before 1937, the last period when a Supreme Court posed a willful challenge to the economic polices of the elected government. Listening to the conservative justices during oral arguments, and considering other trends in the Court’s decisions, it’s easy to come to the conclusion that some justices are trying to bring us back to an era where business interests rule, the interests of everyday people are secondary to profit, and economic and social power is limited to a powerful few.”
If the current five-vote Right-wing majority on the Court overturns the Affordable Care Act, they will be serving notice that 80 years’ worth of interpretation of the Commerce Clause to allow government intervention to protect ordinary citizens against giant corporations is at an end. They will also be going against their own precedents — as Aron noted, the Court ruled as recently as 2005, in Gonzalez v. Raich, that the Commerce Clause allowed Congress to ban the medical use of marijuana even if the marijuana, or the people using it, never crossed state lines. As Justice Scalia wrote in the Court’s opinion in that case, “Where Congress has the authority to enact a regulation of interstate commerce, it possesses every power needed to make that regulation effective” — precisely the position the Obama administration was asking the Court to take to uphold the individual mandate in the Affordable Care Act.
When the Supreme Court was still dominated by progressive justices, the Right screamed “judicial activism” every time the Court acted to protect the rights of people of color, women, criminal defendants and, eventually, Queers. But the current Court’s position — which boils down to, “The government can regulate under the Commerce Clause to do things we like, like banning medical marijuana; but it can’t regulate to do things we don’t like, like expanding access to health insurance” — is, it seems to me, the very definition of “judicial activism.”

In Memoriam: Robert Miles Parker, 1939-2012

by ANN JARMUSCH and DAN SODERBERG

A media release from Save Our Heritage Organization based on an interview Parker did with Jarmusch and Soderberg in 2009.

PHOTO: Robert Miles Parker in the 1980’s: self-portrait, courtesy Save Our Heritage Organization.

Save Our Heritage Organization (SOHO) was sad to receive word of the passing of our founder Robert Miles Parker from his longtime partner, David Vanleer. Miles spoke about his founding of SOHO with great pride: “I don’t think about pride much. I don’t think about that stuff...but I am prouder than I know how to define the word. It is pretty amazing to look at what SOHO is doing still.”
Miles was a colorful, charismatic, and outspoken man. A renowned artist, his drawings have been published in magazines and newspapers such as San Diego MagazineSacramento Magazine and the New York Times, and collected in the books Images of American Architecture (1982), L.A. (1984), and Upper West Side: New York (1988). His work garnered him national attention, including two appearances on the Today Show with Barbara Walters. Additionally, he taught art at both Adult Night School and at College level.
Miles began SOHO with a sign on a plain board that he put up at the Sherman-Gilbert House reading “Save This House” along with his phone number. “A billion people called,” he remembered. “I had no plans for that … evidently a whole lot of people felt the way I did.”
He saved all the money he earned teaching for travel. “My plan was to always travel,” he said. “I could never get a normal job; I just couldn’t be structured.” Miles had just returned from hitchhiking around Europe for a year when he heard about plans to tear down the Sherman-Gilbert House and replace it with a “two-story cement beast.”
Miles recalled the very first SOHO meeting: “I’d like to think it was about 50 people showing up at my house on a rainy dreary early January Sunday afternoon in 1969.” He told the gathering, “I don’t know what to do. I don’t know what WE’RE going to do. It was Carol Lindemulder who kicked me and said, ‘Well, you’re going to start an organization, and your life will forever be different.’ She was right, it was forever different, certainly in a better way.”
Robert Miles Parker credited his caring for his neighborhood and city to his Southern upbringing. “I was born in the South, of a billion generations of Southerners.” He spoke about being taught to respect country, society, and community, but to do things for the community. “I grew up believing, still, that we have an obligation to take care of our place. We have to make it better. We have to do that...I just think it is my duty to do my job. And SOHO was my job!”
He spoke about his love for the city, and it was his interpretation of San Diego history that shaped his views as a historic preservationist. “San Diego, I think, is a holy place. Madame Blavatsky (through the mission of Madame Tingley’s Theosophical Society in Point Loma) was here. The Rosicrucians were here. The Indians considered this holy land. The first settlers, I think appreciated that. I think the monied families, like the Klaubers, appreciated that, and built wonderful things. Jessop comes to mind. Walker Scott comes to mind. But then the next generation didn’t care and began to tear them down. And I don’t think anyone has cared since.”
 “In the old days it was the ‘geranium growers’ vs. the developers. I came here in the 1940’s as a little boy. It was the ‘geranium growers’ who were in power, and it was such a neat place. It was just so comfy. I think it is interesting the city went from being a holy place to a place of destruction. So it is our battle to pull it back.”
Miles spoke about his role as SOHO founder. “I delegated like mad. There were Carol Lindemulder and Nick Fintzelberg who understood money and land, all the things that never interested me. All I had to do was to be outrageous, which is my nature, so I didn’t have to do anything! Except of course I really believed in what was happening. It became more than saving the Sherman-Gilbert House, it became about saving the city.”
“I discovered when I traveled around if there weren’t a little Miles Parker there, then the city was doomed. But there were Miles Parkers. I met one in St. Louis who saved his neighborhood. I met one in Washington. I met one in Northern California. But it didn’t happen if there wasn’t a rebel rouser. Most places didn’t have it, and most places are horrible looking. We were lucky. San Diego was lucky. We were all lucky.”
Miles eventually left San Diego to live in New York City. “I had super adventures as a San Diegan. But I spent all my years in San Diego battling, I think.”
Rest in peace, Miles. We’re proud to carry on the battle for you, the battle you so passionately fought. You inspired us all.