Corporations such as Mitsubishi, Sony and Ricoh Theta have paid Norris to use his murals for commercial purposes. So when the artist received a calendar in the mail in December 2012 from Zephyr Real Estate — the largest independent real estate firm in The City — with his “El Toreador Mural” in West Portal printed alongside a home the firm sold there, he said it was a “complete surprise” and “abuse of my talents.”

In Norris’ mind, Zephyr was using his work, along with that of seven other muralists, to show that the firm and its business of selling homes in San Francisco — one of the country’s most expensive places to live — were accepted by the artists. Not only were portions of their murals published in the 2013 calendar without permission, which is copyright infringement, but so were their websites. The 41-year-old Norris — whose murals include “Victorion: El Defensor de la Mission” in the Mission depicting Victorian houses forming a robot to battle a developer and gentrification — said he was offended by what the juxtaposition might suggest to the public.

“My reputation was on the line,” he said, adding that helping to sell multimillion-dollar homes is “not an act I wanted attached to my name or brand.”

Deciding to handle the matter delicately, Norris contacted Zephyr immediately, received verbal acknowledgement of the copyright infringement and in January 2013 sought legal help with 50 Balmy Law. The law firm, located at Balmy Alley in the Mission where another mural was used for the calendar, sent a cease-and-desist letter to Zephyr in May 2013 and demanded that remaining calendars be forfeited, which Zephyr did last March. Zephyr President Randall Kostick said he did not offer compensation to Norris, but apologized and did not hear back for more than six months.

Then on Jan. 6, Norris and seven other artists filed a complaint against Zephyr alleging copyright infringement, false endorsement and misappropriation of right of publicity.

“The fundamental principal of copyright is an artist gets to decide how their creative work is used and what it stands for,” said Brooke Oliver, an attorney and CEO of 50 Balmy Law. “Murals are not free for the taking for someone to give as a gift as a promotional item.”

Besides compensation for damages yet to be determined, the federal lawsuit demands that Zephyr reveal how much the real estate firm earned from using the murals.

Zephyr gave the 2013 calendars mostly to clients who already purchased homes, Kostick said, and the houses printed alongside the murals were already sold. The real estate firm, which was established in 1978 and operates five offices citywide, sold nearly $1.8 billion in real estate in 2013, which was an increase from the prior year but consistent with the rise in market value, he said.

Kostick added that he is saddened that some longtime residents have been displaced due to the now-yearslong housing crisis in The City and that it is difficult for Zephyr to help public servants such as nurses, doctors and police officers find homes they can afford to buy.

“I’m flattered that a real estate brokerage is so influential that we can control the course of gentrification in San Francisco, but it’s just misplaced in my opinion,” he said. “I think you could point the finger at lots of enterprises like restaurants, convenience stores or coffee shops.”

As for the artists’ anguish over unwittingly contributing to The City’s desirability with their murals, Kostick said it is one of multiple things that come with economic upturns.

“Although it makes it difficult for artists to afford to live in San Francisco, it certainly makes their art more valuable,” he said.

Another plaintiff in the case, Mona Caron, created “Duboce Bikeway Mural” in the Duboce Triangle neighborhood where she has lived for nine years. Caron said she was stunned by what she called Zephyr’s blindness to the irony of the situation. Anyone on the fence about buying a home that could contribute to gentrification might do so after seeing the calendar, she said, and more of her longtime neighbors might move.

“I am a renter myself, and every time a house gets flipped, about a dozen, on average, people will leave town,” Caron said. “I’ve experienced complete erosion of my community. It feels damn lonely in this town these days.”

http://www.sfexaminer.com/sanfrancisco/sf-muralists-feel-betrayed-after-work-found-in-zephyr-calendar/Content?oid=2916733

Three Occupy San Antonio members got tickets early Sunday, two days after relocating from the entrance of HemisFair Park to a spot near the Tower of the Americas.

San Antonio Park Police officers approached eight occupiers around 8 a.m. where they had their protest material set up at an adobe building.

They issued camping without permit tickets to Jovanie Ortiz, 19, Robert Wilson, 21, and Steve Haskell, 43, with court dates in February.

“I was just lying down for a bit and I guess I kind of dozed off,” said Wilson, a San Antonio College student and cashier at GameStop. “I heard someone say, ‘Cops are swarming in!’ and … I didn’t even have time to get up.”

Wilson also got a ticket for failure to identify himself.

Police officers have maintained a 24-hour presence by the group since they were handed notices of violation of the city’s no camping ordinance on Dec. 12 and asked to move away from their original spot where New Year’s “Celebrate San Antonio” event is being set up.

The group’s lawyer, Roxana Orrell, advised a few dozen occupiers at their new location at the park Sunday evening to fill out a petition requesting a meeting with the mayor and other city officials. She also told them to fill out arrestee intake forms should citations occur.

“We’re probably going to expect more pressure come Monday morning,” Orrell said. “Don’t get behind the 8-ball trying to do survival stuff — keep up the political part of the protest.”

http://www.mysanantonio.com/default/article/Citations-issued-at-Occupy-S-A-site-2410916.php

]]> http://kwonglede.com/2011/citations-issued-at-occupy-s-a-site/feed/ 0 http://kwonglede.com/2011/occupy-s-a-to-stop-camping-at-hemisfair-park/ http://kwonglede.com/2011/occupy-s-a-to-stop-camping-at-hemisfair-park/#comments Tue, 13 Dec 2011 08:00:28 +0000 http://kwonglede.com/?p=232 The city’s tolerance of Occupy San Antonio members who have slept at HemisFair Park for more than two months appears to be running low.

Monday afternoon, San Antonio park police – who have been permissive and in some instances supportive of occupiers’ activities – approached with notices foreshadowing what could be a different chapter for them.

Each occupier got a copy of the municipal code’s camping in public section. Printed at the very top, in bold, was: “You must dismantle and remove your shelters and structures; and collect and remove your personal belongings. Continued violation will subject you to citation and possible arrest.”

“Y’all can’t camp here anymore,” Park Police Commander Steven Baum announced. “You’re making this your temporary living quarters. That is in violation of the rules.”

Baum, who in the past had nothing but praise for the “very orderly, very compliant” protestors, didn’t give them a clear-out date.

“I would move them as soon as possible,” he suggested. “All I’m trying to give you is ample warning that you are in violation.”

Frustrations ran high but were kept in check as occupiers reminded themselves that they were not being evicted but simply asked not to camp. Their consensus was to stop sleeping at the park and instead take shifts to keep it covered 24 hours a day.

“Downsize,” advised a 35-year-old occupier who goes by the name Joker. “I’m going to make it so that in less than two seconds, I can roll up and move.”

By nightfall, occupiers were taking down tarps and loading piles of everything from first-aid kits to electronics into a few vehicles. Some occupiers offered to keep the group’s belongings – including dogs – at their homes for the time being.

“It just seems like it’s going in the direction of trying to kick us out,” said construction worker Joe Ballard, 26. “How do you occupy 24 hours without sleeping?”

Camping violators will be subject to prosecution for the class C misdemeanor and a fine of up to $500, the notice stated.

Occupiers took stabs at what may have led police to crack down.

Some brought up the lack of cleanliness in their area and the bathrooms. John Meadows, 42, who said he has no other occupation, thought it may have been a few members who had erected cardboard and plywood structures when rain fell and temperatures dropped to freezing.

“They said they’d put them up in inclement weather, but it’s not that right now,” Meadows said on the 50-something degree evening. “It’s aggravating because we’ve covered that in General Assembly – we’re here because cops have been nice to us. Period.”

Meanwhile, a 30-year-old occupier who calls himself Shadow didn’t see it as a turn for the worse.

“We need to restart our movement, start protesting again,” he said. “It isn’t that Occupy gave me a park to live in; Occupy was nice enough to let me stay here while I’m working toward the betterment of our country.”

Eddie Gall, 44, a newspaper hawker on Sundays, piggybacked on the need for more action. Having 30 people at the most occupying the park at a given time is unacceptable, he said.

“We ain’t done nothing yet,” Gall said. “It’s a movement, not a stagnant.”

http://www.mysanantonio.com/news/local_news/article/Occupy-S-A-to-stop-camping-at-HemisFair-Park-2398786.php#ixzz2FKshHfxS

After a month of complying with law enforcement requests in the name of keeping their protest peaceful, Occupy San Antonio members came close to joining other movements nationwide that have a record of arrests.

In the end, most of the several dozen protestors decided to comply with an order by two San Antonio Park Police officers delivered around noon Monday to move their stuff from the gazebo area at HemisFair Park by 5 a.m. the next morning so it could be power-washed for an event.

Police usually show the occupiers an event permit and give them 48 hours to vacate. More than a handful of occupiers at HemisFair Park made a cry to stay put and risk arrest instead of move near the playground as they have a few times before.

“I’m only leaving in handcuffs in a police car,” shouted an occupier who goes by the name Shadow, 30.

By midnight, however, the group had reached a 90 percent consensus to move their things. A few occupiers still refused and the rest maintained a physical presence, prepared to confront police with signs and chants.

They grew more irritated when they found out the event, starting at 6 a.m., was an hour-long 5K run for the Texas Association of Collegiate Registrars and Admissions Officers annual conference.

Nobody was arrested. Park Police Commander Steven Baum showed up at 7 a.m. to say there had been a miscommunication he hoped to avoid in the future.

“I have nothing but praise for you — you have been very orderly, very compliant,” he said. “When there’s an event, you respect the rights of others. I appreciate that.”

http://www.mysanantonio.com/default/article/Occupy-S-A-protesters-avert-arrests-2257841.php

Several generous globs of rice, Creole seafood gumbo, dipping biscuits, fresh salad and oh, don’t forget dessert — caramel-coated popcorn balls, a Louisiana delicacy.

Never mind that they’re served on disposables and utensils are scarce. Sitting cross-legged on the ground in HemisFair Park at Occupy San Antonio’s encampment, Marty “Mac” McMillan pronounced it “delicious!”

“It’s warm, home-cooked food made with love,” the 41-year-old disabled U.S. Navy veteran said, putting his lips to the foam bowl and scooping some up with a crab leg. “She wants to do this, and you can taste it, so we’re very lucky.”

“She” is G.M. Briggs, owner of Variety Fine Foods & Caterers, the self-appointed chief cook for the group that formed here one month ago as part of a nationwide wave of protests against America’s growing inequality of wealth and power.

The several-dozen permanent occupiers now expect Briggs to show up almost without fail on weekday evenings. They hustle to carry and help set up her two rice cookers and trays of Creole fare.

She’s hard to miss, but even so, they spread the word in their systematic way: with the words “Mic check!” cueing all to carefully repeat what is said so all can hear it.

“Mic check! … Mic check! If you haven’t gotten food … if you haven’t gotten food. Come over here … come over here.”

Clad in an “Occupy S.A.” apron and chef’s hat, Briggs, 63, said she was “here for the long haul.”

“They hug me, they kiss me, they treat me like gold and make me feel a part of this very important cause,” she said.

Dinner at the encampment, as a result, is often a gourmet affair. Breakfast and lunch, on the other hand, are rarely hot meals. The donations come mostly from nearby independently owned restaurants and occasionally from franchise operations, said John Simpson, 53, who’s taken it upon himself to coordinate food.

It might have something to do with the movement’s often-articulated fight against the nation’s wealthiest 1 percent, but Simpson said corporations tend to refer his requests to their central offices and so far haven’t donated a single ice cube.

“That is pretty much what we’re fighting against — the money doesn’t filter down to the people,” Simpson said.

Simpson will give a snack to stray homeless people, but he sleeps next to the food supply to keep gluttons out.

“I get up at 7 a.m. and don’t get to bed till 3 a.m. — and keep one eye open,” he said.

Always up for grabs, though, are items he puts out on the refreshment table, like peanut butter and jelly for sandwiches and produce from places like Green Vegetarian Cuisine.

“It’s better than what I normally would be eating at home because it’s fresh vegetables and fruit,” said Blake Markgraf, 21, unemployed since his seasonal job ended at 13th Floor Haunted House. Others, like retired electrician Julio Gonzales, 59, retreat to McDonald’s for comfort.

“If we were allowed to cook here, that would be great. I’d make egg benedicts for everyone,” he said, settling for a slice of vegan cake. “I just saw my doctor, and he said I lost eight pounds.”

What’s available in the pantry is a matter of concern for Briggs, a retired military nurse who is determined to upgrade the stock.

“I’m gonna make sure they get a bottle of multivitamins,” she said. “Because a lot of them are vegetarian, and I’m sure they’re not eating properly.”

http://www.mysanantonio.com/news/local_news/article/Retired-military-nurse-helpsfuel-Occupy-S-A-2255810.php#ixzz2FKupDheR

To an outsider, the self-proclaimed “leaderless” Occupy San Antonio protesters are a highly structured community, with a list of rules, an insistence on obeying the law and a twice-a-day schedule of general assemblies and marches that start on the dot.

This local incarnation of a now-international movement denouncing Wall Street and economic injustice has maintained a zero arrest record for the two weeks and three days since its members started an encampment at HemisFair Park.

A handful of protesters spend nights there. Some 150 or so gather during the day, and hundreds more turn up for occasional larger protests.

“I feel good about the rate of growth — it’s similar to the interest and penalty fees that banks charge, and we’re paying it back in people,” said Meghan Owen, 30, who runs some of the meetings and is on worker’s compensation. “It’s my long-winded way of saying we’re growing exponentially.”

While Occupy movements in Manhattan and other major cities have generated some unruliness, there has been nothing of the sort here.

“They have been doing really well with following all of the park guidelines as well as traffic and pedestrian laws,” San Antonio Police Department spokeswoman Sandy Gutierrez said.

The group’s self-discipline and unity were on display Wednesday night during a “peace and drum” circle and march to Alamo Plaza that went from shouts to a hush exactly at 10 p.m., in compliance with the city’s noise ordinance.

But if verbal altercations have been rare between protesters and police, government officials and passersby, they have become apparent within the group itself, where some of the rank and file have chafed under the non-hierarchy of non-leaders.

Some of these frustrations came to a head Thursday night as the group moved to another side of the park because an event had been reserved at their spot.

“This is probably the third to fourth time I’ve been told I should not bring things up during the general assembly,” said Jamie Pantazi, 26, who was frustrated to tears. “I’m being told to shut up, and that is not OK.”

Writing on a Facebook thread, DeAnne Cuellar, 36, executive director of the Media Justice League, questioned the group’s attempt to register its name as a “doing business as” entity so it could accept checks.

The group decided not to pursue DBA status, but meanwhile, Cuellar said, she was shunned, accused of trying to commandeer the local movement.

“I don’t understand where that was coming from, like how does someone take over something that doesn’t belong to anybody?” she said.

Owen called the DBA attempt “a very short-lived mistake” and insisted that decisions are made by a consensus vote or put on hold.

“Everybody gets to have their say,” she said.

Occupy San Antonio’s impact so far pales in comparison to that of the movement’s larger groups, which have more resources and access to progressive colleges and working professionals with the “luxury of protest,” said Gabriel Acevedo, associate professor of sociology at the University of Texas at San Antonio.

“My feeling is that what is keeping the San Antonio movement from really rising up is not about people feeling less marginalized,” he said. “We have some of the poorest ZIP codes in the U.S., and I don’t think it’s a surprise that a blue collar-type city is not going to be this hotbed of protest.”

Still, some local participants like Daniel Brown, 25, a server at a restaurant, say the effort is about social change, not socializing or posturing.

“We’re not here to party and do drum circles,” he said. “We have a big problem with outreach right now, where we haven’t been able to reach out to various communities in our city and show we’re on the same side.”

City Council member Diego Bernal, whose district includes HemisFair, said he checks in with the group to ensure their First Amendment rights are protected. But he also warns them against holding “a built-in hypersensitivity” toward city officials. Some seem to expect their relationship with police will suddenly deteriorate, “and that’s just not on the table,” he said.

It’s a paranoia that extends to the group’s attitude toward news media. All participants who talk to reporters record the conversations, following the group’s “protocol” for such interaction.

Eric Fahrenthold, 24, a sales representative at Texas Imaging Systems, did not deny that some of the more permanent occupiers are homeless, hippies, jobless — or some combination of all three — but stressed that students and workers like himself swell the crowd in the evenings.

“The fact of the matter is that people out here were affected, or heard one or two points that drove them to come out,” Fahrenthold said. “And while they’re here, I believe they educate themselves on things going on around the U.S. and the rest of the world.”

But he also thinks the meetings are run too efficiently and abruptly — he got cut off when he tried to bring something up at Wednesday’s assembly.

http://www.mysanantonio.com/default/article/Occupy-S-A-enters-third-week-2232023.php

Gathering in solidarity with ongoing anti-Wall Street protests in New York, a group of mostly young people, numbering about 200 at its peak, brought San Antonio onto a national bandwagon Thursday.

“Occupy San Antonio!” the group shouted from dawn to dusk. “We are the 99 percent!”

Members repeatedly decried concentrations of wealth and power at a morning assembly in Travis Park and during a scrupulously well-behaved sidewalk march to the Alamo, the Grand Hyatt, CPS Energy offices, federal offices, Main Plaza and City Hall.

The group, like others that began popping up in many major U.S. cities this week, was piggybacking on Occupy Wall Street.

That campout by the young and disaffected started Sept. 17 in Lower Manhattan and eventually drew support from more organized groups and labor unions, whose members have swelled the protesters’ numbers into the thousands.

The concerns over Wall Street practices and economic inequality reverberated up to the White House on Thursday, with President Barack Obama saying the protesters are expressing the frustrations of the American public, the Associated Press reported.

Los Angeles police arrested 11 demonstrators who entered a Bank of America branch during a downtown march by hundreds of people Thursday.

San Antonio participants said the discontent is driven by a belief that corporations, financial institutions and a small handful of people control too much of the country’s resources and direction. It differentiates this protest from others in the past, said Meghan Owen, 30, who’s on workers compensation.

“We need to cut off the head of the beast in order to succeed,” she said. “We’ve always been told to work from the bottom up, but it has never worked in the past. This time, we’re going to take it all at the same time.”

The protest “was extremely peaceful” and the marchers didn’t interfere with traffic flow, San Antonio Police Department spokeswoman Sandy Gutierrez said.

“Peacemaking Committee” members made sure of that, said Vaughn Tangero, 28, who is unemployed and homeless. Though meeting for only a week, the group formed transportation, medics, legal and food committees.

“We’re leaderless but we’re organized,” Tangero said.

And it doesn’t counter the spontaneity that sparked Occupy Wall Street, said Rosa Martinez, 25, a digital design student at San Antonio College.

“We have a general assembly here; everyone votes,” she said.

Conflicting views were occasionally expressed, however. Stopping by to get a feel for the movement’s mentality, Vietnam veteran David Fasci, 60, said it was an insult to see a University of Texas at San Antonio student wearing nothing but fake marijuana leaves and a U.S. flag.

The history major, Vonia Smith, 27, said she wore a flag diaper to demonstrate “that the government is full of crap.”

It started with a Facebook page that local musician Bryan Hamilton, 28, created Sept. 28 for a few friends who wanted to join Occupy Austin. Then it snowballed.

“We thought, ‘Why should people have to go to Austin? We have problems here in San Antonio,’” he said.

About 30 protesters planned to spend the night at HemisFair Park, where the chants and cheers continued past sundown.

Though the fervor in San Antonio paled in comparison to the protest in New York and those she witnessed as a little girl in the 1960s, Evelyn Adamo, 51, said she still saw a “reawakening of a consciousness” in Thursday’s event.

“They started seeing the troubles around them and they realized they have the power to change that with love,” she said of past demonstrations. “That is what is happening today — things are not working, and people are waking up.”

http://www.mysanantonio.com/news/local_news/article/Cries-of-Occupy-San-Antonio-ring-throughout-2205816.php#ixzz2FKu1SuLI