Daily Cal - Tuesday, February 8, 2011

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OPINION

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Full monty: Montgomery has transformed every team he’s coached for.

GUN CONTROL: Students argue the merits and detriments of current laws.

Green Economics: Bay Area leads movement for green business.

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Tuesday, February 8, 2011

Berkeley, California

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Cannabis Dispensary to Talk Sales Tax With State “There are no retroactive taxes ... Whether or not someone has been appropriately applying the tax laws is different,” Gore said. “Medical marijuana has never been determined to be a medicine and exempt from taxes from a board of equalization point of view. If you go to your local drugstore and buy Tylenol or ibuprofen, you pay a tax on that. Anything that does not require a prescription is taxable.” However, Caren Woodson, government affairs director for Americans for Safe Access, said marijuana is a drug that requires a physician’s recommendation and thus should not be taxed. “All of these collectives are patientowned, member-based and not-forprofit,” Woodson said. “If they’re forced to pay these extremely high audits, they go out of business or they choose not to pay, fight and potentially lose. Some of these businesses will just move back underground.” The Berkeley Patients Care Collective, another Berkeley dispensary, faced similar negotiations with the equalization board for unpaid taxes dating back to 2005, according to the board’s summary from a hearing in September. The dispensary was found liable for the taxes, which amounted to more than $600,000. “What people need to understand is that this is not a new issue,” Senesac said. “It’s not a huge controversy; other dispensaries in the area are dealing with this issue as well.”

by Adelyn Baxter and Sarah Mohamed

Emma Lantos/Senior staff

Campus groups held a demonstration on Sproul Plaza to show solidarity and raise campus awareness about the protests in Egypt.

Activists Support Egyptian Uprising by Noor Al-Samarrai Staff Writer Carrying signs on wooden stems raised high above their heads, about 150 student activists and community members gathered in Upper Sproul ONLINE VIDEO Plaza Monday to show solidarity See footage from the and raise cam- rally held Monday on pus awareness Upper Sproul Plaza. about ongoing

anti-government protests in Egypt. Organized by the UC Berkeley Muslim Students Association political action committee and Students for Justice in Palestine, the rally followed a “die-in” staged in front of Sather Gate last Thursday to raise awareness about the Egyptian uprising. Armed with a message and a megaphone, demonstrators began by assembling into a circle, chanting slogans led by representatives of the Act Now to Stop

War and End Racism Coalition including “Hey Mubarak, you should know: The Egyptian people want you to go!” They then gathered to hear 13 speakers — including campus faculty, students and members of the MSA, ANSWER Coalition, By Any Means Necessary and Amnesty International. Demonstrators said raising campus sympathy and identification with the Egyptian struggle was a major goal.

>> Egypt: Page 2

UC System Seeks Unrestricted Donations to Increase Revenue by Nina Brown Staff Writer

In a time of continued diminishing state funding to higher education, the University of California has increasingly been looking to private donations as a source of support, but such private funding often comes with specific restrictions — something the UC is looking to change. For the past decade, the UC has reached annual private donation levels of more than $1 billion, receiving approximately $1.3 billion last fiscal year and marking a stark contrast to the less than $400 million donated 10 years ago, according to the Annual Report on University Private Support. However, currently 98 percent of donations to the UC are earmarked, according to UC spokesperson Steve Montiel. The UC Commission on the Future’s final report, released Dec. 6, 2010, advised that encouraging donors to give more in unrestricted funds and emphasizing fundraising responsibilities at the campus level are necessary steps toward increasing alternate revenue sources. Strategies to reach this goal have begun to be implemented at a campus level, according to Montiel. Though the university is seeking to accrue more unrestricted funds, Montiel said the UC’s current practice of accepting earmarked donations is not flawed. “The fact is that a lot of donors want

their contributions used for specific purposes,” Montiel said. “It’s a matter of finding ways to build on that kind of support to try to attract support that would allow for more flexible use of funds.” While alumni gifts have bolstered funding in different areas across all 10 campuses, over the last decade heavy emphasis has consistently been placed on donations to health and medical centers. According to Montiel, health services generally receive approximately 50 percent of all philanthropic support given to the university. In the 2009-10 fiscal year, health services received nearly five times as much funding as liberal arts disciplines, according to the Annual Report on University Private Support. Inequity in giving occurs at the campus level as well. In the first quarter of the 2010-11 fiscal year, UC Berkeley and UCLA both received upward of $50 million, while campuses like UC Merced and UC Riverside received less than $3 million, according to the Quarterly Report on Private Support for the first quarter of 2010-11. At the campus level, private support is “the crucial factor that is allowing Berkeley to remain public,” said Jose Rodriguez, manager of campaign communications at UC Berkeley. Over the last 10 years, while many other campuses regularly received less than 10 percent of individual donations from alumni, UC Berkeley — and occasionally UCLA — consistently re-

As the Berkeley Patients Group begins negotiations with the state board of equalization over a $6 million tax liability, the group — the city’s oldest medical cannabis dispensary — may soon be shelling out more than just marijuana pending a hearing later this month. In 2007, the group was informed by the California State Board of Equalization that it owed the state $4.4 million in sales taxes — which is about $6 million with interest — from 2004 to 2007. Since then, the group has been paying taxes on its medical marijuana sales. Although the group has been operating for 11 years, the audit only goes back three years, as specified by state law. Brad Senesac, chief marketing officer for the dispensary, said the legal language was unclear with regard to medical cannabis taxation and added that the dispensary is going to fight the retroactive taxes on that basis. “We weren’t sure if we had to collect taxes or not,” Senesac said. “We were going based on what CVS would do ... it’s a medication.” He added that the state changed the legislation in 2007 regarding medical cannabis taxation. However, these taxation laws have been in place since the 1930s, according to Anita Gore, deputy director of the external affairs department for the equalization board.

Contact Adelyn Baxter and Sarah Mohamed at newsdesk@dailycal.org.

*UC Campus-wide 1.4%

3.2%

FOUNDATIONS

INSTRUCTION

$143,098,921

INDIVIDUALS

$10,867,772

STUDENT SUPPORT

UNRESTRICTED $4,755,693

$14,319,216

$143,098,921

RESEARCH

4.2% CAMPUS IMPROVEMENT

42.0%

7.0%

$14,319,216

TOTAL $340,406,763

$4,755,693

8.7% 21.7%

38.5%

OTHER PURPOSES $4,755,693

9.4% 37.1% 10.4%

15.3%

FOUNDATIONS ESTABLISHED BY ALUMNI

1.3%

$143,098,921

OTHER NONPROFIT

CORPORATIONS $143,098,921

CAMPUS-RELATED ORGANIZATIONS

DEPARTMENT SUPPORT $4,755,693

$143,098,921

$143,098,921

GIFTS INDIVIDUALS from

O%

25%

50%

75%

0.3%

STAFF

2.4% 4.0%

FACULTY PARENTS

44.0%

OTHER INDIVIDUALS

49.4%

ALUMNI

100%

Wook Lee/Staff

ceived more support from alumni than any other campus. “If the vast majority of private donations are restricted, then it is very dubious that the university would be able to replace the loss in state funds with private donations,” said Hans Johnson, a senior fellow at the Public Policy Institute of California. However, since 2000, even the three campuses to receive the most in private funding rarely received more than

50 percent of individual private donations from alumni. The Campaign for Berkeley, a campus fundraising effort that has raised $1.9 billion since 2005, may have contributed to a boost in alumni funding in 2009-10, when 65 percent of individual support came from campus graduates. Alumni at other campuses have also stepped forward with major contributions, including the recent $100 million given by Meyer and Renee Luskin,

half of which funds the UCLA School of Public Affairs and half of which goes to the construction of a residential conference center and the creation of an endowment to support conferences that might otherwise have difficulty securing funding, said UCLA spokesperson Phil Hampton. Montiel acknowledged that there is no expectation that private donations could ever come close to replacing

>> donors: Page 6

2

Tuesday, February 8, 2011

The Daily Californian

NEWS & MARKETPLACE

Bay Area Sees High Concentration of Green-Certified Businesses

Calendar

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Tuesday, Feb. 8

by Soumya Karlamangla

WHAT OPEN MIC The Microscopic

Josh Shaeffer spent four months last year making his restaurant more sustainable, adapting water and electricity usage habits to comply with green standards. But even after installing energy-efficient light bulbs and receiving green certification in December, Shaeffer, managing partner for Maoz Vegetarian on Telegraph Avenue in Berkeley, said the designation has not had quite the pull he had expected. “To be honest with you, nobody has really pointed it out to us,� he said. “I was hoping it would definitely resonate a bit more.� Shaeffer was looking for Maoz — an international chain restaurant, decorated with trendy lights and bright abstract wall patterns, that already markets fresh food — to stand out in a city that is proud of being green. After all, on a busy street like Telegraph, dozens of shops crowd each side, all trying to draw in the clinking pockets of passersby. As a result, business owners like Shaeffer are looking to carve out a niche that matches the city’s reputation of sustainability through green certification. Just over 150 Berkeley businesses have been certified by the Bay Area Green Business program, ensuring that they meet a long list of environmentally friendly standards, and although it is universally encouraged, the designation has had mixed effects on companies’ sales. “Being green is really important to a lot of people that live here,� said Fred Fassett, chief executive officer of printing company Minuteman Press, which became officially green certified last month. “Everything else being equal, I think you’re going to tend to go with the green company

Staff Writer

Giant, a bimonthly open mic that features writers and live painting, unfolds at the Space Gallery. WHEN 8:30 p.m. WHEre 1141 Polk St., San Francisco. Cost Free. CONTACT info@spacegallerysf.com

Wednesday, Feb. 9 WHAT FILM Vicente Amorim’s “The Middle of the World,� a film centered on an unemployment father of seven and his arduous quest to redeem himself and his family. WHEn 7:10 p.m. WHEre 2040 Valley Life Sciences Building, UC Berkeley. Cost Free. CONTACT (510) 642-2088

Thursday, Feb. 10 WHAT LECTURE Celebrated author Joyce Carol Oates discusses her work and philosophy in a talk titled “The Writer’s (Secret) Life: Rejection, Woundedness, and Inspiration.� WHEn 6:00 p.m. WHEre Sibley Auditorium, Bechtel Engineering Center, UC Berkeley. Cost Free. CONTACT (510) 643-9670

Calendar listings may be submitted as follows: fax (510-849-2803), e-mail (calendar@dailycal.org) or in person (sixth floor Eshleman Hall, Monday through Friday, 10 a.m. to 5 p.m.). Always include contact name and phone number along with date, day, time, location and price (if applicable) of event. Placement is not guaranteed. Events that do not directly relate to UC Berkeley students or Berkeley residents will not be listed.

Correction

Green-Certified Businesses: - Up to 3,000 statewide - Over 2,600 in the Bay Area - 465 in the county - 154 in Berkeley - For comparison, there are 16 in Albany, 23 in Emeryville - About 5,000 businesses total in Berkeley

>> GREEN: Page 6

Taryn Erhardt/Staff, source: pamela evans, Alameda County Green Business Coordinator

Egypt: Student Groups Organize Demonstration

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“We just wanted to tell Berkeley students that ... this is your problem as well,� said Fatima Mekkaoui, a junior sociology major and demonstration organizer. “The U.S. government is sending money to Egypt, and we’re paying the price.� People passing through the plaza paused to observe the demonstration and listen to speeches, and many said they are now better informed of the protests’ historical context. “I didn’t know what (the demonstrators) were talking about,� said UC Berkeley freshman John Kachiu. “Now I know ... They’re bitching about something of legitimate concern.� Freshmen Jessica Chen and Maggie Lin said they were moved by the emo-

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tional aspects of the rally. “This guy was talking about how his friend got shot in the eye,� Lin said. “That’s the kind of thing you don’t hear in news reports.� Despite the demonstration’s success in raising awareness, organizers said their work is not done. Asking the campus administration for an official declaration of support for the Egyptian people is their next step — although they said they must first “make them care,� Mekkaoui said.

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OPINION

Tuesday, February 8, 2011

The Daily Californian

3

Sex on Tuesday

Let the (Sex) Games Begin

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L

adies and gentlemen ... welcome. Had you been entering my house as guests, I would have handed you a drink and given you a firm handshake. Had you been entering my bedroom as a guest, I would have done the same, possibly with a dirtier variation on the handshake. But since I can only greet you through the warm, immortal words of print, I’ll do my best to transcend the barrier. My name is Janelle, and I’m a crass little bastard. The kind that, more likely than not, you’ve probably wanted to slap your entire life but wouldn’t dare to, if only for the sheer fear that I just might enjoy it. To give you a rough introduction into my world, I could sum up the majority of my antics with the following: “ ... and then hilarity ensued.” Of course that isn’t particularly all too clear and insightful right now, but I promise you with the flow of time you will grow to soon understand the rhythm of my peculiar ways. Whether or not this will make you feel like a sick, immoral person is beyond my control. But let me assure you, though we may never meet tete-a-tete, I love each and every one of you. Know that I am your advocate for all things perverse, that my column exists merely as a vessel through which I will narrate all of the experiences that have passed through me. Well, without the aid of liquor or low-cut tops, how do we begin our burgeoning relationship? I’ve told you my name, but I remain rather elusive. I’m suggestive, but not quite direct. What I’m trying to say is that I, like all who have come before me, am the combined result of everyone I have ever known. Though eccentricities may line the surface, remain assured that we have more in common than you would dare to believe. et’s test the waters. I’ll give you the smallest of peeks into, well, me (go on back and read that sentence again, this time, nice and slow). I’m a great lover of many things: biology, classical literature, Nintendo 64 games, declaring myself the ultimate victor in any contest regardless of skill or aptitude, dancing in the road, chocolate. Actually, scratch that entire last sentence and replace it with “chocolate” only. The trivial facts about me will by no means astonish you, but it is my hope that the bigger picture will dazzle you. This is me, the basis of my entire being: The overlap between all things sensual and those that are, in the words of that great establishment known as Hooters, “delightfully tacky, yet unrefined.” So how did I come to be such a sexual deviant in the first place? Was I raised, perhaps, in an unconventional, liberal household? Did I go to a summer camp and learn the “tools of the trade” young, a little wanton

L

JANELLE ALBUKHARI Lolita? Though these explanations would be perfectly understandable, the real answer may surprise you. I was raised in a rather traditional household, conservative to the point where I wasn’t allowed to attend sexual education classes, where it was inappropriate to watch on-screen kissing — hell, I didn’t even know what sex really was until a friend of mine so crudely inflated a condom like a balloon and wagged it around in my face. here then, did this rampant sexuality emerge from? From the inexplicable human urge to be wanted, liked, loved, revered. The innate need within all of us to experience something greater than ourselves — that is to say, curiosity pursued to the fullest extent. Relationships began for me as the act of stealing forbidden kisses behind turned backs and quickly progressed from then on. From sweaters to tank tops, I shed skin after skin, emboldened by my newfound sexual prowess. When I became aware of this entirely new world — sex, intimacy, the act of seduction — I was entranced. Would I say that I’m defined by my sexuality? Yes, but only in part. I would never say that sexuality is the sole means of female empowerment, as the fallacy that so many women fall prey to seems to dictate. When you live in a world where “tits or GTFO” may be the most foreplay you’ll ever get, it may be difficult to see self-respect in the act of sex. But I can assure you, I am in no way ashamed or embarrassed of my lasciviousness. If you can’t respect yourself, every act of sex will be shallow and pointless; and while that kind of sex is nice every once in a while, I don’t think it’s anything to be proud of. And because, at this point, I feel as though I’ve sufficiently introduced myself, I’m going to leave you for the time being, my little darlings. For most people, it isn’t every day that there is an alluring certain someone lying in a bed nearby, beckoning you forth with a coy smile spread across his face. Well, it is for me.

W

Send a little something frisky to Janelle at sex@dailycal.org.

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Opinion 361

by the numbers ...

days

Delay between a Feb. 8, 2010 speech at UC Irvine and when charges for disrupting it were filed last Friday.

6

The Daily Californian Tuesday, February 8, 2011

Maximum amount of jail time that the students are facing for allegedly disrupting the speech.

months

11

Number of students who are facing charges for allegedly disrupting the speech.

editorials

Sweet and Sour CAMPUS AFFAIRS

Cal Dining and King Pin Donuts are both at fault for their communication issues up to and after last fall’s falling-out.

C

al Dining’s decision to stop using King Pin Donuts for donuts may make business sense but seems full of poor recordkeeping and missed opportunity. It is clear from Cal Dining’s website that buying locally produced food is a high priority, with it detailing an organizational goal of 25 percent of all purchases being local. Contracting with King Pin Donuts would be beneficial to the campus by not only providing good quality food but also supporting the local economy. However, supporting the local economy is not always the most efficient option and the campus must strike a balance between doing so and minimizing unnecessary costs. Therefore, we support the campus’s creation of the Honey Bear Bakery and subsequent production of donuts if doing so is financially savvy. Even so, a review of events prior to the switch last fall reveals poor communication between King Pin Donuts and Cal Dining and raises questions on why neither side worked harder to preserve their relationship. The first major problem is the lack of a paper trail consisting of documents that could have easily clarified any issues and avoided the delay between the final donut delivery and

the campus’s last payment. We don’t know how either side could allow such a discrepancy in their records, especially one that eventually resulted in a $1,100 accounting error. Second, better communication could have avoided much of the confusion and potentially preserved the business relationship. Executive Chef and Assistant Director of Culinary Ida Shen of Cal Dining claims that the cost of processing paper invoices was a major reason for severing the relationship and that if King Pin switched to electronic invoices, the relationship could have been saved. However, owner Dari Shamtoob claims switching to electronic invoices was his idea, and he was never offered a chance to switch. Regardless of whose idea it initially was, the fact both parties claim to have thought of it suggests that options were open for either side to preserve the relationship. Moving forward, Cal Dining — and any other business — must be sure to be overtly clear in its communication and meticulous in its recordkeeping. Had it done so initially, perhaps we would still have the chance to eat donuts from King Pin on campus and enjoy the sweet taste of supporting the local economy.

Long Time Coming UNIVERSITY ISSUES

T

Charging the students who allegedly disrupted a speech at UC Irvine is fair, but it should not have taken a whole year.

he decision to charge with misdemeanors 11 students who interrupted a protest last year at UC Irvine is an appropriate response to the students’ conduct, but it raises questions about the timing of the charges. The privilege of free speech is a constitutionally protected right that we wholeheartedly support, but it does not protect those who interfere with the right of others. Planning in advance to stand up and disrupt the speech of Israeli Ambassador, as the students allegedly did, is a violation of the law that carries with it real penalties. If the students did break the law, then they should face the legal consequences that their actions carry. Justice can only be fair if all laws are enforced equally, and we call on this prosecutor to apply the same standard to this group that has been applied to any group that has been charged with unlawfully conspiring to interrupt a speech. The

fact that some of the students were members of the Muslim Students Union, or that the speaker was the Israeli ambassador, is irrelevant and should not be a factor. However, we do not understand why it took the district attorney’s office almost an entire year to file charges. At the very least, the district attorney could have explained in his statement his reasons for the delay. The incident was one year ago today, and, while the county had a year in which to file charges, waiting the entire amount of time to do so maximized the disruption of the students academic lives and seems to serve little legal purpose. The students face six months in jail, fines or community service, but we think that of those three, community service would be the fairest sentence if they are found guilty of the charges. The charges stem from disrupting a community at the speech — how better to make amends than by helping one?

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Open the University To Student Carry by Andrew Glidden To hear the Left tell it, one would think that private ownership of firearms is a disaster waiting to happen. Between accidents, suicides and murders — particularly horrendous killing sprees such as the shooting at Virginia Tech and the recent attack on Rep. Gabrielle Giffords in Arizona — the case for private citizens owning and carrying firearms seems to carry little weight. If only there were no guns, everyone would be a lot safer, right? Evidence suggests otherwise. John Lott, an economist, performed one of the most in-depth studies of gun

Gun Safety: A Look at Laws And Flaws by Tom Hughes and Daniel Tuchler On Jan. 8, 2011, six people were killed and 13 more were injured in Tucson, Arizona in a horrific act of gun violence. In the weeks since this tragedy, speculation on what motivated the alleged shooter, Jared Lee Loughner, has been directed at the national political climate, as well as Loughner’s own mental state. But some facts in this case are indisputable: Without breaking any state or federal gun laws, Loughner was able to get access to the Glock 19 which he used to carry out his savage rampage. This lightweight semiautomatic handgun, if equipped with an optional extended magazine, is capable of firing 33 bullets in 15 seconds without being reloaded. It is disappointing that, in the United States, it takes a disaster such as this to revive the debate over gun safety and regulation. But in the most gun-friendly developed nation in the world, in an era when the individual right to bear arms is recognized by the Supreme Court, it is vital that we reevaluate our principles in light of the sobering facts, not just of Tucson, but of every act

>> Protection: Page 5

Editorial cartoon

By Maen Mahfoud

>> Violence: Page 5

OPINION

Tuesday, February 8, 2011

The Daily Californian

Protection: Arming the Citizenry Reduces Crime from Page 4

control laws, comparing thousands of regions over the course of decades. His conclusion was startling and summed up in the title of his book, “More Guns, Less Crime.” In Florida, a set of “shall issue” laws was lampooned as converting the “Sunshine State” into the “Gunshine State.” Maybe so, but evidence says that isn't a bad thing: Florida crime rates have dropped faster than the national average since the laws' passage in 1987 and, of 350,000 permit holders, only one was convicted of homicide. A Floridian gun owner was 840 times less likely to perpetrate violent crimes than the general state population. Startlingly absent from all this are studies finding a positive correlation between crime and private gun ownership. Even pro-control academics such as Philip J. Cook find in their studies that gun control does not necessarily reduce crime — though it does affect small reductions in the suicide rate among senior citizens. If even advocates of control find no evidence supporting their favored policies, what more than naivete justifies their position? The majority of murders are not by law-abiding citizens, but by criminals with extensive histories: 75 percent of homicide offenders in federal prisons have previous convictions and murderers average four felony arrests before the murder. This population has been — quite reasonably — legally prohibited from

owning firearms already. What is the sense in making owning firearms even more illegal, at the expense of a civilian's best defense against criminals that are by definition unimpeded by laws? The mere presence of firearms among the general public is usually enough to prevent crime from ever occurring. Criminals recognize armed citizens as threats: In a Department of Justice study, 34 percent of surveyed felons indicated that they had been scared, wounded or captured by an armed victim, 69 percent said they knew at least one other criminal who had also, 34 percent stated that they have worried about getting shot by victims and 57 percent stated that they fear armed victims more than police. Interviewed felons stated overwhelmingly that occupied homes are too dangerous to invade and that late-night burglaries are “the way to get shot.” As a result, the United States has a “hot” burglary rate of approximately 13 percent; in contrast, Britain, which has some of the most strict gun policies in the world, has a nearly 45 percent rate. It has been estimated that private firearms aid in the prevention of over 2.5 million crimes per year. Admittedly, this deterrence effect is fairly weak for school shooters. Even so, the presence of armed victims increases the chances that they can disable or kill the assailant before too much damage is caused. Never mind all that: Police should be enough to protect the public. Sadly, they are not enough.

The simple truth is ... individuals are ultimately responsible for their own safety and defense.

Fewer than 5 percent of 911 calls actually result in police action quickly enough to prevent a crime. Richard Mack, a former Arizona sheriff, observed, “Police do very little to prevent violent crime. We investigate crime after the fact.” The simple truth is that police cannot protect the people and that individuals are ultimately responsible for their own safety and defense. Abandoning firearms means total dependence on a telephone system with slow response times and a dispatch officers' judgment rather than the judgment of a person in imminent danger. In fact, police are under no obligation to provide personal protection to individuals. The District of Columbia’s highest court, in Warren v. District of Columbia, ruled that there exists a “fundamental principle that a government and its agents are under no general duty to provide ... police protection.” States have uniformly adopted this principle. This is particularly troublesome, as citizens have amply demonstrated their ability to defend themselves. Citizens also tend to show much better discretion than police: The proportion of wrongful killings for police responding to crimes is roughly 10 times higher than that of civilians. The Supreme Court, after 70 years of silence, finally affirmed that the right to bear arms is a natural right of individuals and that the Second Amendment constrains all levels of government. The facts are here; the verdict is in. Now is the time to liberalize the university and end the senseless prohibition of the only meaningful selfdefense option for students. Andrew Glidden is a member of Students for Liberty, UC Berkeley. Reply to opinion@dailycal.org.

The Daily Californian is certified Green! You can be Green Too! To find out more about the Green Business Programs, visit www.greenbiz.ca.gov Go online at dailycal.org

Violence: Responsible Gun Control Saves Lives from Page 4

of gun violence in the US. According to the Brady Campaign to Prevent Gun Violence and the National Center for Injury Prevention and Control, in the U.S., almost 100,000 people each year are shot or killed with a gun. More than a million people have been killed by guns since 1968, a year marred by the assassinations of Robert Kennedy and Martin Luther King. The myth of guns providing selfdefense does not hold up to the facts: Guns are used 22 times more often in homicides, suicides, criminal assaults, or unintentional shootings than in acts of self-defense and of the 30,000 gun deaths every year, only 200 are legally justified self-defense homicides by private citizens. A few common sense changes in federal and state gun policies could help vastly reduce the number of people whose lives are shattered by gun violence every year. Assault weapons, like the semiautomatic pistol used in the Arizona shooting, allow for rapid and accurate spray firing. They were originally designed for military use, not for sport or protection. Until 2004, federal law banned the manufacture, transfer and possession of many of these weapons. After the federal law expired, only seven states banned assault weapons. And because of their ability to hold many rounds at one time, large capacity magazines are considered exceptionally lethal, yet they are banned by only six states. Such magazines have been used in other mass shootings, such as the ones at Columbine High School, Virginia Tech and Fort Hood. Most states allow residents to carry concealed weapons after they are issued a permit requiring a background investigation and sufficient reason to conceal a firearm. Arizona is one of three states to allow the carrying of concealed weapons without a permit. Only the District of Columbia and two states (Illinois and Wisconsin) ban concealed weapons entirely. Federal law prohibits the sale of firearms and ammunition to individuals who have been adjudicated as a

mental defective or who have been committed to a mental institution. However, federal law does not require that states make mental health information available to federal or state agencies that perform background checks. Many states fail to report to the FBI all relevant mental health information necessary to identify those individuals who are prohibited from purchasing firearms. Only 13 states authorize or require the reporting of these mental health records, Arizona not being one of them. Licensing laws require an individual to obtain a permit or license granting permission to purchase and/or possess a firearm. To obtain these licenses, individuals take special classes on gun handling and usage, in a process similar to that of getting a driver’s license. Federal law does not require licensing of gun owners or purchases. Only seven states require a license or permit to possess handguns, while four states require a license to purchase any firearm. Additionally, waiting period laws require a certain number of days between the time a firearm is purchased and given to the customer. These laws exist to give law enforcement groups time to perform a background check and to provide a “cool off ” period to prevent impulsive acts of violence. Only a small handful of states impose waiting periods for purchases of all firearms. Laws dealing with who has access to guns and to which guns they have access are woefully ineffective in keeping lethal weapons away from criminals and the mentally unstable. While America’s gun culture will likely prove to be an enduring institution, there are many sensible solutions, of which the above are just a few pertinent examples, that we can implement to greatly increase gun safety and reduce the incidence of gun violence. Our commitments to tradition and ideology must be balanced by common sense and concern for our collective welfare. Editor’s note: This piece was submitted on behalf of the Cal Berkeley Democrats. Tom Hughes and Daniel Tuchler are UC Berkeley students. Reply to opinion@dailycal.org.

It is disappointing that, in the United States, it takes a disaster ... to revive the debate over gun safety.

MyLife… is my team

Will started a championship team—made entirely of accountants. Find out how he did it. Watch Will’s MyLife diary at www.kpmg-go.com/mylife. kpmgcampus.com

© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 23197NSS

Will didn’t just join the KPMG team. He built his own team to compete in a local basketball league—every Thursday night. “The mentoring KPMG provides has made me a winning team player—on the court and with my clients. I can’t wait to pass on what I’ve learned.”

5

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Tuesday, February 8, 2011

The Daily Californian

Local Mexican Restaurant to Close After 52 Years

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is the role of the state to provide funding for public universities, according to Johnson. While Montiel said the UC was definitely considering philanthropic support as another major revenue source, he emphasized, “private support is important, but that’s not the answer.�

grew rapidly in a time that Tejadas remember as their best years. “Even on rainy days, they waited in lines around the corner with umbrellas,� Rosalinda Tejada said. Despite the popularity of the restaurant, its relocation off of Telegraph has Nina Brown covers higher education. placed strain on the business, as the Contact her at nbrown@dailycal.org. new location failed to provide much foot traffic, according to Mario Tejada. “Mario’s used to be on Telegraph on the main street, and they did a lot better there,� said Councilmember Kriss Worthington, adding that high rent ;460;B 2><82B ?DII;4B prompted the move. from PAGE 2 Ma^ =Zber <Zeb_hkgbZg of Urban and Regional Development Tony Hernandez, manager of Gordo that conducts research regarding local — I think it gives us kind of an edge.� Taqueria — a Mexican food establisheconomics and housing. This boom is He, and many others, said the proment also on Telegraph — said that attributed to the city’s proximity to the cess is as beneficial as the results. Inthough both Gordo and Mario’s serve campus and Lawrence Berkeley Nasimilar food, they differ in that Gordo stalling low-flow faucets, eliminating tional Laboratory, both of which focus individual water bottles and Styrois primarily a takeout establishment. on green-related research. He added that he sees La Burrita and foam, using low-toxic cleaning prodAnd while Berkeley outranks many ucts — all on the checklist for certificaChipotle as his main competitors. nearby cities — there are only 16 in AlAccording to the Tejadas, there is tion — will save the company money in bany and 23 in Emeryville, according still no definite date for when the new the long run by lowering utility usage. to Pamela Evans, green business coor“It’s good for the environment, it’s management will take over operations dinator for Alameda County — the Bay good for us, it’s good for the company,� and that it is still in process. Area outranks the rest of California and said Waleska Herrera, marketing diRosalinda Tejada said she feels nerhas even necessitated its own Green rector for Autumn Press, a Berkeley vous about the current situation and printing company that acquired its Chamber of Commerce, based in San that the next step for the business reFrancisco, which supports the developgreen certification late last year. mains uncertain. The city boasts the highest concen- ment of sustainable business practices “Too much pain in my heart. I was tration of green businesses in the East and serves about 400 green businesses. Acting as the green business capital, the first cook for La Fiesta,� she said. Bay, according to a 2009 report from the Bay Area is home to 2,600 of the the Center for Community InnovaContact Karinina Cruz and Jessica tion, part of UC Berkeley’s Institute roughly 3,000 green-certified busiRossoni at newsdesk@dailycal.org. nesses in the state. “It’s because we’ve had a base of technology and innovation here, and entrepreneurship — it’s kind of this ORDER TO SHOW CAUSE FOR Agency, 1401 Lakeside Drive, Room perfect storm,� said Janet Pomeroy, the 222, 2nd Floor, Oakland, CA CHANGE OF NAME board president of the chamber. “We’ve NETWORKING/SOUTH COUNTY No. RG11557105 had a very forward-thinking culture BIDDERS CONFERENCE RFQ In the Matter of the Application of here and green is the future.� #900799 for Landscape Chemicals Arthur Kenneth Yu for Change of Contract, Thursday, February 17, And throughout the nation, green Name. 2011, 2:00 p.m. – City of Dublin, 100 businesses are multiplying despite TO ALL INTERESTED PERSONS: Civic Plaza, Regional Meeting economic downturn, according to the Petitioner Arthur Kenneth Yu filed a Room, Dublin, CA Responses Due petition with this court for a decree State of Green Business 2011 report, a by 2:00 pm on March 29, 2011 changing names as follows: Arthur yearly publication released this month County Contact: Evelyn Benzon Kenneth Yu to Ayumi Alice Yu. by the GreenBiz group examining sus(510) 208-9622 or via email: evelyn. THE COURT ORDERS that all pertainable business practices. benzon@acgov.org Attendance at sons interested in this matter shall The trends predicted for 2011 inNetworking Conference is Nonappear before this court at the hearclude a movement toward zero waste, mandatory. Information regarding ing indicated below to show cause, more sustainable food and agriculture the above may be obtained at the if any, why the petition for change of and water conservation, all of which Alameda County Current Contracting name should not be granted. are promoted by the Bay Area Green Opportunities Internet website at NOTICE OF HEARING: 5/6/2011, at Business program standards. www.acgov.org. 11:00 AM in Dept. 31, at 201 13th Yet with 5,000 businesses total in Publish 2/8/11 Street, 2nd floor, Oakland, CA Berkeley and fewer than 200 greenCNS-2038116# 94612. certified, the city has its foot in the DAILY CALIFORNIAN A copy of this Order to Show Cause door, but still has a long way to go. shall be published at least once a “All the companies who are doing week for four successive weeks FICTITIOUS BUSINESS business should, certification or not, prior to the date set for hearing on NAME STATEMENT the petition in the following newspapractice green practices,� said Sinan FILE NO. 447697 per of general circulation, printed, in Sabuncuoglu, owner of Berkeley DeThe name of the business: Golden this county: The Daily Californian in sign Center, which provides sustainBear Storage, street address 1650 Berkeley, California. Sixth Street, Berkeley, CA 94710, able building products and received its mailing address 725 Folger Avenue, green certification late last year. Dated: January 21, 2011 Berkeley, CA 94710 is hereby regisThe numbers of green business are Carl W. Morris tered by the following owners: growing, with 465 in Alameda County Judge of the Superior Court Reichert-Lengfeld Limited alone, and although Sabuncuoglu said Partnership, 725 Folger Avenue, he has not seen an increase in sales, he Publish: 1/25, 2/1, 2/8, 2/15/11 Berkeley, CA 94710. thinks Berkeley is leading a movement This business is conducted by a that will eventually become widespread. Notice is hereby given that sealed Limited partnership. “Down the road in years to come, it competitive bids will be accepted in The registrant began to transact will probably become a requirement the office of the GSA-Purchasing business under the fictitious busito be a green business, that you will Department, County of Alameda, ness name listed above on have to have a certification,� he said. “It 1401 Lakeside Drive, Suite 907, 7/25/2008. seems like this is the way things start.� Oakland, CA 94612 NETWORKING/ This statement was filed with the

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state funding, particularly with tuition and state support still accounting for 90 percent of core education costs — including financial aid, employee benefits and salaries as well as equipment. This is partly because public university alumni are often less likely to donate than their counterparts at private institutions, due to a perception that it

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As small independent businesses in Berkeley continue to struggle, Mario’s La Fiesta Mexican Restaurant is slated to close after 52 years, though a ONLINE PODCAST similar estab- Listen to an interview lishment under new ownership with the owners of will open up in Mario’s La Fiesta. its place. After more than half a century of serving the city with its family recipes, Mario’s on Haste Street just off of Telegraph Avenue will soon be under the new management, as current owners Mario and Rosalinda Tejada will transfer ownership of the business to a close friend, who will run a similar restaurant under the name Remy’s Mexican Restaurant. According to Mario Tejada, Juan Manuel Lopez — a former owner of Manny’s Tap Room and a former manager at Raleigh’s American Pub & Grill — will keep the establishment’s atmosphere and menu, as most of the current staff and the chef will remain at the restaurant. Mario Tejada said that Lopez has many ideas, including music, for drawing new customers to the restaurant and added that there is a strong possibility that he and Rosalinda will re-

main involved with the business. Though Mario’s has maintained its loyal customers around the Bay Area, business in the past year has slowed with a one-third loss in revenue. “2010 was disappointing,� Mario Tejada said. “(Business was) down, down, down.� The Tejadas opened their restaurant on the corner of Telegraph and Haste in 1959 and moved to their current location following the 50-year anniversary of its establishment and expiration of their leasing contract. Rosalinda Tejada said it was always her dream to open a restaurant, as she spent her childhood in Mexico, learning to cook from her mother. According to Mario Tejada, by the time he and his wife moved to Berkeley in 1954, there were not many Mexican restaurants, with the exception of several “Americanized� ones. “(It was) nothing like Mexico,� he said, adding that customers enjoyed Mario’s because of its original flavor and spices, which were especially “not like Taco Bell.� Soon after the Tejadas purchased the space for $3,000, Mario’s La Fiesta opened with Rosalinda as the chef and Mario waiting tables. They started with only three or four tables and a long counter for customers, according to Mario Tejada. During the 1960s, Mario’s business

Donors: Relying on Donations ‘Not the Answer’

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by Karinina Cruz and Jessica Rossoni

NEWS & LEGALS

NORTH COUNTY BIDDERS CONFERENCE RFQ #900799 for Landscape Chemicals Contract, Wednesday, February 16, 2011, 10:00 a.m. – General Services

County Clerk of Alameda County on February 3, 2011. Golden Bear Storage Publish: 2/8, 2/15, 2/22, 3/1/11

Soumya Karlamangla is the lead environment reporter. Contact her at skarlamangla@dailycal.org.

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former Cal quarterbackHARD won the Super Bowl on Sunday and was named the game’s Most Valuable Player, but why should you care? After all, Aaron Rodgers’ performance (24-of-39, 304 yards, 3 TD) didn’t bring the Bears any closer to a Pac-10 championship and long awaited Rose Bowl birth. Neither did Cal grad Desmond Bishop’s clutch fourth quarter fumble recovery — the play that shifted the game’s momentum back into the hands of Green Bay — do anything to help Cal’s current team, right? Well, let’s take this situation in with a little perspective. In 45 Super Bowls, there have been 41 MVPs (Joe Montana won the award three times, Bart Starr, Terry Bradshaw and Tom Brady twice each). Twenty-four of those players are quarterbacks. Nineteen Super Bowl MVPs went on to be inducted into the Hall of Fame, not including future shoe-ins like Brady, Peyton Manning and Ray Lewis, while the jury is still out on others (Kurt Warner) and the legacy of still more is still being shaped (Drew Brees and Hines Ward, for example). Rodgers entered some pretty elite company HARD on Sunday in Arlington, Texas, and at 27 years old, Green Bay’s new favorite gunslinger has a lot of football ahead of him. So what does this mean for Cal? A lot, actually.

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Tuesday, February 8, 2011Â

montgomery: Cal Coach

Questions

The school with the most Super Bowl starting quarterbacks (four: Craig Morton, Joe Kapp, Vince Ferragamo and Rodgers) now adds a champion to its list. from back Moreover, the football program’s reputation as a producer of NFL What’s behind Has Washing- they are a fun group to coach because talent took another leap forward on Oregon’s sudden ton played itself they are competitive,â€? says Montgomery Sunday evening, adding Rodgers to a surge? out of NCAA con- “We really haven’t given into anybody. list of other top draft picks from Cal We’ve just got to keep learning what tention? performing well at the next level. Cal is and what it appeals to, who it apFans at Haas (Tyson Alualu and Jahvid Best were Pavilion on Jan. 29 Without ques- peals to and how to take advantage of both picked in the first round last saw Dana Altman’s tion, the Huskies’ it. That’s a little bit of a process.â€? year. Alex Mack, a first-round pick in club compete — the Ducks nearly ral- postseason aspirations fell precipiAnd now the process is in motion. 2009, is the reigning All-Pro center. lied all the way back from an early tously this past weekend. How is it that the Bears were seconds Mankl]Zr% FZr ,% +))0 Justin Forsett and Marshawn Lynch 18-point deficit. Losing to Washington State was one away from being within one game of shared the backfield for the NFC Now they are winning, and win- thing, but being swept by the Oregon first place on Saturday night? How West champion Seattle Seahawks. ning convincingly. Fresh off a weekend schools is unacceptable for a squad did this youthful, inexperienced squad Graduating senior Cameron Jordan is sweep of the Washington schools, Or- that came into 2010-11 as a heavy con- just barely falter against a stronger, expected to be yet another first-round egon (12-11, 5-6 in the Pac-10) has now ference favorite. Add to that the crum- deeper, more tested Arizona team? selection. Need I go on?) won five of its last seven games after a bling of Michigan State’s season, and #2 “I cannot find enough good things During the pre-Super Bowl media 0-4 start in conference play. Lorenzo Romar’s squad has racked to say about Cal,â€? said Arizona coach frenzy, Rodgers told the Boston HerWhat has been the difference? up four resume-damaging losses (the Sean Miller after his 107-105 tripleald that Jeff Tedford is responsible for Certainly, the recent performance other being at Stanford). overtime victory. “Their offensive his “perfectâ€? throwing motion. I have of forward Joevan Catron has been a What has been behind Washington’s execution is second to none and they major offensive boost, especially for recent struggles? Travel, for one. All have such tremendous balance. a hunch that blue-chip quarterback an otherwise undersized Ducks squad. of the Huskies’ defeats have been away recruits will like the sound of that. Saturday’s heartbreaking loss was The Pac-10 Player of the Week has from Bank of America Arena. They have another step in improving and in And that is exactly my point. The been averaging nearly a double-double had their issues on the defensive end — learning how to win. One more step in performance of former Bears on foot— 18.5 points, eight rebounds — over allowing 81 to Oregon would qualify as establishing respect among peers. One ball’s biggest stage may not directly his last four contests. such — while Isaiah Thomas’ play has more step in this team’s long-term plan. affect the Cal squad of today, but it You can’t overlook Oregon’s defen- cooled down since his impressive early certainly affects teams in the future. “What you want to have is a prosive intensity, however. The Ducks, season performances. The point guard gram, what you want to have is sustainVery few high school recruits think who currently rank second in the shot just 4-for-17 from the 3-point line beyond their football careers when ability,â€? says Montgomery. “You want to conference in steals, were able to and committed 16 turnovers during considering their college options. A have a good team year after year. You convert 15 Washington turnovers into Washington’s three-game skid. lot of high school superstars are first don’t want to have ups and downs. If 26 points on Saturday. Just one game With that being said, the third-place generation college students and see you win a championship then you want earlier, Altman’s club held the confer- Huskies will certainly have chances football as the paycheck that will to feel like you drop off but not that far. ence’s leading scorer, Klay Thomp- to get back on track and creep back provide for their families. Despite all son, to his third-lowest output of the into NCAA contention. They trail only We’re a ways away from that, but we the obvious positives of a school like season. UCLA and Arizona in the standings. knew that this was coming.â€? Berkeley, for some no fact is as imporWith such a gap in the roster, And, lest Cal fans forget, it was Or- Further, five of Washington’s remaintant as the production of prolific pros. egon’s work on the defensive end that ing eight games are in Seattle, where countless coaches would have chased Last year, recruits undoubtedly sparked its comeback effort against the Huskies have been dominating their after superstars with NBA visions dreamed of being Cal’s next first-round and plied them to come play at their the Bears. Cal was on fire in the first 10 visiting competition. pick. Now, they can see themselves minutes, but Oregon’s full-court press Then there’s still the matter of the school. Montgomery used this opporbecoming Cal’s next Super Bowl MVP. tunity to recruit his type of players. So In just two years at Cal, Rodgers ACROSS and active zone helped take the Bears Pac-10 Tournament, which the team even in the new world of immediate out of their rhythm – limiting Cal to won last year to claim an automatic passed for almost 5,469 yards and tal9. Keatsian subject 1. Common verb 9-of-27 shooting in the second half. berth. With a deep roster and a pair payoff, is the job still fun? lied 51 total touchdowns and earned a “Yeah,â€? he chuckles. “I’d say so.â€? 10. Producing Whirlpools Finding consistent outside shooting, of suds all-conference-caliber players — share of the Pac-10 crown in 4. 2004. G R I M LHe’s Ahaving P EfunLnot because S L he’s A tryP however, has been the Ducks’ Thomas and Matthew Bryan-Amaning 11. Achilles’ Literary pseudonym Seven year later, Rodgers’ dividends 8. Pack animals ing to win a national championship this heel all season long — the squad ranks — Washington is capable of putting keep offering returns. Perhaps 12. Peddle R E N O O M E G A P A L E 13.hisMajor-__; #2 as the conference’s second-worst from together a season-salvaging run at the year. Mike Montgomery is having fun performance Sunday will be enough to 13. Facts Staples Center. The Huskies’ steward building beyond the arc. I Ahot-andG O because G E he A isR S a program. R I V E bring the next great Cal quarterbackhead to Gaelic If this team can start 20. hitting from cold play has made them disappoint14. Over Berkeley. T R E N T O N E T H I C A L outside, it can become even dan- ing up of late ‌ but that also makes Gabriel Baumgaertner covers men’s 21.more Everyone!s button 15. Papal cape Revel in Aaron Rodgers’ success with hoops. Contact him at gerous. them dangerous come March. L A S E S S E N 25. To the point 16. Cosmetics name David at sports@dailycal.org. —Ed Yevelev —Ed Yevelev gbaumgaertner@dailycal.org.

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Berkeley, California

Tuesday, February 8, 2011

www.dailycal.org

SPORTS

The Long & Winding Road

Hot n Cold Oregon and Washington have taken separate turns in Pac-10 play. See page 7

In a World Full of Short Term Success, Cal Coach Mike Montgomery Still Looks to the Future.

Christopher mcdermut/file

staff/bryan lin Karen Ling/file

anna hiatt/file

by Gabriel Baumgaertner Senior Staff Writer

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hile most coaches are trying to win a national championship, Mike Montgomery is building a program. With former coach Ben Braun’s players, Montgomery already brought Cal its first conference championship in 50 years. Now, after a nine-player exodus that left fans and pundits skeptical about this year, Montgomery is establishing his version of Cal basketball. Because regardless of his school’s talent level, location or academic standards, Mike Montgomery coaches his teams to long-term success. Montgomery’s reputation precedes him. A recipient of the John R. Wooden “Legends of Coaching” Award, Montgomery reached his 600th win earlier this season. Twenty-seven of Montgomery’s 28 teams finished their seasons with winning records. “There is no question that Mike Montgomery is one of the coaching giants,” says assistant coach Jay John. “His personality is such where he is

not in front of cameras and beating the drum, but the people in the industry respect and understand the practical coaching that takes place in his program.” Montgomery doesn’t merely win. He establishes cultures of success within of his programs. First, he compiled eight winning seasons at Montana. Then, in his second season at Stanford, Montgomery led the former basketball laughingstock to its first postseason berth in 42 years. When he left the program 16 years later, he had led the Cardinal to 12 NCAA Tournament appearances and one Final Four. In his first season in Berkeley, Montgomery inherited a team picked to finish eighth in the Pac-10 and earned a third-place finish as well as an NCAA Tournament berth. One year later, he won the conference championship. The success was great, but the staff before him had not properly prepared Cal basketball for prolonged achievement. Because of his predecessor’s haphazard future planning, Montgomery needed to build a new team.

emma lantos/file

“Generally you have some older players that know what you want and can set the tone,” says Montgomery. “Our class separation isn’t very good because when we got here there was a whole lot of one class. We’ve been trying to get this thing stabilized.” The problem is that Montgomery is trying to construct a perennial winner in an era dominated by hoop dreams. lready an inexperienced team with limited depth, the Bears endured Gary Franklin’s abrupt midseason transfer even after the freshman guard started 11 of 13 games and had taken the most shots on the team. Referred to as “ancient history” now by Montgomery, Franklin’s decision was a greater sign of the industry that Montgomery is both participating in yet battling against. Franklin wanted to play in the NBA and he didn’t think that Montgomery would prepare him for that goal. Franklin’s transfer embodies the evolution of the Division I recruiting world. It went from team building to “one-and-dones” and “package deals.” Basketball recruiting has become

A

commoditized with the allure of instant success. Coaches willingly sign players that they know will not be there for more than one season, hoping the individual can will his team to a national championship. Last season, Kentucky signed four heralded freshmen expecting a championship. The Wildcats were eliminated in the Elite Eight, and all four later declared for the NBA Draft. The attitude is not about developing a team to win, but acquiring too much talent to lose. “It’s the evolution of sport,” says Montgomery. “When you start in something, you have one notion of how it is and how it fits into an educational situation. As time goes on, it changes. There is so much more money involved now. It’s a big, bigtime deal and that changes things.” What Montgomery seeks is success through stability. To the coach who jokingly called himself a “dinosaur” earlier in the season, the cultivation of long-term success means far more than taking one concentrated shot at a national championship. For 28 seasons, Montgomery has consistently

evan walbridge/file

improved players and created winners. Students don’t merely improve their basketball skills and dedication under Montgomery — they usually develop as individuals as well. “The difference is Mike’s personality,” says John. “If a kid didn’t do something right on the basketball court, there is no pent-up emotion about him off the court. The guys recognize that. These kids then understand that they have value within the program.” Even as the oldest coach in the conference by 10 years, Montgomery is building his team and his program his way — all with youthful exuberance. The 63-year-old still shouts across the court at referees, stamps his feet when his team botches a defensive switch and vigorously claps his hands when he feels the momentum building. ven though it is his third year on the job, this is Montgomery’s team now. His recruits, his gameplan, his project. Every game is a testament that this is a team that has assumed the coach’s personality. “This group works really hard and

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>> Montgomery: Page 7

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