The Redwood Empire Fights Back

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As the clock winds down on 2016, it’s customary for us scribes to take a thoughtful look back at the year that was and assess the highs and lows and lessons learned. Well, screw that. Twenty sixteen was a Dumpster fire for the ages, and I will be glad to see it go.

Things got off to a bad start when David Bowie died in January, and it pretty much went downhill from there. Sure, there were some high points (give me a minute, um . . . in May, Portugal powered itself for four days in a row with renewable energy, and the Dungeness crab season opened after a bad 2015, and . . . lots of cute puppies were born), but the unfathomably awful presidential election and obliteration of basic standards of decency that culminated in the election (thanks, Vladimir) of a spectacularly unqualified and despicable human being was the story of 2016.

So instead of looking back—in anger and regret and nausea—we look forward, and are cheered by the good work and everyday forms of resistance we see here in the North Bay and statewide.

If there’s a silver lining to the orange menace that looms over the land, it’s the determination to persevere and stand strong in the face of what may come. As we enter the Trump era, we have reason for cautious optimism. See you on the other side.—Stett Holbrook

THE FIGHT FOR $15

Gov. Jerry Brown signed a phased-in increase to the California minimum wage that will be fully implemented by 2022 and ramp the state wage to $15 an hour. Marty Bennett of North Bay Jobs with Justice says it’s a good start, a big victory at the state level, and his organization is planning to keep the pressure on so that by the time 2022 rolls around the state will already have enacted a $15 wage floor through local efforts. The bottom-up push is exactly the model that’s led to numerous states and municipalities raising their minimum wages, even as the federal minimum wage stagnates at the sub-poverty rate of $7.25 an hour.

It’s not going to be an easy fight. The incoming president said throughout his campaign that wages are too high. He said a lot of things, so there’s that. But Bennett says the fight will stay local and that the localities will serve to push public policy in the right direction at higher levels of governance.

“We want to be moving local policy that will raise the wage floor here and that will continue to ripple up,” Bennett says.

His organization has been looking at the work done by a similar group to Jobs with Justice in Santa Clara County that led San Jose to update its own phased-in minimum wage to the $15 mark. Bennett says as San Jose goes, so goes other municipalities in that county—and a dozen already followed suit after San Jose’s announcement.

Bennett hopes to see that effort replicated at the city level in Santa Rosa, and notes the popularity of the Fight for $15 movement, even in the face of a fight against a bunch of kleptocrats taking over the country.—Tom Gogola

LEGISLATIVE PUSHBACK

Earlier this month, State Sen. President Pro Tempore Kevin de León introduced his California Values act, a throwdown at Trump grounded in empathy, decency, reason and facts. Naturally the alt-right enablers in California didn’t like it much, given de León’s emphasis on immigration and laying off the get-out cruelty at the heart of the Trump regime. de León’s SB 54 sets out to “ice out ICE,” referring to the Immigration and Customs Enforcement agency, or the Trump Deportation Force, depending on your level of cynicism about such things. Other local politicians have offered their own more direct push-back to Trump; U.S. Rep. Jared Huffman offered his colleagues a “Hey, There’s Only One Freaking President at a Time” bill to highlight that Trump, despite what those who elected him might want to believe, is not president until Jan. 20.

Huffman previously offered a bill that set tax-disclosure rules for any future presidential candidate who decides to lie about how he’ll he release those taxes but never does. Back in Sacramento, State Sen. Mike McGuire just this week offered a close-to-home tag-team to Huffman in a bill he co-sponsored that would compel federal tax disclosure on any presidential candidate who wants to be on the ballot in California.—T.G.

AFFORDABLE CARE ACT

The Republican Party’s zeal to abolish the Affordable Care Act is among the more gruesomely inhumane GOP gestures this side of eliminating Medicare and forcing Americans to recite Ayn Rand maxims under penalty of a death panel established by House Grim Reaper Paul Ryan. The old-time expression for this sort of hyper-aggressive posturing in pursuit of the death of the meek (who shall not, under any circumstance, inherit the world if Donald Trump has anything to do with it) used to fall under the generalized rubric of “social Darwinism,” where might makes right and only the strong survive (it helps if they are billionaires).

The problem with the social Darwinist construct is that half of these would-be Obamacare killers don’t believe in evolution in the first place. Hell, the upcoming vice president doesn’t even believe in dinosaurs. What is to be done? Well, defend the flawed, but good-faith Obamacare, for one thing, despite the fact that it didn’t usher in the progressive dream of a single-payer system.

Organizing for America is a post-Obama progressive group with a sturdy, activist presence in the North Bay. The group had pledged to refrain from making any noise about the upcoming administration until after Jan. 20, but given Trump’s promises to “repeal and replace” Obamacare on day one, OFA has taken off the gloves for the fight in the hopes of sandbagging that pledge.

Congressional Republicans, led by California’s Kevin McCarthy, have vowed to issue a repeal bill on Jan. 3 and put it on Trump’s desk immediately. So instead of waiting for Trump to take office, OFA announced this week that it had launched an aggressive pushback campaign, in conjunction with health-advocacy groups from around the state. They’ve started to call states and districts where there are vulnerable Republicans to push the point that repeal will have immediate negative impacts on vulnerable constituents who have come to rely on Obamacare’s many benefits to keep them from, you know, dying.

Organizing for America isn’t waiting for the body count to pile up or for the alt-right to show up en masse at the nearest emergency room with bloody Gadsden flag tourniquets wrapped around their self-inflicted wounds, flying triumphantly over their dumb and self-defeating obsession with destroying Obamacare.—T.G.

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AFFORDABLE HOUSING

The North Bay is already home to the grand-pappy of the tiny-house movement, Lloyd Kahn, and this is a part of the world where significant legislative attention has been paid to the growing unaffordability of housing. Whether that attention has yielded any tangible benefit to workers and middle-class strivers is subject to debate, but Sonoma, Marin and Napa counties have each in their own way tried to come up with humane and creative solutions to the chronic high cost of housing and the corollary of homelessness amid stunning wealth and beauty.

Organizations such as the Fair Housing Advocates of Northern California have already been doing the yeoman’s work on behalf of homeowners and tenants around the Bay Area, and now the organization has changed its name to reflect the reality of the work it has been doing all along in the North Bay (it was formerly Fair Housing of Marin). The group has joined in two recent lawsuits and complaints that charge housing discrimination against big lenders like Fannie Mae and OneWest Bank. The organization’s executive director Caroline Peattie says the fight is on.

Peattie’s group has already pushed back hard against the proposed anointment of OneWest mortgage vulture Steven Mnuchin to head the Treasury Department. In a recent interview, she noted that “organizations like ours are feeling beleaguered and also feeling more strongly than ever that we really need to put our noses to the grindstone and work to ensure that we can do everything we can to help civil rights of consumers.”—T.G.

IMMIGRATION

The state has already stood up loud and proud against any threatened return to ICE raids and dehumanizing policies around undocumented immigrants in the state. Cities are declaring themselves sanctuaries, and human rights commissions at the local level in places like Marin County are pushing out defiant memos playing off of Kevin de León’s recent and well-received missive about California values and saying, in effect: Leave our workers alone.

It’s not just talk. North Bay Jobs with Justice’s Marty Bennett notes that his Sonoma County organization is one of many that has pledged to join a rapid-response effort being coordinated in San Francisco that would deploy mass protest in the direction of any promised ICE raid or beat-down of an immigrant at the hands of cruel policymakers or thuggish law enforcement officers.—T.G.

FIGHTIN’ LYNDA HOPKINS

Sonoma County supervisor-elect Lynda Hopkins has come out swinging against Trump.

“I do think we need to pick a fight, because this isn’t about Democrats or Republicans,” she says. “He has essentially declared war on progressivism. He has declared war on environmentalism. He has declared war on labor.”

During her hard-fought campaign against Noreen Evans, she jokingly wondered if she could move to Canada if she and Trump both won. But she’s staying put and says she wants to move aggressively against the next president.

“I don’t think we can reach our hands across the aisle and say, ‘Let’s be nice,'” she says. “Because that’s not the strategy he is using. This is not an administration you can necessarily work with, in all the signals we have seen thus far.”

She was heartened by state Kevin de León’s “California values” legislation and says talk of secession and CalExit are misguided.

“We need to lead the country in the right direction. If we just secede, which is probably not even legally possible, then what happens to the rest of the country? I want to see us as the progressive beacon and a leader to a more progressive future. I don’t want to just abandon the middle of the country.”

Hopkins says she is most troubled by Trump’s positions on immigration and climate change. On the immigration front, she is working with outgoing Supervisor Efren Carrillo, immigration attorney and Sonoma County Commission on Human Rights member Christopher Kerosky, state Sen. Mike Thompson and the county counsel’s office to create a local effort to fight Trump-led deportation should it come to pass. One idea she mentioned is creating a conduit of resources for those fighting deportation proceedings.

“I think this is something we need to look at sooner rather than later,” she says.

While Hopkins is not interested in breaking bread with Trump, she says she does want to reach out to his supporters, many of whom live in the 5th District, a region she says is a microcosm of America.—S.H.

LEGAL CANNABIS

While we thought Proposition of 64 was too much too soon, recreational cannabis is now legal in the Golden State. That’s good news. Possession of marijuana won’t land you in jail and clog up our courts and jails anymore. As the stigma of cannabis consumption ebbs and more research is done on medicinal uses, we hope more people look to the herb for its therapeutic properties as an alternative to Big Pharma.

Go Local’s Terry Garrett has put the value of Sonoma County’s cannabis crop at $3 billion. If he’s even half right, the economic impact of this homegrown industry will continue to provide a sturdy leg to the local economy and a bulwark against any (God forbid) collapse of grape monoculture and wine-industry economy.

One of the thorniest issues will be how small-scale growers survive the mainstreaming of the industry. Last week, the Sonoma County Board of Supervisors took the misguided step of banning cultivation in rural areas and thereby perpetuating illegal cultivation and crime there. Will that mean that only operators who can afford pricy industrial and agriculturally zoned land be able to compete? We hope not. The good news here is that the industry is coming out of the shadows and demanding a place at the table to shape their future.

Of course, if the odious Jeff Sessions is confirmed as U.S. Attorney General, the legal cannabis industry could all come crashing down, but our guess is that he’ll leave it alone given the growing value of legal pot (both financial and medical) and the president-elect’s claims in support of state rights.—S.H.

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ART GETS REAL

The future of our culture, locally and nationally, is not going to be determined by Beyoncé doing a stadium tour; it’s going to be found in the cafes, clubs, parks, libraries, galleries and town squares where we engage with friends and neighbors on a personal level.

North bay event promoters like Shock City, USA and Sonoma County Metal & Hardcore bring the best of anti-establishment music from around the country and the world to our doorstep, and local bands like post-punks Red Wood, whose latest EP Wildfire is out now, fearlessly rail against a society that embraces false positivity and stays silent in the face of fascism.

Painting Trump in a bad light is not enough. We’ll be looking for art that employs compassion in
all forms of creativity.—Charlie Swanson

CLIMATE CHANGERS

While Trump is busy stacking his administration with stalwart climate-change deniers in service of the petroleum industry, Sonoma County and California continue to be leaders in the fight against climate change.

At the state level, Gov. Brown threw down against Trump in recent comments to the American Geophysical Union conference in San Francisco.

“We’ve got the scientists, we’ve got the lawyers and we’re ready to fight,” he said.

As the fifth largest economy in the world, what California does to combat climate change will have real impact, Trump or not. At the local level, Sonoma Clean Power reports that it has saved customers more than $62 million in electricity bills with energy that is 48 percent lower in greenhouse gas emissions than that offered by PG&E.

“It’s such a huge achievement for this community,” says Ann Hancock, executive director of the Santa Rosa–based Center for Climate Protection.

Meanwhile, spurred in part by Sonoma County’s example, more than 300 communities are considering the creation of local clean power utilities.

“It’s going gangbusters across the state,” she says. “Sonoma County’s impact extends far and wide.”

Even though Trump has threatened to pull out of the Paris climate accord, Hancock is cheered by the fact that 198 other signatories are going forward. “It’s going to be hard for [Trump] to mess with something that big.”—S.H.

LOCAL PHILANTHROPY

Although the election was just a few painful weeks ago, donations to state and local nonprofits working to fight challenges to human rights, reproductive health, the environment and other causes at risk to the new administration are already pouring in. Fear, anger and defiance are apparently good motivators.

Three days after the election, the Sierra Club reported it had added more monthly donors than it had in all of 2015. The Oakland-based nonprofit also raised $110,000 in less than 24 hours after making an appeal to supporters. That was the most from a single email appeal in its history.

Meanwhile, Planned Parenthood said it had received an unprecedented 160,000 donations in the week after the election, a good thing since the federal government subsidizes the organization to the tune of
$390 million for clinics across the country, mainly for services to low-income Medicaid patients, testing for sexually transmitted diseases and non-abortion-related birth control.

Closer to home, Elizabeth Brown, executive director of Community Foundation Sonoma County sees some encouraging trends. Her organization helps donors channel their resources into hundreds of local nonprofits.

While she’s aware of increased donations to national organizations like the Southern Poverty Law Center, the Mexican American Legal Defense Fund and the ACLU, she says many local philanthropists are “doubling down” on local organizations they already supported in defense of immigrant rights, women and children in need, and LGBTQ issues.

“Some of them are saying, ‘This is a time maybe when we need to step up.'”

Since we don’t know what Trump will do, there’s an effort to be strategic rather than reactionary, she says. That’s heartening, because strategic philanthropy is likely to be more long-term than a one-time, for instance, to help victims of a natural disaster.

Brown also reports that donors are looking to do more than give money and are wanting to get personally involved, with efforts aimed at bridging the social and economic divisions laid bare by the election in the Sonoma County and nationwide. “We’re having a wake-up call about how well we know each other,” says Brown.

San Rafael’s 10,000 Degrees, a nonprofit that helps low-income students in the North Bay with funding and supportive services for college, is seeing a jump in both the number and size of donations, as well as open-ended offers to volunteer.

“People are really thinking about how they can have the greatest impact in the fastest way,” says Kim Mazzuca, the group’s president and executive director. “The spirit of philanthropy has become much more deeply personal.”—S.H.

North Bay Cabaret Says “Happy Birthday, Jesus”

Happy Birthday Jesus
North Bay Cabaret’s monthly variety show always keeps it seasonal, and this month’s Christmas-themed show is the most wonderful time you’ll have this week. Giving props to the big man up top, North Bay Cabaret says “Happy Birthday Jesus” on Friday, Dec 16, at Annie O’s Music Hall in Santa Rosa with its signature offering of burlesque, spoken word, circus acts and music that is sure to make you merry.
Headlining the show is Jamie DeWolf, host of underground troupe Tourettes Without Regrets and producer of NPR’s Snap Judgement. Other performers will include burlesque clown Snatch Adams putting on a holiday-styled unicycle routine, Santa Cruz dance group Gold Town Burlesque debuting their latest act and Cassandra Holloway, who employs live snakes in her belly dancing.
Along with the entertainment, a raffle benefitting Standing Rock water protectors will let you grab a variety of cool gifts and goodies. And a late night dance party keeps the yuletide vibes flowing until 2am.
Jam with Jesus on Friday, Dec 16, Annie O’s Music Hall, 120 Fifth St, Santa Rosa. doors at 8pm, show at 9pm. $15. 21 and over only.

Dec. 16: Independent Art in Fulton

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North Bay community nonprofit organization Becoming Independent offers many life-skill services to people with developmental disabilities, including a professional art program that provides classes and studio space. Last October, Becoming Independent acquired one of the working studio spaces at Sonoma County gallery and art center Fulton Crossing, and this week, the organization’s annual ‘Holiday Lights’ art show displays one-of-a-kind works and gifts in several mediums. Meet the artists and enjoy wine and appetizers while you view the art on Friday, Dec. 16, at Fulton Crossing, 1200 River Road, Fulton. 5pm. Free admission. becomingindependent.org.

Dec. 16-19: Jug Jam in Petaluma & Mill Valley

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The self-described kings of acoustic folk hijinks, the Christmas Jug Band is one of the North Bay’s more beloved holiday traditions. This year, the irreverently merry music-makers celebrate four decades of turning Christmas classics into tongue-in-cheek Americana parodies, and sharing their fun take on the season with audiences of all ages. This week, the Christmas Jug Band’s 40th annual tour stops in the North Bay on Friday, Dec. 16, at the Big Easy (128 American Alley, Petaluma; 6:30; $15; 707.776.4631) and on Sunday and Monday, Dec. 18–19, at Sweetwater Music Hall (19 Corte Madera Ave., Mill Valley; Sunday at 7pm ($17–$27); Monday at 8pm ($24–$27) 415.388.3850.)

Dec. 17: Shop Shone in Forestville

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Looking to shop local this holiday season? It doesn’t get more local than the Santa Rosa Junior College’s outdoor agriculture complex Shone Farm, where everything grown goes to local restaurants like John Ash & Co. and local purveyors. This weekend’s Holiday on the Farm event offers up a bounty of the farm’s output, including fresh-pressed olive oil, Pinot Noir and Zinfandel wines, olive oil soap and salve and lip balm made from lavender. This second annual artisan showcase happens on Saturday, Dec. 17 at Shone Farm, 7450 Steve Olson Lane, Forestville. 11am. Free admission. 707.535.3707.

Dec. 18: Holiday Licks in San Rafael

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Last February, the North Bay lost one of its finest folk figures when country-swing songwriter Dan Hicks passed away at his home in Mill Valley after battling cancer. The man behind Dan Hicks & the Hot Licks was always a funny and gracious party host, and his memory lives on in this weekend’s Holidaze in Hicksville tribute concert. Featuring a lineup of members from the Hot Licks, Roberta Donnay & the Prohibition Mob Band and other special guests and friends, this celebratory remembrance promises all the uplifting energy that Hicks was famous for. Travel to Hicksville on Sunday, Dec. 18, at Fenix, 919 Fourth St., San Rafael. 6:30pm. $15–$18. 415.813.5600.

Letters to the Editor: December 14, 2016

Dry Guy

I am a soil scientist, and I’ve planted vineyards around the world (“Dirt Farmer,” Dec. 7). Soils vary considerably in origin, chemistry, rock content and depth. You cannot treat all soils the same, especially when it comes to irrigation. I oversee vineyards in California planted in rock with very little soil. Vines would not produce crop if these vineyards were dry-farmed. Management must suit the site and not an ideal.

Via Bohemian.com

Amazing man, great family. They are all invested, heart and soul, in agriculture and live off the land.

Via Bohemian.com

Da Bomb

What? Go Gary! I had no idea you had this in you (“The Bomb,” Nov. 30). I mean, I knew you were clever and brilliant and hilarious and kind and thoughtful and really, really good at your job, but a novel? Awesome. I’m going to get ahold of a copy post-haste

Via Bohemian.com

Bargain Buy

One hundred and ninety dollars an ounce (“The Nugget,” Dec. 7)? Geez, we were getting more than that in the 1970s. What a deal!

Via Bohemian.com

Let’s Get Busy

This horrendous election has unleashed a candidate who is uneducated, unskilled and a criminal. And he associates with the same breed. His words and acts are unconscionable.

We were all in mourning, but the time for mourning is over. It’s time for action. It will take much creative thinking by millions of us to stop this train wreck. I will join with you.

We cannot sit by and observe as more and more dangerous “appointees” are announced each day to join in this fascist takeover, and while this ill-mannered, uncultured, narcissistic buffoon ascends to the most powerful office in the land and ravages our world.

When a dictator takes power in other parts of the world, the people respond. We in the U.S. need to respond, and be as creative as we can. Put a wrench in the machine, toss banana peels under their feet, whatever we can do to create imbalance for them.

I’m inspired by the eloquent Harry Belafonte. “We just have to get out our old coats,” he says, “dust them off, stop screwing around and just chasing the good times, and get down to business. There’s some ass-kicking out here to be done. And we should do it.”

Santa Rosa

Write to us at le*****@******an.com.

Austen Power

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The best Christmas presents—much like the happy endings of a Jane Austen novel—are those that are fully expected and yet still come as a bit of a surprise.

Such is the case with Marin Theatre Company’s deliciously funny, boldly old-fashioned Miss Bennet: Christmas at Pemberley, by Lauren Gunderson and Margot Melcon. It’s a sequel, of sorts, to Austen’s beloved Pride and Prejudice, which concluded with the marriage of Elizabeth Bennet (Cindy Im), one of five sisters, to the wealthy and charming Mr. Darcy (Joseph Patrick O’Malley).

As the story now continues—under the skillfully knowing direction of Meredith McDonough—the happily married Darcys have invited three of Elizabeth’s sisters to spend Christmas at Pemberley, their vast country estate, which Elizabeth has boldly adorned with a Christmas tree, a custom not yet common in England.

Jane (Lauren Spencer), now married to the affable Mr. Bingley (Tommy Gorrebeeck), is, as they say, with child. Lydia (Erika Rankin, a powerhouse) desperately attempts to convince her
sisters that her absent husband,
Mr. Wickham, is not the scoundrel everyone knows him to be, and her hyperkinetic activities over the course of the holiday cause at least one of the play’s many comic misunderstandings.

The primary focus of the play, it turns out, is Mary Bennet (played with agreeably dry wit and plenty of simmering charm by Martha Brigham), the sister portrayed in the novel as talentless and pointedly bookish, though not necessarily very bright. Much has changed over the last two years. Mary, clearly, has evolved into a smart, observant and accomplished young woman, though no one seems to have noticed. (The absence of the fifth sister, Kitty, by the way, is acknowledged in a funny, slightly “meta” reference toward the end of the play.)

The tale’s expected love story comes in the form of the painfully awkward bookworm Arthur De Bourgh (a magnificent Adam Magill), who has recently inherited the estate of Darcy’s aunt, the daughter of whom, Anne (Laura Odeh, hilarious), suddenly appears to interrupt the growing love-at-nerd-sight romance between Arthur and Mary.

The dialogue is sparkly and infectious, and the set by Erik Flatmo is a marvel, with snow ever-falling behind the drawing room window.

Fluffy and sweet as a Georgian Ice, Christmas at Pemberley is as captivating and delightful a holiday diversion as one is likely to find—with or without a Christmas tree.

Rating (out of 5): ★★★★★

Going Rogue

The stand-alone Rogue One: A Star Wars Story is a WWII movie in space. The finale is set on the planet Scarif, a world of surf and tropical reefs; the attack wings shooting, bombing and crashing are like a futuristic version of Pearl Harbor.

The film is set during the rise of Lord Vader and Grand Moff Tarkin. Tarkin is played by Peter Cushing’s digitized ghost. It’s hard not to stare at the apparition of an actor dead for 22 years—the movements are a little artificial, but it’s him, all right. No one had seriously thought the grave could hold Peter Cushing, anyway.

Rogue One answers a question that’s been plaguing geeks for decades: why did the Death Star have a design flaw, so similar to the ever-convenient self-destruct button in spy movies? Having answered this, director Gareth Edwards races along to the climax of a dangerous mission, carried out with a mixed cast of funny-name bearers. Central to it is Jyn Erso (Felicity Jones, as determined and rabbitty as ever).

On a nearby planet, the Jedi’s towering main temple is abandoned, but it’s being salvaged for a mineral or something called kyber,
which fuels both light sabers and the Death Star. Rebels join Jyn to become the crew of a battered Imperial freighter stolen and renamed Rogue One.

The Empire shoots back, for once, and with accuracy. The movie is all action, hopping from planet to planet, and blasting all the way, which makes it faster and more serious than anything in the series.

This seriousness makes Rogue One less uplifting than last year’s Force Awakens. One really wants to leave the recent election out of this experience and forget our desperate times. This is difficult, given the huge emphasis on revolutionary self-sacrifice and battle lines being drawn; it’s an unpleasant kind of Zeitgeist offered here, offering premonitions of possible struggle to come.

‘Rogue One’ is playing in wide release in the North Bay.

Wrong Number

Former San Quentin inmate James “J.B.” Bennett works a couple of days a week counseling the Bay Area’s recently de-carcerated, helping them get back on their feet and acclimated to life beyond the bars.

When ex-convicts meet with Bennett, they’re greeted by a bulletin board hanging in his workspace with some handy slogans on it, including one that reads, “Communication is to a relationship as breath is to life.”

That’s a sentiment from pioneering 1970s family therapist Virginia Satir, founder of Palo Alto’s Mental Research Institute, and it’s a telling quote for our times.

Under President Barack Obama and his rolling efforts at criminal-justice reform, the Federal Communications Commission has, for the first time, weighed in on for-profit inmate calling services (ICS) and the cost of phone calls between inmates and their families. Over the past couple of years, the FCC has put in new regulations—or tried to, anyway—that limit the per-minute charges that ICS providers, such as Securus and Global Tel Link (GTL), can charge inmates or their families, who often are poor. As Bennett puts it, prison life is split between the haves and the have-nots, a fact that plays out in every last detail of prison life. “Prison is really about how well off you are financially,” Bennett says. “If you have money, you can live really well.”

If you don’t—too bad. And when it comes to a phone call from a loved one, or a lawyer, or a priest, ICS charges can spike to more than $1 per minute, and much of the tolls have historically been tied up in so-called site commissions that are folded into the per-minute rate.

As numerous prisoner-rights advocates have observed, a “site commission” is a polite way of describing the promised kickback that an ICS company sends to sheriffs. The site commissions are passed along to the inmates and their families in the form of sky-high phone rates.

“Everything I’ve heard about the toll aspect of prison calls is that the toll rate is excessive,” says Bennett.

He spent nearly 25 years of a 30-year murder sentence in San Quentin before being released in 2011, and echoes most anti-recidivist research when he says that “human contact with one’s family, communication—it’s critical.”

The year Bennett was released from San Quentin was also the year that California banned site commissions at state-run prisons administered by the California Department of Corrections and Rehabilitation, which, as the Leadership Conference on Civil and Human Rights notes, was previously sending $20 million a year in site-commission fees to the state.

GTL has the contract to provide phone services across the state prison system. The 2011 site-commission ban did not extend to the thousands of local or county lockups around the state, where GTL also has numerous contracts. Sonoma County will end its contract with GTL next year—it picked another company, Legacy Inmate Communications, to install and administer its ICS system at the Sonoma County Main Adult Detention Facility and other county-run jails as of next March. The new contract includes a 60 percent site-commission fee paid to the Sonoma County Sheriff’s Office to administer the phone-service privilege to inmates and to fund the Inmate Welfare Fund. According to the upcoming contract, Legacy will provide $20 pre-paid phone cards to the county, for resale to inmates. The contract stipulates that the “County shall be invoiced for all Debit Cards purchased and will receive a 60 percent commission percentage as a discount on each purchased card (i.e., a debit card with a face value of $20 shall be purchased [by the county] for $8).”

Securus and GTL have been fighting the proposed FCC rules since they were first announced in 2014. The agency acted in August of this year to set new rate caps for local and long-distance inmate calling, and the FCC website notes that the “new rate caps were scheduled to take effect for prisons on Dec. 12, 2016, and for jails on March 13, 2017.”

It notes that the rates were stayed by court order and that the FCC’s “interim rate caps remain in effect. The interim rate caps apply only to interstate long-distance calls, not in-state long distance or local calls. Those rates are 21 cents a minute for debit-prepaid calls, and 25 cents a minute for collect calls.”

Those figures line up with call rates in the new contract for Legacy in Sonoma. In the meantime, ICS providers have found themselves subject to lawsuits, including the company that currently runs the ICS in Sonoma County.

Class Action News reports that GTL was sued in June 2015 over widespread charges that the company leverages its dominant market position nationally to charge unreasonably high prices for its services. The company has contracts in more than 2,000 jails and prisons in the United States and, according to the GTL website, runs the ICS at local lockups around the North Bay—Mill Valley, Petaluma, Novato, Fairfax, Napa.

As the FCC rules hang in limbo, legislative efforts undertaken in Sacramento to ban local site commissions have failed. In 2014, Hayward Democrat Bill Quirk introduced AB 1876, a bill that aimed for the kickback and which would have extended the Corrections and Rehabilitation site-commission ban and prohibit “commissions in telephone service contracts for juvenile facilities and for county, municipal or privately operated jails, and requires such contracts to be negotiated and awarded to the lowest cost provider.”

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Quirk’s bill made it through the Assembly despite opposition from the California State Sheriffs’ Association, but died in the Senate finance committee because of cost concerns that would have been passed from the counties to the state—Quirk believes those costs should be borne by the state.

“I was certainly very much in favor of inmates not being charged for being in jail,” Quirk says, adding that for a poor inmate, the difference between charging $2 or $15 for a 15-minute phone call is the difference between that inmate having a connection with his loved one or not. He also notes that even as the funds are supposed to go into the Inmate Welfare Fund, in his county at least (Alameda), the site commissions were used to pay guards to oversee inmates while they were taking a class or exercising. “That should be paid by the county,” he says.

Under the state penal code, the Inmate Welfare Fund was set up to receive any “money, refund, rebate, or commission received from a telephone company or pay-telephone provider when the money, refund, rebate, or commission is attributable to the use of pay telephones which are primarily used by inmates while incarcerated.”

The California State Sheriffs’ Association has also pushed back against efforts undertaken at the FCC to rein in site-commissions and regulations on other inmate communications, including video visitation. This has occurred as the FCC now finds itself in the crosshairs of a threatened return to a “tough-on-crime” posture at the U.S. Department of Justice, with a backbite of rampant privatization on the promised Trumpian horizon.

New Republican leadership at the FCC could mean Obama-era initiatives would be revoked. Recent reports on the agency have pointed to the likely ascension of Republican board member Ajit Pai as the FCC’s next commissioner, replacing the outgoing Democrat Tom Wheeler on the five-person board, whose members are split between Democrats and Republicans—the party in charge of the White House gets the advantage.

Pai’s opposition to net neutrality regulations promulgated under Obama’s FCC have been getting the headlines—an important (if First World) problem—but Pai is no fan of the FCC’s push on ICS rates, either. He laid out his displeasure with Democratic overreach at the FCC in a Nov. 3 letter after the latest court stay was implemented at the Court of Appeals in the District of Columbia.

“Something has gone seriously awry at the FCC,” he wrote, arguing that the agency failed to make reforms and needs to move on. “It didn’t have to happen. Three times I have urged my colleagues to adopt reasonable regulations that would substantially reduce interstate inmate calling rates and survive judicial scrutiny. Three times they have declined.”

Prison-phone-rate reform efforts would shift to the states in the event of an FCC rollback of the ICS regulations—which is where the ICS reform push started. But the lead national champion for ICS reform just lost his bid for U.S. Senate, in the runoff in Louisiana that saw the defeat of Democrat Foster Campbell at the hands of GOP candidate John Kennedy.

As head of the Louisiana Public Service Commission, Campbell took on what he called the “sinful” ICS toll charges and in 2012 pushed through new regulations in that state that slashed the maximum price-per-minute rate for calls between inmates and clergy members, lawyers or family members.

Campbell’s efforts on behalf of Louisiana prisoners were exactly what inspired the FCC to take up the ICS call—and in 2014 the agency issued its first new set of regulations, and also set out to grapple with the advent of video-visitation, a service that GTL and other ICS providers offer to jails and prisons. National Public Radio aired a story on video visitation last week which reported that prisons are already using the communications technology to enable cash-strapped jailers to switch out video visitation with an actual visit with a loved one.

The former head of the California State Sheriffs’ Association, Martin Ryan, sent a letter in January to FCC secretary Arlene Dortch that implored the agency to back off from its proposed plans to regulate or cap fees on video-visitation, citing “massive changes to ICS just implemented” by the agency’s previous ICS orders.

“We urge the commission to refrain from regulating these media,” Ryan wrote. “The new technology should not be impeded or disadvantaged by unwieldy regulation, and facilities should be given a meaningful chance to adjust to pending orders. Capping rates on video-calling services could stop this promising new technology in its tracks to the detriment of facilities and inmates.” (According to its new contract with Legacy Inmate Communications, the video-visitation rate at the Sonoma lockup is 35 cents per minute.)

In its report, NPR found that in jails that use video-visitation,
75 percent have “ended in-person visits altogether.” Bennett recalls conjugal visits with his ex-wife when he was serving his long sentence at San Quentin. “I had a wife and a daughter while I was in prison,” he recalls, “and we had family visits once a month, 72-hour visits, and it was wonderful.”

Quirk says he is meanwhile holding off on reintroducing a bill to ban local or county-level site commissions.

“It depends on what the FCC does,” he says.

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