DEPTH PERCEPTION

This article originally appeared in the November, 2009, issue of inGen Magazine.

On the morning of October 26th, 2009 at San Francisco’s City Hall, the City Operations and Neighborhood Services Committee convened to discuss legislation that would have serious ramifications for the city’s many late-night clubs and establishments. At the heart of the discussion was whether to amend the police code to allow the Entertainment Commission to handle the permit process for clubs and venues. If the legislation failed, the police would retain control of this process and would only escalate what is perceived to be a war on San Francisco’s music and club culture.

Fortunately, the legislation did pass, but it still has to go before the Board of Supervisors. This day is only a small victory in what has become a larger conflict being waged by various government organizations against venues that cater to live music, dancing and performance events. One of the groups at work is the California Alcoholic Beverage Control (ABC) which has begun issuing citations to some of the cities most respected venues for seemingly inane infractions.

The ABC has decided to go after all-age venues that have liquor licenses in an attempt to force these establishments to become 21 and up. The ABC’s tactics are to use antiquated laws requiring all-age venues to serve food in addition to alcohol. Slim’s, Bottom of the Hill, Cafe du Nord and DNA are just a few of the clubs that have been cited for not offering enough food or for not reporting food sales that are equivalent to their alcohol sales. Essentially, late night venues must become full-blown restaurants or risk loosing their alcohol licenses.

In a video produced by NBC Bay Area and available on the San Francisco Late Night Coalition’s website (www.sflnc.com), a lawyer representing several of the clubs states that the ultimate goal of the ABC is to shut down all venues which sell alcohol. Many of these clubs have begun what are sure to be prolonged legal battles in an attempt to fight what is seen as liberal interpretations of the law by the ABC. The irony is that the ABC may win whether the courts side with them or not as many of these clubs will close under the financial stress of the legal process.

But this brings us back to the San Francisco Police Department. In an April 22, 2009 article entitled “Fun under siege,” the San Francisco Bay Guardian reported that the SFPD has been tightening the screws on street fairs by raising fees and requiring fair fees upfront instead. This tactic forces promoters to come up with money they don’t have and essentially shuts down the event before it can even happen. In addition, the SFBG said that City officials have had to intervene to stop the police from cracking down on many of the left-field happenings, like Bay to Breakers, that have come to define San Francisco’s culture.

The most troubling trend though has been the aggressive crackdown on unlicensed underground events. For the past six months, underground dance parties, Burning Man fund-raisers and all-night soirees have been raided by groups of undercover police officers. In addition to shutting down the events and handing out fines, the police have taken it up a notch by arresting attendees and confiscating sound gear and equipment, including computer laptops. Many of the people I spoke with who were involved in these events have told me the police are unwilling to return their equipment even when no charges were filed.

San Francisco is a city that has defined itself by embracing all forms of personal expression. The LGBT community, Burning Man and the LovEvolutions parade are just some of the numerous cultural movements that have been able to flourish on account of the City’s progressive social attitudes. But if the ABC, SFPD and a small but vocal minority of residents have their way, these social groups will have fewer and fewer places to congregate whether it be in public spaces or private establishments.

Any form of expression and assembly, whether is be through music, dancing, performance or participation, is our fundamental right under the Constitution. Therefore, it is up to each one of us, as members of this diverse community, to come together and protect San Francisco’s rich cultural heritage.

We at inGen Magazine encourage our readers to get involved in the fight. Go to www.stopthewaronfun.org and www.sflnc.com to find out more about what you can do to help defend San Francisco’s nightlife.