San Francisco Music & Culture Charter Amendment
The Problem

The San Francisco Music and Culture Sustainability Act was developed by a coalition of activists who believe that our city's legendary music, nightclub and outdoor event culture is seriously threatened by the ongoing gentrification of our city. We contend that the recent approval of an unprecedented wave of residential housing development and the associated impacts will decimate the city's music and outdoor events culture unless policy protections are enshrined as a charter directive for all city departments.

This crisis began in the mid 1990's with the proliferation of upscale live work lofts in the same formerly industrial areas that are home to many of the cities fabled entertainment venues. At the same time an explosion of interest in the electronic dance music scene brought many thousands of young people to city nightclubs each weekend. Inevitably, conflict arose between neighbors and nightclubs. The San Francisco Police Department responded with attempts to close two of the city's storied nightclubs, 1015 Folsom and the End Up, and the South of Market Police Captain Dennis Martel declared that he would shut many of the city's after hours clubs.

Then Supervisor Gavin Newsom proposed the first attempt to protect the city's nightlife, a plan to create an Entertainment Zone along 11th Street, home to the largest concentration of nightlife venues in the city. That proposal was later dropped due to opposition of residents. At about the same time, nightlife advocates formed the San Francisco Late Night Coalition (SFLNC) and brought media attention to the attacks on city nightlife. The SFLNC also lobbied Mayor Willie Brown and the Board of Supervisors, who declared support for the city's entertainment industry. Charges against the End Up and 1015 Folsom were settled and Captain Dennis Martel was transferred to the airport.

The police departments actions against entertainment venues brought to light the fact that city law gave the SFPD administrative authority over permits for entertainment and after hours venues. SFLNC activists argued that police control of entertainment permitting amounted to a conflict of interest and gave the police a policy making role over city nightlife, as evidenced by the decision to close late night venues and not allow any new ones. The controversy caused the 1999-2000 Civil Grand Jury to investigate the club permit issue and also concluded that entertainment permitting would be better handled by an alternative permitting body and that police resources should focus on enforcement.

In 2001-2002, the SFLNC worked with then Supervisor Mark Leno to develop legislation creating the Entertainment Commission, a civilian permitting authority with a mandate to promote the city's music and nightlife economy while mediating associated neighborhood disputes. The Entertainment Commission would be made up of both industry and neighborhood advocates as well as law enforcement, public health and urban planning representatives and all decisions would be made in an open public process. The Commission was envisioned to have a seven person staff, including two sound inspectors who would impartially investigate noise complaints to form an objective basis for mediation. The legislation creating the Entertainment Commission was supported by the Mayor and Board of Supervisors and in 2003, the Commission took over permit authority from the SFPD. Unfortunately, due to the severe city budget situation that year, the commission began with only two staff and no sound inspector.

The Entertainment Commission is now in its fifth year and has been fulfilling it's mandate to support the industry, but has also been hampered by an ongoing staff shortage that has kept it from achieving it's full potential. The Commission currently has only four of the seven staff envisioned by the team assigned to guide the transition from the police. Some of these issues have been outlined in a 2007 Civil Grand Jury review. For instance, some neighbors have complained that there has not been enough enforcement against nightclubs, but in fact, the Commission did not get the budget for the first sound inspector until its fourth year. In addition, the legislation that created the Commission required it to organize city departmental efforts around the annual Castro Halloween event, but funds for a special events coordinator position have only this year been authorized by the Mayor and Board of Supervisors.

Meanwhile, the same kind of issues that have plagued the city's entertainment venues have arisen anew over the city's street fairs, music festivals and parades. Complaints over noise, alcohol use and public urination have led to attacks and restrictions against outdoor events, including:

1. A draconian sound policy for Sharon Meadows instituted by the Recreation and Parks Department with almost no input by event organizers;

2. Police push for beer gardens and exorbitant police staffing at events,

3. Haight Street Faire losing it's alcohol permit,

4. How Weird Street Faire losing it's long time location and having it's hours slashed,

5. North Beach Jazz Festival losing the ability to serve alcohol in Washington Square Park and having to threaten a lawsuit over a 400% increase in police overtime costs.

These and other attacks against outdoor events in addition to escalating city fee increases have precipitated a crisis that has led to the formation of the San Francisco Outdoor Events Coalition (SFOEC). Media attention and SFOEC activism has put pressure on city departments to not continue to show preference to small but vocal groups of residents, which has led to restrictions on outdoor events. The SFOEC has also successfully fought back against regressive policies like imposition of beer gardens for events and severe departmental fee increases. But with ongoing city budget difficulties combined with new residential conflicts each year, it is clear that there are many challenges ahead for the city’s outdoor events.

Given these existing problems and the currently planned unprecedented level of residential development, the Save SF Culture Coalition is convinced that it is necessary to create a sustainability policy to protect and preserve the city’s vibrant entertainment culture from the stultifying effects of gentrification. San Francisco in the past decade has become older and wealthier and has gradually lost much of the sense of tolerance for which the city is so famous. These demographic and cultural changes will only be exacerbated as upscale condo development attracts citizens capable of affording such real estate. It is imperative that we develop progressive policy to guide this development so that our precious cultural resources are not lost. The Entertainment Commission was created with a mandate to protect and promote the city’s fabled nightlife culture and economy. The Commission must be strengthened and its mandate expanded to the level of city policy, so that city departments will create creative and balanced solutions to the problems that will inevitably arise when new housing is built in the neighborhoods that currently are home to our music venues and outdoor events.

 
 
email: info@savesfculture.com |

www.saveSFculture.com