November 4, 2010 Edition of the Bay Area Reporter

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One up, one down in judge races

Candid cameras

Victoria Kolakowski takes lead in Alameda; attorney Michael Nava falls short.

Henri Cartier-Bresson and ‘Exposed’ shows at SFMOMA.

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see Arts

BARtab Eating Out! Our special food and wine issue.

see inside

BAYAREAREPORTER

Vol. 40

. No. 44 . 4 November 2010

Jane Philomen Cleland

Rick Gerharter

Serving the gay, lesbian, bisexual, and transgender communities since 1971

State Senator Mark Leno, left, congratulates Scott Wiener on his early lead in the District 8 supervisor race.

an Francisco Giants closer Brian Wilson shouts for joy as the team was thrown a ticker-tape parade Wednesday, November 3 in honor of their 2010 World Series victory against the Texas Rangers. Hundreds of thousands of people flocked to the city for the parade and the presentation to the team of the keys to the city by Mayor and Lieutenant Governor-elect Gavin Newsom. The Bay Area Reporter will use a friendly wager with the Dallas Voice publisher to help LGBT youth. For more, see Jock Talk on page 10.

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Wiener leads in D8 supe race by Matthew S. Bajko eputy City Attorney Scott Wiener holds a sizeable lead in the hotly contested race for San Francisco’s District 8 supervisor seat. Wiener emerged as the first place finisher Tuesday night among a quartet of out candidates seeking to represent the city’s gay Castro District, Noe Valley, Glen Park and Diamond Heights

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Brown wins, Harris leading in top state races

Jane Philomen Cleland

Governor-elect Jerry Brown with his wife, Anne Gust.

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by Seth Hemmelgarn

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Effort to legalize pot goes up in smoke by Seth Hemmelgarn he effort to legalize recreational use of marijuana in California failed Tuesday, with a majority of voters saying no to Proposition 19. Prop 19 would have allowed people 21 and over to possess and cultivate limited amounts of marijuana for personal use. The state and local governments also would have been able to authorize, regulate, and tax commercial marijuana related activities. Unofficial returns showed the vote was 53.9 percent against to 46.1 percent in favor. Roger Salazar, a spokesman for No on 19, said voters have recently “really had an opportunity to take measure” of the proposal and read the details. That led them to realize Prop 19 “wouldn’t control [marijuana], it wouldn’t regulate it, and it wouldn’t tax it” in the ways that the measure’s backers had claimed, he said. Supporters of the measure acknowledged there was confusion around it. “There was a lot of confusion about it out there. I don’t think enough people properly understood it. ... Our opponents seem to have done a good job of confusing and scaring people,” said Tom Angell, a spokesman for the Prop 19 campaign. He said proponents would “absolutely” try again, and they’re looking at 2012. The measure had been up and down in various polls over the course of the campaign. But it suffered support after Attorney General Eric Holder announced last month that the federal government would crack down on marijuana if Prop 19 passed. Additionally, Prop 19 never gained unified support from the medical cannabis community, including growers. Among those who had been opposed to Prop 19 were some medical marijuana advocates concerned about the impact the proposal would have had on people who use pot for health-related reasons. In 1996, voters passed Proposition 215, the California Compassionate Use Act. The act allows qualified patients to grow and use medicinal cannabis as recommended by their doctors. Some medical marijuana advocates didn’t like Prop 19 because it would have restricted the area where

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Richard Lee, of Oaksterdam University in Oakland, was a main proponent of Prop 19. Supporters of legalizing cannabis have vowed to return to the ballot.

marijuana can be grown to one 5 foot by 5 foot space per residence, among other reasons. The federal government does not recognize Prop 215 or similar laws in 13 other states and Washington, D.C. In spite of Tuesday’s loss at the polls, there may be legislative action around legalizing marijuana. Out gay Assemblyman Tom Ammiano (D-San Francisco) is the author of Assembly Bill 2554, which would legalize marijuana. Quintin Mecke, a spokesman for Ammiano, said in September that even if Prop 19 failed, Ammiano would “continue to move forward” with AB 2554. Richard Lee, a main Prop 19 backer, has said that among the differences between his measure and AB 2554 is that Ammiano’s bill sets up a statewide system of sales and distribution by the Department of Alcoholic Beverage Control, while Prop 19 started out by giving cities and counties the ability to tax and regulate sales and commercial cultivation how – and if – they want to. That optout provision could have resulted in “dry” parts of the state when it comes to obtaining marijuana if the measure had passed.

Other state measures In 2008, voters approved the creation of a Cit-

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Jane Philomen Cleland

emocrat Jerry Brown, seeking to return to a job he held 35 years ago, easily beat Republican Meg Whitman on Tuesday, November 2, to become California’s next governor, despite Whitman spending more than $140 million of her own money in the race. “Thank you everyone ... labor ... for this marvelous effort,” Brown told an excited crowd at the historic Fox Theatre in Oakland Tuesday night. Brown, who was introduced by his wife, Anne Gust, was mayor of the city when the Fox was refurbished. Referencing the renovations and students from the Oakland Military Institute and School for the Performing Arts who were with him on stage, he said that’s what California needs, “creativity and honor.” “I built these schools because I want to build for the future,” Brown said. This will be Brown’s third term as governor. He also served two terms from 1975-1983. Tuesday’s unofficial vote tally was 53.6 percent for Brown and 41.3 percent for Whitman. The former eBay CEO spent lavishly on television ads and consultants, but failed to connect with voters. News in September that she fired a domestic worker after discovering the woman was undocumented cut into her support from Latino voters. Brown will take office in January and must immediately set about working on the state’s many problems, including the budget. “It’s a tough time, but we will all work together,” Brown said. “I’ll be honest with you and a key point is we want to be fair.” Meanwhile, the race for state attorney general was too close to call as the Bay Area Reporter went to press. San Francisco District Attorney Kamala Harris (D), is leading in her race against Republican Steve Cooley, the district attorney of Los Angeles, to replace Brown as state attorney general. That vote was 45.9 percent to 45.7 percent, with 100 percent of precincts reporting. Wins by Brown and Harris would mean that backers of Proposition 8, Cali-

izens Redistricting Commission to draw state legislative districts, removing that authority from the Legislature. On Tuesday, Proposition 20, a proposal to extend the commission’s authority to California’s congressional districts, passed by a vote of 61.2 percent to 38.8 percent. Proposition 27 on Tuesday’s ballot would have eliminated the state redistricting commission that voters approved two years ago. But that effort failed by a vote of 59.4 percent to 40.6 percent. Another defeated proposal was Proposition 23, which would have suspended implementation of AB 32, California’s landmark air pollution control law, until unemployment dropped to 5.5 percent or less for a year. The vote was 61.1 percent no to 38.9 percent yes. Proposition 25, which changes the legislative vote requirement to pass a state budget and budget-related legislation from two-thirds to a simple majority won a majority itself, passing with 54.8 percent. The measure retains a two-thirds vote requirement for taxes. Proposition 26, which broadens the definition of taxes to include many payments currently considered to be fees or charges, also passed, by a vote of 52.9 percent to 47.1 percent. ▼

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November 4, 2010 Edition of the Bay Area Reporter by Bay Area Reporter - Issuu