Before Sept. 11 slapped an American flag on the rear end of every sport utility vehicle from San Diego to Yreka, another sort of political statement graced the zaftig rump of California’s suburban explorers. It was a three-word commentary on California politics, and for many voters it carried the same sort of universal appeal that those Stars and Stripes stickers held before their meaning morphed from “I feel sad about 9/11″ to “Repeal the death tax, put God back in the Pledge, and bomb the daylights out of Saddam Hussein, already.”
The bumper sticker said: “Anybody but Gray.”
At the time, it was a message of hopeful desperation. Across the political spectrum, Californians found something to dislike in Democratic governor Gray Davis. They blamed him for California’s energy crisis, they took offense when he announced that the job of the state’s elected legislators was to “implement my vision,” and they grew ever more suspicious that his obsession for campaign fundraising had created a “pay for play” environment in Sacramento. But if they could just hold on until November 2002, they could rid themselves of Davis by electing somebody — anybody — to take his place.
The problem is that “anybody” had to be somebody, and that somebody turned out to be stumbling Republican gubernatorial candidate Bill Simon. The silver-spooned son of Nixon-Ford treasury secretary William E. Simon might have hoped to hide his political inexperience and hard-right views — he’s antiabortion and pro-gun in a state that’s neither — behind his “I’m a successful businessman” mantra. But that was before the Ken Lays of the world took the sheen off of “businessman,” before news broke that the Justice Department was investigating tax shelters that Simon had used, before Simon set off a political fury when he at first refused to release his tax returns. And it was before the investment firm he owns found itself on the wrong side of a $78 million corporate-fraud verdict last month. Simon has declared the verdict “fundamentally flawed,” and his lawyers are fighting it. But for now, the jury verdict stands — a finding that Simon’s company defrauded a convicted drug smuggler with whom it was dealing over a pay-telephone company.
Anybody but Gray? Now it’s not so simple, even for those who seemed so determined to unseat Davis just a few months ago. As one GOP official acknowledged last week: “People are going to walk into the voting booth in November with their noses plugged, and they’re going to vote for the candidate who smells the least.”
For the White House, the odor emanating from California is particularly noxious. On the night of the March primary, the president promised Simon that he would do whatever he could to help him beat Davis. Bush will keep his word this week, when he travels to California for three long-scheduled Simon fundraisers. The events will beef up Simon’s TV advertising budget — at the end of June, Simon had about $5 million in the bank compared with Davis’ $30 million — but they’re unlikely to produce what Simon really needs: a visible vote of confidence from the White House.
Vice President Dick Cheney spent a day in California earlier this month but managed to avoid a public appearance with the candidate. Smart money says Bush will do the same. The three Bush-Simon fundraisers are closed to the press, and there is no sign yet that the two men will appear in public together. For Bush, it’s a lose-lose situation. Bush can ditch Simon and risk the appearance that the Republicans are abandoning California, or Bush can appear with Simon, invite all the comparisons he would like to avoid — sons of famous Republican fathers, “successful” businessmen dogged by allegations of corporate shenanigans — and in the process give up whatever credibility is left in his tough talk on corporate fraud.
Whatever Bush ends up doing this week, Simon must know that his days of support from the White House may be numbered. The Republican National Committee is watching California closely now. If polling reveals that Simon’s candidacy cannot be saved, don’t expect to see Bush in the state again.
It wasn’t supposed to be this way. Although California is typically kind to sitting governors — it hasn’t denied one a second term in 60 years — Davis seemed beatable in the weeks leading up to the Republican primary. The energy crisis was still fresh in the minds of the electorate, the once vibrant state economy had gone south in the dot.com bust, and — while more evidence would come later in a scandal involving Oracle — allegations that Davis had traded political favors for campaign contributions were beginning to gain traction with voters. Then there were the intangibles. Under a pompadour of white hair that seems somehow otherworldly, Davis comes across as bloodless and petty, both stiff and slick at the same time.
“You take Bill Clinton, subtract the charm, the libido and about 20 points of IQ, and you get Gray Davis,” says Jack Pitney, a professor of government at California’s Claremont McKenna College. “Davis represents all of the things that people didn’t like about Bill Clinton, and nothing that they did.”
With Davis’ approval ratings sinking below 50 percent, Republicans saw a chance to reclaim the governorship they had held — with the exception of Jerry Brown’s tenure in the late ’70s and early ’80s — since Ronald Reagan took office in 1967. Karl Rove and the Bush White House saw something even bigger: a chance to bring California back into the Republican fold by exposing the state to a candidate who represented the inclusive, big-tent wing of the Republican Party.
That candidate wasn’t Bill Simon. It was Richard Riordan, the outgoing mayor of Los Angeles whose professed pro-choice views put him in line with California voters. At Bush’s urging, Riordan entered the race for the Republican nomination and instantly surged to a huge — and seemingly insurmountable — lead over his lesser known rivals.
But then two things happened: Riordan started running against Gray Davis, and Davis started running against Riordan. For Riordan, it was a mistake; for Davis, it was what now appears to be the shrewdest of political ploys. With the support of the White House and astronomical early polling numbers, Riordan approached the primary campaign with his eyes locked on the general election. He barnstormed the state talking up his moderate credentials on abortion and gay rights, sometimes even getting himself to the left of Davis.
Davis, knowing that a moderate like Riordan would give him a real challenge in November, invested $10 million in TV ads attacking Riordan during the run-up to the primary. Initially, the beneficiary of Davis’ attack was Bill Simon, who captured the hearts of the Republican right and pulled off a come-from-behind victory in the primary. Now that the Simon campaign is in shambles — last week, Simon laid off half his campaign staff — the ultimate beneficiary of the Davis plan is likely to be Davis himself.
Today, Davis campaign manager Garry South crows that the Republicans bought a “pig in the poke” when they nominated the untested and unvetted Simon. When reminded that Davis did his best to make the sale, South snaps back: “All I can tell you is, in the political marketplace, caveat emptor.”
With a virtually unlimited budget for TV ads and an opposition candidate who is stumbling through scandals when he needs to be introducing himself to the voters, South is confident that Davis will cruise to an easy win in November. Barring a major Davis scandal, Pitney agrees. And given the general public distrust of Davis, the scandal would have to be a big one. The public, Pitney says, is “vaccinated” against anything less.
The Simonistas put on a brave face. They acknowledge that Simon has had a run of bad luck and that he has handled it badly. After weeks of editorial abuse for refusing to make his tax returns public, Simon finally allowed reporters to view the returns for such a short period of time that any sort of meaningful analysis was impossible. It was hard not to think that Simon had something to hide. And inexplicably, Simon apparently did hide the existence of the fraud case from his Republican brethren until the day the verdict came down. When the news struck, the GOP establishment was caught flat footed and slack jawed. With no advance briefing about the case, no one knew enough to spin the unhappy result.
Still, Simon supporters are optimistic that Bush’s visit this week will shift the focus away from their candidate’s business foibles. Then, they say, Simon must seize the opening to show that he’s a family man who cares about education, that he’s “not scary” on environmental issues, and that his business acumen — such as it is –gives him the “core competence” to govern the state. But even if Simon can’t distinguish himself in the coming weeks, his supporters say Davis is so unpopular that their man still has shot at winning.
“You don’t always have to get people into the ballot box to pull the lever for your candidate,” says Sean Walsh, a Republican strategist advising the Simon campaign. “You can educate the public enough about Gray Davis so that they (a) will not pull the lever for him, or (b) will not go to the ballot box at all because they’re disgusted with the Democratic side of the ticket.”
It may not be all that seemly for a campaign to push publicly for a low voter turnout, and it’s particularly ironic when the candidate himself has acknowledged — as Simon has — that he failed to vote in several recent elections. But for Bill Simon and his supporters in the Anybody but Gray crowd, it may be all they have left.
If increasing access to quality higher education is as crucial to U.S. economic growth as everybody seems to think it is, then two news item from California this week deliver a simple, straightforward message: We’re screwed.
1) Ace education reporter Nanette Asimov reported on Tuesday in the San Francisco Chronicle that the California State University system is withholding around $90 million in cash grants previously allocated to graduate students in the CSU system.
Graduate students across the 23-campus system began receiving financial aid notices this week and were astonished to see that the State University Grant that takes care of tuition for low-income students was missing. In its place was the offer of a federal loan at 6.8 percent interest.
2) Also on Tuesday, University of California officials announced a sharp increase in out-of-state student admissions to the U.C. system:
More than 23 percent of all those incoming freshmen will be out-of-state and international students who pay nearly three times more than California residents to attend UC…. The figures mark a big jump from last fall, when 18 percent of admissions were from out of state. And it’s almost double the percentage of foreign and non-California residents who were admitted in fall 2009.
The common link to these two data points: California’s increasing inability to fund its public university system. The CSU system has already weathered a 33 percent cut in its overall state funding — $1 billion — over the last four years, and faces another $200 million cut if Gov. Jerry Brown fails to convince voters to pass a state initiative authorizing a tax hike this November.
The UC system is in similar straits. Once upon a time, California gave every student who qualified for the UC system a completely free ride. Now the state pays only 11 percent of UC tuition costs. As a result, for in-state students, tuition has tripled over the last 20 years, to $13,200. But out-of-state students pay three times as much as that, a fact that has made them more and more attractive to admissions departments.
California’s troubles paying for higher education can be traced all the way back to the passage of Proposition 13 in 1978, which made it extraordinarily difficult for the state to raise taxes. But California’s s woes are by no means unique. In 2011, state funding for higher education dropped by $6 billion, or 8 percent nationwide. And with the federal government caught in the same vice grip — an intransigent refusal to raise taxes for any purpose whatsoever — there’s little help that can be expected from Washington. In fact, the same graduate students who are getting their unpleasant mail from CSU this week are due for another unhappy surprise on July 1, when interest rates on their federal student loans bump up, a result of one of the cost-cutting deals that was part of the debt ceiling agreement one year ago.
All these numbers add up to another simple, straightforward truth: Quality higher education is increasingly available only to those who can afford it. So income inequality becomes educational inequality, and the stratification of American society into haves and have-nots continues apace. If we’re looking for strategies on how to prosper in an ever more competitive global economy, this isn’t it.
This originally appeared on
Thanks to the smoking gun of Josh Fox’s sobering documentary “Gasland,” hydraulic fracturing has finally entered our renewable news cycle. Yet despite poisoning groundwater, freeing methane and literally creating earthquakes back east, fracking has a visibility problem in California.
The situation became less clear after a recent investigative report from D.C.-based nonprofit Environmental Working Group explained that California has experienced 60 unregulated years of widespread fracking, whose technical methods and geographical locations in the seismically active state exist outside of the public purview. It got darker after Gov. Jerry Brown’s administration wiped the state government’s Division of Oil, Gas and Geothermal Resources (DOGGR) website of fracking fact-sheets and documents. Good luck finding anything about fracking on the governor’s official site either.
“Since our report came out, the Brown administration hasn’t been happy with it,” Bill Allayaud, EWG‘s California director of government affairs, told AlterNet by phone. “They said we quoted their meetings but left out important quotes. But I don’t know what we left out, or how we could shine a better light on the situation. We’ve been trying to work with them now for over a year.”
There has also been a great disappearing act. According to Allayaud, gone is the issue’s main page, an account of fracking in other states, as well as what he calls an “inaccurate and misleading factsheet about fracking in California.” Gone also is a copy of a letter sent by the state in response to questions from Senator Fran Pavley (D-Santa Monica), chair of the Senate Committee on Natural Resources and Water, whose rebuffed inquiries about the extent of California fracking inspired assembly bill 591 (AB 591), currently at the center of a tug-of-war between the interested citizenry and an industry that seems desperate to avoid transparency.
Punch the term “fracking” into DOGGR’s search today and you’ll receive a white screen with the perhaps accidentally ironic query “Did you mean: cracking” in response. That’s probably funny to even most Californians, whose fault-laced state is due for its next catastrophic earthquake, but it doesn’t inspire confidence that DOGGR is taking fracking seriously.
“No word on that, sorry,” DOGGR spokesman Don Drysdale told AlterNet via email when asked for clarification on the division’s online document scrub, or whether they will be replaced or upgraded. Drysdale also explained that DOGGR doesn’t have regulations requiring that operators report when, where and how they use hydraulic fracturing to stimulate production. He also said that information from DOGGR regarding fracked wells in the San Joaquin-Sacramento River delta gas fields near shallow groundwater is “not available, and that “we do not have records” of offshore fracking operations in the Long Beach-Santa Barbara drilling area.
“However, the City of Long Beach has its own oil and gas department and may have some information,” he added. “We recently began to request that operators voluntarily report their hydraulic fracturing operations (PDF) to FracFocus, a public Web site run by the Groundwater Protection Council and Interstate Oil & Gas Compact Commission.”
This Kafkaesque labyrinth doesn’t exactly inspire confidence that DOGGR “has regulations designed to ensure well integrity and to protect underground resources,” as Drysdale claimed to AlterNet. If it did, there’s a good chance that AB 591 wouldn’t exist in the first place. That law proposes to legislatively define the fracking technique and disclose its “chemical constituents,” recognize its “long history of its application within the state,” evaluate its impact on California’s natural resources and “geologic and seismic complexity,” disclose its sources and amounts of water used and relay any data on “recovery and disposal of any radiological components.” That a bottomless well’s worth of disclosure demands for a regulatory regime professing to do its job just fine, thanks.
It is also why “DOGGR was raked over the coals” in a March 28 budget hearing “that was more about fracking than anything else,” according to Allayaud, who attended. At that meeting, California Department of Conservation (DOC) director Mark Nechodom was rebuffed in his efforts to procure more funding and positions for DOGGR. That fact that he repeatedly assured Assembly members that DOGGR was regulating fracking but was unable or unwilling to disclose the location of any fracked wells or well-casing failures to those members might have had something to do with it. By meeting’s end, Nechodom promised to prepare fracking regulations, undertake a scientific inquiry into its practice, and conduct a series of listening sessions in the state.
Better late than never, but DOC and DOGGR still need to speed the plow. According to a report from the Center for Investigative Reporting’s Tia Ghose, both the Center for Biological Diversity and Sierra Club are suing the Bureau of Land Management to prevent fracking on federal lands (PDF) — 2,500 “environmentally sensitive” acres in Monterey and Fresno counties have already been leased. The BLM has suggested that it’s mostly grazing land that has been leased before but still remains undeveloped, and consoled worriers by explaining that the agency executes environmental reviews in the drilling permit process.
“Our case is proceeding in the district court on a normal schedule, but there hasn’t been any merits briefing or rulings yet,” Sierra Club attorney Nathan Matthews told AlterNet. “Nobody from the state has contacted us about this suit. The BLM Web site lists who purchased the leases, but presumably the land could be developed by someone else. Our claim demands that BLM assess these types of risks before proceeding to allow development.”
Like DOGGR before them, the BLM’s distaste for transparency on an issue as controversial as fracking is counterproductive, and could prove costly in the final analysis if the problems that continue to plague the practice back east migrate westward. But their profit-oriented perspective nevertheless comfortably aligns with the industry itself, which seems all too content to rely on hindsight rather than foresight when it comes to tragedies large and small.
“An original version of AB 591 we had last year asked the industry to map where it was fracking in California, and indicate any active seismic fault within five miles,” said Allayaud. The industry’s non-profit trade group Western States Petroleum Association “said it wanted thatout. When I asked why, the answer I got was, ‘Look, if we were causing earthquakes through drilling, injection wells or fracked wells, you would know it. Look how many geophysicists are running around the state looking at earthquakes.’”
That flippant industry response, taken together with those of the California agencies overseeing that very industry, has only galvanized regional opposition. Many more will inevitably follow AB 591 and the joint complaint against BLM if industry and government alike condescendingly assert that everything is under control to a citizenry told too many times to keep its nose out of its own affairs. The fight over AB 591 exists precisely because the industry won’t release its fracking data, from the location of its wells to the chemical makeup of its bedrock-fracturing injection cocktails, without rigorous enforcement.
To play fair, the EWG stripped the mapping requirements near active seismic faults. “We agreed to take it out because the industry is trying to be cooperative,” Allayaud told AlterNet. “They’re not opposing the bill.”
For his part, Allayaud isn’t too concerned about California’s fault-riddled seismology or inevitable earthquake catastrophes. So far, neither is the United States Geological Service, whose Web site search results on fracking are more extensive than Governor Brown and DOGGR’s blank pages. The USGS explains that California’s faults are better studied and understood than anywhere else in the nation, and that its populaces are also better prepared for earthquakes large and small. “Hydraulic fracturing has been taking place for many decades in California,” the USGS Earthquake Science Center’s Art McGarr told AlterNet, “mostly to stimulate oil and gas production in old fields.”
“In any event, there is little likelihood that any fracking operation could perturb a nearby active fault so as to trigger a major earthquake,” he added. “The stress changes associated with fracking are much too small and localized to interact with a fault capable of producing a significant earthquake. In other parts of the country where fracking has enabled gas production from tight shales, the fracking has not caused earthquakes of any consequence.”
To McGarr’s knowledge, there are no high-volume waste-water injection wells in California located within areas of high population density, and he guesses that will continue to be the case. But we’ll never know until the federal and state government is compelled by a plugged-in citizenry to force the industry’s hand, and disclosure. Until that happens, they will side with controversial corporations like Halliburton, which is leading the opposition against AB 591 by arguing that disclosing the chemical cocktails it uses to fracture wells would be a violation of trade secrets. And the last-gasp natural gas bubble that fracking enables will continue to create flammable groundwater and destabilized grounds. Once it becomes apparent that the green defense of fracking is negated by more methane, which is 25 times more powerful a greenhouse gas than CO2, then hydraulic fracturing’s disclosure game will be up.
In hindsight, it will look like a bunch of junkies who just didn’t know when to stop tapping fossil fuel’s disappearing veins.
“We need strong disclosure rules with narrow trade secret protections,” Matthews explained to AlterNet. “BLM will be announcing a proposed disclosure rule in the coming weeks, and the public will be able to submit comments on that.”
“The Brown administration still says there is no urgency to create regulations to deal with fracking,” said Allayaud. “Their focus is on getting permits for regular oil drilling out the door faster. We think they have the capability to do both, and I think AB 591 will push them in that direction, because they need to be pushed. I’ve never seen a state agency behave this way, and I’ve been working around them for 36 years.”
By turns playful, suggestive and bewitching, the photographs in a new show at the Palm Springs Art Museum propel us back through the decades, to a time when the glamour of choreographed capitalist displays had a singular hold over the American imagination.
These images, though diverse in many respects, all have one thing in common: the swimming pool. That, and their mid-to-late 20th-century Southern California backdrop.
The exhibition is part of “Pacific Standard Time,” a multi-institutional project devoted telling the story “of the birth of the Los Angeles art scene and how it became a major new force in the art world,” sponsored by the Getty Research Institute. Over the phone, curator Daniell Cornell explained the place of the swimming pool in Southern California’s cultural history, and discussed the show’s principal themes — from architecture and suburban idealism to the cult of the Hollywood celebrity. Click through the following slide show for a sun-soaked trip back in time.
Had you considered doing a swimming-pool themed photography exhibition before “Pacific Standard Time”?
I’d been thinking for a long time, actually — ever since graduate school — about trying to do an exhibition that investigated a theoretical concept: the notion that a place is both a real, topographic entity and an ideological construct … It’s just an idea I’ve been wanting to explore. When the opportunity came to apply for a grant to do an exhibition as part of this larger project looking at art in Southern California, I realized that it was the perfect opportunity to begin to explore that idea.
When I started thinking about it … I realized that in many ways, in the post-war period, Southern California was the ideal of what the American dream was going to look like. At the center of that was the swimming pool, and suburban expansion, and the concept of everybody living in this place that didn’t have the danger of nature, but had all the benefits of the natural landscape. A place that was away from the city, but at the same time felt domesticated. I started thinking about the pool as the central icon of that both real and imaginary place. And it grew from there.
What do swimming pools say about Southern California in particular (that they don’t say, for instance, abut other parts of the country, such as the Midwest or New England)?
Well, in the immediate postwar period of the ’40s, ’50s and even ’60s, there weren’t that many swimming pools elsewhere. Maybe in Florida, which had a similar kind of expansion at that time. But Southern California was growing very rapidly in terms of suburbia in that period, and that expansion included houses that incorporated swimming pools. I grew up in the ’60s and ’70s in Seattle, and I envied Southern California — because in Seattle, in the summer, we would drag out our above-ground swimming pools and set them up and pretend that we lived the same kind of life that I imagined people in Southern California lived all the time. Thinking about kids my age in the ’70s growing up with swimming pools in their backyard and having this kind of experience as the norm for their life — that was a very seductive sensibility. I don’t think that that was unusual, when you look at how much Hollywood promoted itself and Southern California as an ideal for the country. You pretty much see it everywhere.
Two themes that seem immediately apparent in many of these images are architecture — that is, the houses or buildings we often see beside the pools — and sex.
The exhibition is divided into thematic groups. It does start with California architecture and design, because swimming pools were at the center of the way that mid-century architects here in Southern California were thinking about modern architecture. The pool created a very porous experience between indoor living and outdoor entertaining. These were houses literally built for entertaining, and the movement from the inside to the outside was part of how Southern California architecture was developed … The pool really allowed for fluid movement between those spaces. So architecture and design is certainly at the beginning of the way that you would want to think about pools, in the period from 1945 to 1982 in general, in Southern California.
In addition, this is a period in which … culture was creating an image for the Hollywood celebrity that was built around the pool. You see all of these images of Hollywood celebrities — supposedly just casual, unscripted moments. [But] none of those photographs are meant to do anything except promote the persona of the celebrity. They give you this impression that what you’re seeing is the “real” celebrity, when in fact you’re seeing the carefully narrated Hollywood persona that that celebrity is based on.
[Another section of the show focuses on] suburbia, and how much the private, backyard pool (as opposed to the public pool) was at the center of suburban life. There were some public pools in suburbia, but the ideal was a private, protected space; especially in the ’50s, it had very much to do with this notion that we Americans had a private experience — as opposed to the communal experience of the Soviet countries. When you look at what people circulated in terms of photographs, and even what they said about their own experience, it almost always revolved around things that they were doing in the backyard. If they were lucky enough, it revolved around a pool in the backyard. And as you say, because of the very nature of the fact that, when you’re around a pool, you’re wearing a swimsuit, it becomes an opportunity for the body to be on display.
[The final section of the exhibition is a conceptual one.] I wanted this show to be not just about these social topics, but also about what was happening in photography during the period. 1945 is a high modernist moment in photography, and the earliest photograph in the show is by Ruth Bernhard, who emigrated from Germany to escape the Nazis. She went first to New York and then to Southern California, and her images represent all of the things that you would expect in a high modernist photograph: … even though it’s representative, there’s a very abstract organization of the forms and the shapes in the image, because it’s done through high contrasts of light and dark.
As you move through the period, you get photography really blurring the boundary between popular culture and high culture, because photographs circulate in commercial advertising; they circulate in journalistic reporting; they exist in lifestyle magazines as well as in professional trade journals … all of those things in addition to showing up as fine art in museums.
Then, in the 1980s — that’s when photography goes big; that’s when Cindy Sherman’s photographs go up on the wall large, and Barbara Kruger’s imagery goes up big, and David Hockney first takes his smaller Polaroid images and montages them together into something large enough that it can go up on the wall and challenge painting as the dominant mode in contemporary art practice. You see this shift from a very high modernist fine art practice to color photography that we recognize as a part of postmodern contemporary art. That really literally happens from 1945 to 1982, so it spans the dates of this show. The conceptual section really shows you how photography used the pool, not as a subject, but as an opportunity to explore all kinds of developments in photography as an aesthetic mode itself.
The exhibition features several works by David Hockney — and several that were inspired by him (or even actually incorporate him [slide 10]). Can you talk a little about his art and influence?
[The Hockney photo in your slide show,] “John St. Clair Swimming,” [slide 9] is actually very small. It’s typical of a series of images he took; he used photography in the way that other artists might use a sketch or a prefatory painting: as a way to think about his compositions. That image of John St. Clair swimming became source material for a later famous painting by Hockney that is actually set in Italy. But that particular image [was taken in California].
When I decided to do this exhibition, I knew it had to have Hockney, because if you say “the swimming pool in Southern California,” the first thing that comes to almost everybody’s mind is Hockney. It’s ironic, though — I don’t think most people know that he only painted 15 paintings of swimming pools. They loom so large, because they circulated so widely through reproductions and in the popular imagination that people think he must have painted dozens of them. But he only did 15.
“Backyard Oasis: The Swimming Pool in Southern California Photography, 1945-1982″ is on display at the Palm Springs Art Museum in Palm Springs, Calif., through May 27, 2012.
View the slide show
California has long been a hotbed of political activism, so it’s no real surprise that residents across the state are expressing their solidarity with the Occupy Wall Street movement. In fact, in the relatively small tract of land between Los Angeles and San Diego, a number of groups have staged protests of their own. Here’s a roundup:
Occupy Los Angeles: A group of 10,000 to 15,000 protesters — not just Angelenos, but Californians from near and far — marched in dowtown L.A. on Saturday. According to the Los Angeles Times:
Despite the frustration and anger that many protesters expressed, the march took on a decidedly festive atmosphere. Families walked together, with mothers carrying babes in Snuggies and tattooed fathers toting toddlers on their shoulders. One woman twirled a Hula-Hoop around her middle as she walked. A man strummed a guitar. Several people pounded drums.
Occupy Long Beach: Though only a few dozen protesters reportedly came out for a Sunday protest, a few ran into trouble when they set up camp in the city’s Lincoln Park. From the Los Angeles Times:
Police said that the 35 to 40 demonstrators in Long Beach’s downtown Lincoln Park were peaceful Sunday and that most of them followed an order to move to the sidewalk when the park closed.
But as police searched tents in the park, they found a few had stayed behind. Those arrested and cited were among those who refused to leave, police said.
Occupy Orange County: A bastion of conservatism in a solidly blue state, Orange County hasn’t swung for a Democratic presidential candidate in decades. That doesn’t, however, mean that there isn’t some genuine frustration with the establishment. A group calling itself Occupy Orange County assembled in Irvine, Calif., on Saturday in solidarity with OWS, drawing a crowed of 1,000-plus demonstrators. Similar protests have popped up in Anaheim and Orange, with another planned for Santa Ana this upcoming Saturday, according to the Orange County Register:
Occupy Riverside: A group of some 200-to-300 protesters assembled at Riverside’s downtown mall area over the weekend. City officials have granted permits to camp out nearby, but also set a number of restrictions for conduct at the mall, which the city has reportedly spent “millions of dollars” renovating recently.
Per the Press-Enterprise:
Demonstrators waved signs with slogans such as “Banks got bailed out; We got sold out” and the now-familiar “We are the 99 percent,” and cheered when passing cars honked in support.
Occupy San Diego: The refusal of protesters to remove their tents near City Hall resulted in arrests and pepper-spraying on Friday. Since then, the atmosphere among the dozens of remaining at Occupy San Diego has been substantially more low-key.
According to Sign On San Diego:
Demonstrators…adjusted to the mandate by police late last week prohibiting all but one tent in the Civic Center Plaza, a stark contrast to the movement’s tent city that formed during the first week of the protest.
Protest signs continued to dot the downtown plaza with messages such as “Separation of Corporation and State” and “End the Fed.”
Back in July, I interviewed a drug policy expert about an apparent change in Justice Department policy that suggested a crackdown on medical marijuana — which is legal in many states but illegal under federal law — might be coming.
Now, with the announcement last week by California’s four U.S. attorneys that pot dispensaries will be targeted with harsh criminal sanctions, the shift feared by drug policy reform advocates appears to have come to pass. The rhetoric from candidate Barack Obama about not prioritizing medical marijuana cases now seems a distant memory.
To learn more about what’s happening in California, I spoke to Bob Egelko, a veteran reporter who covers courts for the San Francisco Chronicle and has been following the story.
Starting with the basics, what is the medical marijuana law in California and what does it allow for?
In 1996 the voters approved Proposition 215. It allows people to receive marijuana for medical purposes with their doctor’s approval — not prescription, but recommendation. It also allows them to grow it themselves or get it from a caregiver without being prosecuted under state law. It was the first law like that in the country, and there are now laws somewhat similar to it in 15 other states plus the District of Columbia.
Before this week, what has the federal response been to medical marijuana use in California?
There was opposition even before Proposition 215 passed. The Clinton administration made it clear that it opposed Prop. 215 and moved almost immediately to try, first of all, to punish doctors who recommended marijuana to their patients by removing their federal prescription licenses. That was rejected in court. The administration also moved to shut down some dispensaries for violating federal law. That reached the Supreme Court, which agreed with the administration and allowed closure of an Oakland marijuana collective. So the federal government has been pretty much hostile to the California law from the beginning, with the possible exception of the initial year or so of the Obama administration.
How big is the industry in the state?
It’s a very good-sized industry. A conservative estimate of its size is $1.5 billion per year. There are more than 1,000 dispensaries. There was a recent account suggesting that 400,000 Californians may be using medical marijuana. Of course there’s not always rigorous screening as to which use is medical and which is not. That depends on how rigorous doctors are.
So bring us up to the present — where has the Justice Department been on this?
In October 2009 the Obama DOJ announced it would not devote prosecutorial resources to people who were complying with their state’s medical marijuana laws, in California and elsewhere. This was very much in keeping with what Senator Obama said during the presidential campaign: that basically states could go their own way and he was not interested in interfering with them carrying out their own policies. This past June, the Justice Department issued a memorandum saying in effect, “We don’t want to be misunderstood here. What we really meant was, we’re not going to target individual patients and their caregivers. But we certainly are not going to let commercial dispensaries off the hook.” That was in keeping with what they have been doing: a lot of raids, continuing prosecutions of people who had been charged under the Bush policies, pressing for long sentences, and so on.
This past week, all four U.S. attorneys in California held a press conference in Sacramento to announce they would be going after dispensaries, which they regard as commercial entities. They said these entities were hiding profit-making machines under the cover of providing medical marijuana. The prosecutors said these dispensaries would be subject to civil and criminal forfeiture actions. Each of them announced that they had already notified landlords of various dispensaries that if they didn’t close them down the landlords themselves could be subject to prosecution.
Have there been other concrete steps taken yet?
Several of the prosecutors named charges they had brought against large-scale operators, with hundreds of pounds of marijuana confiscated. There have been warning letters sent out. Fewer of those have gone out in the San Francisco Bay Area, where the U.S. attorney says she is focusing on dispensaries that are near parks and schools and the like.
This is not the only action the federal government has taken. A couple of dispensaries have been hit with very large tax-enforcement actions recently. The IRS has said they will not be allowed to deduct business expenses or payroll, which essentially would bankrupt the dispensaries. There is a combination of anxiety and anger in the medical marijuana community.
The prosecutors made a lot of the distinction between for-profit and nonprofit dispensaries. Why does that matter?
When Jerry Brown, now the governor, was attorney general, he issued guidelines in 2008 that said only not-for-profit dispensaries could operate legally. Of course there is always a question of what is and is not for-profit. It doesn’t seem to be in dispute that most of these dispensaries have been operating with either the tacit approval or the formal blessing of the state and local government. A lot of them have permits, or the local police or district attorney haven’t gone after them.
I know the Justice Department has said this is not a change in policy. But is there a clear sense of why the DOJ is cracking down at this particular moment?
There’s a lot of speculation about election-year politics. But there’s always been a certain amount of tension between the U.S. attorneys and Main Justice. Even when policies are announced in Washington, they have to be implemented by these semi-autonomous U.S. attorneys, whose policies vary. Many of them don’t take too kindly to the notion that they’re to ignore violations of federal drug law just because the state sanctions it. There may be internal Justice Department politics at work. It could be that strategies change over time. No matter what the Justice Department says, this is certainly a change in philosophy. Previously they were talking about cutting the states a lot of slack. They’re not talking about that now.
Jerry Brown (Credit: Reuters/Lucy Nicholson) 
A gas flare burns at a fracking site in rural Bradford County, Pennsylvania January 9, 2012 (Credit: Reuters/Les Stone) 
Lawrence Schiller, "Marilyn Monroe," 1962.(Credit: Courtesy of Judith and Lawrence Schiller; Lawrence Schiller © Polaris Communications, Inc.) 
San Diego Police clash with demonstrators at the Civic Center Plaza Friday, Oct. 14, 2011 in San Diego. (Credit: AP/Lenny Ignelzi) 
Right: DEA agents remove marijuana plants from a dispensary in San Francisco (Credit: AP/Salon) 
