UPDATE: Activists Outraged as Dueling TIC Proposals Compete at City Hall for Votes

supervisor-scott-wiener-district-8

Sup. Wiener in BOS Chambers

UPDATE (9PM): the version of the TIC condo conversion ordinance backed by Supervisor David Chiu was given initial approval by the Board of Supervisors, 8-3, and the version backed by Supervisors Wiener and Mark Farrell failed. More on the vote from the Chronicle, which makes the point that the eight votes in favor are enough to override a mayoral veto. No word from the Mayor on his plans. Final approval from the Board is still needed.

Longtime LGBT and Housing Activist, Tommi Avicolli Mecca, whose worked in concert with many other groups on the tentatively approved measure posted on his Facebook page in response to the vote in part, “We hopefully put a dent in future speculation….we’ve made the politicians aware of the epidemic of evictions that is displacing so many throughout the city. Now we have to do the real hard work. We have to campaign against the Ellis Act. We have to really organize like never before.”
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Supervisor Scott Wiener surprisingly resubmitted his original, unaltered, hotly decried tenant-in-common condo conversion legislation to the Board of Supervisors in direct competition with Board President, David Chui’s, compromised and Tenant Union approved TIC proposal forcing a show down between the two ideologies at today’s 2PM BOS meeting.

As the Biscuit has noted over the last few months the original, jointly proposed legislation by Supervisors Mark Farrell (Dist 2) and Wiener to circumvent the TIC/condo lottery system and allow a mass of TIC owners to pay a one-time fee to convert set off a firestorm of outrage and panic amongst tenant unions and housing activists who claim this move would lead to mass evictions and whittle the City’s already quickly shrinking units governed by rent control.

Coalition of Tenants protesting TIC law at City Hall on 1/28. (Photo: Waiyde Palmer)

Coalition of Tenants protesting TIC law at City Hall on 1/28. (Photo: Waiyde Palmer)

At subsequent BOS committee and full meetings protest were staged challenging the Wiener-Farrell proposal. Mayor Ed Lee pressed for compromise and BOS Prez, Chiu met with a cross-section of tenant rights organizations to find one. In the end a moratorium would be placed on any TIC condo conversion request not already wait listed for 10 years while the City worked with developers to build more affordable housing and 2000 plus property owners-effecting approximately 700 buildings citywide-currently on the list would be allowed to convert in staggered groups over a three-year period.

Sup. and Board of Sup. Prez. David Chiu

Sup. and Board of Sup. Prez. David Chiu

The Land Use Committee voted June 3 (2-1, with Chiu and Kim voting yes and Wiener opposed) to send the tenant-supported legislation to the full board and keep a Wiener-backed rival measure stuck in committee. But since then, Wiener invoked a board rule allowing four supervisors to pull the stalled legislation out of committee, getting Farrell and Sups. Katy Teng and London Breed to place that rival measure on Tuesday’s agenda as well.

Tenant Union and renter advocates are in a word, pissed, and a call has gone out to flood City Hall Supe’s offices with messages of outrage, encourage them to block Wiener’s challenge to the compromised bill, to come to today’s 2PM BOS meeting and protest what some are calling an end run move to stall or dismantle the tenant approved Chiu brokered compromise.

Wiener has said in the past in response to many critics of his original bill that everyone is over reacting and that this legislation won’t lead to more mass evictions. He’s also said this  competing bill coming before the Board today has only ‘minor’ differences between Sup. Chiu’s.

One difference deals with whether transfers of ownership interest will affect an applicant’s spot in the queue and the other involves the 10 year moratorium conceived by tenant groups, which would freeze the conversion process if anyone challenges the legislation in court, as real estate interests have threatened to do.

Wiener said the tenant-backed legislation’s changes to condo conversion eligibility, such as a 10-year wait period and banning future conversions of buildings with more than five units, that would remain in place after a successful legal challenge is an unfair overreach.
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SF Prides Meeting on Manning Goes Awry-Media & Community Turned Away

Pentagon Papers whistle blower, Daniel Ellsberg, speaks with a reporter from Fox Channel 2

Pentagon Papers whistle-blower, Daniel Ellsberg, speaks with a reporter from Fox Channel 2

The public meeting called by SF Pride Committee on Tues, May 7th to address community concerns and questions regarding the de-selection of whistle-blower Bradley Manning as Honorary Grand Marshall of the Pride Parade ended with media and protestors locked out.

The meeting, set for 7PM at the Pride Office on Pearl St., saw a crowd of about seventy-five arrive early to line up at the doors of Pride’s office building in anticipation of getting to address the issue with the Board directly.

Photo: Marke Bieschke

Photo: Marke Bieschke

The crowd was comprised of the news media, Pentagon Papers whistle-blower Daniel Ellsberg representing Mr. Manning, pro-Manning activists from  Code PInk, Gray Panthers, Bradley Manning Support Network, ACT UP/SF as well as members of the community who’d come to show support for Pride’s decision to oust Manning.

Who wasn’t there was anyone from Pride’s Board. No one to greet the throng and calm the situation, explain the process that would take place, or act as a public liaison between themselves and the media.

Crowded into Pride's office foyer

Crowded into Pride’s office foyer

15 minutes after the appointed meeting start-time, building doors finally opened and the crowd moved into a very small and narrow lobby queueing to ride the elevator up to Pride’s offices. Their access to the elevator was immediately blocked by an unidentified member of the Board and security who stated that no cameras would be allowed into the event.

The crowd began to chant, “Let the press in!” while those in front jockeyed for space on the elevator. In the end approximately 15 people were allowed upstairs to attend the meeting-a few members of the press including a reporter from the B.A.R., Daniel Ellsberg, former Grand Marshall Gary Virgninia and blogger/activist, Michael Petrelis. Once that initial group entered the elevator to Pride’s office, the conveyance was turned off keeping anyone else from going up.

According to those who were allowed in after basic Pride Committee formalities were accomplished, members of the public were reminded of the no-cameras rule and told they’d be given one minute each to comment on the subject.

Downstairs on the street the crowd continued to grow. They were very angry about the lack of cooperation that was showed and started chanting in front of the building on Market St from the MUNI F lines elevated stop, “They say court-martial, we say Grand Marshall!”

SFPD showed up informing the community via Pride spokespeople that Pride would let in only 15 people at a time to comment. When one group was done, they’d exit, and another would enter for their turn. SFPD also set officers in stairwells and on the perimeters of the event to, in their words, ‘maintain order’.

SFPD speaks to crowd on behalf of Pride Committee

SFPD speaks to crowd on behalf of Pride Committee Photo: Liz Highleyman

Forty five minutes into Pride’s scheduled one hour meeting no other members of the community beyond the original handful had been let in.

By 8:15, Pride informed those remaining who’d wish to comment that the meeting was canceled and would be rescheduled at a larger venue on a date to be announced. People were, to say the least, not amused and for a brief time a sit in occurred in the building’s lobby.

From my perspective, as one of the media kept on the outside-along with other notable journalists like SF Bay Guardian’s Marke Bieschke, Pride’s idea of a ’community’ meeting, to be blunt, was a shit-show and a public relations debacle of epic proportions.

What could’ve been a productive meeting turned into a power-struggle where a few people’s voices were heard while a resolution for many in the community remained unattained.

The Board must have anticipated that a large crowd would show up, but instead of moving the meeting to a larger venue like the LGBT Center across the street from Pride’s office, they chose to keep it in-house in a small, inadequate space.

Photo: Liz Highleyman

Photo: Liz Highleyman

The Board has issued several long explanations about why Manning doesn’t qualify for the Hon. Grand Marshall distinction (not local so therefore void), how those who nominated and voted for him were wrong (as past members they knew the rules and chose to ignore them), and have also released rambling explanations for all their actions of the past week that have neither calmed nor sated anyone. Their lack of transparency and refusal to allow media/cameras-even those from mainstream outlets like Fox Channel 2-into their own forum is suspect and unnecessary.

If the Pride Committee wants to quell the uprising, they’d better act soon, and in good faith, to resolve the situation or the 2013 Pride event will be tainted with the controversy and in all likelihood see more drama play out in demonstrations by outraged activists during the parade itself.

Groundbreaking Lawsuit Filed Against the City and SFPD Chief Suhr

Homeless activist Bob Offer-Westort  taking part in an Occupy SF protest in 2011. Photo: SF Chronicle

Homeless activist Bob Offer-Westort taking part in an Occupy SF protest in 2011. Photo: SF Chronicle

The City and County of San Francisco and SFPD Chief, Greg Suhr are the subject of a groundbreaking lawsuit filed by the American Civil Liberties Union (ACLU) and activist Bob Offer-Westort, alleging that Mr. Offer-Westort rights were violated when SFPD searched his cellphone without a warrant at the time of his arrest in January 2012 at Jane Warner Plaza in the Castro.

According to the ACLU  this is the first “civil suit in California to challenge warrantless cell phone searches at arrest.” In 2011, the California Supreme Court ruled in the case of People v. Diaz that arrestees’ phones can be searched without violating the United States Constitution.

“This suit brings a challenge under the California Constitution’s stronger guarantees of privacy and freedom from unreasonable search and seizure, as well as a challenge under the U.S. and California Constitutions’ guarantees of freedom of speech and association,” the ACLU wrote in a statement.

The January protest Mr. Offer-Westort took part in was a reaction to Sup. Scott Wiener’s legislation around homeless citizens gathering at City parklettes and plazas-specifically Harvey Milk and Jane Warner Plazas-that managed to ban just about every activity conceivable in an attempt to make life so miserable for the homeless that they move on from any spot that has public furniture or space to rest.

This legislation was penned in an attempt to supplement SF’s already restrictive and controversial 2010 No Sit/Lie Law. Chief Suhr had also sent specific requests to Sup. Wiener to make sure the new legislation included targeted time periods during the day from 9AM to 9PM.

text-messagingMr. Offer-Westort, a well-known SF activist and member of the Coalition on Homelessness, pitched a tent in protest against this restrictive legislation at Jane Warner Plaza as part of a day of Citywide actions of civil disobedience against the legislation. He was eventually arrested by two SFPD officers and charged with a misdemeanor that carries up to a 500 dollar fine.

The rub of the lawsuit comes when one of the arresting policemen, identified only as Officer Chambers, started to go through his phone text messages. He had earlier been having a private exchange with a fellow activist in which they discussed the short comings of a local politician that Mr. Offer-Westort works with on an ongoing basis. He didn’t want that conversation made public as it’d affect his ability to do his job. He told SFPD that they didn’t have permission to look through his phone, but, they did anyway.

In the course of the warrantless search of Offer-Westort’s cell phone Officer Chambers read messages authored by individuals other than Offer-Westort who had not been arrested and messages that were unrelated to the crime for which Offer-Westort was arrested.

The lawsuit challenges the earlier CA Supreme Court ruling and calls into question personal privacy not to mention Fourth and Fifth Amendment issues.

The City hasn’t made comment on the lawsuit and SFPD policy excludes them from commenting on an ongoing lawsuit. It will be interesting to watch this case birthed at the corner of Market and Castro wind its way through the court to see what kind of historic and lasting changes it may have on future use of phone messages as evidence in the State and City.

BREAKING PHOTOS: 2 Arrested for Nude Dancing in Jane Warner Plaza

George Davis being taken away (credit: Mitch Hightower)

George Davis?? being taken into police custody (credit: Mitch Hightower)

Nudist Gypsy Taub organized a Nude Dance event at Jane Warner Plaza for this afternoon (despite the nudity ban being in full-effect) hoping to make it a regular thing if the police left them alone. Unfortunately, for her and the tribe of nudists, the police did come. 12 of them, in fact, making two arrests and one citation. No word on who was arrested yet (I was at work), but one of the arrests appears to be George Davis who has said he will be running against Scott Wiener for the District 8 Supervisor role come next election cycle.

While the U.S. Supreme Court has ruled that nude dancing and other artistic expression is entitled to some constitutional protection, it is not clear how the city attorney will proceed in this matter.

I guess we’ll have to file this one under Crime?

Check out more photos from the Nude Dance here.

Police Van at Jane Warner Plaza (credit: Mitch Hightower)

Police Van at Jane Warner Plaza (credit: Mitch Hightower)

Gypsy Taub ready for the Nude Dance (credit: Guy Burdick)

Gypsy Taub ready for the Nude Dance (credit: Guy Burdick)

SF Urban Naturist Won’t Go Quietly-Bare All At City Hall

Trey Allen protest SF's new nudity ban in front of City Hall and SFPD Photo: Justin Sullivan

Trey Allen protest SF’s new nudity ban in front of City Hall and SFPD. (Photo: Justin Sullivan)

Friday, Feb 1st, the day the Castro’s Supervisor Scott Wiener’s polarizing nudity ban took effect in the City a small group of San Franciscan naturists defied the new law by disrobing at City Hall challenging SFPD to enforce it.

SFPD obliged. With cops outnumbering protestors nearly two to one they were given a fifteen minute warning to get dressed. At the end of the alloted time and a short, robust protest, four activists were arrested-three men and one woman-cited and released. The citation carries a $100 fine for the first offense.

Among those taken into custody were George Davis and Gypsy Tuab, two of the original plaintiffs in the recent lawsuit that’d been based on the supposition nudists First Amendment right to freedom of expression would be violated by the City’s new ban. US District Federal Judge Edward Chen dismissed their case Tuesday for lack of just cause.

Trey Allen at SF City Hall protesting the new nudity ban on 2/1. (Photo: Justin Sullivan)

Trey Allen at SF City Hall protesting the new nudity ban on 2/1. (Photo: Justin Sullivan)

Trey Allen, 30, another protestor who defied the law and was arrested had, ‘War is Obscene, Not My Body’, emblazoned on his back in an attempt to point out the absurdity of the nudity issue versus larger problems facing the country like ending US involvement in the war in Afghanistan or ongoing drone bombings in Pakistan.

Mitch Hightower, an outspoken advocate for public nudity who runs the website BuckNakedInPublic.com in addition to organizing the yearly ‘Nude In’ at the Castro’s Jane Warner Plaza seemed very pleased with the outcome of the small but vocal protest.

Mr. Hightower, who initiated the failed lawsuit, was quoted in the SF Gate saying, involving the police was exactly what the nudist wanted. Judge Edward Chen left open the possibility of a future lawsuit if the nudist could prove that the law was inhibiting their political expression.

One of those arrested, George Davis, also took the opportunity to announce he’d be seeking to replace Supervisor Wiener during the next election cycle for the Dist. 8 Supervisors seat in 2014 running on a pro-nudity platform.

Wether or not these arrests will help further the nudist cause remains to be seen. All detainees have expressed a desire to see their citation all the way through the court system.

Regardless of a conviction if the immediate goal was to keep the national and international news spotlight focused on their cause and the City’s nudity ban they’ve more than succeeded.

 

Post Protest: Castro Controversy Erupts After Hotly Debated TIC Condo Conversion Legislation Gets Tabled

Coalition of Tenants protesting TIC law at City Hall on 1/28. (Photo: Waiyde Palmer)

Coalition of Tenants protesting TIC law at City Hall on 1/28. (Photo: Waiyde Palmer)

Monday a wide coalition of 200 activists from the Castro and nearly every City neighborhood gathered on the eastside steps of SF City Hall to voice their outrage over Supervisors Scott Wiener (Dist. 8) and Mark Farrel’s (Dist. 2) proposed legislation altering how Tenancy-in-Common (TIC) properties convert into non-rent controlled condos.

The protest proceeded a rancorous, five-hour long meeting where all sides on the issue vented their frustration and fears about: dwindling, affordable rental units, the ass backward current condo/TIC lottery system, the unchecked Citywide epidemic of evictions, the inability to make a profit from one’s own property, the lack of vision from City leadership in stewarding the issue and outrage over the proposed change in the TIC law.

Sup. Jane Kim, Scott Wiener, David Chiu, Mark Farrell hear from citizen's in BOS chambers regarding TIC/Condo law change

Sup. Jane Kim, Scott Wiener, David Chiu, Mark Farrell hear from citizen’s in BOS chambers regarding TIC/Condo law change on 1.28.2013 Photo: Occupy the Auctions/Evictions Blog

The law, authored by Wiener and Farrell, simply described as a, ‘condo conversion impact fee’, would’ve allowed as many as 2,000 TIC units to be immediately converted to condos for a fee, allowing owners to bypass a housing lottery system disliked by property owners that places an annual cap on conversions.

Outside the protest was lively. Multiple speakers from different organizations spoke and several citizens who’d been evicted under the Ellis Act.

“Will this law change stop evictions Mr. Weiner?” one recently evicted, angry, LGBT Senior Castro resident yelled. “That should be your priority-stopping evictions not helping them.”

Mr. Wiener under mounting public pressure posted an explanation of the law on his website writing in part, “Contrary to unfounded claims by some opponents of the legislation, it does not repeal rent control, it won’t result in evictions, and it won’t lead to future Ellis Act evictions.”

AIDS Housing Alliance Ex. Dir., Brian Basinger (Photo: Waiyde Palmer)

AIDS Housing Alliance Ex. Dir., Brian Basinger (Photo: Waiyde Palmer)

“Not true.” countered Brian Basinger, Exec. Director of SF AIDS Housing Alliance, as he addressed the rally. “I was evicted from my home when it was condo converted after it was deemed by the City to never, ever happen-yet it did.” He cited a DPW report showing how TIC’s like the one he lived in, which shouldn’t be eligible for conversion, are illegally converted none the less. “If land speculators can bypass current laws why now can’t they bypass this new one?”

Inside chambers Sup. Mark Farrel was visibly irritated by the anger thrown his way and replied in terse and barely disguised disdain. The eviction argument is moot in his eyes since the law included a provision guaranteeing lifetime leases for existing tenants in units that qualified for condo conversion under the program.

Sup. Jane Kim wasn’t so sure about that wondering how it could possibly be tracked or enforced. Second term, BOS Pres., David Chiu, also had concerns and in the end proposed tabling the issue until Feb. 25th saying, “I do not support the legislation in its current form,” he said. If the current generation of TIC owners were allowed to convert this time, he explained, the next generation’s frustrations with the housing lottery would only “lead us back to an identical debate in a short period of time.”

David Weissman, director of 'We Were Here' & 'The Cockettes'

David Weissman, director of ‘We Were Here’ & ‘The Cockettes’

Meanwhile, back in the Castro, local LGBT icon, David Weissman, film director of ‘The Cockettes‘ and the much heralded, ‘We Were Here‘, posted an open letter calling out Sup. Scott Wiener on his continued focus on the needs of those who can buy or own property over those who rent or will never be able to afford to buy.

Mr. Weissman, a longtime personal friend, had sent me the letter in advance to posting and minced little words in his appraisal of the current state of life in the Castro and SF under Mr. Weiner’s tutteledge. The letter went viral and has been reposted hundreds of times.

One such repost occurred on the Facebook wall of SF AIDS/social activist, Rajat Dutta, an associate shared by both Mr. Weissman and Mr. Wiener.

Mr. Wiener used that exchange as an opportunity to respond to Mr. Weissman directly. His comments have also gone viral especially amongst Mr. Weiner’s many admirers. Either side one finds themselves on this topic the result has been a firestorm of dialogue regarding renters rights vs. landlords at the Castro’s neighborhood bars and cafes.

Heres both Mr. Weissman’s letter and the Supervisors response in full:

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Sup. Wiener’s Condo Conversion Plan Angers Many-City Hall Protest Monday

Dist 2 Sup. Mark Ferrell and Dist. 8 Sup. Scott Wiener

Dist 2 Sup. Mark Ferrell and Dist. 8 Sup. Scott Wiener

Castro’s Sup. Scott Wiener and Dist. 2 Sup, Mark Ferrell, have introduced legislation which, if passed, could allow owners to repeal rent control from thousands of landlord-occupied apartment buildings.

Their plan will let Tenant in Common (TIC) buildings become condominiums automatically, bypassing the condo conversions lottery and tenant protections in the City’s condo conversion law.

The legislation will let any TIC property with two or more owner occupants pay a fee to become a condominium. Currently, under California state law, condominiums are exempt from rent control.

The issue comes before the full Board on Monday, January 28th. Opponents against the new edict have called for a noon rally and protest at City Hall followed by participation in pubic comment during the 1:30 PM BOS hearing.

Opponents say Wiener’s proposed legislation is a huge gift to property owners. If passed by the BOS, following the trend of current condo conversion figures, the value of these newly converted condos will increase the property by well over 20%. Its estimated 2,000 such units will be eligible.

SF Tenants UnionRenter’s rights groups consider this new law an unneeded financial boon to landlords. Landlords are collecting record profits. According to a recent HuffPo post, San Francisco has the highest rents in the country.

This law, activists challenge, benefits SF’s 1%, politically connected, City Hall insiders not the everyday, 99% majority.

Many renters fear If this legislation passes, they can expect to see a sharp increase in evictions as landlords anticipate that City Hall will let them move in, pay the fee to convert to condo and thus repeal rent control on all units within the building.

A Coalition of Tenant Rights Groups rally at 18th & Castro. Dec. 19, 2012 (Photo: AsianWeek)

A Coalition of Tenant Rights Groups rally at 18th & Castro. Dec. 19, 2012 (Photo: AsianWeek)

This proposed new law adds insult to injury piled on top of increased evictions from the unbridled use of the Ellis Act. Protests have been ongoing as tenant advocacy groups have rallied, most recently on Dec.19th in the Castro, to raise awareness and support  for a change in the law.

There are a rash of new builds in the pipeline in various stages of development within the City. SF real estate blog, SocketSite, forecasts 43,580 will be added to the rental/own market, including five on deck in the Castro, completed in the next four to five years.

Approximately 2700-3200 of those projected units will have been finished in various City neighborhoods and ready for move in by the end of 2013. Compare that number to the less than 250 new units made available in all of 2011 and it’s apparent real estate development in SF is experiencing another unprecedented boom.

Protesting EvictionsSadly little of these new, available units helps San Francisco’s working/middle class, working poor or those who fall below the poverty level currently struggling to maintain residence in the City.

Additionally none of these new build units would be covered under the auspices of current, SF, rent control, guidelines. The City’s rent control only applies to buildings constructed prior to June 13,1979.

“Ellis evictions have tripled and rents now average over $3,000 a month,” said Tommi Avicolli Mecca of the Housing Rights Committee one of Monday’s coalition organizers. “Renters are struggling to remain in their homes and in the city and this is the wrong time to give speculators an incentive to do more evictions.”

Sierra Club, SF Bay Area Chapter, came out against the Wiener/Ferrel ordinance. The Club encouraged all San Franciscan’s to join them in writing the Board to strike down the proposal. They also want everyone to attend Monday’s rally, protest and public speak out.

Sierra Club said, in part, in their missive to the Board, “Instead of enacting this ordinance, the City of San Francisco should pursue policies that protect rent stabilization and rent-stabilized units, which are a housing type that can’t be expanded (by law), and support the construction of more affordable housing, including family size units.”

Popular local blog, BeyondChron concluded, “Increasing condo conversions and eliminating rent control for thousands of units does nothing to address any of the housing affordability and no-fault eviction problems impacting San Francisco. Instead, it makes them worse.”