June 13, 2013 Edition of the Bay Area Reporter by Bay Area Reporter

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Vol. 43 • No. 24 • June 13-19, 2013

SF Pride: No honor for Manning Alleged attack highlights T hate crime concerns by James Patterson

he same week that gay Army private Bradley Manning faced a military judge in his court-martial at Fort

Meade, Maryland, 3,000 miles away a judge of a different sort, the San Francisco Pride board of directors, met and affirmed its earlier decision: there will be no official honor for the whistle-blower at this year’s parade.

by Seth Hemmelgarn

man has denied hate crime allegations after an alleged attack in San Francisco’s Mission district last week, as city officials work to address concerns over such incidents, especially against transgender people. According to court documents, Eric G. Olarte, 32 of San Francisco, pleaded not guilty June 5 in San Francisco Superior Court to counts of assault with force likely to cause great bodily injury and battery. The felony counts carry allegations that his actions were motivated by the victim’s sex or sexual orientation, which Olarte denied, the records say. Judge Monica Wiley ordered Olarte to stay away from the victim and the site of the incident, which is at Mission and 18th streets. According to Bay City News, which first reported on the case, the incident occurred at about 2:35 a.m. June 3. In a phone interview, Assistant District Attorney Victor Hwang said that Olarte and another man had been coming from Cava 22 on 22nd Street when they encountered the 33-year-old victim. Hwang said that according to police, “a number of homophobic epithets” were used. As he recalled, those included the word “maricon,” which is Spanish for “faggot.” He said Olarte punched and kicked the victim, who he said was “attacked from behind.” The victim “self-identifies as a drag queen” and uses male pronouns, Hwang said. Video from inside the building where the incident occurred “appears to show somebody being punched several times” while the person was outside on the ground, Hwang said. From the footage, “you can’t really see who’s on the ground,” he said, but the video shows the victim entering the building’s lobby shortly afterward. Deputy Public Defender Christopher Hite said in an interview that the victim started the incident. Hite said he wouldn’t talk about “discussions I’ve had with my client,” but based on the documents he has, “I think something was said” to the victim that the victim “felt was inappropriate,” or that amounted to “teasing.” He declined to share what Olarte said to the victim, but he said the victim “got upset” and “physically assaulted” Olarte, “which started the incident.” “My client defended himself, and the other individual jumped in to help my client,” he said. It got to the point where Olarte “felt he should” pull the other man off the victim, “which I think See page 12 >>

Supervisor David Campos speaks in support of reinstating Bradley Manning as a San Francisco Pride parade grand marshal during a press conference June 7 while awaiting the decision of the Pride board of directors. Rick Gerharter

The San Francisco LGBT Pride Celebration Committee board’s statement, released at around 6:30 p.m. Friday, June 7, was brief and unsigned. “None of the three main options we received from the community forum on May 31 garnered a consensus majority,” the statement read. Manning, 25, who has confessed to leaking 700,000 classified government documents to WikiLeaks, was initially named a parade grand marshal in late April. But the board quickly rescinded the honor and later said that he was not eligible for community grand marshal because he is not local. Supporters of Manning have held demonstrations, crowded a Pride board meeting, and packed a community forum last month, all with the hopes of seeing Manning reinstated as a grand marshal. But the Pride board has not budged. “I, for one, feel totally jerked around,” said Lisa Geduldig, an early and vocal critic of the Pride board’s actions concerning Manning. Last week’s statement seemed to signal an end to the board’s involvement with the Manning controversy, saying in essence that the show will go on. “... San Francisco Pride will continue to produce this year’s Pride celebration to enSee page 9 >>

Advocates await Supreme Court decisions analysis by Lisa Keen

he United States Supreme Court will release decisions any day now in two high-profile cases involving marriage and same-sex couples. Historically, the court has favored releasing its most controversial decisions on the last day of its session, which would be in late June. In past years, the court released four of its last six gay-related decisions on the last day of the session. While most mainstream media are reporting on the cases as if the court will decide whether gay couples can get married, the stakes are really much higher for LGBT people. The bottom line issue in both cases is whether gay people can have equal protection under the law. Whatever the court rules, it will have enormous impact on the legal and political well-being of LGBT people in every arena for decades to come. [See related story, page 14.] The first opinion likely to be released will concern California’s Proposition 8 – an amendment to the state constitution, approved by voters in 2008, to prohibit the state from issuing or recognizing as valid marriage licenses for same-sex couples. The case is Hollingsworth v. Perry. The second opinion, United States. v. Windsor, asks whether a section of the federal Defense of Marriage Act is constitutional. Most experts predict that, if the court can clamber over some procedural obstacles to

Rudy K. Lawidjaja

Edith Windsor, the plaintiff in the federal Defense of Marriage Act case, spoke to reporters following oral arguments at the U.S. Supreme Court in late March. Decisions in the DOMA and Proposition 8 cases are expected this month.

both cases, it will strike down both Prop 8 and a part of DOMA. But there are many variations on how all this might play out. For instance, in the Prop 8 case, it’s possible, notes veteran lesbian law activist Nan Hunter (blogging at http://www.hunterofjustice.com), that the court will find that Yes on 8 has standing but that the court doesn’t want to issue an opinion on the constitutionality of Prop 8. If

{ FIRST OF TWO SECTIONS }

that happened, wrote Hunter, the 9th U.S. Circuit Court of Appeals decision remains intact and is binding on all nine of the 9th Circuit states. One of the more limited outcomes would likely happen if the court rules Yes on 8 proponents did not have legal standing to appeal the lower court decisions. The California Supreme See page 15 >>

2 • Bay Area Reporter • June 13-19, 2013

<< Community News

t Patio Cafe hearing set for July by Matthew S. Bajko

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s he seeks permits to reopen the long-closed Patio Cafe in the Castro, owner Les Natali is seeking an operator to run the restaurant. The city’s planning commission is expected to vote on his conditional use permit application at its July 18 meeting. Once the permits are approved, the restaurant would be ready to open as all construction work was completed last year. Natali told the Bay Area Reporter this week that he is in talks with two interested parties to run the Patio Cafe – they would be required to keep the name – but would not disclose their identities. He expects to have an operator lined up by the July hearing and would announce who the person is once the permit has been approved. “I am optimistic,” Natali said of seeing the Patio reopen this summer. The unresolved zoning issues for the eatery, located at 531 Castro Street, have hampered discussions with potential restaurateurs, Natali told Castro merchants during their monthly meeting June 6. “I am looking for an operator. But it has been difficult to make a deal with an operator when I don’t know when we will get the permit,” said Natali, who also owns 18th Street gay bars Badlands and Toad Hall. “I am trying the best I can to get the Patio Cafe open as soon as possible.” The Merchants of Upper Market and Castro voted overwhelmingly to support Natali’s permit request. MUMC President Terry Asten Bennett, whose family owns Cliff ’s Variety, called its reopening “extremely significant” for the gayborhood. “It will help to revitalize the 500 block of Castro with increased footsteps up and down the block,” she told the B.A.R. via a Facebook message. “It is a historic business that will bring locals and tourists alike to

Rick Gerharter

Bar owner Les Natali asks the Merchants of Upper Market and Castro for its support on his permit for reopening the Patio Cafe on Castro Street.

the Castro. This will be a real win for the entire neighborhood.” As the B.A.R. noted in a March story, Natali had planned to reopen the Patio, which closed in 2002, in May 2012. But a routine health department inquiry related to his request for an occupancy permit led to a determination that his planning permits were not in order. When Natali secured a permit to install a retractable roof over the outdoor dining area in 1992, the city stipulated a seating capacity of 160 people and required him to seek a new permit if he expanded. He also had to merge the two adjoining properties into one legal entity, provide additional fire exits, install a new fire sprinkler system, and increase the number of restrooms. The Patio remained open while the work was completed. By 1999 the restaurant was closed for periods of time due to various construction reasons, and served its last customer sometime in 2002. An early bathroom upgrade was later deemed noncompliant and had to be re-done to meet Americans with Disabilities Act requirements.

In 2005 Natali received permits to remove a retail space fronting Castro Street, upgrade the bathrooms to be wheelchair accessible, and expand the Patio’s bar area. At the same time he combined two storefronts in the adjacent building into one retail space and ripped out what had been rainbow-colored steps as they were not ADA compliant. A dispute with his contractor led to months of legal wrangling and further delays. After he hired a new construction firm, problems with the electrical service upgrades further pushed back the timeline to complete the work. “It was a major job; it was very time-consuming; and it was very expensive,” Natali said last week. In the meantime Natali was hit with allegations of discriminatory business practices at Badlands. He refuted the charges and reached a mediated settlement with his accusers in 2006. But the issue led to a complaint being filed against his permits for the Patio, which further delayed the remodel project. Eventually the See page 16 >>

Police examine Castro death by Seth Hemmelgarn

uestions remain as police investigate the death of a gay San Francisco man who died last week after being found unconscious on a Castro area sidewalk. James Cunningham, 55, is believed to have sustained injury to his head while he was walking his dog on Hartford Street one night in late May, according to his sister Maureen Cunningham, who cited information from a hospital social worker. Someone eventually discovered him, and he was taken to San Francisco General Hospital, where a coma was induced. He died June 3. In a June 10 interview, San Francisco Police homicide Sergeant Scott Warnke said a man delivering newspapers found Cunningham at about 2 a.m., Tuesday, May 28, on the sidewalk near 174 Hartford Street. Paramedics responded to the scene and took Cunningham to SFGH. As of Monday, there was “no evidence at all that it was assault or robbery,” Warnke said. “There is nothing at this point that suggests any foul play,” added Warnke, who also said the investigation is “in its infancy.” Cunningham was found in a residential area, but Warnke said police hadn’t yet found any neighbors who heard or saw anything, other than the fire department personnel who responded to the scene. Cunningham’s dog, Jett, was at his side when paramedics arrived. It’s not clear whether the dog had made any noise around the time

Courtesy Gregg Gleasner

James Cunningham and his dog, Jett

Cunningham was injured, but Warnke said, “When the paramedics came, the dog was very protective of Mr. Cunningham.” Cunningham didn’t have any identification on him (friends said he often didn’t carry a wallet when walking his dog) when he was found, and he was identified through Jett’s microchip. The dog was initially taken to the San Francisco Society for the Prevention of Cruelty to Animals but is now living with Maureen Cunningham and her family. Funeral and burial services were held Wednesday, June 12. It’s up to the medical examiner’s office to determine the cause and manner of death, but it will likely be months before the agency releases

that information publicly. Until that information is disclosed, the office routinely declines to share any data other than name, age, and city of residence. Maureen Cunningham, 57, of San Jose, said an autopsy has been performed, but she couldn’t discuss what was found during the examination. “I think it’s all preliminary,” she said. Cunningham hadn’t had any health problems before this, his sister said. “I think he had high blood pressure,” she said, but there was “nothing serious.” Hospital staff first told the family that Cunningham had been assaulted, but later said he could have been injured from a fall, Maureen Cunningham said. She said he developed an infection in the hospital that eventually killed him. In interviews, many people were eager to talk about Cunningham’s kindness and diverse interests in everything from astrology to music. Last week, just after Cunningham’s death, Gregg Gleasner, 56, of See page 16 >>

Correction The May 23 article “Roxie fundraiser fetes queer filmmakers” misidentified the identity of executive director Megan Wilson, who is bisexual. The online version has been corrected.

4 • Bay Area Reporter • June 13-19, 2013

Volume 43, Number 24 June 13-19, 2013 www.ebar.com PUBLISHER Thomas E. Horn Bob Ross (Founder, 1971 – 2003) NEWS EDITOR Cynthia Laird ARTS EDITOR Roberto Friedman ASSISTANT EDITORS Matthew S. Bajko Seth Hemmelgarn Jim Provenzano CONTRIBUTING WRITERS Dan Aiello • Tavo Amador • Erin Blackwell Roger Brigham • Scott Brogan Victoria A. Brownworth • Philip Campbell Heather Cassell • Chuck Colbert Richard Dodds • David Duran Raymond Flournoy • David Guarino Peter Hernandez • Liz Highleyman Brandon Judell • John F. Karr Matthew Kennedy • David Lamble Michael McDonagh • David-Elijah Nahmod Elliot Owen• Paul Parish • James Patterson Lois Pearlman • Tim Pfaff • Jim Piechota Bob Roehr • Philip Ruth • Donna Sachet Adam Sandel • Jason Serinus • Gregg Shapiro Gwendolyn Smith • Ed Walsh • Sura Wood ART DIRECTION T. Scott King ONLINE PRODUCTION Jay Cribas PHOTOGRAPHERS Danny Buskirk Jane Philomen Cleland Marc Geller Rick Gerharter Lydia Gonzales Rudy K. Lawidjaja Steven Underhill Bill Wilson ILLUSTRATORS & CARTOONISTS Paul Berge Christine Smith GENERAL MANAGER Michael M. Yamashita DISPLAY ADVERTISING Simma Baghbanbashi Colleen Small Scott Wazlowski NATIONAL ADVERTISING REPRESENTATIVE Rivendell Media – 212.242.6863

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<< Open Forum

t Don’t overlook AIDS funding issues A

s Pride Month rolls along, anticipation is growing for the upcoming parade in San Francisco and, of course, the U.S. Supreme Court’s expected decisions in two same-sex marriage cases. But while celebrating the LGBT community should not overlook critical issues that remain for HIV/AIDS funding, both locally and nationally, and should use the exposure that June brings to call attention to the matter. Last week, to kick off Pride Month, 35 LGBT and HIV advocacy groups issued a joint letter committing themselves and their organizations to re-engaging the broader LGBT community in the fight against HIV. “Over the last 30 years the [LGBT] community has seen great strides in the movement for full equality,” the letter states in part. “Much of this success is the result of a concerted movement, which was galvanized in response to the AIDS epidemic in the 1980s. ... In the decades since our movement has seen incredible victories. ... Unfortunately, our community hasn’t maintained the same momentum in our fights against HIV. ... Each day, more than 80 gay and bisexual men become infected with HIV in the United States. ... Despite these alarming statistics, which have galvanized our community in the past, the HIV epidemic has seemed to fall by the wayside. Many in our community have simply stopped talking about the issue. This must change.” Helpful events throughout the year show that many people in the Bay Area are paying attention. More than 2,700 bicyclists and volunteers just completed the annual AIDS LifeCycle ride from San Francisco to Los Angeles, which raised a record $14.2 million for the San Francisco AIDS Foundation and the Los Angeles Gay and Lesbian

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achieve an undetectable viral load level and remain in good health. But those medications are costly, which is why the AIDS Drug Assistance Program is so vital. Some PWAs are struggling to pay monthly bills or survive on other types of services that various agencies provide. It is vital that these programs remain operating, particularly those that serve people of color and transgender people. Our community can walk and chew gum at the same time. We can advocate for marriage equality and the Employment Non-Discrimination Act while supporting HIV prevention programs that work and fighting for resources to provide medical services. We must not forget that AIDS is still a very real part of the LGBT community, and we must work to maintain services in this age of federal sequestration and other cuts.t

Social Security affects LGBT families by Daniel Redman

he Supreme Court rules on the Defense of Marriage Act this month. If the court strikes down the law, then same-sex married couples will have access to the same federal rights and benefits as opposite-sex married couples. This would be a significant victory for the LGBT community. There are 1,138 rights that hinge on federal recognition of a marriage. One of the most important rights – especially for LGBT seniors – is equal access to Social Security benefits. But even if DOMA falls, nonmarital couples and LGBT families in states that refuse to recognize them will continue to face discrimination. “Living Outside the Safety Net: LGBT Families and Social Security” – a new report from the Human Rights Campaign Foundation and the National Committee to Preserve Social Security and Medicare – highlights this discrimination and proposes policy changes to fight it.

Pain of waiting

Bay Area Reporter

Center. Facebook postings by some of the riders put a face on their activism and helped raise awareness (and funds). Those living with the disease need help from elected officials too. While San Francisco Mayor Ed Lee did propose $4 million to backfill federal cuts to local HIV/AIDS services in his recent budget plan, there remains a $3 million shortfall. Supervisor Scott Wiener has said that his top priority is to secure those funds. There are, as Wiener noted in our story last week, many competing entities for that money. Numerous studies over the years have shown that when people living with HIV/AIDS are able to adhere to medication regimens, they can

For Herb Burtis, victory can’t come soon enough. Herb and his partner, John Ferris, were together for 60 years before Ferris died of Parkinson’s disease. After Ferris died, because the federal government refused to recognize their marriage, Burtis was denied Social Security survivor benefits. This amounts to $700 per month – enough money to cover Burtis’s monthly medication bill. Today, Burtis is a plaintiff on another case challenging DOMA brought by Gay and Lesbian Advocates and Defenders. A win at the Supreme Court would make him and LGBT seniors across the country safer and much more economically secure. Social Security benefits prevent many seniors from falling into poverty when a spouse dies or becomes disabled. LGBT people are more likely to be poor than straight people, especially LGBT people of color, reports Professor M.V. Lee Badgett of UCLA’s Williams Institute in a new study. A key part of the problem, according to Badgett, is “lack of access to various tax and other financial benefits via exclusion from the right to marry,” including Social Security. Survivor benefits, like what Burtis is entitled to, are just one of several benefits under the Social Security Act. For couples where one spouse receives a much lower benefit payment (such as a stay-at-home spouse), there is a “spousal benefit” to boost that number to at

least half of the higher-earning spouse’s monthly amount. In addition, the higherearning spouse can delay taking their benefit, increasing the amount that both she and her partner will take. “Social Security survivor and spousal benefits are one of the most important protections against poverty in old age,” said Jerry McIntyre, directing attorney at the National Senior Citizens Law Center. Overall, Social Security retirement benefits keep half of Americans over age 65 above the poverty line. Two-thirds of seniors rely on it as their only source of income. Social Security is also vital for children when a parent becomes disabled or dies. In those cases, a child or the surviving parent has a right to receive benefits based on the deceased or disabled parent’s work history. Of the 4.4 million children receiving Social Security benefits in the United States because a parent has died or become disabled, one-third would be in poverty without these benefits. But what if a state refuses to recognize that an LGBT person is a parent at all? California children of same-sex couples have protections. They are automatically recognized as the children of their non-biological parents if their parents are registered as domestic partners or married, and any second parent can undertake a second-parent adoption to further protect their parental rights. But of the 250,000 children across the country being raised in LGBT families, many live in states that refuse to recognize these parents. These children face the loss of significant benefits if their non-recognized parent dies or becomes disabled. And even if DOMA is struck down by the court, only 12 states, three Indian nations, and Washington, D.C. currently recognize marriages entered into by same-sex couples. LGBT couples who are not married – whether in recognition states or not – will continue to face hardship and discrimination.

Action steps

Whatever happens this month, there are steps to take now. Anyone who would otherwise be eligible for spousal or survivor benefits absent DOMA should apply. Once denied, they should appeal. If the Supreme Court declares DOMA unconstitutional, benefits will be awarded retroactive based on the date of application. For people who have not yet applied, or have just become eligible, they should prepare to apply if the court strikes down DOMA. Contact an advocacy organization or an attorney with LGBT benefits experience for more information. If DOMA is struck down, there are clear policy changes that would ensure that more LGBT families are included in these important protections. First, the Social Security Act’s definition of “child” must be expanded to cover LGBT parents in states that refuse to recognize their family relationships. California has done this for years, recognizing de facto legal parents, even when the parents’ relationship had no legal recognition. Second, the scope of who counts as a partner should also be expanded to include registered domestic partners, civil union couples, and nonrecognized families across the country. Fairness means fairness for all of us.

The beginning, not the end

Ten years ago this month, in Lawrence v. Texas, the Supreme Court struck down as unconstitutional the last remaining sodomy laws. A ruling striking down DOMA would be another monumental victory on the road to full legal equality. But as with other victories before, it will also mark another beginning in the fight to fully expand legal protections and benefits to all of our families.t

Daniel Redman is an elder law attorney in the San Francisco office of DLKLawGroup, P.C. To read the HRC report, visit http:// tinyurl.com/l7j77md.

Letters >>

June 13-19, 2013 • Bay Area Reporter • 5

Outdated understanding of safer sex

Seth Hemmelgarn’s story decrying underwear designer Andrew Christian’s use of adult film star Antonio Biaggi in an ad campaign because of his work in bareback porn reflects an outdated understanding of the meaning of safer sex for contemporary gay men, a willing collaboration in the stigmatization of men who engage in condom-free sex, and blatant hypocrisy [“Clothier sends mixed safe-sex messages,” May 30]. The Bay Area Reporter, ever eager to muck up scandal, embraces the shame-driven, sex-panic attitude that castigates gay men for the natural human drive to connect sexually without barriers. The reality is that gay men today have a range of choices they can make to reduce their risk of HIV infection. Condoms are undoubtedly one of the best ways to reduce that risk. However, we know from local epidemiological data over the last several years, that for a large and increasing number of gay men, condoms are not always the risk-reduction option of choice. As harm-reduction based strategies like serosorting (choosing sexual partners based on a discussion of HIVstatus), seropositioning (choosing sexual roles based on HIVstatus), and PrEP (HIV-negative guys taking a once-a-day HIV pill to prevent infection) gain wider currency among gay men, some significant community partners (the B.A.R. and AIDS Healthcare Foundation, in particular) continue a retrograde campaign of stigmatizing bareback sex. Fear, guilt, and shame may have some efficacy in short-term behavior change, but they do little to impact behaviors in the long term. Making matters worse, these strategies undermine the self-esteem, social support and sexual satisfactions of the very men who are supposed to be “helped” by these messages. Self-esteem, social support, and sexual satisfaction are all critical factors we know to be linked to making healthier behavioral choices. Gay men today need support in understanding the full range of choices they can make to lower their risk of HIV infection, from condoms to serosorting to PrEP to regular STD screening. All risk reductions strategies have their strengths and weaknesses. The best risk-reduction strategy is the one that you are actually willing to implement in your life. In this regard, we need to respect the wide range of choices that our peers make, just as we wish our own individual choices to be respected. In continuing to print salacious stories about the supposed scandal of barebacking among gay men (whether in adult films or in our personal lives), replete with sexy front page photos of models such as Mr. Biaggi, the B.A.R. is every bit as guilty of capitalizing on the taboo cache barebacking as the Andrew Christian company. It’s time that the B.A.R., AIDS Healthcare Foundation, and other old guard figures in our community health conversation abandon their knee-jerk stigmatization of the bareback porn industry and barebacking in general. We need a community dialogue that welcomes and respects the broadest cross-section of our community, and that certainly includes a great many men who prefer their sex sans condom. Bradley Hart, a.k.a. Sister Eden Asp Sisters of Perpetual Indulgence San Francisco

Pride leaders should step down

After everything I have seen and read about this year’s San Francisco Pride, it is clear that it is now time for board President Lisa Williams and CEO Earl Plante to step down. Their errors in handling the Bradley Manning situation, their poor ability to conduct business with the press and the public, their irrational (and erratic) behavior during meetings only suggests one thing: neither are capable of running an event as large and diverse as SF Pride. Step down. Now.

Historic look at old Pride parades

My film, Gay Pride Parades, San Francisco 1970-1980, is alive and well on YouTube, with close to 12,500 hits. It’s not my intention to criticize the current San Francisco Pride parades, as I have only attended one since officials started placing barricades along Market Street. I understand the necessity for them and agree with their use. However, they seem to be but a symptom of corporate and political intervention, pulling the plug on the spontaneity and electricity of this joyous celebration. For me, the excitement of the parades was not only participating in them, but capturing all of this spontaneity on film. I am a filmmaker. Witnessing paradegoers watching from sidewalks, windows, lampposts, and doorways was an unbelievable experience. Not only did they watch – they could join in, then exit at will. It was pure, unadulterated joy to behold and capture on film. In a word: magical. My film has become an historical document, capturing these moments. During those 20 years, there was virtually no mention of the parades in either print or electronic media. Imagine that? We’ve come a long way, haven’t we? I’m incredibly proud of my film and continually thrilled to read the multitude of marvelous, supportive comments from YouTube viewers. Special thanks to my good friend and mentor, Ron Williams, my film has found a comfortable home and thousands of friends. To view my film and time travel back to the unabashed joy and excitement of the pre-barricade Parade days, go to http:// www.youtube.com/ronsfo. Charles E. Roseberry San Francisco

Wants AIDS Walk refund

The San Francisco AIDS Walk and the company hired to run it have become totally unscrupulous. Both parties led me on last year to make Friends of Ugandan Orphans a recipient of the funds that supporters of the group raised. I stopped the donations when a $3,000 donor was about to make his donation. I was finally told by someone from the San Francisco AIDS Foundation that we did not qualify as our 501(c)3 is in Boston. Why wasn’t I told this forthrightly from the beginning? MZA events, which licenses the walk, refuses to return $600 to small donors who face a daunting wall to recover their donations. Did you know that MZA events takes a huge percentage raised and the SFAF keeps the rest for itself? Why is anyone there paid more than Nancy Pelosi or Barbara Lee, who make $174,000? Are they that self-important? I urge everyone to boycott AIDS Walk SF and donate directly to an organization that is doing real work in the community. Note, the same for the Eat Bay AIDS Walk – donate to your favorite AIDS organization directly. By the way, Friends of Ugandan Orphans has a matching grant of $5,000, put up by myself, Gary Nelson, and the Berger family. One hundred percent goes directly to an orphanage and school in Golomolo Village, which is at the end of a road deep in the jungle near Lake Victoria. No middlemen and your donation is fully tax deductible. Friends of Ugandan Orphans, 2110 Haste Street, Box 419, Berkeley, CA 94704. I speak from experience as an AIDS activist since 1986.

Joe Wicht San Francisco

John Iversen ACT UP/East Bay and Occupy AIDS Berkeley, California

Pink triangle helpers needed compiled by Cynthia Laird

he annual installation of the pink triangle atop Twin Peaks is one of San Francisco’s most visible symbols during Pride weekend. But to make that happen, Friends of the Pink Triangle needs about 100 volunteers and have put out the call for help. This will be the 18th year of the display. Patrick Carney, a local architect who helped form the friends group some 17 years ago, said that people should consider signing up now to help install the tarps Saturday, June 29 from 7 to 10 a.m. After that, the dedication ceremony will take place at 10:30. It is an emotional event where tribute is paid to those lost and calls are made to remember history. Speakers include political leaders, Pride Parade grand marshals, and community members.

Bill Wilson

House Minority Leader Nancy Pelosi, left, shared a laugh with pink triangle organizer Patrick Carney, state Senator Mark Leno, and Assemblyman Tom Ammiano at last year’s installation ceremony.

The pink triangle was used by the Nazis in concentration camps to identify and shame homosexu-

als. The pink triangle has since been See page 6 >>

Read more on www.ebar.com

<< Commentary

6 • Bay Area Reporter • June 13-19, 2013

Extreme talk by Gwendolyn Ann Smith

n April 8, Tavares Spencer, a 16-year-old, allegedly lured a 22-year-old transgender woman known as Coco McDonald to a house in Tampa, Florida. There, authorities said, he shot her twice, stole her purse, and may well have killed her had she not managed to get away. Spencer later bragged about his crime in text messages to his friends – messages that helped lead to his arrest on June 1. It was a news report of the arrest on Tampa’s local ABC affiliate that likely caught the ear of Jacksonville, Floridabased talk-radio hosts Lex Staley and

Terry James. Known as Lex and Terry, the duo have a program syndicated by Clear Channel and presented on SiriusXM as part of the Extreme Talk channel. The station markets itself as the home of “edgy entertaining talk shows.” Their show, labeled as “a unique blend of lifestyle advice, humor, and on-air community” is geared toward men in the 18-49 demographic – a demographic that seems to fit with the rest of Extreme Talk. On Lex and Terry’s June 3 program, they decided to discuss the shooting of McDonald. “There’s a teen that shot a tranny after finding out that it was a man after they had a little sexual encounter,” said one of the radio hosts. “I don’t blame him ... I would have shot his ass too,” offered up his co-host. They had a knowing laugh and moved onto the next topic. Now there’s one thing I feel it important to point out here. McDonald has made it clear that she had disclosed being a transgender woman to Spencer prior to April 9. He knew and decided to shoot her. It is not clear if they had much of any sexual encounter prior to the shooting. Regardless of any of the above, there is no justification for the shooting of McDonald by Spencer – none. So Lex and Terry decided this story of the attempted murder of a woman was somehow justified, and that in the same situation, at least one of the duo would have also pulled the trigger. Or maybe they just thought this was what their audience of mostly 18-49-year-old men would have wanted to hear as they offered up “on-air community” and “lifestyle advice.” Frankly, I suspect that their audience would indeed have wholeheartedly agreed – and that is the scary part. I’ve been tracking anti-transgender deaths for roughly 16 years now, back when the president’s last name was Clinton and Seinfeld was still in its first run. In all that time I’ve seen hundreds of cases where men have

News Briefs

From page 5

reclaimed by the LGBT community and is now used as a symbol of pride. Carney noted that in recent years, the Taliban in Afghanistan required non-Muslims to wear identifying badges on their clothing; in Iran, young gay men were hanged in public squares. “This is why the Twin Peaks display is so important,” Carney wrote in a history of the triangle. “We must remind people of the hate and prejudice of the past to help educate others and prevent it from happening again. What happened in the Holocaust must not be forgotten and must not be repeated.” Volunteers are asked to bring a hammer and gloves and wear closed-toe shoes. People should wear sunscreen. Carney said “fashionable pink triangle T-shirts will be provided to all who help.” To sign up, visit http://www. thepinktriangle.org or call Carney at (415) 726-4914. The website has detailed driving directions. Additionally, volunteers are needed the evening of June 30 to help take down the installation, for one hour or more from 5 to 8 p.m.

Gay vets to mark Flag Day

credit, too, Lex and Terry have promised a formal apology, and have also promised to work with both GLAAD and representatives of the transgender community to discuss anti-transgender violence on the air. I hope not in the same vein as the last time they chose to discuss it. Lex and Terry, however, are only a symptom of a larger problem. Whether they actually were condoning the murder of transgender people or simply providing what they felt Heather Rose Brown their audience wanted to killed a person in an apparent antihear, there remains a large segment of transgender murder. Many of these the population who do indeed see no killers have felt perfectly justified in problem with attacks on transgender what they did, and assume that no people. This is the environment that one, or at least their peers, would led Spencer to feel he could not only blame them. Indeed, I suspect they shoot another human being, but then feel their friends would do exactly the brag about it to his friends. same thing. It’s not Lex and Terry who held that After some outcry over their ongun on April 9, but it is comments air comments, Lex and like theirs that lead to an environment Terry’s employers over where people feel blameless for shooting at Clear Channel seemed a transgender person. It is this lifestyle to disagree with the raadvice – whether it comes from Lex and dio hosts. Angel ArisTerry or elsewhere in the popular metone, the senior presidia – that makes people feel that anyone dent of marketing and would willingly shoot a transperson. communications at We need to build a better world, Clear Channel Raone where Lex and Terry and their dio, said in a public employers need not make apologies statement, “Clear for bad behavior, because they unChannel Media derstand before they open up their and Entertainment mouths that any person, transgender does not condone the comment inor otherwise, deserves to live their dependently made by Lex and Terry lives without fear. We need a world regarding transgender individuals. ... where Spencer and his ilk will not The comment was thoughtless and grow up with the choice of killing a unacceptable and we sincerely apolotransgender person so positively afgize to anyone who was offended by firmed in the media. their remarks.” I want a world where transgender The show has also disappeared from people like myself are not viewed SiriusXM’s Extreme Talk channel. I as potential victims, and where it is am not sure if that was the decision made clear that it is never acceptmade by SiriusXM or Clear Channel, able for us to be shot for who we are. which controls content on Extreme That is the sort of lifestyle advice I’d Talk. Either way, I cannot say I’ll shed accept.t any tears over these two hosts losing a substantial chunk of their audience. Gwen Smith has never been a big I applaud Clear Channel and Sirifan of talk radio. You can find her usXM for any steps they have taken online at www.gwensmith.com. to reprimand Lex and Terry. To their

The predominately gay Alexander Hamilton Post 448 of the American Legion will dedicate a flagpole at the Eureka Valley/Harvey Milk Memorial branch of the public library in honor of Flag Day, Friday, June 14. The public is welcome to attend the ceremony, which will be held at noon at the library, 1 Jose Sarria Court. Post Commander Mario Benfield said the effort is in conjunction with other flag dedications that day by various legion posts.

LGBT Pride in San Mateo

The San Mateo County Pride Initiative will present its inaugural LGBTQQI Pride Celebration Saturday, June 15 from noon to 4 p.m. at the recreation center at San Mateo Central Park, 50 E. 5th Avenue. The pride initiative is led by the behavioral health and recovery services staff of the San Mateo County Health System and is funded through the Mental Health Services Act. The Pride initiative is committed to foster a welcoming environment for the LGBTQQI communities living and working in San Mateo County through an interdisciplinary and inclusive approach. The afternoon will include films, music, food, raffles, informational panels, a resource fair, and much more. The Pride party is a clean and

sober event.

HIV and nutrition event

The AIDS Healthcare Foundation pharmacy and Under One Roof will present a free seminar on HIV and nutrition Thursday, June 20 from 6 to 8 p.m. at the pharmacy, 4071 18th Street (formerly Mom’s). The speaker will be Emily Tsuchida, a nurse practitioner and nutrition counselor. Light refreshments will be served. Seating is limited. To RSVP, visit http://uorcommunityfyi-june2013.eventbrite.com.

New Sylvester album to help AIDS groups

A new posthumous album from Sylvester, Mighty Real Greatest Dance Hits, will be released later this month for Pride but people can preorder it now. When Sylvester James, better known as the disco hit-maker Sylvester, died of AIDS-related complications in 1988, he bequeathed his royalties to local AIDS organizations. One was AIDS Emergency Fund and the probate court later designated Project Open Hand, as the food program that Sylvester had initially chosen had ended. At the time of his death, Sylvester’s estate was in debt and the two organizations didn’t know if they would ever receive anything. As the Bay Area Reporter reported three years ago, the debt was eventuSee page 10 >>

Politics >>

June 13-19, 2013 • Bay Area Reporter • 7

SF increases LGBT data collection efforts by Matthew S. Bajko

espite its long embrace of the LGBT community, San Francisco remains largely blind to the demographic makeup and service needs of its LGBT residents. Privacy concerns have been the main reason behind why city officials do not routinely ask residents about their sexual orientation or gender identity. The lack of specific LGBT data means there is no accurate count for just how many LGBT people live in San Francisco. And that can hamper efforts to secure funding for LGBT programs from City Hall or result in health needs that disproportionately affect LGBT people going unaddressed. Now, however, the city is taking steps to begin collecting demographic data on its LGBT residents. From changing forms to updating intake practices at health clinics, various city departments and agencies are beginning to ask a question the Bay Area Reporter routinely poses to people: do you identify as gay, lesbian, bisexual or transgender? “This LGBT data collection is really inevitable. We are trying to get San Francisco ahead of the curve on it,” said Bill Ambrunn, chair of the city’s LGBT Aging Policy Task Force. Created last year to advise city leaders on how to address the needs of LGBT seniors, the task force quickly determined there was little information known about this population subset. In addition to launching its own survey of LGBT seniors – about 600 people age 65 and older filled out the online questionnaire and a report on the data will be presented in July – the task force adopted a policy statement asking Mayor Ed Lee’s administration to begin collecting LGBT data citywide in all age groups. “We asked for all the citywide programs and all city contractors to eventually be required to collect the info as long as other info is being collected. Not in every situation, just when it is appropriate,” said Ambrunn, a local attorney. In late 2012 members of the task force met with Steve Kawa, the mayor’s openly gay chief of staff, to discuss the issue. Neither Kawa nor the mayor’s spokespeople responded to the B.A.R.’s request for comment; Ambrunn said Kawa was supportive of the policy. “His view was why wouldn’t we work on this as it makes total sense and is something we should have been doing,” recalled Ambrunn. “No one ever asked them before to do it as far as he knew.” Last year Board of Supervisors President David Chiu and Angela Calvillo, an out lesbian who is the clerk of the board, worked with the city attorney’s office to update the application for board appointments to city commissions so that the section asking applicants to list how they have represented the city’s diverse communities included the words “sexual orientation, gender identity.” While the revised form, which was posted online in September, does not directly ask people to state if they are LGBT, it is meant to help applicants self-identify in such a manner to ensure the LGBT community is represented on the city’s oversight boards. More recently District Attorney George Gascón’s office has begun looking at how it can gather data on LGBT crime victims, and possibly offenders, in order to help it better direct services and staffing to meet the needs of the LGBT community.

The DA decided to start with domestic violence cases as a trial project because it is easy to identify those having to do with same-sex couples. In March of this year 12 out of 131 such cases reviewed by the DA’s office involved same-sex couples, while in April it was 11 out of 182 cases. “We have to be very careful in our desire to ascertain this information to understand the scope of the problem that there are no unintended consequences and people don’t come forward to report crimes,” Gascón told the B.A.R. during an editorial board meeting this week. His office is also looking at its victim services program to see how it can best ask those seeking help if they identify as LGBT. The DA had sought funding in the mayor’s budget to hire an analyst to help it collect and analyze LGBT data but was denied the extra funds. The benefits of knowing more about the LGBT victims it works with are obvious, said Gascón, who believes it will improve his office’s ability to provide services.

Attorney Bill Ambrunn

“Once you start looking through data, things not visible to you become visible,” he said. One city department that has been working to address the issue is the Department of Public Health. Five years ago it began to develop methods for how to collect people’s ethnicity, sexual orientation, and gender identity information. Improving how it asks about race was the first step, and in July, the health commission is expected to sign off on adding questions about

sex and gender. Under the proposal, people utilizing health services will first be asked what is your gender? The choices listed will be male, female, transmale, transfemale, or specify. The second question will ask what was your sex at birth – male or female? “We will be able to identify people who may not identify as transgender,” explained Maria X. Martinez, M.A, senior staff to the director of health who is helping to oversee development of the LGBT questions. “That is coming into effect soon.” Internally, the health department’s Community Assessment System and Program Evaluation and Research group has been looking at how to next add questions on if a person is gay, lesbian or bisexual. It held a public meeting Wednesday night to solicit feedback from community members on how best to gather such data. What is being proposed would be a multiple-choice question: What best describes your current sexual orientation? Options would include straight/heterosexual; bisexual; gay; lesbian; same-gender loving; unsure/questioning; or not listed, please specify. Once adopted, the health depart-

ment’s policy would require all new data collection systems it purchases or designs to track clients, patients, and participants collect the LGBT data. Some of the issues the department is trying to sort out include just when to ask such questions, should it include the questions on paper forms or just online systems, and if everyone should be asked the question. “The main medical record doesn’t have a place to register this information,” said Martinez, who expects to present the final proposal on the LGB questions to the health commission by the end of 2013. Nationally, the Obama administration is also moving ahead with asking people about their LGBT status. In her Pride month message, Health and Human Services Secretary Kathleen Sebelius highlighted how in 2011 her agency announced it would start collecting LGBT data. She noted that for the first time the 2013 National Health Interview Survey, HHS’s flagship survey, included a question on sexual orientation. The first results will be released in 2014. The federal agency is now testing survey questions on gender identity See page 10 >>

Community News>>

June 13-19, 2013 • Bay Area Reporter • 9

Memorial set for gay man by Seth Hemmelgarn

emorial services have been set for a “beautiful” young gay man who had worked for years at a San Francisco coffee shop and is being remembered for his vibrant personality. Julian Rodriguez, 36, had recently been hospitalized for pneumonia. He died Thursday, May 30, at San Mateo Medical Center after a blood clot went to his heart. Services will begin at 3 p.m., Thursday, June 13, at Duggan’s Funeral Service, 3434 17th Street, San Francisco. Bernie Hanifin, 40, is the owner of Bernie’s coffee shop in San Francisco. Rodriguez had worked for her for almost four years, first in the shop’s Noe Valley location and most recently at a new shop in the Financial district’s Crocker Galleria. “He was a very sassy, sarcastic, beautiful man,” Hanifin said of

Courtesy Bernie Hanifin

Julian Rodriguez

Rodriguez, who had been a regular at QBar in the Castro.

“He lit up a room,” she said. “You knew you were going to get the truth from him whether you liked it or not.” Rodriguez, who was HIV-positive, hadn’t been feeling well for about six weeks, she said. “Being stubborn and not taking advice from a lot of us ... he just waited too long” to see a doctor, Hanifin said. Rodriguez, who lived in Daly City, had recently been set on visiting New York City for the first time – his “dream trip,” she said. “He insisted on doing that before seeing a doctor,” she said, and by the time he returned, “he really wasn’t feeling well.” Hanifin said she made him stay home from work. “He waited another week before going and being admitted to the emergency room, where he was diagnosed with pneumonia,” she said. Right before Rodriguez died,

Supes OK condo legislation by David-Elijah Nahmod

he San Francisco Board of Supervisors approved legislation that would allow tenancies-in-common to convert to condos, but the two initial backers of the ordinance ended up voting against it. Supervisors Scott Wiener and Mark Farrell, who initially proposed the changes, opposed the ordinance, as did Supervisor Katy Tang. The board’s 8-3 vote, however, protects it from a mayoral veto. TIC owners who wish to convert would have to pay a $20,000 bypass fee, and the condo lottery would be frozen for 10 years. TIC owners who supported the changes said it would allow them to obtain lower interest rates on their mortgages. The legislation had been amended in committee several weeks ago. Wiener had been willing to accept a majority of the changes provided that two issues were addressed: owneroccupancy requirements and a poison pill provision in the event someone sues the city. In the end, Wiener could not support amendments offered by Board of Supervisors President David Chiu, who worked closely with tenant advocacy groups. Those amendments include a provision that if someone sues to try to overturn the moratorium or lifetime leases the bypass freezes, and if a lawsuit succeeds in striking down the lottery suspension or the tenant lifetime lease protection, then fiveand six-unit buildings that lost the 2012 or 2013 lotteries and meet certain occupancy requirements would be able to apply for the future lottery. Wiener’s vote did not come as a surprise. “The current amended version of the legislation puts TIC owners in a worse position than they’re currently in,” he said in an email to the Bay Area Reporter last month. The board chamber was packed

Manning

From page 1

sure a safe and joyful time for all attendees, as safety and security is our number one priority,” the statement read. It also said that the board appreciated “the vibrant diversity of our community, and look forward to advancing efforts to effectively ‘educate the world, commemorate our heritage, celebrate our culture, and liberate our people.’”

Rick Gerharter

Supervisor Scott Wiener

with tenant activists, many of whom were seniors, disabled, or living with AIDS. During the portion of the meeting that was open to public comment, many addressed concerns that the escalating levels of Ellis Act evictions and skyrocketing rents were forcing them out of their homes and leaving them with nowhere to go. Many felt that the Ellis Act, a state law that allows landlords to evict tenants so as to get out of the rental business, was being abused by real estate speculators in order to empty buildings so the units could be sold as condos. The legislation approved by the board does not address the Ellis Act. “Giving any more power to real estate developers should be a crime,” stated housing activist Kevin Sniecinski. Earlier in the week, Sniecinski posted on Facebook that he had picked up a recall packet at the Department of Elections and intends to work toward recalling Wiener, who is up for re-election next year. Matthew Denny, a disabled law student, pointed out that in the Tenderloin, where he lives, rents now vary from $1,500-$2,000. The Ten-

When SF Pride CEO Earl Plante declared last month that there would be no more public meetings on Manning before the June 29-30 Pride events, gay Supervisor David Campos publicly asked the board to hold a community forum to hear comments from the public. The raucous event took place May 31 at Metropolitan Community ChurchSan Francisco. Campos attended the three-hour meeting and, after hearing impassioned speakers call Manning a hero

derloin, Denny pointed out, is one of the city’s least expensive neighborhoods. Farrell and Wiener defended their original legislation, which offered TIC owners the onetime lottery bypass but did not include the 10-year conversion moratorium or the other amendments added by Chiu. “TIC owners are not wealthy,” said Farrell. “They are working class people we want to keep in the city. We want to provide security for them and their families. They are already owned by the occupants and are no longer part of the rental stock. I do not understand these objections: no one is being displaced by this legislation.” Wiener acknowledged that there is a housing crisis in the city. While he condemned what he considered the negative rhetoric of housing advocates, he expressed his continued support for rent control, which he said was a matter of record. He also expressed his concern with the current cost of housing in San Francisco. “I’ve lived here for 16 years, and I’ve never seen it as bad as it is,” he said. “It is completely out of control and scary.” Supervisor David Campos termed the situation a “crisis.” “We are not doing enough to address who gets to live in San Francisco,” said Campos. “I’m glad tenants are involved in this issue. We have a crisis. You have to address it as a crisis.” Housing activist Tommi Avicolli Mecca, who campaigned heavily for the changes to the law, praised the passage of the amended legislation. “It addresses the speculation that drives the epidemic of evictions we’re seeing in the city right now,” he said. “While it won’t stop the speculations and evictions completely, it will save many people from losing their homes.” The legislation will have its second and final vote next week.t

and demand SF Pride reinstate him as a grand marshal, he asked the board to “reconsider” and look at other options for honoring Manning. The options included reinstating Manning as a community grand marshal, letting the Bradley Manning contingent march at the beginning of the Pride parade, or honoring Manning in some other way. SF Pride agreed to consider the options and announce the decision within See page 12 >>

doctors and nurses had said “he was in a good mood and in a good place,” Hanifin said, but “they lost him.” “I’ve never seen doctors cry,” she said. “They were pretty upset. We’re all devastated.” Another person who was close to Rodriguez also remembered his “stubborn” nature. Ladislado Alvarado, 34, of San Francisco, a friend of Rodriguez’s for several years and a former Q Bar bartender, called Rodriguez “a very funny guy.” “He was the sweetest guy I’ve probably ever known,” Alvarado said. However, Rodriguez was “very strong-willed,” Alvarado said. “He always did what he wanted to do, and he didn’t let anybody tell him any other way. He was very stubborn.” Alvarado said he’d known “a little bit” about what was going on with his friend, who had seemed

“completely fine” six months ago, but “he compartmentalized a lot of his friends and a lot of his life.” Like others, local photographer Steven Underhill also recalled Rodriguez fondly. “He was very, very sweet,” Underhill said. He said Rodriguez went to QBar “religiously,” especially around happy hour. In a Facebook message, Rebecca Prozan, community relations director for San Francisco District Attorney’s office, remembered QBar “was his place,” and said Rodriguez “was a great, great guy.”t

On the web Online content this week includes the Bay Area Reporter’s online column, Political Notes; and the Out in the World column. www.ebar. com.

<< Community News

10 • Bay Area Reporter • June 13-19, 2013

ebar.com

Political Notebook

From page 7

for use by states in the Centers for Disease Control and Prevention’s Behavioral Risk Factor Surveillance System, said Sebelius. With national data on the health issues LGBT people are facing, the hope is it will lead to more resources being allocated to local health departments and community-based groups working with LGBT patients. “The whole health care field is being driven by data collection at the moment,” said Ambrunn, adding that it “absolutely” hurts the LGBT community if it is not being counted.

Some LGBT data already exists

Last fall the city’s LGBT aging task force asked the San Francisco Human Services Agency to look into what LGBT data collection, primarily focused on LGBT seniors, is currently taking place in the city. The November report, created by Diana Jensen in the agency’s planning unit, found that “multiple programs” at the Department of Public Health and the Human Services Agency could not provide summaries of LGBT senior utilization of services, “either because LGBT status was not included at intake or because those questions are not reliably asked.” The review of local data did find

several examples of surveys and city departments that had collected LGBT demographic information in the past. The report noted that the city’s Department of Aging and Adult Services includes questions about sexual orientation and transgender status in its GetCare database. Yet many respondents did not provide enough information to confirm their LGBT status. What is known is that the city estimates there are at least 19,200 LGBT seniors living in San Francisco. The city controller’s office included questions about sexual orientation and gender identity on numerous San Francisco City Surveys it conducted in the past. Of the nearly 30,000 respondents to the survey since 1996, 14 percent identified as LGBT. Between 1996 and 2004, and then biennially from 2005 to 2011, the random sample of city residents asked about their sexual orientation. The surveys between 1996 and 2001, and again in 2003, included transgender as an option. The health department’s HIV/ AIDS Statistics and Epidemiology section periodically issues estimates about the number of gay and bisexual men living in the city based on a statistical analysis its epidemiologists conduct. In 2008 it estimated that the population of gay men and women in San Fran-

cisco was 84,880. The 2010 census did include information about same-sex households, and in San Francisco, it counted 7,600 male couples and 2,700 female couples. Ironically, the San Francisco Unified School District probably has the most accurate information on a subset of the city’s LGBT community: public school students. For years it has asked youth about their sexual orientation on annual surveys it conducts. It recently added a question about gender identity, but doing so took some negotiating with officials from the Centers for Disease Control and Prevention who oversee the Youth Risk Behavior Survey. Roughly 3,805 students self-identified as LGBT on the 2011 survey. “We are the only school district to ask the transgender question,” said Kevin Gogin, the program manager for the district’s school health programs. “We need other cities to ask the question.” School board member Sandra Fewer, whose son is gay and now in college, hopes the data leads the CDC to fund programs for LGBT youth. She suspects there are “many more” LGBT students than the surveys are finding. “As we open doors to make it safe to come out, we will have more students come out,” she said.t

Hearing held on DOJ nominee by Lisa Keen

penly gay Department of Justice nominee Stuart Delery went into this week’s confirmation hearing with at least one big endorsement: Republican former Solicitor General Paul Clement. Clement is the attorney for the Republican House Bipartisan Legal Advisory Group to defend the

DOJ nominee Stuart Delery

Defense of Marriage Act. He signed onto a letter with 15 other former government officials expressing their “strong support” for Delery’s confirmation to serve as assistant attorney general in charge of the Department of Justice Civil Division. Delery has been acting assistant AG of the division since February 2012. President Barack Obama nominated him in March to become permanent head of the division. The Senate Judiciary Committee held a confirmation hearing June 11 for Delery, coupling it with the con-

News Briefs

From page 6

ally paid down and then AEF and Open Hand began receiving royalty checks. The advent of iTunes had resulted in new generations of fans for his music. His hits have also been used in films and television over the years, providing a steady stream of revenue. Now, a new album of Sylvester’s hits is being released, and purchasing the music directly helps the two organizations, noted Mike Smith, executive director of AEF. The album can be pre-ordered on iTunes or Amazon.

Nominations sought for SF HRC Hero Awards

The San Francisco Human Rights Commission will commemorate the 50th anniversary of the March on Washington for Jobs and Freedom

firmation hearing of a more controversial nominee, Todd Jones. Obama nominated Jones to serve as director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Ranking Committee minority leader Senator Chuck Grassley of Iowa has expressed concern about Jones’s responsiveness as interim ATF director in relation to the “Fast and Furious” gun sting operation. All but one question at the June 11 hearing was directed to Jones. If confirmed, Delery will formally take over the position most recently held by Tony West. Coming just days before the historic marriage oral arguments in the U.S. Supreme Court, Delery’s nomination March 21 received little notice. But it was a significant nomination, especially for the LGBT community. If confirmed by the Senate, it will make Delery, 45, the highestranking openly LGBT appointee at the DOJ and one of the highest ranking among the estimated 268 openly LGBT people whom Obama has nominated or appointed since entering the White House in 2009. In his brief opening statement, Delery introduced his family, including his partner, Richard Gervase, and their two sons. A longer version of this story is online.t

by recognizing the contributions of courageous individuals and organizations who embody the spirit of the march with this year’s Hero Awards. Nominations are now being accepted and he awards will recognize honorees in three categories: economic equity that has helped ensure that everyone in San Francisco has access to high quality schools, housing stability, and living wage jobs; students who have demonstrated a commitment to human rights issues; and individuals whose contributions have enhanced quality of life for their respective communities. Applications and nomination forms will be accepted until 5 p.m. July 31, and will then be reviewed by a selection committee. Submission instructions and eligibility information can be found on the applications, http://www.sf-hrc.org. For more information, contact Zoe Polk at zoe.polk@sfgov.org.t

Community News>>

June 13-19, 2013 â&#x20AC;˘ Bay Area Reporter â&#x20AC;˘ 11

New website caters to bi Latinos by Heather Cassell

million over five years to 34 community-based organizations to expand HIV prevention services for young gay and bisexual men of color and their partners. The CDC gave a $10 million boost in funding for community organizations focused on HIV prevention among Latino populations, according to the CDC website. A majority of the studies were conducted on the East Coast and in the Midwest, where populations of migrant Latinos are emerging, in spite of the fact that a majority of Latinos live on the West Coast, noted Eduardo Morales, Ph.D., executive director of Aguilas, a San Francisco-based LGBT Latino organization. In spite of the geography difference, researchers found that the hundreds of Latino bisexual men who were studied faced similar obstacles to expressing their sexuality and risks for acquiring HIV and other sexually transmitted infections. Furthermore, because their relationships with men are often secret, they put their female or transgender partners at risk. A majority of the Latino bisexual men in the studies were in their 30s and many of them were born in the U.S. or new to the U.S.

he Latino BiCultural Project, a new website specifically for bisexual Latino men, seeks to demystify bisexuality in the Hispanic community. For years the Centers for Disease Control and Prevention statistics indicate that Latino gay and bisexual men have been a high-risk community for acquiring HIV and having high rates of AIDS-related deaths. According to the CDC, Latino men who have sex with men accounted for 81 percent of new HIV infections among all Latino men and 20 percent among all Latino gay Researcher Miguel and bisexual men. Younger bisexual Munoz-Laboy and gay Latino men, those under 30 years old, accounted for 45 percent of new HIV infections in 2009, the lar to findings in a number of studmost recent information available. ies focused on bisexual Latino men HIV was the fourth leading cause conducted by a handful of researchof death among Latinos aged 35-44 ers that have been published within and the sixth leading cause of death the past year. Many of the studies are among Latinos aged 25-34 in the also funded by the NIH. U.S. at the end of 2008, according to After a decade of going through the CDC. the competitive process of obtainTo combat the high transmising funding and doing research sion rate of HIV and AIDS-related experts are emerging with a better deaths among bisexual Latino men, understanding and publishing their Miguel Munoz-Laboy, a 38-year-old findings about bisexual men. straight researcher who has a docIn 2011, the CDC awarded $55 torate in public health and focuses on sexuality, gender dynamics, urban cultures, and health risk behavior, created the Latino BiCultural Project. He hopes the information on the website will eventually reduce the rate of HIV/AIDS among bisexual Latino men. His strategy is not to focus on HIV prevention messages, but to break down findings from his fouryear study of bisexual Latino men in the New York area. The study, looking at relationships and sexual behaviors, was funded by the National Institutes of Health. Munoz-Laboy wants to turn the findings into digestible information and make it widely accessible for health care providers and the public through the website. The website is funded by the Eunice Kennedy Shriver National Institute of Child Health and Human Development. â&#x20AC;&#x153;We are trying to take a comprehensive approach that these men are more than sexual entities, that they are human beings where family matters, religion matters to them, money and love and all these things,â&#x20AC;? said Munoz-Laboy. A $2.1 million NIH grant supports four projects Munoz-Laboy is currently working on. He is also working on several other projects funded by the NIH, according to Susan Newcomer, a NIH program officer who is familiar with his projects. While the website isnâ&#x20AC;&#x2122;t directly related to his HIV prevention research, Munoz-Laboy found through his studies that most of the men used the Internet to communicate, get information, and find sexual partners outside of their main relationships. With that knowledge, he decided the best way to interact with the men was virtually through William J. Hanna, Psy.D., William J. Hanna, Psy.D., Clinical Director William J. Hanna, Psy.D., Clinical Director an interactive, multimedia, bilingual Clinical Director William J. Hanna, Psy.D., Clinical Director I believe in the Strengths Perspective, which is website. I believe in the Strengths Perspective, which is a way of perceiving people in their struggles a way of perceiving people in their struggles He also found that a holistic apin the Strengths Perspective, which is I believe Strengths Perspective, which to rise above difficultI believe circumstances. Here,in at the to rise above difficult circumstances. Here, at a way of perceiving people in their struggles proach might be better than target-we place emphasis Reflections, bolstering is aonway of perceiving people inemphasis their on strugReflections, we place bolstering to rise above difficult circumstances. Here, at client self-efficacy; and mobilizing clientsâ&#x20AC;&#x2122; ing the menâ&#x20AC;&#x2122;s sexual behaviors and self-efficacy; and mobilizing clientsâ&#x20AC;&#x2122; gles to rise aboveclient difficult circumstances. Reflections, place emphasis on own bolstering own strengths support we systems, strengths and social support systems, relying solely on traditional pre- and social Here, atDirector Reflections, we place emphasis on William J. Hanna, in promoting Psy.D., rehabilitation and recovery clientClinical self-efficacy; and mobilizinginclientsâ&#x20AC;&#x2122; promoting rehabilitation and recovery ventative information to reduce the and sustenance. bolstering client self-efficacy; and mobilizmaintenance own strengths and social support systems, maintenance and sustenance. spread of HIV. ing clientsâ&#x20AC;&#x2122; own & social support in promoting rehabilitation andstrengths recovery

Yet, the same obstacles and stressors Latino bisexual men faced appeared in each of the studies no matter what angle the researchers were examining: family relationships, economic hardship and level of education, and expression of masculinity and heterosexuality. Oftentimes managing these stresses and their attraction to both sexes translated into risky sexual encounters and substance abuse. Compounding the issue is that culturally appropriate mental and sexual health information isnâ&#x20AC;&#x2122;t reaching these men, who often donâ&#x20AC;&#x2122;t identify as bisexual, but as heterosexual, said experts. The emotional and social isolation has been reflected in the CDC HIV/AIDS and sexually transmitted infection statistics of gay and bisexual Latino men for years. Bisexual Latino men echoed each other in study after study. Articles being published in academic journals echo what Brian M. Dodge, Ph.D., 39, associate professor at the School of Public Health-Bloomington at Indiana University, said he continues to hear over and over again from bisexual men. Bisexual men, no matter their ethnic or national background, repeatedly told researchers that they

feel like they donâ&#x20AC;&#x2122;t have a â&#x20AC;&#x153;community,â&#x20AC;? experience â&#x20AC;&#x153;acculturation issues,â&#x20AC;? express that â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;m the only one,â&#x20AC;? that they â&#x20AC;&#x153;donâ&#x20AC;&#x2122;t know any other men,â&#x20AC;? and they arenâ&#x20AC;&#x2122;t able to â&#x20AC;&#x153;talk about it with gay friends,â&#x20AC;? or straight friends, and feel rejected from both gay and straight communities, said Dodge. Like Munoz-Laboy, who he has worked with, Dodge, who declined to identify his sexual orientation, specializes in transmission of HIV/ AIDS and STIs with a focus on bisexuality. â&#x20AC;&#x153;There is just more need for finding ways to bringing guys together to let them know that they are not alone, to share stories, resources, and coping strategies,â&#x20AC;? said Dodge. â&#x20AC;&#x153;Hopefully ... we can start getting men linked to [the website], so that they can at least, as a first step, see that they are not alone and that there are other men like them,â&#x20AC;? he added. â&#x20AC;&#x153;Hopefully, they can start sharing their own information.â&#x20AC;?

A virtual community

Currently, the website only provides information about bisexual menâ&#x20AC;&#x2122;s family, gender and masculinity, mental and sexual health, socioeconomics and substance abuse, See page 16 >>

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<< Community News

12 • Bay Area Reporter • June 13-19, 2013

Pride revamps membership process by James Patterson

eople who have tried to become a member of the San Francisco LGBT Pride Celebration Committee have raised questions about the process, citing delays and a change in the online application that makes it more cumbersome. Some who have become members joined so that they can have a voice and a vote at the Pride Committee’s annual general meeting in September and because of their dissatisfaction with the board’s handling of the Bradley Manning controversy. Members of San Francisco Pride receive voting rights 60 days after their application is accepted. Members vote on candidates for the board, the Pride theme, and community grand marshals, according to Pride’s website. In response to community complaints about the Pride Committee’s slow processing of new membership applications, CEO Earl Plante said that staff was “diligently working” to catch up with applications and that “technical difficulties” during a recent transition have been addressed. The online application process has been changed to “streamline [it] overall,” he said. At a recent community forum at Metropolitan Community ChurchSan Francisco – held to discuss the board’s retraction of Manning’s grand marshal honor – some speakers expressed their frustration to Plante about the Pride Committee’s handling of new membership applications. Plante agreed to look into the matter. According to an email from Plante, he has reviewed membership processing issues and his staff is “working diligently to get caught

Rick Gerharter

SF Pride Committee CEO Earl Plante

up on registrations.” “Any new membership requests are entered in as timely a manner as possible – within the average – a one-two day period,” Plante said. Plante also said the Pride Committee does not have a membership director. “We have an administrative assistant,” he said, “who is inputting membership presently.” Retired San Francisco resident Herschel Dosier, who attended the community forum, asked Plante about his new membership application. He said Plante told him membership application processing was slow because the Pride Committee had only two volunteers working on them. Another issue raised by community members involved e-packets for new Pride members. Plante provided the Bay Area Reporter with an email response from his unnamed admin-

istrative assistant on e-packets. “If the prospective members did not receive their packet it could be because they didn’t provide an email, in which case I sent the packet through snail mail.”

Change in process

The application process itself is also an issue with some community members. At present, the application is a PDF that one must print, sign, date, and return. San Francisco Pride’s website asks applicants to “Fill out the application and send it to the San Francisco Pride office at 1841 Market Street, San Francisco, CA 94103.”

Manning

From page 9

seven days. The Pride board’s decision was expected to come after 5 p.m. last Friday. A group of about 30, including Campos and gay Assemblyman Tom Ammiano (D-San Francisco), gathered outside SF Pride offices on Market Street to react to the decision, which came after most had left. At 6 p.m. with no decision from SF Pride, Joey Cain, a former grand marshal and Pride board president, took the microphone to tell the crowd, “SF Pride had shown its contempt for the community” by not announcing their decision by the end of the day, as it had pledged. In brief remarks, Ammiano said the issue was about a movement and the LGBT community “was not a moderate caucus of a club.” He said grand marshals “are a part of the expression of who we are.” Campos said he was motivated to get involved in the issue because the decision on grand marshals needed to be “an open and inclusive process.” San Francisco Pride’s response

Hate crime

From page 1

did occur,” Hite said. The other man got away and apparently hasn’t been arrested, he said. Hite wouldn’t provide more details on how the victim assaulted Olarte or how exactly Olarte defended himself. However, he said, “I do not believe my client randomly attacked” the victim based on gender identity or sexual orientation, although “I think there may have been inappropriate statements made” to him. He said it was unclear whether both the men said something inappropriate, but he said, “Apparently [Olarte] only said one word, at least according to the police report.” Hite disagreed with the hate crime allegations. In an email, he said, “When you’re dealing with hate crime charges, the assaultive behavior has to be motivated by hate in order to be a hate crime.”

Applications may also be faxed to (415) 864-5889, according to Plante. “This is a new membership form and it was only introduced in the last three weeks or so,” former Pride board president Joey Cain said in an email. The previous method for completing and submitting an application “was an online form,” Cain said. “As far as I know there was no announcement to the community that the form was changed.” Cain, who has been critical of the Pride board’s actions regarding Manning, has his suspicions about why the membership process was suddenly changed from an online form to a printable PDF. The change took place, Cain said, “in the middle of the Manning controversy when we were organizing people to sign up as members of Pride.” “I think it was done to make the process harder in order to try and discourage people from becoming members,” Cain said. There is anecdotal evidence that not all the initial online members are being recognized. Jason Victor Serinus, a freelancer for the B.A.R.’s arts section, called Tuesday to report that he completed an online application before the process was changed to PDF. He had just called the Pride office, he said, and was told that there is no record of his membership. Serinus said that he will send in the printable form and make a pa-

per trail by scanning the form and the envelope. He said that he was inspired to become a member as a result of Pride’s handling of the Manning matter. “This whole thing of making it more difficult to become a member is so reminiscent of the Republican Party making it harder for people to register to vote,” Serinus told the B.A.R. Plante did not directly answer a question about whether the Pride Committee has received a recent influx of new members. He did say that the online process was adjusted to PDF to “streamline [it] overall.” The Pride Committee’s bylaws call for an annual general meeting. “Our next annual general meeting will be in September and an agenda will be forthcoming,” Plante said. Pride’s website states the meeting is scheduled for September 15. People now applying for membership in San Francisco Pride will find they must do so again in November. The bylaws state, “Any member who has joined at any time in the preceding year will be subject to renewal on November 12 notwithstanding the fact that they may have just recently joined.” About renewing membership, Plante said, “Most members renew at the annual general meeting in September, but have until the November [12] deadline as that [is] when we close that year’s records of date at our November members planning meeting.”t

to the Manning controversy was “a classic in how not to deal with a crisis,” he said. “They are their own worst enemy,” Campos said of San Francisco Pride. Rainey Reitman, 31 and a cofounder of the Bradley Manning Support Network, shared with the crowd some of her observations from attending the first days of Manning’s court-martial in Maryland. Reitman, who identifies as queer, said only 16 seats in the courtroom had been set aside for the public. “Of 350 press passes, only 70 were granted,” she said. She said the government allowed no audio or visual coverage and provided no transcripts of the proceedings in concern, she said, that Manning’s testimony, if heard, would “strike our hearts.” Sue Englander of Harvey Milk LGBT Democratic Club compared Manning to gay civil rights pioneer Bayard Rustin and to the Reverend Dr. Martin Luther King Jr. She said the Pride board needed to understand “struggle is still a part of the LGBT community.”

After the speeches, the crowd lingered in hopes of an announcement. Someone telephoned the Pride office and let the recorded message play to the crowd over loud speakers. The crowd laughed and applauded when they heard the message, “Mailbox is full.” Adding a bit of drama to the Manning controversy, Anonymous, described by Google executives Eric Schmidt and Jared Cohen in their book The New Digital Age as a “hacking collective,” issued an ominous 1,700-word statement that was shared on the Bay Area Reporter’s Facebook page aimed at Pride board President Lisa Williams, complete with a video that uses voice distortion technology to read the statement to Williams. Anonymous ended its statement to Williams with: “Lisa L Williams you have been warned. We are anonymous. We are legion. We do not forgive. We do not forget. Lisa L Williams it is too late to expect us, we are already here.” Requests for comments from Williams were not returned at press time.t

In the interview, he said, “I don’t think the assaultive behavior initiated with my client.” He also said that the “verbal statement” isn’t outlawed, “because then you would be criminalizing free speech.” Asked about the victim assaulting Olarte, Hwang said, “I think that’s their defense,” but “you can’t see that on the video.” The allegations aren’t the only thing Hite has trouble with. “Right now I have serious concerns” with the interview inspectors conducted with Olarte after his arrest, he said. “Most of it was in English, while he is Spanish-speaking,” Hite said. Olarte tried to respond in English, but “I don’t believe his English is good enough to be clear and concise in explaining himself in an interrogation setting,” he said. Hite wasn’t certain whether Olarte had requested an interpreter.

He said that often, “from a cultural standpoint,” if a client “can speak some English, they won’t necessarily request one, because they think it’s an inconvenience.” After the inspectors weren’t able to obtain a confession or statement from Olarte in the first interview, Hwang sent investigators to speak with him again, Hite said . “I have concerns with that, when you go back and send investigators in after they already spoke with an individual,” he said. A Spanish interpreter was present for the second interview, he said. In the second session, “I don’t think he confesses to a crime, so it’s not really a confession,” Hite said. “He gives a statement that can be construed for either side.” He declined to elaborate. Hwang declined to say whether a Spanish interpreter had been at Olarte’s first interview. Asked about him See page 15 >>

<< Same-Sex Marriage

14 • Bay Area Reporter • June 13-19, 2013

DOMA case could bring pro-gay tax rules by Matthew S. Bajko

ame-sex couples across the country could benefit at tax time should the U.S. Supreme Court allow the federal government to recognize their marriages and other legal unions. The court is expected to rule this month on whether Section 3 of the federal Defense of Marriage Act is unconstitutional. That portion of the anti-gay law passed by Congress and signed by former President Bill Clinton bars federal agencies from granting numerous rights heterosexual married couples receive to those same-sex couples in state sanctioned marriages, as well as domestic partnerships or civil unions. This prohibition is particularly felt during tax season, as legally coupled same-sex partners cannot file joint tax returns with the Internal Revenue Service, causing some couples to pay higher taxes. They are also fiscally dinged tax-wise if one spouse’s employer covers the health care for the other spouse, as the IRS considers those medical benefits as taxable income. Some employers have increased the pay of their LGBT employees to

offset the increased federal taxes on their benefits, but the higher income triggers additional taxes owed to the state. (San Francisco instituted a law this year to gross up the pay of LGBT city workers impacted by the unfair tax rules while legislation is pending in Sacramento not to have the state view the benefits as taxable.) “The Defense of Marriage Act imposes undue and unequal tax burdens on married same-sex couples and their children, and this decision would be a significant advancement in remedying the economic inequity

facing these families,” Andrew Cray, a policy analyst on the LGBT Research and Communications Project with the Center for American Progress, told the Bay Area Reporter. Several years ago the IRS did implement a rule covering those samesex couples living in states with community property laws, such as California, in order to try to provide some equitable treatment to LGBT households. The IRS required the couples to divide their income from wages as well as from a business or real estate holdings they co-owned

equally among themselves and then file separate returns. Rather than being a simple solution, the rule change resulted in overly complicated tax preparation procedures for many same-sex couples. It was so confusing that the online tax preparer TurboTax no longer was equipped to handle the tax returns for those couples impacted by the rule change. Many found out that splitting their community property resulted in their need to start seeing professional tax preparers rather than do their taxes themselves. Those who had been using accountants saw increased fees as now it took creating three different federal returns and one for California couples, as the state allows same-sex couples to file jointly for state tax purposes, to figure out if they owed additional federal taxes or were due refunds. In some instances, couples who had been filing separate federal tax returns and received refunds now owed thousands of dollars in unpaid taxes once a portion of their spouses’ pay was added to their income. Many of these unfair taxation issues would disappear, predict LGBT

advocates, due to a ruling by the U.S. Supreme Court striking down Section 3 of DOMA. “It is expected that following the decision, the IRS will instruct married same-sex couples to file their taxes as ‘married’ rather than as ‘individual’ or ‘head of household.’ This brings with it two significant benefits,” Cray wrote in an emailed response to questions. The first, explained Cray, is that complications that have faced samesex couples around the process of filing taxes, claiming children, or claiming various deductions “may be reduced or eliminated through the ability to file a joint return.” Second, if married same-sex couples are able to file jointly, they could owe less taxes, added Cray, because “their income tax levels will be calculated appropriately based on their household income, rather than being treated differently from other married couples, and potentially resulting in a greater tax payment than for other couples.” On a recent conference call to discuss the possible outcomes of the case, known as U.S. v. Windsor, Nicole M. Pearl, a Los Angeles-based See page 15 >>

Actions planned for day of Prop 8 decision by Matthew S. Bajko

GBT activists plan to either party in the streets or mobilize protests on the day the U.S. Supreme Court issues its ruling in the Proposition 8 case. This month the court is expected to rule on the lawsuit known as Hollingsworth v. Perry. It is possible that

the justices will overturn Prop 8, California’s anti-gay constitutional amendment against same-sex marriage that voters adopted in 2008. It is also expected to decide in a federal case known as U.S. v. Windsor that could see Section 3 of the Defense of Marriage Act struck down. Such a ruling would allow the federal government to recognize

same-sex marriages sanctioned at the state level. The court normally issues its rulings at 7 a.m. Pacific time Mondays and Thursdays. It is unclear if it will announce the Prop 8 and DOMA decisions at once or on different days. “I think it is highly likely the decisions will come out on the same

day because they were argued one after the other on two days and the issues are related,” said John Lewis, on organizer with Marriage Equality USA. “I think everybody is anticipating for it to come out on the same day and all the planning going on is for one big event.” When it does release its decision in the Prop 8 case, rallies are planned to occur that evening in both San Francisco and San Jose. In San Francisco a group of volunteers known as the Day of Decision Committee is planning for a party, hopefully, in the heart of the gay Castro district. Police are expected to shut down the 400 and 500 blocks of Castro Street from 5:30 to 9 p.m. for the event. Drivers are being warned to avoid parking on Castro Street the evening of the decision; cars will not be towed but vehicles could be stuck there until after the event ends. Should Prop 8 be struck down then the plan is to have sound trucks with DJs playing music and speeches by community leaders. Similar events have been held in the past to either celebrate or protest court decisions. “When something major happens in the LGBT civil rights movement what you do is go to Castro and

Market to be there with the community win or lose,” noted Lewis, who recalled attending an event there in 1986 to protest the Supreme Court’s Bowers v. Hardwick decision upholding anti-gay sodomy laws and again in 2003 when the court reversed that decision in its ruling in the Lawrence v. Texas case. If the court finds Prop 8 to be valid, then the idea would be for people to still gather in the Castro and then march to a different location, likely the federal courthouse in the Civic Center. But organizers behind the Day of Decision event are not planning for the need to march. The grassroots groups Marriage Equality USA and GetEqual have been spearheading the planning for the celebration along with organizers of the March4Equality event that occurred the night before the Prop 8 hearing before the Supreme Court back in March. In the South Bay activists will gather at 6 p.m. at San Jose City Hall, 200 East Santa Clara Street. For updates follow the Facebook page Hearts on Silicon Valley at https:// www.facebook.com/heartsonsv. For a complete list of Day of Decision plans around the state and country, visit http://www.lighttojustice.org/.t

Rick Gerharter

Over a thousand people turned out for a candlelight vigil on the steps of City Hall on November 5, 2008 following the passage of Proposition 8. Marriage equality supporters are hoping for a victory celebration in the Castro after the Supreme Court issues its ruling this month.

Same-Sex Marriage>>

June 13-19, 2013 • Bay Area Reporter • 15

SF ready to resume same-sex marriages by Matthew S. Bajko

from the U.S. Supreme Court either Monday, June 24 or Thursday, June 27. The court normally issues its rulings on those days at 7 a.m. Pacific time. “We are hopeful the decision is in favor of same-sex marriage,” said Chu, formerly the city’s District 4 supervisor. Once the court issues its ruling, the California Department of Public Health Vital Records office will work with Governor Jerry Brown’s office and the California Health and Human Services Agency to review the decision and issue guidance to

local county clerks and recorders on when to start marrying same-sex couples. “The timeframe for implementation will be dependent upon how the court rules,” stated Matt Conens, a spokesman with the state health department. In March the court heard arguments in the lawsuit known as Hollingsworth v. Perry on the validity of Proposition 8, California’s anti-gay constitutional amendment against same-sex marriage that voters adopted five years ago. It is widely expected that the justices will overturn

Prop 8, though opinions vary on how they will reach such a decision. It is also expected that it will take some time before state officials can implement a ruling striking down Prop 8. There is a 30-day window for Prop 8’s proponents to petition the court to rehear the matter, though such petitions are rarely granted. And, as the Bay Area Reporter noted in a story last week, there could also be new litigation in state court over how to implement either the federal district court’s decision or the appellate court’s ruling against Prop 8 depending on how the Supreme Court decides. “Obviously, we are going to be prepared to do whatever we can to assure marriages happen as quickly as possible,” City Attorney Dennis Herrera, whose office helped litigate the case, told the B.A.R. in a recent interview. In the meantime the mayor’s office, the county clerk, city administrator’s office, the sheriff ’s department, city attorney’s office and the assessor’s office have been meeting to coordinate the city’s plans for the first day that the weddings can occur. It will be similar to the procedures put in place five years ago when the first same-sex weddings began on June 17 following the state Supreme Court’s decision striking

controversies, not the court. For Section 3 of DOMA, the court could rule on the merits of part of the federal law’s constitutionality or it could find some procedural issue that precludes a ruling on merits. If there’s no ruling on the merits, the court could allow the 2nd U.S. Circuit Court of Appeals decision against Section 3 to stand. But it’s hard to imagine the court would be comfortable with allowing Section 3 of

DOMA to be enforced in some parts of the country (where federal courts have struck it down) and not others. It’s the Supreme Court’s job, after all, to step in where there’s a conflict among the circuits and states. And if the court doesn’t rule on U.S. v. Windsor, it will almost certainly accept another DOMA case in which to examine the law’s constitutionality. Even if the court sticks to the more limited actions, the result would be a major leap forward for marriage equality. In the Prop 8 case, just add-

ing California to the list of states with marriage equality pushes to 30 percent the nation’s population that would be living in marriage equality states – a huge jump from the 18 percent who live in such states now. Whatever the Supreme Court does, it will do it sometime between Thursday (June 13), and June 27, the likely last day of the session. (The court’s public information office says the last official day has not yet been decided.) And many believe the results will represent among the most impor-

tant civil rights decisions in Supreme Court history. They most certainly will be among the most important in LGBT history. “I’m hopeful the Supreme Court will do the right thing,” said Evan Wolfson, head of the national group Freedom to Marry. “And clearly, the right answer under the Constitution, and for the good of same-sex couples and our country, is to end the denial of freedom to marry nationwide and assure that all marriages are respected equally.”t

financial situation, but there is no duty to amend the returns.” Pearl recommended that all same-sex couples, either married or in registered domestic partnerships, speak to their accountants or other advisers to determine if amending their returns would make sense for them. Those who are not married, for whatever reason, should also ask themselves if they are now interested in marrying, she added. “Maybe some couples haven’t even thought about that and couples who have registered as domestic partners in states that allow that or entered into civil unions are probably going to want to obtain a formal marriage license because even if the Supreme Court goes all the way and says that it’s unconstitutional to deny same-sex couples the right to marry, that doesn’t necessarily convert every existing

domestic partnership or civil union into a valid legal marriage,” said Pearl. The Windsor case specifically had to do with the issue of estate taxes. When Edith Windsor’s wife, Thea Spyer, died the IRS would not allow Windsor to take the routine marital estate tax deduction that allows for heterosexual married widows to delay paying the tax until after they die. Instead, the agency demanded that Windsor pay more than $360,000 in taxes on the estate she shared with her spouse. If the court rules favorably in the case, then Pearl recommends that same-sex couples review and possibly amend their estate plans to ensure they qualify for all of the available tax exemptions. She pointed out that since samesex couples did not qualify for the federal marital deduction and were

not focused on delaying the taxes owed until the death of the second partner, “estate planners for samesex couples were focusing instead on making sure that there’s no double tax so that assets aren’t taxed once when the first spouse passes away and then again at the second death.” Couples may also want “to relook at any premarital cohabitation or domestic partnership agreement,” added Pearl, “because most of those were probably drafted at a time that we didn’t know what the income tax effect of divorce would have on same-sex marriages.” A decision against DOMA would likely take effect immediately, said Pearl, though she predicted the IRS would need some time to issue new regulations to deal with the tax implications of such a ruling. Cray predicted that any guid-

ance from the IRS would come before the deadline for filing 2013 taxes next April. He advised samesex couples thinking about getting married, particularly if the court also strikes down California’s voter-approved ban against same-sex marriage in a separate case it will decide, to wait to see what the IRS’s response to the DOMA ruling is and to seek personalized advice on their tax filings. “While federal taxes should not be a barrier to entering into a marriage or expressing commitment and love, marriage may bring with it some changes to what the couple will owe in taxes,” he noted. “Every couple’s financial situation is unique, and identifying the best steps to take for these couples and their families will require an individualized assessment of their income and economic situation.”t

time at trial, if this case goes to trial, which it probably won’t.” In court last week, Wiley set Olarte’s bail at $50,000, and he’s out of custody. His next court date is June 18 for a prehearing conference.

to the hearing to inquire if the unit would send a representative to the hearing and still he didn’t know if it would until the day of the public forum. “The problem I have with the hate crimes unit is it hasn’t been, in my view, been engaged. It needs to be engaged at the level it needs to be engaged,” said Campos, who questioned when the last time the unit had done “meaningful outreach” to the transgender community. Under questioning from Campos at the hearing, police Lieutenant Teresa Gracie acknowledged that the unit has not proactively reached out or worked with transgender agencies such as El/La Para Translatinas, an organization based in the Mission. Gra-

cie, an out lesbian, said the unit has done a lot of listening to the concerns raised about transphobic violence throughout the city. “We are trying to listen and also make ourselves available to the community,” said Gracie. There is a critical need for the unit to do outreach to trans women, particularly those who do not speak English or are undocumented, said Campos. “I don’t think enough has been done to connect with them and make them feel comfortable coming forward,” he said. “The challenge I have seen is there is no trust from this population and the police department right now. We need to change that.”

Campos did say that he is confident both Suhr and Mission Station Captain Bob Moser are “committed to this issue,” adding, “I really hope the situation changes” with the hate crimes unit. He said he is committed to seeing more resources be allocated to the hate crimes unit to do outreach to the transgender community. Campos also expressed a desire to see a hate crimes unit be set up within the city’s Human Rights Commission, as it currently does not have one. “Augmenting the resources of that agency is critical,” said Campos. “It is not enough for these

hould California be given the goahead to resume same-sex marriages, San Francisco city officials plan to be ready to wed same-sex couples as soon as possible. City leaders have begun coordinating their efforts to prepare for an expected onslaught of LGBT couples that have been waiting since November 2008 to say “I do.” They have been lining up volunteers to serve as wedding officiants and working up contingency plans to ensure for a smooth process on the first day that the weddings can occur. “All of our intention is when we have the go ahead and green light to marry folks to do it as quickly as possible,” said Assessor-Recorder Carmen Chu, who was appointed to the position earlier this year by Mayor Ed Lee due to the vacancy created by the election last fall of Phil Ting to the state Assembly. Just when exactly the same-sex marriages could happen remains in doubt. It could be weeks or months following a favorable court decision for the weddings to resume. Asked when her office expects the marriages to begin, Chu said, “We don’t have any indication yet.” Chu said her office’s expectation is to see a decision on the matter

Supreme Court

From page 1

Court said Yes on 8 did have standing and the 9th Circuit agreed. The 9th Circuit seemed to agree that denying Yes on 8 the right to appeal amounted to giving state officials veto power over voter-approved initiatives, a.k.a. the “democratic process.” And key justices, including Justice Anthony Kennedy, have been publicly vocal about their preference that the democratic process decide hot-button

Tax rules

From page 14

partner at the law firm McDermott Will and Emery LLP with extensive experience in estate and tax planning for gay, lesbian, and unmarried couples, said a decision against DOMA’s Section 3 would be retroactive, meaning that same-sex couples could amend their prior tax returns going back to 2010 to see if they overpaid their federal taxes. “So all same-sex couples that have already married, because they live in states that allow that, can go back and amend prior tax returns for the years that are still open,” said Pearl, the author of The Effect of Same-Sex Marriage Laws on Estate Planning. “This is generally going to be three years, their past three years of returns, and this can be a benefit or a detriment depending on their

Hate crime

From page 12

having Olarte questioned a second time, Hwang said, “Every interview was taped, so eventually it will be up to a judge to decide whether or not the suspect speaks English and understood the questions and his rights.” Hite said, “From what I see,” Olarte “does not have a criminal history.” He said the victim was arrested for allegedly battering a security guard in 2002. Both people were issued misdemeanor citations, he said. The information couldn’t immediately be confirmed. “Something like [the victim’s citation] probably was discharged,” Hite said. “It can still be used most of the

Bill Wilson

San Francisco Assessor-Recorder Carmen Chu

DOMA

Officials address concerns

Violence against the transgender community was at the heart of a May 16 hearing at the Board of Supervisors Neighborhood Services and Safety Committee called for by gay Supervisor David Campos, whose District 9 includes the Mission. During the session, the San Francisco Police Department’s Hate Crimes Unit came under blistering criticism from Campos. He complained that he had to call Police Chief Greg Suhr the day prior

down California’s anti-gay marriage statutes. There will be a one-stop shop for marrying couples set up in the north light court in City Hall where they can pick up a marriage license (it costs $99) and request to be married that day. They can pay an additional $75 to use a city officiant to preside over the wedding ceremony, though there will also be a number of volunteers willing to do it for free. Following the exchange of their vows, the couples then must file their marriage license free of charge with assessor staffers, who will be waiting in the light court, in order for it to be officially recorded. A certified copy will cost $14. City staff is planning to work extended hours that day in order to process all of the couples’ paperwork. The same forms created back in 2008 using non-gender specific language for the spouses will be reused. “For the most part the documents are ready to go,” said Chu, who has been sworn in to officiate marriages and plans to volunteer that day to marry any couple that asks. “We have been preparing internally ... we want to make sure it is as seamless as possible. It will be such a happy day for many folks, we think being ready is an important thing to do.”t

See page 16 >>

<< Community News

16 • Bay Area Reporter • June 13-19, 2013

Patio Cafe

From page 2

city’s former zoning administrator ruled in his favor, and work on the space commenced. Starting in 2008, Natali began searching for a person or group to run the restaurant. Last May, with work on the space completed, he and fellow bar owner Larry Metzger of the Mix began planning the Patio’s re-opening ceremonies. That’s when the latest planning snafu hit and the planning depart-

Castro death

From page 2

Portland, Oregon, cried as he spoke of Cunningham, whom he called “one of my closest friends.” The two had been boyfriends for several years and had remained close. “This is a man who has a million friends,” Gleasner said. He recalled going to parties with Cunningham, where “there’d be 60 people coming,” and Gleasner would “realize these are all Jim’s friends. Four of them are mine.” Cunningham, who had retired from banking a few years ago, “had an extraordinary love of music, all kinds of music, from classical to opera to Daft Punk,” a group known for its electronica music. “If something interested him, he wanted to delve deeply into it,”

Latinos

From page 11

but this is only the first phase of the project and cost $10,000. He estimates that another $25,000 will be needed to create the interactive bilingual multimedia website that he envisions. He plans to raise the money to develop and maintain the site through other grants, he said. He’s also asking for feedback on the website from bisexual Latino men and individuals who might use the site. So far people have responded, he added. The website is not connected to Munoz-Laboy’s work as a professor in the School of Social Work at Temple University in Philadelphia, he said, yet it is being managed by

Hate crime

From page 15

other agencies to have that funding. The HRC plays an important role in what we as a city are doing on this.” District 7 Supervisor Norman Yee, who also took part in the hearing, voiced support for finding additional resources for city departments to address the issue. “It is obvious we have a lot more work to do to protect these residents and citizens,” said Yee. “If the opportunity were to come up for the board to provide more resources, I will be supportive of that.” HRC Executive Director Theresa Sparks, a transgender woman and former police commissioner, did praise the police department’s overall handling of the issue, saying she thought it was “doing a wonderful job.” Sparks pointed to its training about transgender issues for officers as one example. She praised Moser for coming to a meeting the HRC held where transgender women came forward and talked about their experiences. People think transgender women in the Mission “are a throw away and people think they won’t go to the police,” Sparks said. “They have a license to beat them up and do whatever they want because they think nothing will ever come of it.” She noted that the district attorney’s office “has really focused on being able to prosecute transgender

ment concluded that Natali needed to re-apply for permits due to the size of the restaurant increasing between 633 and 733 square feet – the amount is in dispute – and occupancy going from 160 people to 171. In March, Scott Sanchez, the city’s zoning administrator, acknowledged to the B.A.R. that the planning department should not have granted Natali’s 2005 permit request, and instead, should have sought more information about the scope of the project. With the mistake now discovered,

added Sanchez, Natali needed to follow planning procedures before the doors to the Patio could re-open. After initially fighting the city and getting nowhere, Natali relented and applied for the conditional use permit. “Nobody has wanted and nobody wants the Patio Cafe open sooner than I do,” said Natali. “I am trying the best I can to get the Patio Cafe open as soon as possible.” Last weekend he did celebrate seeing a retailer move into the re-

modeled storefront at 541 Castro Street. Natali has offered the space rent-free through the Labor Day weekend to Under One Roof for a summer pop-up store. Called UOR Bizarre Bazaar, it opened Friday, June 7. It marks the return of the nonprofit, which raises money for AIDS agencies through merchandise sales, to the Castro after closing its former location in January. Since April Under One Roof has operated a store in the Crocker Galleria in downtown San Fran-

Gleasner said. Bob Hermann, who declined to share his age, was another friend of Cunningham’s. Hermann remembered Cunningham’s “ebullient smile,” and his fondness for music and Egyptian art. Cunningham was “an all-around great guy” who was “always trying to help the underling,” Hermann said. “We need more of that in the world,” he added. “It’s just sad his life abruptly came to an end.” He said Cunningham was “too young to die.” Warnke asks anyone who saw anything suspicious the night of Cunningham’s injury or has any other information that could assist police to call him at (415) 553-9249. The case number is 130 466 875. Police said that they’ve noted a

slight increase of incidents on Hartford Street. “We have noticed over the last couple of months there has been a very small uptick of incidents that have occurred on Hartford,” Lieutenant Chuck Limbert, the SFPD’s Mission Station LGBT liaison, said in an interview last week. He said that community groups have formed a watch program. Limbert told members of the Merchants of Upper Market and Castro at the group’s June 6 meeting that Hartford Street, which is dimly lit, “has been a problem for us in the past.” He said last week that there’s “an increased amount of police presence” that includes marked and plainclothes officers “several days a week” in a four-block radius of the Castro, from 10 p.m. to 3:30 a.m.

The number one issue is people transporting drugs to the Castro, Limbert told the merchants group. “They are not people from the LGBT community,” he said. “We’ve been doing a significant amount of enforcement in the area, which has led to some very good arrests,” Limbert said in an interview. Those incidents include an undercover officer witnessing a car-break in, taking people in who have outstanding warrants, and some narcotics enforcement “at a residence very close to the Castro.” People in the neighborhood have been helpful by dialing 911 and “being our eyes and ears,” Limbert said. He also said that security staff at local bars have been using a phonemessaging tree to alert each other of incidents and possible suspects as they occur.

an associate he works with and a student at the university. Nicolette Severson, a research scientist who works closely with Munoz-Laboy at Temple University, is spearheading the production of the website, he said. The content is being broken down for the public by Shauna Banna, the multimedia content designer of the Latino BiCultural Project, who is also a journalism student at Temple University. Since the website’s launch at the end of April it has garnered some attention, Munoz-Laboy said, but he couldn’t confirm how many hits the site received over the last three to four weeks. Dodge praised Munoz-Laboy for attempting to reach a difficult population using appropriate imagery

and language and taking a unique approach by developing a potentially “really nice tool.” At the same time some researchers expressed that personal interaction might be more beneficial. “I think this is a great tool,” said Omar Martinez, 28, a gay man who is currently a post-doctoral research fellow at the HIV Center at Columbia University and who works with Dodge. “[It’s a] great resource for providers as well, but I also think that face-to-face contact is needed.” From his more than 20 years heading Aguilas, Morales agreed. He has seen sexual behavior risks drop significantly from men who get involved with and engage in the organization’s services. Perhaps the most significant

challenge is reaching the intended population. Bisexual Latino men don’t typically congregate in gay bars or go to gay websites or organizations to socialize and find sexual partners, said Dodge. He’s interested in finding out how bisexual Latino men find the Latino BiCultural Project website and who visits the site. Martinez added that it appeared the Latino BiCultural Project website was “doing a good job targeting out bisexual men.” “It’s a good comprehensive website,” Martinez said, but he expressed concern about individuals who continue to slip through the cracks, such as recently arrived immigrants and those who don’t have access to the Internet or have a name for their sexual attractions.

“I’m scared of that and we need to be aware of who are we missing.” Yet, the men were hesitant not to try an innovative HIV prevention approach. “Anything that will get the message out is worthwhile,” said Morales. “What kind of impact it will have depends on who will access it.” Dodge agreed. “Honestly, there is only one way to find out is to try it and we may find that it turns out to be the greatest intervention approach for dealing with these particular guys or it may not, but really if we don’t try to at least make an effort at understanding we won’t know,” Dodge said. For more information, visit http://www.latinobiculturalproject. org.t

we restored a number of times the funding El/La receives through the Department of Public Health. They were part of the add-backs we have made over the years,” Campos said. He said that since the hearing, “police have been very responsive since then to address the situation. [Suhr] is very committed to helping and working with us.” In an email, Campos aide Stephany Ashley said that Campos, Suhr, Gracie, Moser, Sparks, El/La representatives, and others attended a June 3 meeting where “We discussed ways in which SFPD can increase its cultural competency with regards to the Translatina community, ways in which trust can be built between the Translatina community and the SFPD, and ways in which increased outreach could be done to the Translatina community to ensure that they know their rights with regards to sanctuary city policy and SFPD’s general order pertaining to respecting gender identity.” Ashley added, “Several ideas as to how to reach these goals were thrown out, and I will be researching their feasibility and serving as the point person for following up on them.” Campos also met with people at El/ La Friday night, June 7. Police officials didn’t directly provide comment for this story. The district attorney’s office expects to do a public education campaign geared toward the transgender community, and Hwang, the as-

sistant district attorney, pointed to one example of where a transgender woman speaking out about what happened to her led to someone being sentenced to jail. At an April meeting at the HRC’s offices, Adriana Kin Romero, 42, recalled being attacked near 16th and Mission streets. “It was hard for me to call the police, but I did it,” Romero said. Her attacker spent a short time in jail. After he got out, he was near the corner “all the time,” she said, despite there being an order that he stay away from the area. When she called police, an officer asked her if she was a sex offender. “The police didn’t investigate him, they investigated me,” said Romero, who cried as she told her story through a Spanish interpreter. “... If I’m going to be treated that way, then why should I call?” Immediately after the meeting, Hwang and out gay police Sergeant Peter Shields met with Romero. Hwang said this week that the man Romero spoke of was sentenced to another year in county jail Friday, June 7 for violating the stay away order and his probation. “The police did a really good job following up with that victim, and it’s part of our very aggressive protection of victims of hate violence,” Hwang said.t

Undercover efforts

hate crimes when they find it,” but she said it is always important to examine if there are “things we might be able to do differently to address this population.” In an interview this week, Sparks said that in the budget that was recently introduced for fiscal year 2013-14, Mayor Ed Lee has proposed providing backfill funding for two positions that have been empty. “These aren’t new positions,” she said. One of the posts involves working on issues such as hate crimes and the LGBT Aging Policy Task Force. The other staffer will be tasked with investigating discrimination cases. The proposed funding would cover a total of about $170,000 for the two positions, plus benefits. Sparks anticipates the positions will start being advertised in the next week, and the positions will be filled in July.

First hearing

Complaints are longstanding from the transgender Latina community that they regularly face incidents of violence but police are often dismissive and have even harassed them. Community members also often fear interacting with police because of their immigration status. But this was the first hearing that Campos had called for to address the concerns, despite the fact that he was first elected to represent the Mission in 2008.

Rick Gerharter

Human Rights Commission Executive Director Theresa Sparks

In a recent interview, Campos said, “We felt that we had heard enough concerns, enough problems that we needed to bring more attention to this issue. My understanding is that the mayor’s office and [Mayor Ed Lee] himself is very concerned about this as well, and has made a commitment to make sure there’s funding for services for this community, so I think that bringing attention to it has helped in that sense.” Campos indicated he’s been doing outreach on the issue for awhile and touted his support for El/La, which has a small budget and, according to staff, has regularly had to fight for funding. “We have worked on and off with El/La since I was elected, and in fact

cisco due to the shopping center offering it a generous deal on a month-to-month lease. Natali also owns a retail space on 18th Street next door to Toad Hall that had been a dry cleaner. He was looking for a hot dog shop to open there, but during the MUMC meeting last week, Natali said doing so would require installing food preparation equipment that proved to be too “complicated.” “Yes, the space is still available,” said Natali in response to a question about the vacant storefront.t

Promotion

As the Bay Area Reporter noted on its blog Friday, June 7, Limbert, 56, who had been a sergeant for many years, recently learned that he’s being promoted to lieutenant. He is one of only a small handful of out men to reach the rank of lieutenant at the SFPD, where, for years, the AIDS epidemic decimated the population of gay officers. He said he’s “excited,” but he’s “still dismayed about the fact that I’m going to be leaving” Mission Station, where’s he’s been for 13 years. Limbert didn’t know where his next assignment would be or who would be taking his place at Mission Station. His last day there will be June 14. His transfer will be effective June 22.t

Matthew S. Bajko contributed to this report.

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18 • BAY AREA REPORTER • June 13-19, 2013

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In the matter of the application of: CATHERINE ALEXANDRA MALLICK, for change of name having been filed in Superior Court, and it appearing from said application that petitioner CATHERINE ALEXANDRA MALLICK, is requesting that the name CATHERINE ALEXANDRA MALLICK, be changed to ALEXANDRA MALLICK WILLIAMS. Now therefore, it is hereby ordered, that all persons interested in said matter do appear before this Court in Dept. 514, Rm. 514 on the 13th of Aug 2013 at 9:00am of said day to show cause why the application for change of name should not be granted.

JUNE 6, 13, 20, 27, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035102400 The following person(s) is/are doing business as: SALON D, 660 MARKET ST. #204, SF, CA 94104. This business is conducted by an individual, and is signed Diane H. Oertwig. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/13/13. The statement was filed with the City and County of San Francisco, CA on 05/13/13.

JUNE 6, 13, 20, 27, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035134100 The following person(s) is/are doing business as: THE RINCON GROUP, 425 1ST ST. #2702, SF, CA 94105. This business is conducted by a corporation, and is signed Tarslin Real Estate (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/28/13. The statement was filed with the City and County of San Francisco, CA on 05/28/13.

JUNE 6, 13, 20, 27, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035147100 The following person(s) is/are doing business as: CALIFORNIA IRON WORKS, 1405 EGBERT AVE, SF, CA 94124. This business is conducted by a married couple, and is signed Alfonso Ramirez & Marisela Ramirez. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 06/03/13. The statement was filed with the City and County of San Francisco, CA on 06/03/13.

JUNE 6, 13, 20, 27, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035152400 The following person(s) is/are doing business as: SABAI TEA, 1557 8TH AVE., SF, CA 94122. This business is conducted by a limited liability company, and is signed Sabai Tea LLC (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on NA. The statement was filed with the City and County of San Francisco, CA on 06/04/13.

JUNE 6, 13, 20, 27, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035143600 The following person(s) is/are doing business as: GLAZE TERIYAKI, 1946 FILLMORE ST., SF, CA 94115. This business is conducted by a limited liability company, and is signed Seatown Fillmore LLC (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on 04/25/13. The statement was filed with the City and County of San Francisco, CA on 05/31/13.

JUNE 6, 13, 20, 27, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035139900 The following person(s) is/are doing business as: 2130, 2130 FILLMORE ST., SF, CA 94115. This business is conducted by a limited liability company, and is signed Oska Mill Valley LLC (DE). The registrant(s) commenced to transact business under the above listed fictitious business name or names on NA. The statement was filed with the City and County of San Francisco, CA on 05/30/13.

JUNE 6, 13, 20, 27, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035116600 The following person(s) is/are doing business as: ORCHID’S ORGANICS, 257 BRADFORD, SF, CA 94110. This business is conducted by an individual, and is signed Richard Slayen. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/01/2013. The statement was filed with the City and County of San Francisco, CA on 05/17/13.

MAY 23, 30, JUNE 6, 13, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035112800 The following person(s) is/are doing business as: R.G. GENERAL BUILDING MAINTENANCE, 402 CAMPBELL AVE., SF, CA 94134. This business is conducted by an individual, and is signed Rolando Madjus. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/16/13. The statement was filed with the City and County of San Francisco, CA on 05/16/13.

MAY 23, 30, JUNE 6, 13, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035104900

JUNE 13, 20, 27, JULY 04, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035093600 The following person(s) is/are doing business as: COBANNA, 298 4th AVE. #313, SF, CA 94118. This business is conducted by a Limited Liability Company, and is signed Cobanna LLC (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/08/13. The statement was filed with the City and County of San Francisco, CA on 05/08/13.

MAY 23, 30, JUNE 6, 13, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035107800 The following person(s) is/are doing business as: 26TH STREET BOOKKEEPERS, 3861 26TH ST., SF, CA 94131. This business is conducted by a Limited Liability Company, and is signed Robert & Company LLC (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on N/A. The statement was filed with the City and County of San Francisco, CA on 05/15/13.

MAY 23, 30, JUNE 6, 13, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035104500 The following person(s) is/are doing business as: LUXSME, 888 BRANNAN ST. #2055, SF, CA 94103. This business is conducted by a corporation, and is signed Amber #1 Inc. (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/14/13. The statement was filed with the City and County of San Francisco, CA on 05/14/13.

MAY 23, 30, JUNE 6, 13, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035098500 The following person(s) is/are doing business as: TAYLOR STREET COFFEE SHOP, 375 TAYLOR ST., SF, CA 94102. This business is conducted by a corporation, and is signed Taylor Street Coffee Shop Inc. (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on N/A. The statement was filed with the City and County of San Francisco, CA on 05/10/13.

MAY 23, 30, JUNE 6, 13 2013 STATEMENT OF ABANDONMENT OF USE OF FICTITIOUS BUSINESS NAME FILE A-034283300 The following persons have abandoned the use of the fictitious business name known as: TAI CHI RESTAURANT. This business was conducted by a corporation and signed by Colin TC Inc. (CA). The fictitious name was filed with the City and County of San Francisco, CA on 04/18/12.

MAY 23, 30, JUNE 6, 13 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035113700 The following person(s) is/are doing business as: R P M COMPLETE AUTOCARE INC., 160 RUSS ST., SF, CA 94103. This business is conducted by a corporation, and is signed R P M Complete Autocare Inc. (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on 09/16/08. The statement was filed with the City and County of San Francisco, CA on 05/16/13.

MAY 30, JUNE 6, 13, 20 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035113000 The following person(s) is/are doing business as: RINEY, 2001 THE EMBARCADERO, SF, CA 94133. This business is conducted by a corporation, and is signed Publicis Inc. (DE). The registrant(s) commenced to transact business under the above listed fictitious business name or names on 03/15/13. The statement was filed with the City and County of San Francisco, CA on 05/16/13.

MAY 30, JUNE 6, 13, 20 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035124100 The following person(s) is/are doing business as: MILANO PIZZERIA 1330 9TH AVE., SF, CA 94122. This business is conducted by a corporation, and is signed BM Holdings Inc. (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on N/A. The statement was filed with the City and County of San Francisco, CA on 05/22/13.

MAY 30, JUNE 6, 13, 20 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035129100

The following person(s) is/are doing business as: LAW OFFICE OF JESSE JONG, 1142 EDDY ST. UNIT D, SF, CA 94109. This business is conducted by an individual, and is signed Jesse Jong. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/01/13. The statement was filed with the City and County of San Francisco, CA on 05/14/13.

The following person(s) is/are doing business as: KD COMMERCIAL SERVICES 925 GEARY ST. #506, SF, CA 94109. This business is conducted by a corporation, and is signed Widjaja Winata Corporation (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on N/A. The statement was filed with the City and County of San Francisco, CA on 05/24/13.

MAY 23, 30, JUNE 6, 13, 2013

MAY 30, JUNE 6, 13, 20 2013

FICTITIOUS BUSINESS NAME STATEMENT FILE A-035113100

NOTICE OF APPLICATION TO SELL ALCOHOLIC BEVERAGES

The following person(s) is/are doing business as: ARC USA SAN FRANCISCO, 30 HOTALING PLACE, SF, CA 94111. This business is conducted by a corporation, and is signed Leo Burnett Company Inc. (DE). The registrant(s) commenced to transact business under the above listed fictitious business name or names on 02/01/13. The statement was filed with the City and County of San Francisco, CA on 05/16/13.

Dated 06/07/13 To Whom It May Concern: The name(s) of the applicant(s) is/are: STCC INC. The applicants listed above are applying to the Department of Alcoholic Beverage Control at 33 New Montgomery St. #1230, SF, CA 94105 to sell alcoholic beverages at 3910 GEARY BLVD., SF, CA 94118-3219. Type of license applied for

MAY 30, JUNE 6, 13, 20 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035120700 The following person(s) is/are doing business as: ENTERPRISE SELLING GROUP, 788 CAROLINA ST., SF, CA 94107. This business is conducted by an individual, and is signed Michael Andrew Holland. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/20/13. The statement was filed with the City and County of San Francisco, CA on 05/20/13.

MAY 30, JUNE 6, 13, 20 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035123400 The following person(s) is/are doing business as: MOBLEY BLOOMFIELD, 208 PENNSYLVANIA AVE. #110 SF, CA 94107. This business is conducted by a married couple, and is signed Jennifer Mobley & Frank W. Bloomfield Jr. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/22/13. The statement was filed with the City and County of San Francisco, CA on 05/22/13.

MAY 30, JUNE 6, 13, 20, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035131200 The following person(s) is/are doing business as: ALINA SEPEDA ACUPUNCTURE, 183 FRANKLIN ST. #3, SF, CA 94102. This business is conducted by an individual, and is signed Bianca Alina Sepeda. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/24/13. The statement was filed with the City and County of San Francisco, CA on 05/24/13.

MAY 30, JUNE 6, 13, 20 2013 NOTICE OF APPLICATION FOR CHANGE IN OWNERSHIP OF ALCOHOLIC BEVERAGE LICENSE Dated 06/04/2013 To Whom It May Concern: The name(s) of the applicant(s) is/are: MARU GROUP LLC. The applicants listed above are applying to the Department of Alcoholic Beverage Control at 33 New Montgomery St. #1230, SF, CA 94105 to sell alcoholic beverages at 2931 16TH ST., SF, CA 94103-3612. Type of license applied for

41 - ON-SALE BEER & WINE - EATING PLACE JUNE 13, 2013 NOTICE OF APPLICATION FOR CHANGE IN OWNERSHIP OF ALCOHOLIC BEVERAGE LICENSE Dated 06/05/2013 To Whom It May Concern: The name(s) of the applicant(s) is/are: GLENEAGLES GOLF PARTNERS L-PSHIP. The applicants listed above are applying to the Department of Alcoholic Beverage Control at 33 New Montgomery St. #1230, SF, CA 94105 to sell alcoholic beverages at 2100 SUNNYDALE AVE., SF, CA 94134-2014. Type of license applied for

47 - ON-SALE GENERAL EATING PLACE JUNE 13, 2013 NOTICE OF APPLICATION FOR CHANGE IN OWNERSHIP OF ALCOHOLIC BEVERAGE LICENSE Dated 06/05/2013 To Whom It May Concern: The name(s) of the applicant(s) is/are: AMAMI SUSHI CORPORATION. The applicants listed above are applying to the Department of Alcoholic Beverage Control at 33 New Montgomery St. #1230, SF, CA 94105 to sell alcoholic beverages at 1789 EL CAMINO REAL, SAN BRUNO, CA 94066-5401. Type of license applied for

41 - ON-SALE BEER & WINE - EATING PLACE JUNE 13, 2013 NOTICE OF APPLICATION TO SELL ALCOHOLIC BEVERAGES Dated 06/10/13 To Whom It May Concern: The name(s) of the applicant(s) is/are: FUTURE BEVERAGE INC. The applicants listed above are applying to the Department of Alcoholic Beverage Control at 33 New Montgomery St. #1230, SF, CA 94105 to sell alcoholic beverages at 101 SPEAR ST. #A04, SF, CA 94105-1557. Type of license applied for

48 - ON-SALE GENERAL PUBLIC PREMISES JUNE 13, 20, 27, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035104200 The following person(s) is/are doing business as: CITY DWELLER, 1440 DE SOLO DR., PACIFICA, CA 94044. This business is conducted by an individual, and is signed David Brian Gohn. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 04/25/13. The statement was filed with the City and County of San Francisco, CA on 05/14/13.

JUNE 13, 20, 27, JULY 04, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035161000 The following person(s) is/are doing business as: HAVEN; OSCAR AND STELLA; OSCAR & STELLA, 215 FREMONT ST. #1 SF, CA 94105. This business is conducted by an individual, and is signed Michelle Renee Stehle. The registrant(s) commenced to transact business under the above listed fictitious business name or names on NA. The statement was filed with the City and County of San Francisco, CA on 06/07/13.

JUNE 13, 20, 27, JULY 04, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035108700 The following person(s) is/are doing business as: MN REMODELING SERVICES, 2793 16TH ST., SF, CA 94102. This business is conducted by an individual, and is signed Milton Navarrete. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 05/15/13. The statement was filed with the City and County of San Francisco, CA on 05/15/13.

JUNE 13, 20, 27, JULY 04, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035166600 The following person(s) is/are doing business as: CASTRO SMOG STATION, 376 CASTRO ST., SF, CA 94114. This business is conducted by an individual, and is signed Yinkit Tse. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 06/11/13. The statement was filed with the City and County of San Francisco, CA on 06/11/13.

JUNE 13, 20, 27, JULY 04, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035143000 The following person(s) is/are doing business as: WALKERSHAW CLOTHING, 1400 CASTRO ST., SF, CA 94114. This business is conducted by a general partnership, and is signed Connie Walker & Ira Jesse Shaw. The registrant(s) commenced to transact business under the above listed fictitious business name or names on NA. The statement was filed with the City and County of San Francisco, CA on 05/31/13.

JUNE 13, 20, 27, JULY 04, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035155200 The following person(s) is/are doing business as: HOTEL MARK TWAIN, 345 TAYLOR ST., SF, CA 94102. This business is conducted by a limited liability company, and is signed JBEAR Associates LLC (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on 01/01/13. The statement was filed with the City and County of San Francisco, CA on 06/05/13.

JUNE 13, 20, 27, JULY 04, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035111900 The following person(s) is/are doing business as: CHESTNUT PARTNER GROUP, LLC, 2265 31ST AVE., SF, CA 94116. This business is conducted by a limited liability company, and is signed Chestnut Partner Group LLC (CA). The registrant(s) commenced to transact business under the above listed fictitious business name or names on 01/01/13. The statement was filed with the City and County of San Francisco, CA on 05/16/13.

JUNE 13, 20, 27, JULY 04, 2013 FICTITIOUS BUSINESS NAME STATEMENT FILE A-035165800 The following person(s) is/are doing business as: OLE MISSION HILL SALON, 491 POTRERO AVE., SF, CA 94110. This business is conducted by a limited liability company, and is signed Code of Ten Percent LLC (DE). The registrant(s) commenced to transact business under the above listed fictitious business name or names on NA. The statement was filed with the City and County of San Francisco, CA on 06/10/13.

JUNE 13, 20, 27, JULY 04, 2013

21 – OFF-SALE GENERAL JUNE 13, 20, 27, 2013 NOTICE OF APPLICATION TO SELL ALCOHOLIC BEVERAGES Dated 06/03/13 To Whom It May Concern: The name(s) of the applicant(s) is/are: CENTRAL KITCHEN LLC. The applicants listed above are applying to the Department of Alcoholic Beverage Control at 33 New Montgomery St. #1230, SF, CA 94105 to sell alcoholic beverages at 1550 BRYANT ST., SF, CA 94103-4832. Type of license applied for

41 - ON-SALE BEER & WINE - EATING PLACE JUNE 13, 20, 27, 2013

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PUBLIC NOTICE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT PUBLIC NOTICE – BART’S TRIENNIAL DBE GOAL In accordance with requirements of the U.S Department of Transportation as set forth in 49 CFR Part 26, the San Francisco Bay Area Rapid Transit District (BART) hereby notifies the public that it has set an overall Disadvantaged Business Enterprise (DBE) goal for federally funded contracts during the Fiscal Year’s 2014 thru 2016 as follows: Federal Transit Administration (FTA) – 23% Information pertaining to this goal and a description of how it was determined are available for inspection during normal business hours at the BART Office of Civil Rights, 300 Lakeside Drive, 18th Floor, Oakland, CA 94612, for 30 days from date of this notice. Comments on the goal will be accepted for 45 days from date of this notice. Such comments are for information purposes only and may be sent to the BART Office of Civil Rights – DBE Goal, at the aforementioned address, or e-mailed to dburton@bart.gov. 6/13/13 CNS-2495074# BAY AREA REPORTER SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT NOTICE TO PROPOSERS GENERAL INFORMATION The SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (“District”), 300 Lakeside Drive, Oakland, California, is advertising for proposals for Medical Case Management Services Request for Proposal No. 6M4281, on or about June 5, 2013, with proposals due by 2:00 PM local time, Tuesday, July 9, 2013. DESCRIPTION OF SERVICES TO BE PROVIDED The District intends to engage the services of (“CONTRACTOR”) to provide Medical Case Management Services. The District presently intends to enter into a three (3) year Agreement with the CONTRACTOR selected with two options, exercisable by the District at its sole discretion, to extend the term of the Agreement for one (1) year each. A Pre-Proposal Meeting will be held on Thursday, June 20, 2013. The Pre-Proposal Meeting will convene at 10:00 a.m., local time, at BART Offices located at 300 Lakeside Drive, 17thFloor – Main Conference Room #1700, Oakland, CA. At the Pre-Proposal Meeting the District’s Non-Discrimination Program for Subcontracting/Small Business Program Policy will be explained. All questions regarding DBE/WBE participation should be directed to Dominique Burton, Office of Civil Rights at (510)287-4712 – FAX (510) 874-7470. Prospective Proposers are requested to make every effort to attend this only scheduled PreProposal Meeting, and to confirm their attendance by contacting the District’s Contract Administrator, telephone (510) 464-6543, prior to the date of the Pre-Proposal Meeting. WHERE TO OBTAIN OR SEE RFP DOCUMENTS (Available on or after June 5, 2013) Copies of the RFP may be obtained: A PDF version of the RFP will be sent to all firms on the Interested Parties List at time of advertisement; or (1) By E-mail request to the District’s Contract Administrator, Aminta Maynard, at amaynar@bart.gov (2) By arranging pick up at the above address. Call the District’s Contract Administrator, (510) 464-6543 prior to pickup of the RFP. Dated at Oakland, California this 4th day of June 2013. Kenneth A. Duron, District Secretary San Francisco Bay Area Rapid Transit District • 6/13/13 CNS-2494415# BAY AREA REPORTER

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Vol. 43 • No. 24 • June 13-19, 2013

Traviata beckons by Jason Victor Serinus

Natalie Dessay in a scene from Philippe Béziat’s documentary Becoming Traviata.

hen is an opera film not a film of an opera? When it’s Becoming Traviata. By the time you’ve finished watching Philippe Béziat’s documentary of sorts, which opens at Opera Plaza Cinema (SF) and Shattuck Cinemas (Berkeley) on Friday, June 14, you may be convinced that soprano Natalie Dessay is opera’s greatest singing actress, Jean-François Sivadier its most no-thought-left-unexamined director, and Louis Langrée among its most perceptive conductors. But unless you’re familiar with Verdi’s opera La Traviata, you’ll come away with but a rudimentary understanding of what transpires onstage, and how glorious the opera’s music can sound. Becoming Traviata is about process: the process of Dessay, aided by Sivadier’s vision, becoming the doomed Violetta as she tries on and eventually inhabits her character. In scene after scene, the movie seamlessly blends piano rehearsal, stage rehearsal, dress rehearsal, and actual performance as it follows Dessay, virtually stalked by Sivadier, from initial conceptualization to final assumption. In the process, we also hear from Alfredo (Violetta’s suitor), handsome former Adler Fellow Charles Castronovo; his father (Giorgio Germont), Ludovic Tézier; and other principals, chorus members, piano coach, and backstage crew.

Courtesy of Distrib Films

But it’s basically Dessay and Sivadier’s show. It certainly isn’t Verdi’s. Although his music is everywhere in evidence, most clearly when Langrée coaches his players in how to bring out the underlying emotion in certain passages, only parts of the opera get an airing. Worse, the stars often sing at half-voice, frequently dropping an octave or singing softly. Dessay may confess that, when it comes to the demanding coloratura of Act I’s great showpiece, “Sempre libera” (“Always free”), she’d rather stall by talking about the scene than actually sing it, but just when we hope that she’ll break free of Béziat’s script and perform the damn aria, we’re on to the next scene. By documentary’s end, everyone who has stuck through all 113 minutes will have no question that Dessay is an inspired actress whom Sivadier adores. In fact, the only question that may arise about Sivadier is whether he is so consumed by the opera that he continues to follow his artists and characters around in his sleep. But some opera virgins are only going to stick around if they are so okay with not being told what La Traviata is about that they can figuratively as well as literally watch it in the dark. Even to seasoned operagoers, Béziat’s stopand-go approach can be frustrating. Opera

“S

by David Lamble

he life of poet/shaman/trickster James Broughton will unspool as part of the 37th San Francisco International LGBT Film Festival at the Castro Theatre on Sat., June 22. Big Joy: The Adventures of James Broughton is a new film from Stephen Silha, Eric Slade and Dawn Logsdon. If you’ve never heard of James Broughton – son of Modesto, unofficial poet laureate of San Francisco, filmmaking pioneer/teacher, husband/lover to some fiercely independent partners, from legendary critic Pauline Kael to filmmaker Joel Singer – then this essay is your invite. In the spring of 1974, at 61, James Broughton was doomed, trapped in what many would have thought an enviable rut: teacher, suburban husband and father. For

and helped her regain her equilibrium. That we can really learn much about a person from their possessions, the places they inhabited, or the edifices erected in their honor is a shaky premise, but the show’s main virtue is its key to Leibovitz’s discerning eye: how and what she sees when not doing the bidding of her magazine masters, who require the glamorous packaging of the beautiful and famous as commodities for public consumption. It’s unlikely we’d care about these pictures or they’d be in a museum if she weren’t famous. So how can we separate her fame from the value of this body of work? The answer is: with difficulty. There are no people to be found here, living or dead; only the things they left behind, and that leaves Leibovitz, who knows a thing or two about composing a striking, well-lit photograph, unmoored. With Virginia Woolf, she photographed the writer’s ink-stained desk and the river where she drowned herself by piling her pockets full of rocks; she shot Ansel Adams’ red-lit darkroom in Carmel, and a trio of crisp, smallscale images of the same Yosemite vistas he captured seen here at twilight, sunset, and with clouds looming over the peaks. A section on Lincoln includes the tattered top hat

him, this had become a slow death of the spirit. Suddenly he was swept off his feet by a lad of 25. We pick up the threads of this life-changing moment from a 1983 radio chat. It’s Nov. 6, four days before his 70th birthday, and we’re conversing on my old ABC Radio talk show, in a studio nestled above the old Giraffe Bar on Polk St. David Lamble: How and when did you meet Joel Singer? James Broughton: “I was 61 and teaching at the San Francisco Art Institute, and he enrolled as a graduate student in the film department. He had already made some films and was a brilliant student, and then to my astonishment we discovered that we were soulmates. I’ve written about See page 24 >>

Poet/filmmaker James Broughton, in Big Joy: The Adventures of James Broughton.

See page 22 >>

Possessed by celebrity ometimes you have to please your own sweet self ” could be the tagline for Annie Leibovitz’s latest show Pilgrimage, now at the San Jose Museum of Art. Something of a departure from the slick, theatrically staged and whimsically imaginative celebrity portraits she does for her day job on assignment for glossies Vogue and Vanity Fair, this exhibition is the result of a personal quest for the photographer. It’s comprised of 70 digital color pictures of iconic landscapes like Niagara Falls, Gettysburg and Yosemite, and the homes and objects that belonged to influential, deceased, mostly American figures who shaped their times, such as Eleanor Roosevelt, Emily Dickinson, Emerson, Thoreau, Louisa May Alcott, John Muir, and Freud, whose London house she had used for one of her layouts. After her partner Susan Sontag died from cancer in 2004, and having emerged battered but still standing from her much-publicized financial woes, Leibovitz decided to embark on a project the couple had originally conceived of together: making a list and visiting places that were meaningful to them. She set out in 2009, and though the itinerary for this make-it-up-as-you-go journey morphed and changed, she has said the work saved her,

Sissy makes good

Courtesy Frameline

by Sura Wood

Annie Oakley’s heart target, private collection, Los Angeles, California, 2010, by Annie Leibovitz. Annie Leibovitz, from Pilgrimage (Random House, 2011)

he wore and the well-worn gloves found in his pocket the night he was shot, as well as the Presidential memorial on whose steps singer Marian Anderson sang after being denied permission to perform at Constitution Hall, which had a “whites only” policy. Leibovitz laid Anderson’s soiled and torn

{ SECOND OF TWO SECTIONS }

concert gown on the floor, shot it in sections, then assembled them into one image. Dismissing Graceland as too stagey, she traveled to Elvis Presley’s home in Tupelo, Mississippi, and photographed a television set whose screen the “King” had shattered with a bullet. See page 29 >>

<< Out There

22 • Bay Area Reporter • June 13-19, 2013

We believe in Rufus Wainwright by Roberto Friedman

rom the moment singer/songwriter Rufus Wainwright strode onto the stage of Davies Symphony Hall last Sunday night for a solo concert on piano and guitars, he totally owned the joint. As he said himself, he looked great. He began with “The Art Teacher,” a grown woman’s paean to her early mentor, and by evening’s end, he’d sung songs in tribute to his husband; his daughter; his sister; his late mother, folk legend Kate McGarrigle; and even to his once-estranged father, folk legend Loudon Wainwright III. He was a showman, a virtuoso, a raconteur, and an out and proud gay liberationist. Having recently appeared in concert in Paris during the recent demos there against gay marriage, he said the French riot police wore uniforms designed by Jean Paul Gaultier, “and they were hot! So it was a gay man’s dream – pitted against a gay man’s nightmare.” Then he launched into his gayest song ever: “Better pray for yourself, ’cause The Gay Messiah’s coming!” None too soon, Rufus, none too soon! It was the start of the San Francisco Symphony’s popular Sum-

mer and the Symphony series, which brings such personages as Johnny Mathis, Michael Feinstein, Bernadette Peters and Jessye Norman to Davies Hall. For info, go to www.sfsymphony.org.

Wild at heart

At Americano restaurant’s third annual Wild Foods Dinner last week, master chef Kory Stewart and forage expert Connie Green presented five yummy courses prepared with foraged or wild ingredients, a project clearly close to both their hearts. We had wild boar meatballs paired with morels and green harissa; smoked mackerel escabeche with watercress; housemade ricotta tortellini with porcini harvested from the Sierras, wild pecans and honey; local king salmon with fried seabeans; and roasted venison with fiddlehead fern, elderberry mustard, morels and Douglas fir jus. The meal was preceded by Douglas fir and cucumber gin sours on a rooftop terrace, and washed down with excellent Medlock Ames wines. Dessert was candy-cap mushroom S’mores. With our tablemates, we reminisced about our days foraging for miner’s lettuce on a gay com-

Courtesy SFS

“Rufus the Baptist I am!” sang Rufus Wainwright at Davies Hall.

mune in Southern Oregon (true story!). We’re three for three for the Wild Foods fete, now a red-letter date on our late-spring calendar.

Choir joys

Like The Best Exotic Marigold Hotel and Quartet, the new film Unfinished Song – screening for free on Sat., June 15, 11 a.m. at the Vogue Theater – gives older actors a chance to star instead of playing somebody’s grandparent. In this instance Vanessa Redgrave and Terence Stamp are in the spotlight as a devoted couple dealing with a serious illness that threatens to part them. Obeying her wishes, he joins an offbeat local choir she used to belong to. The choir director (Gemma Arterton) pushes him to get fully involved, a process that brings him closer to his son (Christopher Eccleston). This free screening is brought to you by the Mostly British Film Festival. For screening admission, e-mail voguersvp@gmail.com with Song in the subject line, and the number in your party (two max) in the body.

Culture makers

He Moved Swiftly But Gently Down the Not Too Crowded Street: Ed Mock and Other True Tales in a City That Once Was is a site-specific

performance by Amara TaborSmith about the life and work of choreographer Ed Mock, an influential black gay artist who died of AIDS in 1986. Mock inspired and influenced Bay Area dancemakers with his combination of tap, jazz, Afro-Haitian, Afro-Cuban, modern dance and mime. The piece is presented as part of Dancers’ Group’s

ONSITE series, and all performances are free, June 15-23. He Moved Swiftly will feature about 30 artists and will travel through multiple locations in San Francisco. Find more info at www.dancersgroup.org. We stand corrected: Last week’s Out There asserted that Cyndi Lauper is the “first woman not part of a songwriting team to be nominated for a Tony for her original score.” This was so wrong: We were cribbing from other Tonys coverage, and garbled it. The first woman to be nominated in the category was Micki Grant for Don’t Bother Me, I Can’t Cope, in 1973 (and she is African American, too). There have been several other solo song-writing women nominated over the years: in 1978, Elizabeth Swados for Runaways; in 1985, Barbara Damashek for Quilters. In 1991, Lucy Simon and Marsha Norman (the only female team) were nominated for The Secret Garden. In 1999, Jeanine Tesori was nominated for Twelfth Night (but we guess this isn’t the same thing, because she wrote a score for a Shakespeare play in which Willie the Shakes wrote the lyrics). And in 2009, Dolly Parton was nominated for her score for 9 to 5. But we’re happy to say, after last Sunday’s Tony Awards, Lauper is now the first sole female winner in the category. Thanks to theatre maven Jerry Metzker for setting us straight, so to speak.t

Courtesy Americano

Americano restaurant and Wild Foods Dinner chef Kory Stewart.

Traviata

From page 21

queens aware of negative reviews of Dessay’s 2012 Traviata at the Metropolitan Opera, where she was reportedly under vocal duress, and mixed reviews of her more recent Julius Caesar, will want to know what shape she’s in. We can sense some of the vocal problems in the documentary when her voice involuntarily stops, far more than once, during rehearsal. But short of watching the DVD of the culmination of these rehearsals, the actual 2011 outdoor performance in Aix-en-Provence (available on Virgin Classics), we are left hanging as to the vocal estate we

will experience when Dessay takes to the stage of San Francisco Opera on June 5 as Antonia in a nine-performance run of Offenbach’s The Tales of Hoffmann. There’s no question that operalovers will want to see this film for, if nothing else, Dessay’s multiple, notwo-alike run-throughs of her final collapse from consumption. Her theatrical brilliance shines through every frame, far eclipsing anything we’re allowed to see from the other principals. But those wishing to know and savor more will have no choice but to watch the Virgin DVD, head to SFO, or read the review of Tales of Hoffmann in these very pages.t

Music >>

June 13-19, 2013 • Bay Area Reporter • 23

SFO’s marvelous ‘Tales’ by Jason Victor Serinus

f you think you know Offenbach’s The Tales of Hoffmann (Les Contes d’Hoffmann), the opera with the beautiful “Barcarolle” and ridiculously stratospheric “Doll Song,” you’re in for a big surprise from San Francisco Opera. Director and costumer Laurent Pelly’s absolutely delightful, mind-boggling production, which runs for seven more performances in the War Memorial Opera House, has so many new twists and turns that even hardcore aficionados will be scratching their heads over all the changes. Truth be told, the Hoffmann we’re accustomed to seeing is a bastardized version that differs greatly from what the composer expected. When Offenbach died, four months before the opera’s 1881 premiere at L’Opéra-Comique, discussions of changes to the score were still underway. By the time the opera reached the stage, the act with Giulietta, one of starry-eyed poet Hoffmann’s four impossible loves, had already been expunged. Further cuts, re-ordering of material, and the addition of music not in the original score continued until the discovery, in the 1970s, of most of the original autograph piano-vocal score and other material led to further wholesale revision. Even the production, a collaboration between Pelly and dramaturg Agathe Mélinand that is based on

the carefully prepared integral edition of the opera edited by JeanChristophe Keck and Michael Kaye, has undergone changes since Pelly and Mélinand worked together on a different Hoffmann production in 2003. The dialogue is entirely new, the Giulietta act has been filled out, and the epilogue is one big surprise. But then again, so is the entire production. What initially seems like a low-budget set of moving platforms soon opens, rises, and revolves to reveal far more inventive action, shtick, and joyful comedy than we’ve come to expect from Offenbach’s “serious” grand opera. The scene with the mechanical doll Olympia (played by very, very high, idiosyncratically voiced soprano Hye Jung Lee) has so many delights, both visually and musically – including two interpolated high Fs – that it left the opening-night audience cheering. And the comedy of the lovable Steven Cole, who plays four characters including the ridiculous Cochenille, is such a joy that we are assured that, in composing Hoffmann, Offenbach had not exactly turned his back on his frothy past. Vocally and dramatically, SFO has scored with two of the opera’s leads, tenor Matthew Polenzani (Hoffmann) and towering bassbaritone Christian Van Horn (the four aspects of the Devil). Polenzani is far more animated than usual, and sings with peerless beauty of tone and convincing ardor. His ma-

jor tour de force – he is the major presence in every act – falters only towards the end, when his great romantic outpouring “O Dieux! De quelle ivresse” (“O God! With what rapture”) is sung too fast, virtually devoid of nuance and rubato. Van Horn, whose excellence in his previous outings for SFO has screamed “major role,” delivers on his promise. His bright, handsome, extremely resonant voice cuts through the house, just as his four characters, all aspects of the Devil, strike at the heart of the human spirit. Mezzo-soprano Angela Brower (Nicklausse/Muse), substituting for Alice Coote, sings with consistent strength and conviction. Alas, her ever-animated, mobile stage presence is more interesting than her homogenized voice. You may not remember the sound of Brower’s instrument, but you’ll never forget soprano Natalie Dessay’s (Antonia). Her soft singing remains supremely touching and endearing, even if her tone in her strongest outpourings is no longer pristine. The role and production don’t give her enough opportunities to display her remarkable theatricality, but her lovely portrayal confirms her star status. The other major roles were played by Ian Robertson’s San Francisco Opera Chorus and our superb opera orchestra. How many ways can you say world-class? The other two loves in Hoff-

Rising star at Davies by Philip Campbell

s the current San Francisco Symphony season dashes towards an exciting and prolonged finale, recent weeks at Davies Symphony Hall have been noteworthy for the interest of the programming and the distinction of the instrumental soloists – one a returning guest artist, and two drawn from the orchestra’s own ranks. French cellist Gautier Capucon made an indelible impression at DSH a few years back when he played Henri Dutilleux’s Tout un monde lointain (A Whole Distant World) to initially bewildered but ultimately approving audiences. His previous visit and SFS debut was marked by a much safer repertory choice, the Schumann Concerto in A minor, but his masterful performance and intense stage presence alerted listeners to the presence of a fascinating rising star. Choosing the challenging and mysterious Dutilleux piece for his second visit, Capucon dared to show a bolder side to his musical personality. SFS patrons and subscribers are a fairly open-minded crowd as long as there is some musical comfort food included on the bill, and veteran guest conductor Charles Dutoit supplied the needed balance with a solid interpretation of Berlioz’s Symphonie fantastique. One might say the Ber-

Courtesy SFS

French cellist Gautier Capucon.

lioz was a bit of a shocker in its own day, too, but the once-provocative Symphonie has mellowed to become a classic today. Antonin Dvorak’s beloved Concerto in B minor for Cello and Orchestra, Opus 104, has also acquired a burnished patina since premiering in 1896, but the composer never really meant to scare the horses anyway. The long, beautifully rich and demanding (at least for the soloist) Concerto in B has become a favorite, mostly due to the technical difficulties placed on the soloist, and the melodic warmth and lyricism listeners have always expected from Dvorak. It was a welcome relief and sort of a revelation to hear Capucon eschew the sentimental, overly nostalgic approach that so many cellists have adopted when performing the old chestnut over the years. This was an altogether leaner, more dry-eyed reading. There was an astringent quality to the playing that seemed the aural equivalent of cleaning an old master’s painting. The fierce mood was tempered with lovely reflective interludes, but Capucon didn’t relent for long, and the always dramatic coda was more exciting than ever. Last week brought SFS Concertmaster Alexander Barantschik and Principal Violist Jonathan Vinocour into the spotlight for performances of the young (18!) Benjamin Britten’s Double Concerto in B minor for Violin, Viola and Orchestra. What a treat to see our SFS musicians given the opportunity to strut their stuff, even if the Britten is less a tour de force than a rather darkhued and rhapsodic duet. There is much in the score that shows us who the composer would become, and a hint of the mystery and subtlety of his rather skimpy output of film and documentary music. The soloists are well-known to us for their technical mastery and low-key personalities, and both seemed perfectly suited to the absorbing if not particularly dazzling score. Guest conductor Kirill Karabits opened the concert with another

score from the 20th century, Arthur Honegger’s Pacific 231 (Mouvement symphonique No. 1). It was a scrappy reading of a huffing piece that

Cory Weaver/San Francisco Opera

Hye Jung Lee (Olympia) and Matthew Polenzani (Hoffmann) in San Francisco Opera’s Les Contes d’Hoffmann.

mann’s life, mezzo-soprano Irene Roberts (Giulietta), and first year Adler Fellow soprano Jacqueline Piccolino (Stella), both showed promise. Roberts and Brower may have sung the most prosaic, antiromantic, two voices in separate universes “Barcarolle” I’ve ever heard, but that may be the fault of conductor Patrick Fournillier, who started out wonderfully, but seemed to lose imagination by Act IV. Truth be told, the production itself scores the most points for inventiveness in

the first half. In smaller roles, tenor Thomas Glenn, a San Francisco favorite, was his usual outstanding self as Spalanzani, and other singers performed quite well. But let’s not get lost amongst the stars and asteroids. When you put it all together, this is the most revelatory and engrossing production of Hoffmann imaginable. If you want to spend your evening delighted, amazed, and touched, don’t miss SFO’s Les Contes d’Hoffmann.t

seemed as good a curtain-raiser as anything else. It was Barantschik’s and Vinocour’s performance that really got the crowd enthused. Two young ladies from the audience brought poseys to both soloists with a couple of red roses to the conductor. The Con-

certmaster’s surprise and blushing acceptance was not only endearing, but also a reminder that even the best musicians in the SFS do not necessarily see themselves as stars. They are highly individual talents to those of us who hear them season after season in the service of their art.t

<< Film

24 • Bay Area Reporter • June 13-19, 2013

Excursions into documentary life

by David Lamble

he 12th SF DocFest concludes with four queer films that pack an emotional wallop, films whose individual and collective resonance will last well beyond their brief life on an Internet chat site. As usual, DocFest offers unusual escapist fare, including my own favorite, Timo Novotny’s Trains of Thoughts, a doc that channeled my inner subway freak with its unique excursion through transit systems in six world capitals. Silver Lake Life: The View From Up Here In the hot LA summer of 1990, as he lay dying in the middleclass bungalow he had shared with his lover of over 20 years, rebel queer filmmaker Tom Joslin was creating a work of art so bleak and unbearably honest that it’s a minor miracle that the final cut played both on national PBS and at his neighborhood rep house, the Vista Theatre. The cruelest cut of all is that the final film, winner of a posthumous Sundance

SF DocFest

Scene from Tom Joslin’s Silver Lake Life: The View From Up Here.

Grand Jury Prize, would have to be assembled – sifted from over 40 hours of Hi-8 video recordings – by one of Joslin’s film students, Peter Friedman. Joslin’s decision to film himself and his boyfriend Mark Massi was

made years before, when both men received their positive test results. At first we’re treated to the humdrum domestic moments that go unrecorded for most of us: a trip to a shabby discount drugstore, the mind-numbingly boring car

SF DocFest

Scene from Heather Winters’ Two: The Story of Roman and Nyro.

errands, the rituals of daily food preparation. Gradually the stakes are raised as the couple informs their shrink about their strikingly different philosophical stances on their remaining time together. Tom’s a fatalist for whom the end is unavoidable, and finishing the film is everything; Mark vows to keeping fighting to his last breath. In the film’s final chapter, AIDS imposes a kind of house arrest, and it’s clear that Tom will go first, and Mark will be left alone to face his own death. There’s a tinge of gallows humor to Mark’s ruminations about his lover’s remains. “It was very scary to look at him, right after he died, look at him in the face, but I did! Then I wanted to close his eyes – because it’s very strange seeing a dead person staring – and I tried just like in the movies to close the eyelid, but it doesn’t close, it pops back open. As I said to Tom, I apologized that life wasn’t like the movies.” Later, Mark will clutch a plastic bag of Tom’s ashes, and as he attempts to pour them into a urn, will mordantly joke, “As usual, you’re all over the place.” (Roxie, 6/16, 7 p.m.) Architecture of Mountains In the late 70s, a young Tom Joslin, during a stint as a film teacher at Hampshire College, invented a machine that woke him up in the middle of the night, permitting him to record his dreams. Posthumously assembled by friends from raw tapes and Joslin’s notes, this is an at-times perplexing 62-minute trip through one man’s dream life. (Roxie, 6/16, 5 p.m.) Blackstar: Autobiography of a Close Friend Joslin begins with a quasi-nostalgic essay about a queer

James Broughton

From page 21

this in my book Ecstasies, in a section called ‘Wondrous the Merge.’ “At Beck’s Motel on the 7th of April/we went to bed for three days/ disheveled the king size sheets/never changed the Do Not Disturb/ate only the fruits of discovery/drank semen and laughter and sweat. “I was on the point of feeling my life was over, my life in the suburbs was routine. Joel has actually extended my life by giving me a tremendous shot in the arm or rebirth, re-enthusiasm and delight in the world; he’s half my age. It means I associate with his friends, who are all in their 30s, and so suddenly I felt I was the same age I was when I began making films 40 years ago. I do not think of myself as a senior citizen, but I ride on the Muni for 15 cents anyway.” Born in 1913, Broughton was a sissy-boy whose patrician mother

boy who discovers his true nature while sledding with his rambunctious siblings and playing TV-inspired, cowboy cap-pistol games. Later, Joslin would meet the love of his life, the pushy, dark-haired Mark Massi, at college. The second half of this scrapbook of 8 and 16mm home-movie clips finds the couple coping with Joslin’s family, his clueless jock dad, and most disturbingly, his cold-hearted “liberal” mom. Tom and Mark have to cope with her, who denies the queer couple money to buy their rural communal dream-home. The film concludes with Tom and Mark dancing to a Top 40 girl-group hit, a number that will be heartbreakingly reprised in the final moments of Silver Lake Life. (Roxie, 6/16, 3 p.m.) Two: The Story of Roman & Nyro And now, thankfully, time for something completely different, as Heather Winters follows the journey of a male couple to create a two-son family (twins at that) using a baby surrogate. (New Parkway, 6/14; Roxie, 6/16, 17) Trains of Thought In Timo Novotny’s exhaustively researched doc on underground transit, we see the denizens of six world-class cities live huge chunks of their lives underground. Moscow residents are still terribly proud of their station palaces, constructed during the Great Depression and the height of Stalin’s reign of terror; Hong Kong residents experience a private system; while LA residents are still getting used to their sprawling new Red Line. (Balboa, 6/8, 5 p.m.; Roxie, 6/15, 9 p.m.; 6/19, 9 p.m.)t www.sfindie.com

fined him a nickel every time she caught him in a flagrant act of effeminacy. Following the death of his father in the great influenza epidemic after WWI, he was exiled to a military academy, a blessing in disguise since he came to see it as his real home. In the late 1940s, you had a relationship with Pauline Kael, who wasn’t yet the great film critic she would become. “She was just fresh out of UC Berkeley. She was a passionate film buff and had that thing which is so remarkable: total recall of a film on seeing it only once, including all the dialogue, which I always found bewildering. If you ever asked Pauline if she had seen a film again, she said, ‘No, I never see a film again!’ When I started to make Mother’s Day, she was very excited and helped me a lot with it, in getting the costumes and the props, dressing the ladies.” See page 30 >>