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Limit Rights Reserved. Not Responsible for Typographical Errors. No Sales to Dealers or Resellers. Rebates Subject to Manufacturer’s Specifications. Designated trademarks and brands are the property of their respective owners. Sales tax to be calculated and paid on the in-store price for all rebate products.Actual memory capacity stated above may be less. Total accessible memory capacity may vary depending on operating environment and/or method of calculating units of memory (i.e., megabytes or gigabytes). Portions of hard drives may be reserved for the recovery partition or used *Note: Some products only offer 15 days. Other conditions apply. See additional terms and by pre-loaded software. conditions at http://www.frys.com/onlineads/0001507075
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metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
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11 5
JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
THIS MODERN WORLD
By TOM TOMORROW
I SAW YOU
metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
6
ISawYou@metronews.com Send us your anonymous rants and raves about your co-workers or any badly behaving citizen to I SAW YOU, Metro, 380 S. First St., San Jose, 95113, or via email.
Smartphone Savior
comments@metronews.com RE: “DONALD TRUMP SUPPORTERS SUE CITY OF SAN JOSE,” SAN JOSE INSIDE, JULY 20
I’m 100% against Trump, but they should win. They deserved protection. @DINOCELLO VIA TWITTER RE: “CITY LIGHTS THEATRE’S ‘AMERICAN IDIOT’ WOWS,” MUSIC, JULY 20
City Lights is a great theater and their productions are always excellent! PEGGY CREAMIER VIA FACEBOOK
On a sunny Friday evening we all get to loosen our ties or let our hair down and suck on some suds. Even though the weekend is only two days, we all feel like we won’t have to work ever again! I reach in my pocket and pull out my Samsung Galaxy S6 to make the call. “Whoa! Is that a Droid?!” you ask. “You should get an iPhone, man!” As if I were a smartphone heathen and he was my cellphone savior coming to spread the Gospel of Steve Jobs and introduce me to the Kingdom of Apple. Then you came across the table and sat next to me, trying to convert me and preventing me from calling my wife. Maybe it’s best she didn’t meet us because we were on the same plan and naturally had the same Samsung Galaxy (different colors, of course). “Droids suck, man. You should get the new iPhone 6S,” you said, forgetting that
RE: “PROPERTY AUCTION STARTUP RENTBERRY ANGERS TENANTS,” NEWS, JULY 20
What a piece of sh#*t. DAVID SKEETERS VIA FACEBOOK
RE: “PROPERTY AUCTION STARTUP RENTBERRY ANGERS TENANTS,” NEWS, JULY 20
RE: “PROPERTY AUCTION STARTUP RENTBERRY ANGERS TENANTS,” NEWS, JULY 20
RE: “PROPERTY AUCTION STARTUP RENTBERRY ANGERS TENANTS,” NEWS, JULY 20
Loved Steve Silberman’s response. What a horrible idea, encouraging people to bid up rents.
If people would stop complaining about not putting XXX development in their neighborhood, this guy wouldn’t have a business model. Lack of building for the demand for years caused this.
At least in renting a place, you don’t have to worry about being outbid...right? Well, that’s about to change.
KATHRYN HEDGES VIA FACEBOOK
RYAN PARZ VIA FACEBOOK
@ALICIAINEDMONDS VIA TWITTER
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JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
7th San Jose DOUBLE Running
11 7
metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
THE FLY
Tom Gogola
8
SVNEWS
49ers Draft Football season has a way of sneaking up on summer, but the most important games the San Francisco 49ers play this fall might actually take place away from the gridiron. A City Council majority is up for grabs in Santa Clara, and the NFL club that now calls the Mission City home has designs on supporting more team friendly candidates. Mayor LISA GILLMOR and council colleagues DEBI DAVIS and TERESA O’NEILL have been a thorn in the Niners’ side going back to before Levi’s Stadium hosted Super Bowl 50 in February. They Gillmor has repeatedly Did questioned whether city What? staff and the team’s stadium management SEND TIPS TO FLY@ companies are providing METRONEWS. an accurate picture on COM revenue and expenses. Following the mysterious post-SB50 resignation of former Mayor JAMIE MATTHEWS and the expedited exit of City Manager JULIO FUENTES, 49ers owner JED YORK went from having the city on his side—if not in his pocket—to being a whipping boy of fans and electeds alike. Gillmor inherited Matthews’ term through 2018, but Davis and O’Neill’s seats are up for grabs, while council appointee KATHY WATANABE’s seat is open and Councilman JERRY MARSALLI will not seek re-election; councilmen PAT KOLSTAD and DOMINIC CASERTA term out in 2018 and have been good soldiers for the club. Word is the team has not only recruited AHMAD RAFAH, a former policy advisor to Rep. MIKE HONDA, to run for council but also supports former Santa Clara Mayor PAT MAHAN and Councilman JOHN McLEMORE in coming out of political retirement. McLemore has been a consultant to the Niners—his phone number ends in the suffix 4949—and Mahan helped lead the Measure J campaign to build Levi’s. Her return is not without some hypocrisy, though, as Mahan once criticized others for gaming term limits to remain in office.
Penalty Duel LOOKOUT POINT Competing plans to fix the state death penalty could affect 747 inmates at San Quentin.
Opposing propositions seek to fix capital punishment in California BY LINDSEY J. SMITH
M
OMENTS BEFORE Richard Allen Davis was sentenced to death in a San Jose courtroom for the kidnapping and murder of Polly Klaas, the young girl’s father addressed the court.
“He broke the contract; for that he must die,” Marc Klaas said on Aug. 5, 1996. “Mr. Davis, when you get to where you’re going, say hello to Hitler, say hello to Dahmer and say hello to Bundy. Good riddance, and the sooner you get there the better we all are.” Davis entered the Klaas family’s life on Oct. 1, 1993, when he broke into Polly Klaas’ mother’s home in
Petaluma and kidnapped the 12-yearold. The ensuing two-month search engrossed the nation, and ended when Davis led investigators to the young girl’s body. But for Marc Klaas, the torture was far from over, as the case evolved into an emotional threeyear trial. At sentencing, Davis, who was also convicted of attempting lewd acts on Polly, delivered a final blow, alleging the young girl had begged him, “Just don’t do me like Dad.” Klaas has looked forward to the killer’s execution as the lifting of a burden. But at sentencing he never imagined that 20 years later he’d still be awaiting that day. Since 1996, Davis—who sits on death row in San Quentin State Prison, a scant 10 miles from Klaas’ Sausalito home— has had just one appeal heard. His situation is not necessarily unique; the majority of the state’s 747 condemned
have been on death row for between 16 and 24 years, with one awaiting execution for 38 years. Klaas spends his days running the KlaasKids Foundation, one of several nonprofits started in Polly’s memory. But after receiving a call from the California District Attorneys Association, he’s turned his attention to endorsing Proposition 66, a proposal to reform the death penalty headed to the November ballot.’ “It was never my intention to be an outspoken advocate of the death penalty,” Klass says, “but apparently it just sort of played out that way.” Come election day, Prop. 66 will be up against another death penalty initiative, Prop. 62. Each initiative addresses California’s broken death penalty system, which leaves the condemned to languish for decades. But the two plans present diametrically opposed solutions. Simply titled “California Death Penalty Repeal,” Prop. 62 would replace the death penalty with life in prison without parole. The legislation sprung
as habeas corpus appeals, would need to be presented in one case. It would assign inmates counsel on the day of their sentencing, and would allow the state supreme court to force qualified attorneys to take capital appeals cases as a condition for being assigned to other cases in the future. Prop. 66 also allows the condemned to be housed in facilities other than San Quentin. “When we talk about speeding up appeals some of it sounds sort of unfair,” Hanisee says. But, she adds, slowing down the process can be equally unjust to inmates. In the first capital verdict she oversaw as a Los Angeles deputy district attorney, the condemned man waited four years to be assigned an appellate lawyer, and another year for the lawyer to get up to speed on the case. Eight years later, his appeal has received 21 extensions, according to Hanisee, and no opening brief has been filed. “If [he] were innocent or had a legitimate cause, it’s not getting heard,” she argues. Both campaigns claim they will save taxpayers millions of dollars annually. Prop. 62’s website says abolishing the death penalty say will save the state $150 million per year, a figure that squares with a May 2016 report from the LAO. Prop. 66 savings, the LAO said, “could potentially reach the tens of millions of dollars annually,” but not hundreds of millions. Overall, the report concludes that Prop. 66’s long-term fiscal impact is unclear because it would reduce caseloads but require state courts to be staffed at higher levels. Fiscal arguments may sway some voters, but the death penalty at its core is an emotional issue.The propositions require a simple majority to pass, and if both receive more than 50 percent of the vote, the one with the higher percentage will become law. Twenty years have passed, but the death penalty remains an emotional issue for Marc Klaas. Davis no longer dominates his thoughts the way he once did, but his extended stay on death row prevents the closure Klaas seeks. “Oh, I’m gonna drink champagne the night that he’s executed,” Klaas says, the white of sailboats in Richardson Bay glinting through his kitchen window. “The mere fact that he still exists on this Earth influences my life and it influences my thoughts. So, eliminate him and you eliminate that burden.”
9 JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
from the seeds of 2012’s Prop. 34, which would have abolished the death penalty had it not lost by a narrow margin. “What the polling shows is that there’s a big difference in the way voters react to the question ‘Do you want to end the death penalty, period?’ to ‘Do you think we should replace the death penalty with life without the possibility of parole?’” says Paula Mitchell, an author of Prop. 62 and professor at Loyola Law School. She and others behind the campaign found voters are much more comfortable with the idea of substituting a life sentence rather than abolishing the death penalty altogether. The legislation would also force death-row inmates to work in prison and pay restitutions to their victims’ families, a facet it shares with Prop. 66. District attorneys and elected officials have endorsed Prop. 62, including Lt. Gov. Gavin Newsom and former President Jimmy Carter. Since 1978, when capital punishment was reinstated by voters after brief abolition, California has spent more than $5 billion to run the largest death row in the Western Hemisphere. In that time, 930 people have been sentenced to death but only 15 have actually been executed, according to the state Legislative Analyst’s Office (LAO). No executions have been carried out in California in the last decade because of challenges to the state’s lethal injection protocol. For Mitchell, one of the most compelling reasons to abolish the death penalty is the risk of executing an innocent person. Since 1973, she notes, 144 people on death row have been exonerated. On the other hand, Prop. 66, known as the “Death Penalty Reform and Savings Act of 2016,” contends that the death penalty is not beyond repair, and that it is our duty to fix it. “This arose out of a will to represent the obvious desires of the majority of the citizens of the state of California,” says Michele Hanisee, a key opponent of 2012’s Prop. 34. Prop. 66, which is backed by a long roster of district attorneys, sheriffs and law enforcement, including the San Jose Police Officers Association, attempts to reform capital punishment on several levels. Appeals to the state supreme court based on the trial record would need to be completed in five years. All appeals based on evidence or issues outside the record, known
Saturday, august 13, 2016 1pM - 5PM
(Check-in begins at 11aM)
municipal stadium Beer Mile | after party | Live music | games
Tickets: WWW.NATionalbeermile.com sponsored by: 588 E Alma Ave, San Jose, CA 95112 /nationalbeermile |
@natbeermile |
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An inside look at San Jose politics
WEB: SanJoseInside.com TWITTER: @sanjoseinside FACEBOOK: SanJoseInside
Kara Brown
metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
10
JUSTICE OF JUST US Police departments and their unions could create radical change and
better protect officers if they simply stood up and argued for gun control.
#BlueLivesMatter Misses Key Moment for Change BY JOSH KOEHN One of the most frustrating aspects of the Black Lives Matter movement is how it continues to be misunderstood. In particular, law enforcement has consistently failed to understand the movement’s core tenet: black people are not less than, and they’re tired of being treated as such. This shouldn’t be a lightning rod point. It’s arguing for treatment that is not separate, just equal. But in a press release sent out last week, after three Baton Rouge police officers were gunned down following five in the Dallas sniper attack, the San Jose Police Officers Association (POA) suggested that the Black Lives Matter movement is an illegitimate cause. It noted that “we need action” as a society over “more statements of condemnation of these heinous acts or pledges of remorse for these latest murders.”
The statement concluded: “The hypocrisy must stop for a dialogue to start.” In fact, the hypocrisy of statements like these needs to stop for a real dialogue to start. The #BlueLivesMatter vs. #BlackLivesMatter hashtag clash forgets that these positions are not mutually exclusive. But while we appropriately rally behind law enforcement in the wake of senseless murders of officers, we should not fall back to tropes such as “All Lives Matter.” This is a misdirection and avoids having the conversation we need to have, just as the POA denied or ignored my requests for an interview about their statement. Black Lives Matter has never been about raising one group of people over others for a rare glimpse from the top. It’s about the very real fact that
black men and women in this country have been systematically targeted, oppressed, incarcerated and killed by police in disproportionate numbers for generations, and it needs to stop. “The families of these fallen and injured officers need our support, prayers and commitment to do all we can to take the necessary action to protect law enforcement personnel and hold the cowardly murderers accountable,” the POA statement reads. So, how can we better protect law enforcement? Laws in California already give considerable protection to police. As I reported in a 2014 story about officer-involved shootings, an officer of the law merely needs a reasonable fear for his or her safety to open fire and kill a person. This is how an elderly Vietnamese woman holding a potato peeler is shot to death.
This is how a man in a doctor’s costume, sleeping in a hotel stairwell after a Halloween party, gets shot somewhere between 24 and 26 times. There have been more than several dozen officer-involved shootings in Santa Clara County since 2009, and not a single officer has ever been charged with improperly firing their weapon. That’s one way we protect officers. We give them the benefit of the doubt even when we disagree on what constitutes a proper amount of force. But if we really want to protect our police officers, why hasn’t the Blue Lives Matter movement taken a firm position on greater gun control and mental health initiatives? Many of the men and women shot and killed by police are suspected of having a weapon, so why do we as a society still insist on allowing people to arm themselves to the teeth? It is no stretch to say that the people who have targeted and killed random police officers are insane, just like someone who takes a highpowered rifle and attacks a school full of children has lost their mind. Why haven’t we seen police unions sponsoring a raft of mental health initiatives? Why has the Blue Lives Matter movement failed to discuss how police officers are being outgunned? The only request currently being made by police is to make violence against police a hate crime, and give more military grade weaponry to local departments. Why hasn't law enforcement put a greater emphasis on simply banning the possession of military grade weapons to the public? When everyone is strapped like a Call of Duty character, the only advantage is high ground—and morally, police unions will not have it until they admit that they have done nothing as a powerful lobbying force to fight the NRA. There are bad apples on all sides, in law enforcement and political movements that demand aggressive change. But the political will is there to do something, if police will only stand up and make the discussion about gun control, mental health and justice—instead of them versus just us. To read the full column go to SanJoseInside.com.
11
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San Jose police accused of wasting precious resources targeting gay hook-ups in public bathrooms BY JENNIFER WADSWORTH
FULL CIRCLE Famed “toilet lawyer” Bruce Nickerson has made a career out of defending gay men against charges of lewd conduct.
A
T COLUMBUS PARK, where San Jose decades ago cleared hundreds of homes beneath the municipal airport’s flight path, jets wing in low enough to rattle the signposts. By day, the poorly kempt 10-acre tract bustles with softball teams. Weekends bring beach volleyball players and horseshoe pitchers. Mostly, it’s left to the tent-dwellers who live among clustered trees and along the adjacent Guadalupe River. The park’s dusk-through-dawn
desertion gave rise to its reputation as a cruising spot. A bathroom on the western edge of the baseball diamond becomes, on occasion, a byplace for men who want to have sex with other men. John Ferguson, a South County native in his mid-50s who knew of the park’s repute, says it seemed empty as usual when he stopped by one evening in May last year. But minutes after he latched the toilet stall, a man clad in shorts and a T-shirt ambled in to use the urinal. Ferguson spied a round cutout in the mottled black partition—a gloryhole, meant for soliciting sex—and, impulsively, slipped his forefinger through as an invitation.
The man on the other side stepped back, paused and then walked outside. Ferguson shrugged it off as polite rejection and got up to leave. But the stranger, idling by the door, struck up a conversation. “How often do you come here?” the man asked, a coy smile parting his lips while telegraphing what Ferguson took for meaningful eye contact. Ferguson puzzled over the mixed signals from this cute, muchyounger stranger, but lingered to chat. Maybe they could exchange numbers or continue the repartee elsewhere, he recalls thinking, indulging a whit of naïve optimism.
A third man appeared minutes into the exchange. The sexual tension must have been palpable, Ferguson figured, because the newcomer stepped into the bathroom, dropped trou and began to masturbate. Just then a fourth person arrived, brusquely introducing himself as Officer Adam Jenkins of the San Jose Police Department’s Downtown Services Unit. Ferguson’s breath quickened in panic. The guy he’d been flirting with—Officer Samuel Marquardt, as it turned out—whipped a badge out from under his shirt and broke the bad news. The man who exposed
13 JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com Greg Ramar
himself was caught in the act and charged accordingly. But Ferguson’s alleged violation was one of intent. Stunned, he agonized over how the ill-fated encounter would affect his career as a federal agricultural biologist. He’d taken an extended sabbatical to write a book—would the government hire him back with this kind of black mark on his record? Would he pass a background check for new work or housing? Would he have to register as a sex offender? How would he tell his family? Shock turned to shame. Ferguson had spent decades coming to terms with his sexuality, which he considered
a symptom of being molested as a child. For years, he endured evangelical Christian pray-the-gay-away therapy to cure his same-sex attraction. When that failed, he turned to drugs to suppress it. Not until his early 40s—after sobriety untangled his innate self from trauma and addiction—did he finally come out of the closet. But on his half-hour drive home, that lifetime of hurt crashed back to the present.
Making a Case Officer Marquardt cited Ferguson for a petty crime, but one freighted with controversy and historical import.
Section 647(d) of the California penal code outlaws loitering in or around a public restroom for the purpose of engaging in a lewd or lascivious act. Police often couple it with 647(a), which makes it illegal to solicit or engage in lewd conduct in public. Because they’re classified as sex crimes, the punishments for code 647 arrests often go far beyond plea-bargained misdemeanor settlements of $1,000 fines or community service; they may require giving up Fourth Amendment rights or registering as a sex offender. Although people of all orientations have sex in public in parked cars on lovers’ lanes and on streets, in parking
lots or at the beach, 647 citations disproportionately upend the lives of men who seek out homosexual companionship. That SJPD apparently applied the former charge solely to gay men using male decoys to feign interest evokes a not-so-distant past of sanctioned oppression against anyone other than straight. It also puts the city at risk of federal litigation. Bruce Nickerson, a 75-yearold attorney who spent half his life defending men against such allegations, plans to take the city of San Jose to task in a case that could culminate his storied career.
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“A lot of gay rights attorneys turn up their noses at what I do,” says Nickerson, known by detractors and allies alike as the state’s pre-eminent “toilet lawyer.” “But there’s a reason I do these kinds of cases. Because worse than being fired because you’re gay is to be arrested for being gay. The most fundamental right of any person is to be free of imprisonment.” Gay rights advocates, who certainly don’t excuse public sex or boorish behavior, deride the stings as a form of entrapment. They object to the way police seem to unfairly fixate on gay men and go out of their way to elicit sexual interest by conveying spoken and nonverbal cues such as below-the-stall foot tapping or outright propositions. After decades of denouncing gay cruising stings, critics have made some headway in recent years as the public grows more supportive of LGBT rights. Police in Mountain View and San Leandro stopped undercover 647 crackdowns after a series of lawsuits over the years pegged them as unconstitutional. So did Palo Alto and Sunnyvale. “We do not conduct these stings, nor, to my knowledge, have we ever in my 18-year career,” Palo Alto police spokesman Lt. Zach Perron tells Metro. The Santa Clara County District Attorney’s Office rarely sees the charge, having prosecuted only 33 cases for
647(d) in the past decade—24 of them, however, since SJPD doubled down on the toilet busts in 2013. In April, a Los Angeles County judge tossed identical charges in a closely watched case against one of Nickerson’s clients from Long Beach. Not two months later, he heard about a similar dismissal in San Jose, where he defended his first client against the same allegations 35 years ago. Since his inaugural case, cities throughout the nation have all but ended gay cruising stings after so many acquittals, bigmoney lawsuits and the resulting public backlash. To hear that the 10th largest American city revived the practice as recently as 2015 came as a shock. “Outrageous,” Nickerson says. “There was a general understanding that they wouldn’t continue this.” San Jose police and prosecutors that argued the cases deny claims of prejudice. SJPD spokesman Sgt. Enrique Garcia objects to even calling the operations “stings” because no overtime was used and the officers work their shifts in plainclothes anyway. Each one, he says, came in response to complaints from the public. SJPD has since suspended the practice, though Garcia says it may resume if the need arises. “We had a judge render a decision that the arrests were invalid, but that’s not unusual,” Garcia says. “We have
15 The late Franklin Kameny, a WWII veteran with a doctorate from Harvard University, may well have served a distinguished career as an astronomer in the Army Map Service had his sexual orientation remained secret. But this was during the “Lavender Scare,” the mass firings of gay and lesbian federal employees by an executive order of President Dwight D. Eisenhower. Kameny lasted five months. The government canned him once it found out that the “morals squad” arrested him as a “sexual pervert” across from the White House in Lafayette Park, a gay cruising ground. More than a decade before the Stonewall riots in New York, Kameny turned his 1957 arrest into the spark that ignited the nation’s gay civil rights movement. By litigating against his termination, he became a powerful force in confuting the notion of homosexuality as a perversion and the laws based on that premise. The generations to follow saw state after state decriminalize sodomy. Meanwhile, beginning in the 1960s, the United States Supreme Court repeatedly affirmed a right to privacy that prevents the government from meddling with people’s consensual sex lives. Only in the past few years has the nation legalized same-sex marriage, lifted a ban on openly gay military members and made greater efforts to dismantle lingering dregs of systemic bigotry. Now, just as the Orlando massacre intensifies national concern over gay rights, San Jose stands to become an example of how institutional discrimination persists in picayune laws and oblivious bias.
War for the Soul Nickerson turned the old saw about a man’s home being his castle into reality. When he bought his San Carlos abode in the 1970s, he added a third story, poured his own concrete balusters, installed a faux-stone facade and narrow stained-glass windows to model it after a castle in Germany. “My poor man’s Hearst Castle,” he says, allowing a moment’s pause to admire his handiwork before heading inside. Most days Nickerson and his roomrenting tenants use the kitchen door,
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JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
cases heard in court every day—some get adjudicated, others get thrown out. This wasn’t what we call a case law or precedent. We are still going to respond to criminal activity as best we can. We are obligated to respond.” To LGBT advocates, however, the tactics bear troubling traces of recent history, when police raided gay bars and private bedrooms and publicly circulated mugshots of people arrested for the “perversion” of homosexuality. All too often, the accused would lose their jobs, homes, families and their will to live. Historic persecution and the stigma associated with gay bars or bathhouses rendered public park cruising into a something of a subculture, says Attila Szatmari, spokesman for a gay male hookup app called Squirt. Men who cruise at public parks tend to lead double lives. They’re often older men unfamiliar with mobile apps, or they came out later in life and feel out of place in the younger gay dating scene. Divorced from cultural context, a misdemeanor seems trifling. But it shows how enforcing laws without a nuanced understanding of why they were created and how case law subsequently reshaped them can erode trust between police and marginalized communities. For example, U.S. Justice Department statistics show that police disproportionately target AfricanAmerican men for driving infractions. A petty crime, but one that inspires a very real fear because of a mounting number of high-profile cases in which police shoot unarmed black men during routine traffic stops. Gay, lesbian, transgender and otherwise queer people have their own strained relationship with law enforcement. Queer youth remain some of the most vulnerable, according to a 2015 survey by the Urban Research Institute, which found that 70 percent of LGBT runaways had been arrested at least once. Generations of gay Americans grew up viewing police as a source of fear, not protection, says Brian Sharp, an openly gay veteran cop who consults with police agencies on how sexual orientation figures into into criminal justice reform. California’s 647 violations resemble a charge that galvanized one of the most important figures in American LGBT history 60 years ago.
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metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
Jennifer Wadsworth
SINGLED OUT John Ferguson, one of several gay men acquitted in a sex-crimes case, plans to sue San Jose police for discriminatory enforcement.
but first-time visitors get escorted through the front entrance to witness the spectacle of the main room. Every nook in the cathedral-ceilinged lobby has been lovingly filled with mementos of his travels, hobbies and life’s work. A model train track winds its way around the perimeter of the room and a bridge connects two landings overhead. Photos of his journeys to Nordic glaciers and Gothic castles represent checks on his 200-point bucket list, which he’s 10 away from completing. The most beautiful view on the planet, he says, lies only a few hours away in Yosemite. One wall is taken up by a twostory pipe organ, which plays his impassioned melodies in mighty bursts through speakers inlaid in the ceiling. On Sundays, he plays a much smaller organ at the local Episcopalian church, his shelter dog Sheba frequently flopped beside him on the floor. Every so often, he invites his two ex-wives,
ex-boyfriends, their partners and other friends and family to his castle’s front room for a classical recital. Second to law, he calls music his greatest passion. Before he summoned the strength to live on his own terms, Nickerson channeled his energies into conforming to the heteronormative expectations of the people around him. His father was a former Golden Gloves boxer and atheist who distrusted anything unseen, and his mother a Pentecostal minister with unwavering spirituality. “Together,” he says with his signature aplomb, “they warred for my soul.” When Nickerson reached the age of 5, they somehow began to intuit homosexual tendencies. His father determined to beat it out of him for a host of trivial reasons, he says. His mother, on her part, prayed the blood of Jesus over him to protect him from menaces outside, but offered no defense against “the monster
down the hall.” Nickerson tried to live as a straight man at community college and Stanford University. In his twenties, he married a woman who had his son and another who became his second wife. “I gave it a valiant effort,” he says from his second-story home law office, where heaps of binders, court records and books fill virtually every square inch. “I was fortunate enough that the woman I married was one for the ages. Together, we set about raising our son, who’s the son of any man’s dreams.” After his second divorce, and in the throes of depression, he says he had an epiphany. With two failed marriages, a defunct business, a conflicted identity and having done little with his Stanford degree, he realized that God loved all of him anyway. “I had been living life with wings strapped to my sides, and suddenly I could use them,” Nickerson says.
“We’re in 1975 now, in the midst of the gay rights movement, and I’m finally an openly proud gay man who starts thinking, ‘How do I make this into a career?’ Well, if you really want to affect change, I realized, you should become a lawyer.” At 39 years old, he took his first case, representing a man who had been arrested in San Jose at an adult bookstore called Circus. An undercover officer peered into a porn booth at the private business, saw the man masturbating and arrested him for lewd conduct. When Nickerson cited the 1979 case law about intent to offend, the prosecutor scoffed at the defense as pointless because these cases inevitably get settled anyway. This time, however, the trial ended with a hung jury—short of a triumph, but heartening to civil rights attorneys watching the case. “We realized that we could actually start winning these,” Nickerson says. “So I focused on this type of case because these people were innocent. They weren’t a menace … so acquitting them wouldn’t cause damage to the public. Plus, I thought these stings were a waste of resources.” Only one of the 10,000 police reports he says he’s read on lewd conduct arrests of gay men involved a child wandering into a bathroom and witnessing an erotic dalliance. That, Nickerson agrees, was a valid arrest. He says the rest almost invariably involved mere verbal intent, sex in enclosed spaces, or performed surreptitiously without intent to offend. Over the course of three-and-a-half decades, Nickerson has made new case law five times. He has brought juries to the scenes of so-called crimes in public bathrooms in some cases and brought replica porn booths to the courtroom in others to illustrate how arresting officers would have to go out of their way to see anyone wanking off. He has cleared the records of gay men who lost their jobs, families and friends over lewd conduct arrests. He has defended his practice on the air against a sputtering Bill O’Reilly, who cut his mic. “Here I am, 75 years old,” he says. “I have congestive heart failure, so I have to sit down in front of the judge. They’re quite gracious to let me do that. I thought about retiring, but … there’s more work cut out for me.”
17 Without any direct involvement in Ferguson’s case, Nickerson helped clear his name and that of many others with a courtroom victory decades ago. In 1996, he landed a sixfigure judgment with a unanimous decision from the California Supreme Court that the Mountain View Police Department unlawfully singled out gay men in lewd conduct arrests. Over two years in the early 1990s, undercover Mountain View cops flirtatiously lured gay men to a car. Once in the open, the officers would cite the men for soliciting a lewd act in public. Nickerson defended 10 men who fell for the honeytrap. His Baluyut v. Superior Court win established discriminatory prosecution as a defense to exactly the type of operation that ensnared Ferguson. A state Supreme Court case 17 years before Baluyut set the foundation for Nickerson’s victory. In Pryor v. Municipal Court, jury instructions held that lewd conduct only rises to the level of a crime if performed with the intent to offend. “That’s been the law since 1979,” he says. “Police don’t know or don’t want to hear that, but by their very nature these stings are invalid. A required element of conviction is that the guy must know, or should reasonably know, that someone would be offended. Second, they would have to enforce the law equally to men and women. Only using a male decoy, that’s strike one. Strike number two is that they’re only pursuing men. They’re double-damned.” Most of the Columbus Park arrests involved no exposure at all. Ferguson was one of 19 gay men SJPD cited for the same lewd conduct misdemeanor over a 17-month period from 2014 to the end of last year. In 18 of those cases, Officer Marquardt made the arrest. By his own accounts, he almost always made the first move. A few months after Ferguson’s arrest, Daniel Bufano says he rushed into the Columbus Park bathroom to blow his nose. Like Ferguson, he knew of the park’s reputation. But no one was there that night of Aug. 8, he says. On his way out, Bufano says, a handsome sandy blond stranger—Officer Marquardt, he later learned—approached him. “What kind of stuff do you get into?”
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Summer Fun at the Aquarium!
Longer summer hours means you have more time to enjoy your favorite exhibits and activities at the Monterey Bay Aquarium. Get adventurous with Underwater Explorers Daily though September 7 In this unique program, we introduce kids to the underwater world through surface scuba diving. Guided by Aquarium dive staff in our Great Tide Pool, they’ll meet amazing animals while getting a fish’s-eye view of the wonders of the bay. No experience is necessary, only a sense of adventure! Ages 8-13.
Summer Nights Seashore Sleepovers 6 p.m. - 8:30 a.m. July 16, July 30, August 6, August 20 Enjoy the Aquarium after hours and sleep next to your favorite exhibit! With fun activities throughout the evening, you can explore the Aquarium on your own without the daytime crowds. End the evening with a light bedtime snack and start the next day with a continental breakfast in the Cafe. Ages 5 and up.
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the cop asked, in his incident report. “I’m pretty open,” Bufano replied, according to court records. Officer Marquardt asked if he wanted to perform oral sex in the bathroom. Bufano mentioned that there are “a lot more places we could go if you wanna get your dick sucked,” according to police, who say he also suggested hooking up by the nearby bleachers. As he walked in that direction, police say they called their bluff and wrote him a ticket.
‘For me, this case touched on issues of discrimination based on identity. If a person is singled out by virtue of who they are, whether they’re a black man or a gay man or something else, that’s unconstitutional’ In Bufano’s telling, he was much less receptive to the cop’s advances. And after the citation, he says, they illegally searched him and left him physically bruised and emotionally shaken. His friend, a closeted gay man who witnessed the ordeal from the parked car, was terrified. “I didn’t approach him, I never said hello to him or nothing,” says Bufano, 51, an East Coast transplant who says he moved to the Bay Area more than two decades ago after being hit with similar citations in his hometown of Richmond, Virginia. “The officer, he’s the one who came up to me and all these other men, saying hi and flirting. Isn’t that entrapment? How is that not entrapment?” Seeing the resulting charge leveled against him raised many more
questions. How could a conversation rise to the level of criminal conduct? And if it does, why do straight people get a pass? Would police send an attractive female decoy to offer free consensual sex to straight men? Why send decoys at all instead of a uniformed cop? After months of arrests by the same officer at the same squalid bathroom, lawyers in the Public Defender’s Office began asking some of the same questions. Andrea Randisi, an attorney assigned to research duty, spotted a pattern in the accused: all were gay men. “Once we connected the dots, we went around the office asking if anyone else had a loitering case like this,” says deputy public defender Carlie Ware, who ran with Randisi’s insight to combine and reframe the cases as a civil rights issue. “What we noticed was that these cases in the year-and-ahalf period we looked at were nearly identical. At that point, we knew this was something bigger.” Thirteen of those defendants took a plea deal to put the embarrassment behind them, agreeing to perform 40 hours of community service, submit to HIV tests and stay away from Columbus Park for six months. The remaining six, including Ferguson, emboldened by Ware’s belief in their innocence, went to trial. Ware cited the Baluyut ruling to argue that police violated the constitutional right to equal protection because the arrests exclusively targeted gay men. It took nearly a year—an extraordinary amount of time for a misdemeanor case—before a judge tossed the charges last month. “For me, this case touched on issues of discrimination based on identity,” Ware says. “If a person is singled out by virtue of who they are, whether they’re a black man or a gay man or something else, that’s unconstitutional.” With a shortage of officers and increasing crime, SJPD should focus its resources on more pressing problems like violent crimes, says Clay Parks, a 58-year-old hairstylist Marquardt arrested in January of 2015. Three police were involved, he says, and for what? “I was accused of a crime because of things I said to another consenting adult in a public place,” Parks wrote in an affidavit for Ware’s motion to dismiss the charges. “This accusation makes me feel less comfortable now expressing
19
Cruise Control In a June 17 ruling, Santa Clara County Superior Court Judge Jose S. Franco slammed the SJPD’s singular focus on gay men at Columbus Park. Prosecutor Judith Sklar insisted that the operations stemmed from complaints about men loitering around the bathrooms with lustful intent. But the judge pointed out that a review of citizen calls turned up scant mention of public sex and that 13 of the 19 arrests happened after 8pm, when no families would be at the park. “By conducting themselves in a way that mimics ‘cruising’ behavior of the suspects targeted, the undercover officers demonstrated the intent to target this group to the exclusion of other perpetrators of lewd conduct,” the judge wrote. Later, he added: “Unpopular groups have too often been made to bear the brunt of discriminatory prosecution or selective enforcement. The unconstitutional selective enforcement of the law as seen in the cases before this court undermine the credibility of our legal system and risks eroding public confidence in our ability to achieve just results." The following week, Nickerson called Ware to congratulate her on the win. Hearing from the man behind the Baluyut decision, which she relied on to clinch the case, brought her to tears. “He laid the path for me,” says Ware, 37, whose biracial parents raised her as a child of the civil rights movement. “To learn from him without even meeting in person speaks to the importance of his work. It felt good to carry on that legacy.” Prosecutors had until July 17 to appeal Judge Franco’s decision, but let it pass. The next order of business for Nickerson is to secure findings of factual innocence for each of the men acquitted, which will wipe the arrests from the record as though they never happened. Then, as in Long Beach, he says he will file a class-action lawsuit against San Jose police to vindicate Ferguson, Bufano and the others. Though Nickerson’s heart condition may force him to physically sit through the planned proceedings, it would mark his final stand in the same city where it all started.
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Somewhere between Jack Johnson’s breathy surf slang and Bob Marley’s rootsy wail, there is the soothing, melodic drawl of South Carolinian strummer Trevor Hall. His laid-back delivery floats up and down, as if adrift upon a set of lazy waves. And though he comes from the South, listeners will be able to clearly hear the Los Angeles influence he picked up while attending the Idyllwild Arts Academy in Riverside County. Hall has spent the past few years touring with reggae and acoustic artists like Michael Franti and Colbie Caillat—and landing his song, “Other Ways,” on the Shrek the Third soundtrack. (MH)
Globally speaking, the MLS isn’t a great league. So rather than cobbling together two all-star squads, league honchos skim the cream and pit their best against a competent challenger from across the pond. This year, the all-stars will take on Arsenal, last season’s runners up in England’s Premier League. The London club boasts the services of Mesut Özil, a visionary midfielder, who has set up 277 goal-scoring chances since 2013. Representing the North Americans, there will be scrappy Yanks such as Clint Dempsey and Chris Wondolowski and all-timers like Didier Drogba, Andrea Pirlo and Kaka, offering fans one last chance to see flashes of their fading brilliance. (JF)
KORN & ROB ZOMBIE Fri, 6:30pm, $22-$500 Shoreline Amphitheatre, Mountain View
Korn and Rob Zombie both played an integral role in shepherding heavy metal music into the 21st century. It’s fitting that they are joining forces this summer with their “Return of the Dreads” tour— bringing their vocal intensity and, well, dreaded heads to Mountain View. Korn recently released a video for their new single, “Rotting in Vain” from their forthcoming LP Serenity of Suffering. Rob Zombie, who garnered praise for his new horror flick, 31, at the Sundance festival, dropped his latest record, The Electric Warlock Acid Witch Satanic Orgy Celebration Dispenser, in April. (MH)
RENT
JOEL MCHALE
Fri, 7pm, $16-$24 Montgomery Theater, San Jose
Fri, 7:30pm, $30 Improv, San Jose
One of the biggest Broadway hits of all time, Rent, returns to Silicon Valley. This Pulitzer Prize- and Tony Award-winning rock musical tells the story of a group of aspiring friends and young New York artists living in poverty, struggling with addiction and battling a terrifying new disease—AIDS. Inspired by Giacomo Puccini's opera, La Bohème, the production premiered in the early ’90s and helped change public attitudes about what was still a relatively misunderstood illness. CMT Mainstage will be staging the production through Aug. 7. Showtimes vary. (DM)
When Joel McHale broke out on The Soup, he regularly satirized the most outlandish cliches of reality TV—often covering the tirades of a certain bloviating bully with orange skin. McHale flipped that gig into a lead role on NBC’s Community, playing a hotshot lawyer who had to reluctantly earn a few more credits at a lowly community college after it turned out his degree was illegitimate. On the X-Files reboot he plays a conspiracy theorist who believes the government is using alien technology against us. If true, you’d think they could have made The Donald’s human suit look a bit more realistic. McHale performs Friday and Saturday. (JF)
* concerts JOEL MCHALE
WEEZER
Jul 31 at Shoreline Amphitheatre
WARPED TOUR
Aug 6 at Shoreline Amphitheatre
WAVVES
Aug 8 at Catalyst Atrium
KENNY CHESNEY
Aug 6 at Levi’s Stadium
RODRIGO Y GABRIELA
Aug 9 at City National Civic
JACKSON BROWNE
Aug 16 at City National Civic
DEMI LOVATO & NICK JONAS Aug 18 at SAP Center
HEART, JOAN JETT & CHEAP TRICK
Aug 24 at Shoreline Amphitheatre
EXPLOSIONS IN THE SKY
Aug 29 at Mountain Winery
5 SECONDS OF SUMMER
Sep 2 at Shoreline Amphitheatre
COLDPLAY
Sep 3 at Levi’s Stadium
EVE 6
ART OBJECT GALLERY Fri, 7pm, Free Jackson & 5th Sts, San Jose For the past two years, Art Object Gallery in Japantown has been in a state of hibernation—but no more. Owner and curator Ken Matsumoto is inviting the community to check out the recently upgraded space during the forthcoming “Mid-Summer Night Reception.” Matsumoto has expanded the 15-year-old gallery, absorbing the storefront next door, giving Art Object a more visible entrance. The Mid-Summer Night Reception will ‘reintroduce’ Art Object’s extensive collection of sculpture as well new paintings by Luis Gutierrez, and ceramic work by Ruben Reyes and Will Johnson of Black Bean Ceramic Arts Center. The exhibit runs through Aug. 12. (TM)
Sep 8 at The Ritz
*sat
*sun *mon
Sep 10 at Shoreline Amphitheatre
Sat-Sun, 7:30pm, $38 to $147 SAP Center, San Jose
Sun, 6pm, $50-$100 Mountain Winery, Saratoga
Sep 13 at Shoreline Amphitheatre
Adele has certainly earned her fame. From “Chasing Pavements” to “When We Were Young,” she’s pulled people in with honest lyrics and a soulful voice. Though she was already a star, Adele broke out even bigger in 2016 with her smash hit “Hello” and her conversationstarting Rolling Stone cover. She also helped fellow Brit and American late-night personality James Corden gain a few new fans with her stellar “Carpool Karaoke” session—rapping along with Nicki Minaj’s “Monster.” With a big heart and an even bigger sense of humor, Adele’s performances at SAP should be worth the big bucks. (MH)
The eldest son of the immortal Robert Nesta, Ziggy is just one of many musical talents in the Marley clan. His first successful forays into music began in the early ’80s as the leader of Ziggy Marley and the Melody Makers. He then struck out on his own— releasing his solo debut, Dragonfly, in 2003. Since then, Ziggy has made five full-length records and three live albums. He was awarded a Grammy for his 2014 album, Fly Rasta. He released his self-titled sixth LP in May of this year. Ziggy will be joined by reggae veterans Steel Pulse. (NV)
ADELE
ZIGGY MARLEY
MAYER HAWTHORNE
Mon, 8pm, Free The Continental Bar, San Jose The multitalented Mayer Hawthorne is not only a singer. He’s also a musician, DJ and ladies man. With millions of plays on YouTube, Spotify and other streaming websites, Hawthorne is blowing up. The neo-soul crooner is passing through town before heading out to Europe and Japan. Hawthorne got his start at the tender age of 5—learning to play bass from his musician father in Detroit. Before Hawthorne was turning heads internationally, he cut his teeth DJing around the Motor City. On his fourth fulllength album, Hawthorne plays almost every instrument. (DM)
COUNTING CROWS & ROB THOMAS
CARRIE UNDERWOOD Sep 10 at SAP Center
PROPHETS OF RAGE DRAKE & FUTURE
Sep 24-25 at SAP Center
BLINK-182
Sep 28 at Shoreline Amphitheatre
GWEN STEFANI & EVE
Oct 8 at Shoreline Amphitheatre
PENTATONIX
Oct 17 at SAP Center
JETHRO TULL
Oct 22 at City National Civic
BRIDGE SCHOOL BENEFIT
Oct 22-23 at Shoreline Amphitheatre
For music updates and contest giveaways, like us on Facebook at metrofb.com
JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
DEAD & COMPANY
Jul 30 at Shoreline Amphitheatre
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22 metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
metroactive ARTS
Down Under Dirty DUMP ON TRUMP Jim Jefferies has some choice words for the Donald, the NRA and religious fanatics.
Hard-drinking Aussie comedian Jim Jefferies refuses to play nice BY JOHN FLYNN
I
N HIS RECENT Netflix special, Freedumb, Jim Jefferies calls Donald Trump’s backers “fucking dummies.” He characterizes the demagogue’s statements as “really simple shit that means nothing” and concludes the bit with a legitimately touching plea, entreating his audience to combat Trump’s bigotry and fear-mongering with love. In response, hate-mailers have accused the comedian of being “politically correct” and in the pocket of the establishment. It’s an odd accusation
to level at a man known for making jokes about rape and child abuse, his unapologetic advocacy of drinking to excess, and a love of, um … money shots. “People write to me and say that I’m being paid to say these things,” Jefferies says, referring to his recent comments on Trump. I’m like, ‘What the fuck?’ I've said some of the most misogynistic, horrible shit onstage—as a joke, but whatever. And all of sudden the government is going, ‘You know who we should get to voice our opinions? The fuckin’ Australian guy.’ Like, what a load of rubbish.” Listeners have disagreed with his material before. Jefferies broke out internationally with the help of a viral clip in which an incensed audience member jumped on stage and attacked Jefferies in the middle
of a show. Unphased, the comedian returned to the stage to finish his set. He has established himself as a bluntly opinionated outsider who can deconstruct America’s cultural, political and religious norms. But he chafes at the qualifying label of “Australian” comedian. “Most criticism that I get is that I’m foreign and I should shut my mouth,” he says. “The reality is I’ve been in America for seven years. … My point of reference is America. It’s not Australia anymore. If I started commenting on Australian politics, it would be way more annoying, because I don’t know what the fuck is going on over there.” To Jefferies, it’s not his birthplace that bolsters his points, but his experiences. Beyond America and Australia, he’s lived in England and has traveled the world—performing before crowds in both Holland and Tel Aviv. “I’ve lived all over the world,” he says “I may not be a smart man. I may not be what you would consider to be a savvy individual. But I am fuckin’
worldly. And people seem to think that worldly is just someone who knows a lot about opera. No. It’s someone who has lived in the world. So whether you like it or not, I’m a worldly guy.” Case in point: one of Jefferies’ most watched bits juxtaposes America’s insane aversion to gun control with the aftermath of the Port Arthur Massacre in Australia. After a gunman killed 35 people in 1996, the Australian government banned semi- and fully automatic rifles and shotguns— buying back 650,000 of the newly banned firearms in an effort to keep the weapons off the streets. In the years since, there have been no mass shootings and sizable reductions in the rates of suicide and homicide. Hilarious and logically tight, gun control proponents have widely circulated Jefferies’ candid take on firearms, an outcome that surprised him. “I knew it was a good piece of stand-up comedy,” he says. “I would never be arrogant enough to say (that bit) would be important to people, or something stupid like that. And I’m not an authority, I’m just a guy giving an opinion. I think I’m saying things that people agree with, but they’ve never been able to put into words properly.” Jefferies makes a point of pushing people to challenge their preexisting beliefs. An atheist, he calls churchgoers “dumb cunts” and calls bullshit on the idea that an “unconditionally” loving deity would also allow unbaptized babies to burn in hell for all eternity. “Let’s say someone wants to be an atheist, but still has the [indoctrination] that was put in their head as a child,” he says. “You give them arguments— arguments that they can use against their idiot brother at Christmas. So, I feel you can be a nudge for people. But I don’t think anyone is watching me, and all of a sudden they’re like, 'Oh my God, my whole life is a sham.’” Jefferies accepts and embraces that his opinionated comedy turns off broad swaths of the public. He’ll probably never land on a brightly-colored network sitcom, but his singular perspectives on off-limits topics have earned him a devout following.
JULY
28 8pm $38-$48
JIM JEFFERIES City National Civic, San Jose
11 23
SHAKESPEARE IN THE GROVE AT DELAVEAGA PARK JULY 12 – AUGUST 28
2016 “Flat-out electrifying!” – Boston Globe
WILLIAM SHAKESPEARE’S
WILLIAM SHAKESPEARE’S
Directed by Terri McMahon
Directed by Paul Mullins
now playing
previews start July 26 Featuring Kate Eastwood Norris as the iconic Dane!
A wonderful cast!
- Good Times
Tickets: 831.460.6399
or purchase online at santacruzshakespeare.org / tickets
The Grove at DeLaveaga Park
501 Upper Park Rd, Santa Cruz, CA
Bernard K. Addison, Carson McCalley, Christian Strange, Daniel Fenton Anderson in A Midsummer Night’s Dream. Photo by Jana Marcus.
AMERICAN IDIOT Is presented through special arrangement with Music Theatre International (MTI). All authorized performance materials are also supplied by MTI. 421 West 54th Street, New York, NY 10019 Phone: 212-541-4684 Fax: 212-397-4684 www.MTIShows.com
For tickets and information visit cltc.org or call (408) 295-4200 529 South Second St. San Jose, CA 95112
kqchildcenter.com 15063 Union Ave, SJ 408.377.6660
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JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
SANTA CRUZ
24 metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
GARLIC FEST
DOMO ARIGATO After 29 years as the beloved Mr. Garlic, longtime Gilroy resident Gerry Foisy is hanging up his bulbs.
Farewell, Mr. Garlic GOURMANDIZERS of all ages, sizes and shapes love the Gilroy Garlic Festival. But there is one bulb-shaped individual who may just love the yearly celebration of this potent vegetable more than anyone else. Those who regularly attend the annual spice fest know him as “Mr. Garlic”—or “Garlic Dude”—but friends and family call him Gerry. For the past 29 years, the 73-year-old Gerry Foisy has been a part of the Gilroy Garlic Festival. Walking around in his white garlic bulb costume, his cowboy hat decorated with garlic bulbs and his trademark Birkenstocks, he is impossible to miss. Next year, however, he will be missed. This year’s garlic gathering will be his last.
ENTER TO WIN A $200 CERTIFICATE TO
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Gilroy Garlic Fest Jul 29-31, $15-$33 Christmas Hill Park, Gilroy
Originally from Ohio, Gerry moved to Gilroy in the late 1970s. It wasn’t long after tying the knot with his wife, Jeanne, in 1983, that he landed the role of a lifetime. One day in early 1987, Jeanne, who was working for Gilroy Foods, overheard her boss’ secretary say that she was on the hunt for someone to fill the role of “Mr. Garlic.” Without hesitation Jeanne piped up: “Gerry would do that. Oh, heck yeah, he’d do that in a heartbeat.” When she got home from work that evening, she told Gerry: “Oh by the way, I volunteered you to be Mr. Garlic at the festival.” He accepted his new role with gusto. “We’re a little crazy, a little silly, we just enjoy doing it,” Jeanne says. Foisy is as much a part of the fabric of Gilroy, as the Garlic Festival itself. During his time living in Santa Clara County’s southernmost city, he has worked as a real estate agent, a supervisor at Gilroy Foods, and as the owner and operator of a property maintenance company. For the past 18 years, Gerry’s been maintenance manager at Advent Group Ministries, an organization whose mission is to empower people and break the cycles of abuse and addiction. Foisy says he takes pride in helping young men and women regain control of their lives, just as he is proud to have held down the role of Mr. Garlic for so long. Rumor has it that Foisy’s son, Carl—a former Metro employee and local branding consultant—may take his father’s place. This prospect also makes the elder Foisy proud. He says he’d love to see Carl step into his shoes—or sandals—and carry on the tradition.—Kimberly Ewertz
metroactive FILM
KIRKING IT Chris Pine reprises his role as Captain Kirk in ‘Star Trek: Beyond.’
Multi-culti ‘Enterprise’ crew save the day in ‘Star Trek: Beyond’ BY RICHARD VON BUSACK
S
EEING SUCH A reassuring message about plurality seems fitting and timely, especially after last week’s atrocity in Cleveland. Among other things, the starship Enterprise is our own leaky American ship as we love to envision her, stuffed with benign, theatrically accented foreigners all pulling together. “My wee Scottish gran said, ‘You can’t break a stick in a bundle,’” says Scotty (co-scriptwriter Simon Pegg) in Star Trek: Beyond.
Mr. Spock (Zachary Quinto) is feeling the pull toward traditionalism, which is causing a rift with Uhura (Zoe Saldana). He’s wondering if he hadn’t better get back to New Vulcan and help raise some logical kids. Spock is counselled, sort of, by the peremptory Dr. McCoy, aka “Bones” (Karl Urban). Urban has his own funny accent, in the form of frontier humor. After a particularly bad transporter trip, he quips: “I feel like my innards have been to a barn dance.” Search through memories of this movie—a chaos of crashing spaceships, rough landings and rougher launches— and it seems that all the good lines belong to Urban. DeForest Kelley, who played Bones back in the ’60s and ’70s, was no
slouch as an actor. But when you watch him on reruns, belaboring Leonard Nimoy with insults, there’s an ugly bit of racism to it. Urban is just as furious, but he’s more of a miffed rooster; with Quinto being soft and slow on the uptake, he’s oblivious to Bones’ stings. They’re a smooth comedy team. Star Trek: Beyond comes out of the gate funny, like one of Keith Laumer’s “Retief ” stories: Kirk (Chris Pine), a one-man diplomatic delegation, tries to return an unwanted cultural artifact to a planet of angry gargoyles. It’s the 966th day in deep space, and “things have seemed a little episodic,” Kirk tells his log. When they pull into Starbase Yorktown, there’s an emergency to deal with: a ship’s captain seeks rescue for her trapped crew members. She has crash-landed on an uncharted planet behind a formidable belt of asteroids. All the wisdom of Starfleet Command is present—Shohreh Aghdashloo is particularly good as a
122
STAR TREK: BEYOND
PG-13
Valleywide
MINS
25 JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
Unified Field
wise commodore. Too bad Star Wars’ Admiral Ackbar wasn’t there to warn Kirk. His great starship is ripped to pieces by an enormous fleet of spiky fighter pods; the Enterprisers are shipwrecked on a rocky planet, and Spock himself is badly injured. Help arrives from a mighty space woman named Jaylah (Sofia Boutella). With black terrapin stripes on her clown-white face, she looks like ’60s star Ursula Andress done up by H. R. Giger. The lord of the planet is a two-legged iguana called Krall (Idris Elba). He’s a minor Star Trek villain, but Elba fills him out as an asthmatic heavy breather, who can growl the Rs in the name “Kirrrrrrrrrrk. Justin Lin, of the Fast and the Furious series, brings in collisions and physics-defying fights in 3-D space. He also weaponizes items of late 20th century coolness, like the Beastie Boys’ music and motorcycles. Gravity goes wild in the final fight, in front of a rotating and revolving camera. Earlier, in one memorable shot, the Enterprise is warping space, looking like those high speed pictures of a bullet going through water. The last film was titled Into Darkness, and it’s clear the producers wanted out of that darkness. The characters here are nothing if not proactive, but they have the personality of flying sports cars. The Trek series is now like any other superhero series, with a wobbly range between the realistic and the ridiculous. The movie is sworn to fun. And it delivers amusement, with the long-legged Jaylah pouring herself all over the captain’s chair, or with the last-minute transformer snatches. The multi-culti aspect has never been stronger— Sulu (John Kim) never seemed as much his own man before, ready to assume the ship’s wheel. Strange then that the most emotional moment is the new Spock, contemplating a relic of the Old Spock—a photo of a group of portly men and one woman, in polyester and turtlenecks. That picture is something that this movie isn’t, in one word: touching.
metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
26
metroactive FILM
Revivals BORN YESTERDAY/IT SHOULD HAPPEN TO YOU
(1950/1954). There were many authentic dumb blondes in the movies, but Judy Holliday wasn't one of them. The yellow hair was supposedly her own, as was the fluffy name—a translation of her birth name, Judith Tuvim (in Hebrew, tovim means good; in Yiddish yomtoyvim means holidays). She was probably the brainiest of all actresses to put on the curls and negligee of the blonde clown. Holiday began as a cabaret comedian, whose partners were Betty Comden and the late Adolph Green, partners on the best musical of them all, Singin' in the Rain. In Born Yesterday she plays a kept woman who wises up. Billie Dawn has been towed to Washington, D.C., by Harry Brock (Broderick Crawford), a vulgarian who made a mint in the scrap business. He’s aiming to buy some politicians. Billie’s lack of refinement is enough to embarrass even Brock, so he hires Paul (William Holden), a reporter, to tutor the woman. Since they’re in D.C., Paul gives her a crash course in the history of the American Revolution. The Jefferson Memorial and the Capitol Dome inspire Billie to rebel against her own tyrant. Born Yesterday is A Doll's House played for screwball comedy—no wonder Holliday skunked Bette Davis (for All About Eve) and Gloria Swanson (for Sunset Boulevard) at the Oscars that year. The briskness and hopefulness of this classic should cheer seasoned divorcées and young girls alike—especially the moment when Holliday pieces together the meaning of a quote of Alexander Pope’s: “‘The proper study of mankind is man.’ That means women, too.” In It Should Happen to You, the shop girl Gladys Glover (Holiday) rents a billboard at Columbus Circle to promote herself, and the trick works—much to the discomfiture of her honest documentary-maker boyfriend (Jack Lemmon). In the meantime, a soap company covets her choice advertising location and sends representative Peter Lawford to finesse the billboard out of her hands. While the mid-’50s NYC locations are time-capsule delights, and while Holiday's wise-foolishness is beguiling, my favorite moment is a speech in which she holds off the lecherous Lawford. To get him talking (and to stop him nibbling her ear), she asks him if he’s lonely, living there
REVIEW
in that bachelor apartment all by himself. Yes, he admits, lowering his eyes. “You could get a parrot,” she suggests. “You could be talking to it, and it could be talking to you. I mean, you wouldn’t be talking to each other, but it would be talk.” (Jul 27-29, Stanford Theatre.) (RvB)
PLANET OF THE APES
(1968) American astronauts are marooned on a planet where the great apes have evolved into generals and clerics, and humans are decadent, post-verbal hominids. Accounts of the filming of this brilliant keystone of the franchise note one thing: despite the Saul Alinsky-worthy revolutionary sequels, director Franklin Schaffner, and his wonderfully macho star Charlton Heston aimed to make this apolitical entertainment. “NP”— code for “no polemics”—was a watchword on the set. The polemics happened despite themselves. Apehuman coexistence was given the same earnest poring-over that racial politics got at the end of the 1960s: Were we moving too fast? Would you want your sister to marry a human? In the fractious year 2016—a mirror of distant ’68—the subtext of this bravura adventure, shot in the Utah Canyonlands, is clear. The lament over human prejudice is as eloquent as the movie is thrilling. We’re doomed if we don’t overcome the ape in our essence. (May 27 only, Century Oak Ridge and other local theaters.) (RvB)
Now Playing ALBERT BROOKS: STREAMING RETROSPECTIVE
Known as the neurotic fish in the Finding Nemo movies, or as the soothing knife-wielder in Drive, Albert Brooks has been a talented supporting actor ever since Taxi Driver. His seven directorial efforts—now available as a kind of cloud-based film festival on Netflix, from 1979’s Real Life to 2006’s Looking for Comedy in the Muslim World--demonstrates Brooks as something else: a uniquely uncompromising and unpredictable director. Often playing a lovelorn whiner with a clenched forehead, Brooks has been eclipsed by the thematically similar Woody Allen. But if Allen’s 1979 Manhattan ends with the upbeat thought, “Sometimes, you have to have a little faith in people,” Modern Romance (1981) ends with the kind of ordeal the Geneva Convention was supposed to prevent. (Netflix Streaming) (RvB)
BEAUTIFUL DISASTER ‘Café Society’ is the best looking terrible movie you will see all year.
Woody Allen Serves Cold Coffee NARRATIVELY SPEAKING, Café Society is the film version of a Grandpa Abe Simpson anecdote. Famous names are dropped, pointlessly. Trivial matters about the past are flaunted without much context. Director, writer and producer Woody Allen narrates, announcing the qualities of his characters, even as we’re trying to watch them and figure them out. There’s no comedic understatement, or irony—what we see is what we get. During the Depression, a kid from New York named Bobby (Jesse Eisenberg) is trying to make it in Hollywood when he falls for his married uncle’s mistress, Vonnie (Kristen Stewart). Neither uncle Phil (Steve Carell), a brittle, high-powered agent, nor Vonnie, who is his Phil’s secretary, clues the young man. Heartbroken, Bobby returns to New York and gets involved in a chic Manhattan nightclub bankrolled with blood money from Bobby’s gangster brother, Ben (Corey Stoll). This is the best looking terrible movie you will see all year. Eminent cinematographer Vittorio Storaro (Apocalypse Now, Reds) makes Stewart a first-class love object. She positively glows on screen, while 1930s Los Angeles—in golds, terra-cottas and swimmingpool aquas, shimmers behind her. The
production design by Allen regular Santo Loquasto sums up the splendor of the crest of the Art Deco days. This reverie of gilded Hollywood seems to make Allen sleepy. (Hail Caesar may not have added up, either, but the people in it were interested in their business. They had angles.) The half-drawn characters keep turning up, while Bobby keeps going forward, more Café Society innocent than ever— he’s the least morally PG-13; 96 Mins. ambiguous character Camera 12 Eisenberg has ever played. If this is a comedy, it’s the kind of comedy that grows into a shrugging, blunt finish about how no one gets what they want in this world. There’s a line here about the hazard of mixing champagne with lox and bagels. I’d interpret that as the contrast between Jeannie Berlin (as Bobby and Ben’s mother), dispensing the salty Jewish wisdom, in contrast with the low-moraled bi-coastals in the entertainment business. It could be that Allen is copping a plea: if I’m a selfish person—in Berlin’s phrase, “not a real Jew” (to describe the adulterous, the violent, or the half-bright)—it’s because the movies made me that way. —Richard von Busack
11 27 JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
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metroactive MUSIC
In Transit GET SHARP Since moving south, The Soft White Sixties have been honing their craft.
The Soft White Sixties move to L.A., home in on a definitive sound BY MIKE HUGUENOR
I
T’S COMFORTING TO think of identity as something constant, something stable that retains itself over time. But in reality, almost every cell in our bodies gets periodically replaced, meaning that over time we all become different people—at least on an atomic level. Rather than being stable, identity is fundamentally unstable; rather than constant, it is something that is in a perpetual state of transition. And if there is anything to learn
from the history of art it is that this is a very normal process. Before he was cubist, Picasso was blue. Before becoming the chimerical godfathers of avant alt-rock, Radiohead were simply another Britpop act. Hell, Immanuel Kant, one of the foundational voices of philosophy, didn’t even write his first real contribution to the field until he was 57. So it goes that after a well-received EP and 2013’s widely enjoyed Get Right (a very San Francisco sounding mix of soul, the classics, and a decidedly party-centric approach to life), The Soft White Sixties are a band in transition. “We’re actually all currently living in Los Angeles at the moment,” says Aaron Eisenberg, of the formerly S.F.-
based rock group. “Last summer we recorded at a studio down here. We were just coming down here more and more, and that was kind of our first foray into our new album. We all just felt like maybe it was a good time to have a change in scenery and spend a little more time in L.A. while we’re writing and recording our next record.” Talking to Eisenberg (the band’s guitar player and keyboardist) one gets the sense that the band has staked its entire identity on what comes out of this next record. The first batch of songs was recorded by Matt Linesch, who also recorded the similarly rootsy sounding Edward Sharpe & the Magnetic Zeroes. The band already released the first single from this session, the slinky Black Keys-esque “Sorry to Say”— the song’s chorus an unapologetic celebration of toeing the line of the abyss and partying solo: “I lost my mind/Sorry to say/I pulled the pin & I walked away.”
“That one had multiple choruses and different feels and arrangements until we finally arrived on that version,” Eisenberg says of the new song. “There’s been a lot more focus. You know, when you start out as a band, everyone gets in the room and you’re excited and you’re like, ‘Cool, that’s great. That’s a song. Let’s move on.’ Now we’re trying to be a little more intentional with what the Soft White Sixties sound like.” Throughout the course of our conversation Eisenberg sounds like someone who has a new-found appreciation for precision; accuracy. “The main difference with what we’re working on now with this last batch is that our approach to it has been much more forward-thinking than we had been in the past,” he says, choosing his words carefully. “Sorry to Say” is may just be the band’s biggest song to date. It’s been getting some radio play, and in a little over 100 days the track has racked up more than 10,000 plays on SoundCloud—a promising development and an indicator that these L.A. transplants are reaching new fans. “It’s been getting a great response from people around the country,” Eisenberg says. “There are radio stations that have been picking it up and throwing it in the rotation. It’s been cool, because we can see these little pins on the map of areas that have picked up the single. We want to be sure to get to all those areas.” Given that the boys hail from the Bay Area, they’ve made sure to drop a number of pins in the region. They play The Ritz for the first time this Friday and it’s the group’s first time in San Jose in a while. “It’s definitely been a couple years now,” Eisenberg says. The fact that bands like the Soft White Sixties are now coming back to San Jose is a sign that things might finally be changing for the downtown music scene. With the recent addition of The Ritz there is a chance that live music can make more of a lasting impact here than it has in years. After all, just like everywhere else, San Jose is in a perpetual state of transition.
JULY
29 8pm $10-$13
THE SOFT WHITE SIXTIES The Ritz, San Jose
11 29
KURT VILE & THE VIOLATORS
GALACTIC/ LYRICS BORN
THE ZOMBIES
THURSDAY 08/04
SATURDAY 08/13
Bay Area’s Largest Hookah Lounges! Open 6 pm to 1am Sun-Wed, 6 pm to 2 am Thur, 6 pm to 3 am Fri-Sat Hot & Cold Light Beverages Free WiFi • Big Screen TVs
Happy Hookah Hour $3 OFF
ANY HOOKAH ORDER 6-9PM ANY WEEKDAY
HERON OBLIVION THURSDAY 08/11
WEDNESDAY 09/07
LIVE JAZZ & DINING
POOR HOUSE BISTRO
SAN JOSE’S NEW ORLEANS JOINT!
poorhousebistro.com
Tonite Wed. July 27 • 6-9pm Blues & $2 Brews w/ Sid Morris Gang / Russel Barber featuring:Green Flash Brewery
The Swinging Hookah II 2220 Business Circle
Bascom Ave. at Stevens Creek Blvd.
San Jose • 408·326·2811
Over 35 flavors of Starbuzz & Fumari tobaccos
386 South 1st Street San Jose • 408·298·4824 www.TheSwingingHookah.com
6-9PM
FRI 7/29:
6-10PM
BEN RICE BAND (ON TOUR) J.C. SMITH BLUES BAND
SAT 7/30:
GG AMOS BAND SUN 7/31: STUDENT JAM NOON-4PM 5-8PM WHIFFLE BALL ALL-STAR GAME! Coming soon 6-10PM
Aug. 5 - Chris Cain Band 4th Annual Lil' Easy Backyard Party Sun. Sept. 18 CATERING
14577 Big Basin Way, Saratoga, CA | w: cafepinkhouse.com
(408)647-2273 | events@cafepinkhouse.com Make Reservations On-Line!
FRIDAY, JULY 29th
TRACY CRUZ BAND / R&B / soul vocalist Metro Ad, Wed.jazz 07/27
Live Music THUR 7/28:
NEW LOCATION!
SAVAGES THE EXPANDERS/ THRIVE FREE SHWAYZE/ WILDCARD PROTOJE & THE INDIGGNATION LIL UZI VERT POUYA/ GERM/ RAMIREZ ILLENIUM X/ MIKE WATT & THE SECONDMEN BLACK TIGER SEX MACHINE THE WHITE PANDA ANDRE NICKATINA SHARON JONES & THE DAP-KINGS THE SOUL REBELS W/TALIB KWELI THE CALIFORNIA HONEYDROPS KONGOS/ JOY FORMIDABLE TECH N9NE PEACHES
TAKEOUT
91 S. AUTUMN STREET - near sap DOWNTOWN SAN JOSE 408.292.5837
COVER CHARGE $15 | 7:30pm
SATURDAY, JULY 30th LIVE MUSIC HANGOUT | 2pm to 3:30pm
PRIMARY COLORS jazz / blues vocal/guitar COVER CHARGE $20 | 7:30pm
SATURDAY, AUGUST 6th LIVE MUSIC HANGOUT | 2pm to 3:30pm
KOKO DE LA ISLA flamenco COVER CHARGE $20 | 7:30pm
SUNDAY, AUGUST 7th RICHARD SEARS QUARTET modern jazz piano COVER CHARGE $15 | 6:00pm
JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
ATLAS GENIUS BEAR HANDS
07/27 07/29 07/30 08/02 08/12 08/25 08/27 08/28 09/02 09/04 09/10 09/16 09/23 09/24 09/25 09/28 10/04
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30
NNIA ARM A T I S BR britanniaarmsalmaden.com
metroactive MUSIC
Rock/Pop/ Hip-Hop
Jazz/Blues/ World
THE BACK BAR SOFA
AGAVE
Every Wed, 9pm: The Cypher, feat. Hip-hop, Jungle, Soul, Reggae, Dubstep, Trap, BreakBeat, House and more. San Jose.
BEER Week
THURS. JULY 29 • 6-9PM FIRESTONE WALKER TAKEOVER THURS. JULY 28 MLS All-Star Game. Watch it here!
Watch Giants & A's MLB Here!
ANGELICA’S BISTRO BRIT ARMS ALMADEN Every Thu: DJ Maniakal. San Jose.
BRITANNIA ARMS DOWNTOWN Every Thu: DJ Benofficial. Every Fri: Every Sat: DJ Ready Rock. San Jose.
FAST TIMES
THE CARAVAN Every Tue: DJ Music (goth, industrial, ’80s). Sat, Jul 30, 10pm: AGE. San Jose.
RUN FOR COVER
TUE Pubstumpers Trivia WED — SUN
Every Thu: Banda La Unica. Every Fri, 6:30pm: Mariachi Mariachismo, 9:30pm: DJ Norman. Every Sat: Las Mejores Bandas De La Bahia. Every Sun: 4pm-8pm: Edith Del Sol. San Jose.
Karaoke w/ DJ Hank THE CATS
THU DJ Maniakal
Every Sun: Joe Ferrara. Los Gatos.
FRI 7/28
Fast Times - Live band!
SAT 7/29
Run For Cover - Live music!
DANA STREET COFFEE Every 2nd Mon, 7pm: Ukulele Jam. Mountain View.
Wed Jul 27, 7:30pm: Carolee & FlashDrive Show. Thu July 28, 7:30pm: Marina Crouse Band. Fri Jul 29, 8:30pm: Anya Malkiel with Rick Ferguson & Friends. Redwood City.
BLUE NOTE LOUNGE
Every Tue, 8:30pm: Tuesday Night Blues. Every Sun: Jazz or Blues. Milpitas.
CAFE STRITCH
Every Wed: Wax Wednesday: All Vinyl DJ Sets. San Jose. Wed Jul 28, 8:30pm: Levit Thurston Milgrom Quartet. Thu Jul 29, 8:30pm: Michael Zisman’s America no Social Club. Fri Jul 30, 8:30pm: Marcus Shelby Quintet. San Jose.
CAFFE FRASCATI
Every Tue, 7pm: Open Mic Night. Every Wed, 7:30pm: Commedia Comedy Night. San Jose.
408.266.0550 5027 Almaden Expwy @ Hwy 85 Every Fri and Sat: Live music. Saratoga.
JOHNNY V’S
1/6v
Jones. Sat Jul 30, 8pm: One Country Band. Campbell.
LOUISIANA BISTRO
Every Thu, 7pm: Yellow Bulb Sessions. San Jose.
THE MOJO LOUNGE
Every Tue, 8pm: Aki Kumar’s Blues Jam. Fremont.
MOUNTAIN WINERY
Sat, Jul 30, 7:30pm: Chris Botti/The Tenors. Sun, Jul 31, 7:30pm: Ziggy Marley. TueWed, Aug 2-3, 7:30pm: Earth, Wind, and Fire. Saratoga.
NUMBER ONE BROADWAY
Wednesday-Saturday Live Music.
O’FLAHERTY’S
Every Tue, 6:30pm: Irish Seisiún. San Jose.
POOR HOUSE BISTRO
Every Wed: Blues & Brews w/ Sid Morris & Ron Thompson. Every Tuesday, 6pm: PHB Open Mic Night. San Jose.
SMOKING PIG BBQ
Fri, Jul 29, 9pm: Big Jon Atkinson. Sat, Jul 30, 9pm: Alvon Johnson. San Jose.
ST. STEPHENS GREEN
Every Tue, 7:30pm: Irish music. Fourth Sat, 10pm: Latin Party Night. Mountain View.
C&W/Folk BLUE ROCK SHOOT
EAST COAST ALICE
AD SIZE
More listings:
METROACTIVE.COM
Every Mon: Gangster rap, rock, metal with Ben B and Sean Blak. Every Tues:ARMS Hip Hop, EDM with ADVERTISER: BRITANNIA ALMADEN Sean Blak and guests. Every ACCOUNT REPRESENTATIVE: JOHN HAUGH Wed: Ben B and DJ Test. San Jose. DESIGNER:
MOUNTAIN WINERY
CAFE PINK HOUSE
Every Sat, 2pm-3:30pm: Saturday Coffee Time Music. Fri Jul 29, 7:30pm: Tracy Cruz Band. Sat Jul 30, 7:30: Primary Colors. San Jose.
CHARLEY'S LG
PUB DATE: Every Thu: Karaoke Night. Every 6/1/16 Fri: Live Music. Los Gatos.
CLUB FOX
ISSUE NUMBER: Every Wed: Club Fox Blues Thu, July 28, 7:30pm: ABBA The Metro Silicon Valley Jam.1622 Every Fri: Salsa Spot. Concert. Saratoga. 380 South First St. San Jose, CA 95113 | 408.298.8000 Redwood City.
NORMANDY HOUSE LOUNGE
B E ST D i ve B a r B E ST Ka ra o ke Fr i & S at 9 p m 1031 Monroe Street , Santa Clara 4 08-985-7201 Open Daily 9A 8A M to 2A M MUSIC · DANCING · GAMES • POOL · DARTS · TVS
Every Thu, 9:30pm: DJ night w/ DJ BenOfficial & DJ Vex. Every Fri and Sun, 9:30pm: Karaoke w/DJ NoWrath. Santa Clara.
THE QUARTER NOTE Every Mon: Live Music Jam with Kimberley’s Band. Every Wed: Live Music Jam Funk. Every Thu: Jam Funk with Vicious Groove. Sunnyvale.
HUKILAU
Fri-Sat, 8pm: Hawaiian music. Sat Jul 30, 8pm: 808 Fusion. San Jose.
Every Thu: Open Mic. Every Fri: Blue Rock Showcase. Every Sat: Live Featured Show. Saratoga.
CHARLEY'S LG
Every Thu: Live country music and line dancing. Los Gatos.
MISSION PIZZA
Thu, Jul 28, 7pm: Mill Creek Ramblers. Fri, Jul 29, 7pm: Stragglyrs. Sat, July 30, 7pm: Beargrass Creek. Fremont.
PIONEER SALOON
Every Sun, 4pm: Music Jam with Terry Hiatt and Brett Brown. Every Wed: Kevy Nova and Friends. Every Thu: WhiskeyHill Billys. Woodside.
JJ’S BLUES
Every Tue: MikeB Interactive Jam. Wed-Sun: Live Music. San Jose.
LITTLE LOU’S BBQ
Wed Jul 27, 7pm: Scott Goldberg Pro Jam. Fri Jul 29, 8pm: Jinx
SAM’S BBQ
Tue, Aug 2, 6pm: Bean Creek. San Jose.
32
JULY 25
Bass Music
JULY 28
WHEN HE WAS in his 20s, bassist, composer and music teacher Jeff Denson found himself in the middle of a spontaneous, and somewhat unorthodox crash course in live performance.
JULY 29
S SU
A lifelong singer, Denson generates melodies through his vocals, often warbling one into his phone, then transcribing the melody later. While attaining his Ph.D., Jeff studied orchestral, chamber and contemporary classical music. In addition to that, he folds in world, R&B and electronic influences, plus novel approaches—like bowing his strings. “I've worked really intensely on developing my technique,” he says. “That's a lifelong pursuit—to try to remove technical barriers, so I can play the music I'm hearing in my head.” Denson, who celebrates the release of his new album, Concentric Circles, at the Art Boutiki this Friday, teaches at the California Jazz Conservatory in Berkeley. He also heads Ridgeway Arts, where he brings in accomplished artists from New York to Finland to broaden the influences of his students and spark creativity. “I've met extraordinary, world-class musicians in every single place that I’ve lived,” says the well-traveled Denson. “I just want to do my part to open the curtain to extraordinary musical possibilities here in the Bay.”—John Flynn
Night every Monday @ 7pm in The Garage
JULY 30
every Thursday @ 7:30pm in Market Hall in front of Treatbot
Saturday at 7pm & Sunday at 1pm
87 N. San Pedro St. Downtown San Jose • SanPedroSquareMarket.com
Eat, drink, shop & listen to live music all in one place.
JULY 31
While attending the Berklee School of Music, Denson Jul 29, 8pm, $20 paid the rent by performing in a rock band, a community Art Boutiki, San Jose orchestra and jazz ensembles. He played the double and artboutiki.com electric basses, dabbling in everything from classical to funk. He experimented with his instructors, then tempered his learning in the heat of live shows, cultivating a balance between composition and street improvisation. “I wasn’t only self-taught and I wasn't only schooled,” he says. “I learn from experience and I learn from studying. And because of that, I communicate different parts of my being.”
BRAINSTORMER’S TRIVIA TBD THE MARY ELLEN DUEL TRIO THE FIXERS EMPHATICS TBD ALFIE AND XS SCOTT DIMINISHED COOPER BLUE DUO THURSDAY THUR-SUN MONDAY Brainstormer’s Trivia Treatbot Karaoke Night Live Music Thursday-
TH F
he’s learned during many improvisational trials by fire.
“They’re looking at me like ‘Who the hell is this?’” Denson recalls. “And the saxophone player is like, ‘Let's play this song.’ I’m like, ‘I don't know that.’ ‘OK, what about this one?’ ‘I don't know that.’ I was up there peeing in my pants. Totally intimidated by the Jeff Denson musicians. This is a street thing. Learn now. Right here.”
AT A GLANCE
M
STREET SMARTS Jeff Denson blends formal training with lessons
Denson had gone to see Butch Warren, a bass player he admired. After spotting Denson in the crowd, Warren called him onstage, handed him his bass and left, never to return. Denson turned to the saxophonist and drummer. The far more accomplished musicians weren’t exactly pleased with the replacement.
WEEK
voted Best Patio by Metro news
BEST
SMALL MUSIC VENUE JAZZ/BLUES CLUB LATIN MUSIC CLUB
WED 7/27
Amalgamation, Love & The Zealous (TX) & The Low End Initiative
THU 7/28
9p MoHill - Ladies Night!
FRI 7/29
9p Latin Rock Nights - La Prima Griega
SAT 7/30
9p No Vendetta
SUN 7/31
8p Candy's River House
TUE 8/02
MikeB Jam
AT&T MLS ALL-STAR WEEK
31 JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
MARKET
CONCERT
32
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metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
SAN PEDRO SQUARE MARKET
Fri, July 29, 7pm: The Emphatics. San Jose.
SHORELINE AMPHITHEATRE
Thu, July 28, 7:30pm: Keith Urban. Mountain View.
Open Mic/ Comedy BACK BAR
Every Wed, 9pm: Open mic. San Jose.
CAFFE FRASCATI
Every Tue, 7pm: Open mic. Every Wed, 7:30pm: Commedia Comedy Night. San Jose.
BRIT ARMS ALMADEN
Every Wed, 10pm: Karaoke w/DJ Hank. San Jose.
THE CARAVAN
WOODHAMS LOUNGE
COURT’S LOUNGE
Dance Clubs
DASILVA’S BRONCOS
AGENDA
Mon, Thu & Sat, 9:30pm: Karaoke. Campbell. Thu, 9pm-1am: Karaoke. Santa Clara.
DIVE BAR
Wed, 9:30pm: Karaoke. San Jose.
EFFIE’S RESTAURANT
Tue-Sat, 9pm: Karaoke. Sun, 4pm: Karaoke. Campbell.
GALAXY
Every Tues, Thu, Fri, 9:30pm: Karaoke. Milpitas.
Fri, 9pm, Sat, 7pm and 9:15pm: Comedy Sportz. San Jose. Every Wed: The Caravan Lounge Comedy Show with host Mr. Walker. San Jose.
THE GOOSETOWN LOUNGE
JJ’S BLUES
KATIE BLOOM’S
Mon-Fri, 5:30pm-9pm: Open Mic. San Jose.
Wed & Sun, 9:30pm-1:30am: Karaoke. Campbell.
MOUNTAIN WINERY
KING OF CLUBS
Fri-Sat, 9:30pm-1:30am: Karaoke. Willow Glen.
Mon, Aug 1, 7:30pm: Kevin Hart. Saratoga
Thu, Sun, Mon, 8:30pm: KOR Karaoke. Mountain View.
RED ROCK COFFEE CO.
LILLY MAC’S
Every third Sat, 8pm: Comedians at Red Rock. Mountain View.
Thu: Karaoke. Sunnyvale.
ROOSTER T. FEATHERS
Thu, 8pm: Karaoke. Santa Clara.
Thu, Jul 28, 8pm, Fri, Jul 29, 9pm, Sat, Jul 30, 8pm and 10:30pm, Sun, Jul 31, 8pm: Sammy Obeid. Sunnyvale.
APPARITION
Thu, 9pm: Club Lido. San Jose.
BRANHAM LOUNGE
Mon: Mad Mondays Industry Night w/DJ Sean Blak. Tue: Irie Nights w/DJ Hi Grade and Friends. Wed: Whiskey Wednesday w/DJ Jason Dee & Onemanarmy. Fri: Quality Control w/DJ DLuzion. San Jose.
DIVE BAR
Thu-Sat, 10:30pm: Rotating Guest DJs. San Jose.
JOHNNY V’S
Mon: Manic Mondays. Tue: Trap Shop. Wed: Tooth & Nail. Thu: Subculture. Fri: Live Music & Traffic. San Jose.
KATIE BLOOM’S
Thu-Sat, 9:30pm: DJs and dancing. Campbell.
LOFT BAR AND BISTRO
OASIS
NORMANDY HOUSE LOUNGE
Wed-Sun 9pm: Karaoke. Sunnyvale.
7 BAMBOO
PIONEER SALOON
Tue, 9pm: Karaoke with TJ The DJ. Sunnyvale.
Wed-Sat, 9pm: Karaoke. Tue, 9pm: Karaoke. San Jose.
Mon, 8pm: Karaoke. Woodside.
7 STARS BAR & GRILL
Every Tue: Karaoke. Sunnyvale.
THE QUARTER NOTE RED STAG LOUNGE
Nightly Karaoke, 9pm-1:30am. San Jose.
Thu, 10pm: Dancing w/DJ VexOne & DJ Benofficial. FriSat, 10pm: DJ NoWrath. Santa Clara.
SAN JOSE BAR & GRILL
Every Tue: DJ Benofficial. Every Thur: DJ Shaffy. Every Fri: Live Video Mixing with VJ One. San Jose.
SAN JOSE LIVE NIGHTCLUB Fri, Jul 15: DJ Major Airborne, Dataheads, J.Slai. San Jose.
REDI ROOM
Thu-Sat, 9pm: DJ Curtis. San Jose.
Fri and Sat, 9pm: Karaoke Friday Nights. Santa Clara.
WILLOW DEN
BLUE MAX
Fri: Karaoke Fridays. Sunnyvale.
BOGART’S LOUNGE
Wed, 9pm: Karaoke. Sunnyvale.
Wed: Salsa Wednesdays. Thu: Banda Nights. Sun: Reggae Vybez. San Jose.
Thu-Sun, 7:30pm: Live Dancing. San Jose.
Karaoke
BLINKY’S CAN’T SAY
Tue-Thu & Sat: Karaoke. Santa Clara.
MARIANI’S
THE OFFICE BAR & GRILL
Fri-Sat, 8pm: Karaoke. San Jose.
Sun-Thur, 8pm: Karaoke.San Jose.
Sun: Sunday Fun Day Karaoke with KJ Matt. Mon: Mandatory Monday Karaoke with KJ Nik. San Jose.
CAMERA 3
CARAVAN
THREE FLAMES RESTAURANT
SHERWOOD INN
Thu-Sun, 8:30pm: Karaoke. San Jose.
Every Wed, 9:30pm: Karaoke; Every Thu: $2 Drink Night; Every Fri-Sat: DJs featuring a variety of Top 40, Hip Hop, EDM; Every Sun: Service Industry Night (1/2 off drinks w/industry card). Willow Glen.
San Jose’s Only Totally Nude Strip Club
• Up Close Main Stage • Stage #2 For Parties • Private Dances • Bachelor/Birthday Boy Or Girl Up On Stage
/PinkPoodleSJ
Meet singles in person at our 63-channel arcade
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ADULT DVDs
6PM-8PM
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Sun, Mon, Tues & Weds 6p - 2a Thurs 1p - 2a | Fri & Sat. 1p - 3a 328 S. Bascom Ave, San Jose 408.292.3685 • pinkpoodle.com • 18yrs.+ w/ID
FREE ADMISSION WITH: - THIS AD - HOTEL ROOM KEY - LOCAL ID UNTIL 10PM
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over 10,000 XXX DVDs Toys & magazines SALE • RENT • BUY
BIGGEST BIGGEST Collection Collection in in Town Town
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Campbell • 408.879.0250
NOW AUDITIONING ENTERTAINERS TUE-FRI 6PM-2AM • SAT 8PM-2AM • CLOSED SUN-MON
CUPID’S CORNER 408 Blossom Hill Rd • SJ 408.226.5683
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Let Us Show YouWhat You ReallyWant To See
11 33
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34
SPRING WELLS DAY SPA
$10OFF 1ST TIME
408-800-8855
REAL PEOPLE REAL DESIRE REAL FUN.
SARATOGA AVE. SAN JOSE
Try FREE: 408-404-7586 More Local Numbers: 1-800-926-6000
Discreet Chat Guy to Guy
Enjoy a Relaxing Massage Showers Available
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Ahora español Livelinks.com 18+
FREE TRIAL
Gina’s Spa
Latina Massage Enjoy a Spanish style relaxing massage today! Se habla Español , 1:30p-7:30p
408-702-0160
4320 Stevens Creek Blvd San Jose, CA 95129 Ste #128
408.342.4129
Gina’s Spa
Enjoy a nice massage by a nice pretty CMT. 408-259-2778
Adult Entertainment
Bella Aroma Spa
Great Aroma therapy with Best Relaxation massage! 1765 Scott Blvd. #105, cross street El Camino Real. Santa Clara, 95050.408-241-8900
FREE TO LISTEN AND REPLY TO ADS Free Code: Metro San Jose
$29 Massage by Asian Girl Pretty girls offer massage with FREE haircut. Body trim& shaving, waxing. Cupping & giac hoy. Private rooms & Tea Shower. Near Tully & Hwy’s #87, #280 & #680 & 101. 408-210-9364, Linda
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Over 50 Busty CougarFetish & Light Domination38D-24-36 Leggy Blond 408-605-3465 Adult Massage
Pretty Asian Lady
Nice place, clean, private, body massage with a soft handed touch. 408-613-6831
A Relaxing Massage
Oil massage. 7 days. 10am9pm. Call Steve, CMT for appt. 408-224-0504
Nurturing Touch
Relaxing, discreet full body massage, Body Electric & Esalen Practitioner. Incalls only, open 7 days. 408-515-5778, Pete
35
PLACING AN AD BY PHONE
BY FAX
BY MAIL
IN PERSON
DEADLINES
Call the Classified department at 408.298.8000 Monday through Friday 9am to 5pm
Fax your ad to the Classified Department at 408.271.3520
Mail to: Metro Classified 380 S. First St. San Jose, CA
Visit our offices Monday through Friday, 9am–5pm
classifieds@metronews.com Please include your Visa, MC, Discover or AmEx number and expiration date for payment.
For copy, playment, space reservation or cancellaion: Display ads: Thursday 3pm, Line ads: Friday 3pm
EMPLOYMENT MARKETING Toshiba America Electronic Components, Inc. is accepting resumes for Marketing Director in San Jose, CA. Set technical product segment priorities for Americas markets. Work with Strategy team to define and segment TAM(Total Addressable Market), including competitive volume and share estimates. May require up to 25% travel to various unanticipated work locations throughout the U.S. Mail resume to Toshiba America Electronic Components, Inc., Staffing Department, 2595 Junction Ave. San Jose, CA95134. Must reference Ref # 4015
Search and Personalization Engineer (Houzz, Inc., Palo Alto, CA): Research & implmt algorithms to improve Houzz’s website in search, personalization, & recommendations. Reqs: Master’s deg in Comp Sci or Comp Engg + 2 yrs exp in improving search features & search qlty; writing map-reduce pipelines for analysis of large data sets, deployment of algorithms for increased key metrics, & generating data & ensuring high data qlty for site info. Mail resumes to 285 Hamilton Ave, 4th Flr, Palo Alto, CA 94301.
ENGINEERING Hightail, Inc. has a Database Administrator opening in Campbell, CA. Ensure overall integrity of enterprise transactional MySQL & MSSQL databases. Develop scaling strategies including data partitioning, sharding, replication, & federation. Mail resume to Hightail, Inc., Staffing Dept., 1919 S. Bascom Ave., Suite 650, Campbell, CA 95008. Must reference Ref. # DA-YD
55+ YEARS OLD & SEEKING WORK? FREE job assistance & training. Must meet low-income guidelines. Call SOURCEWISE, Speak with a Community Resource Professional in Senior Employment Services (408) 350-3200, Option 5
Computers:
Software Engineers
Member of Technical Staff (San Jose, CA) MS in CS, Comp Eng, Prof w/ NoSQL databases (MongoDB); PyCharm, Sublime Text; Python, C, C++, Java. 1 yr exp as MTS, exp in distributed systems, enterprise software, storage systems. Mail CV, cover letter to Datos IO, 2550 North First St, Ste 420, San Jose, CA 95131. Attn: C. Miranda. Must reference job CX01.
to design & develop features of F5 Application Delivery Networking products, including design & implementation of current source code. See http://www.caljobs.ca.gov and CA SWA Job Number 14929454 for specific details. FT, San Jose, CA. Apply to: F5 Networks, Inc., Attn Y. Malina, ZZ20487, 401 Elliott Avenue W, Seattle, WA 98119.
ENGINEERING
seeks Programmer Analysts (mult. Positions) in San Jose, CA:create & modify programs into code. Req. Master/for. equiv + 1 yr exp + relev skills. May req. to relocate tovarious unanticipated lctns.Apply: 1741 Technology DR 4th Floor, San Jose CA 95110. Attn: MonicaEsparza, Ref: PAM2
SolarCity Corporation has a Web Applications Engineer position (Job Code: WABD-CA) available in Fremont, CA. Design and develop cutting edge web applications with an emphasis on excellent user interfaces. Submit resume by mail to: SolarCity Corporation, Attn: People Empowerment/CR, 3055 Clearview Way, San Mateo, CA 94402. Must reference job title and job code (WABD-CA).
GlobalLogic
French and Hindi Translators (Ref:101) Korean Translators (Ref: 102) Multiple positions available. Job Site: San Jose, CA. Job may involve working at various unanticipated locations throughout the U.S. Travel required to the extent of relocating to various unanticipated locations throughout the U.S. Send resumes referencing job title and reference number to Z-Axis Tech Solutions, Inc., 1754 Technology Drive, Suite 224, San Jose, CA 95110.
ShieldX Networks Inc is hiring all levels of Software Engineers: Develop applications. Send resumes to 2025 Gateway Plce # 400 San Jose CA 95110
Joseph Zahriya Joseph Zahriya 408.475.4661 (c) 408.475.4661 (c) 408.694.9887 (o) 408.694.9887 (o) josephzahriya@kw.com josephzahriya@kw.com josephzahriya.com josephzahriya.com
Lead Montessori Teacher San Jose, CA. Dvlp Montessori curriculum. Observe & evaluate children’s performance, Confer w/ parents & staff.Req: Assoc deg in Arts, Science or similar w/ 2 yrs exp as teacher in a Montessori pre-school, Early Childhood Montessori Cert. & CPR cert.Send res to: Samana Inc, (dba Evergreen Montessori), Attn. HR, 3122 Fowler Road, San Jose, CA 95135 TECHNOLOGY
Security Identity Management, Manager (Mult. Pos.) PricewaterhouseCoopers Advisory Services LLC, San Jose, CA.
Contribute to cybersecurity & privacy competencies inclu. identity & access mgmt, security strategy & governance, IT risk, security tech., & cybercrime & breach response. Req. Bach's degree or foreign equiv. in Comp.Info.Sys., Comp.Sci., IT, MIS, S/W Engg or rel., + 5 yrs of post-bach, progress. rel. work exp.; OR Master's degree or foreign equiv. in Comp.Info.Sys., Comp.Sci., IT, MIS, S/W Engg or rel., + 3 yrs of rel. work exp. Travel req’d up to 80%. Please apply by mail, referencing Job Code SANSIM, Attn: HR SSC/Talent Management, 4040 West Boy Scout Boulevard, Tampa, FL 33607.
JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
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Atachi Systems Inc is seeking 1 professional for Fulltime employment (40 hours a week) for the position of SAP DBA at San Jose, CA 95131 at competitive salary.Job Summary: Install, Configure, Patch & administer Oracle Databases solutions on various platforms. Implement High Availability and Disaster Recovery Solutions using RAC and Data Guard technologies. Design and implement Backup solutions using RMAN and Veritas netbackup. Implement Data replication using Streams and Golden Gate. Perform database tuning using OWI, Statspack and AWR reporting. Install, Configure, Patch and administer CA Workload Automation (Autosys). Travel to various unanticipated locations to interact with clients and train end users for short and long term assignments. Relocation and travel to unanticipated locations within USA possible. Qualifications required: Masters in InfoTech or Business Admin + 2 years of experience as computer software professional. Employer will also accept any combo of edu/progs from any institution determined equivalent to a U.S. M.S. We offer Standard Corporation benefits. To apply send your resume to Attn: HR, Atachi Systems Inc, 1385 1879 Lundy Ave, Suite 218, San Jose, CA 95131.
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Agilent Technologies, Inc. has the following employment opportunity in Santa Clara, CA: Product Marketing Engineer (SS-CA): Focus on product marketing in order to maximize sales revenues, market share, and profit margins for the GeneSpring software application. Position may require travel to various, unanticipated locations. Send your resume (must reference job title and job code SS-CA) to Attn: Agilent Technologies, Inc. c/o Cielo, 200 South Executive Drive, Suite 400, Brookfield, WI 53005
TECHNOLOGY Hewlett Packard Enterprise is an industry leading technology company that enables customers to go further, faster. HPE is accepting resumes for the position of Security Solutions Architect/Developer in Sunnyvale, CA (Ref. #HPECSUNMIDO1). Architect and develop focused security intelligence solutions that detect hostile cyber activities and improve incident response capabilities for protecting data and assets within customers. Mail resume to Hewlett Packard Enterprise Company, 5400 Legacy Drive, MS H12F-25, Plano, TX 75024. Resume must include Ref. #, full name, email address & mailing address. No phone calls. Must be legally authorized to work in U.S. without sponsorship. EOE.
ENGINEERING Fortinet, Inc. has the following employment opportunities in Sunnyvale, CA: Systems Engineer position (SEND-CA): Assist in qualifying sales leads from a technical standpoint. Domestic travel required up to 60%. Travel expenses paid by employer. Telecommuting permitted. Mgr, Software Dev QA Engineer position (MSDSL-CA): Testing FortiADC product and focus on System/Server Load Balance/Link LoadBalance/Firewall/Dynamic Router/High Available/Log & Report. Software Development Engineer (SDMM-CA): Play a part in the development of a powerful nextgen platform that combines security and visibility for Datacenter/Cloud Computing with carrier solutions that enable organizations to efficiently manage, scale, and secure their networks. Send your resume (must reference job title and job code) to Fortinet,Inc., Attn: Human Resources, 899 Kifer Road, Sunnyvale, CA 94086.
Sr. RF Engineer Crown Castle USA, Inc. seeks Sr. RF Engineer to work out of San Jose, CA, office & lead RF Engnrg activities w/ in region, inclg facilitating small cell sales process, project implementation, ongoing maintenance & modification of small cell systems, & mgmt. of RF Engnrg personnel & assets. Travel to/within Northern California (our NorCal district) 50%-70% to perform field visits for Node selection & support other projects reqd. Apply at www.crowncastle.com.
ENGINEERING Ruckus Wireless, Inc. has following jobs opps. in Sunnyvale, CA: Staff Engineer [Req. #JJH36]. Implmt SW solutns that enhance usability,reliability & prfrmnce of prdcts. Sr. QA Engineer [Req. #PLK68] PrfrmSW QA of next gen. & exist’g WiFi Access Pnts, WLAN Contrllrs &Gateway. Mail resumes refrnc’g Req. # to: Attn: N. Enzminger, 350 WJava Dr, Sunnyvale, CA 94089.
MISCELLANEOUS Elizabeth Custom House Cleaning 25 years experience. Licensed and insured. Trustworthy and dependable, Satisfactory guaranteed! 408/981-1389
Gold Club San Jose Entertainers Auditioning entertainers. Call for details. 81 West Santa Clara St. 408294-6666 info@goldclubsj.com
MUSIC ThugWorldRecords.com Thug World Records explosive label based out of San Jose CA with major features lil Wayne E-40 Ghetto Politician Punish. Free downloads mp3s Ringtones. Over 22 albums online. Call or log on thugworldrecords.com 408-561-5458 ask for gp
LEGALS & PUBLIC NOTICES FICTITIOUS BUSINESS NAME STATEMENT #619064 The following person(s) is (are) doing business as: A Room With a View Interiors, 20408 Santa Cruz Hwy., Los Gatos, CA, 95033, Michelle Stojanovich. This business is conducted by an individual. Registrant began transacting business under the fictitious business name or names listed herein on 1993.Refile of previous file #258980 with changes /s/Michelle Stojanovich This statement was filed with the County Clerk of Santa Clara County on 7/05/2016. (pub Metro 7/20, 7/27, 8/03, 8/10/2016)
FICTITIOUS BUSINESS NAME STATEMENT #619263
The following person(s) is (are) doing business as: Nguyen Hue High School Alumni Association, 4984 Severance Dr., #123, San Jose, CA, 95136, Nhoung Duy Dang, Tri Ha, 7776 Olive Drive, Pleasanton, CA, 94588. This business is conducted by an unincorporated association other than a partnership. Registrant began transacting business under the fictitious business name or names listed herein on 6/30/2016. Refile of previous file #618959 with changes/s/James Wilson This statement was filed with the County Clerk of Santa Clara County on 6/30/2016. (pub Metro 7/20, 7/27, 8/03, 8/10/2016)
FICTITIOUS BUSINESS NAME STATEMENT #618633 The following person(s) is (are) doing business as: 1. Da 1 Above (A Place of Peace), 2. Glimpse of Eternity (In The Potters House, 976 Poplar Ct., Santa Clara, CA, 95050, Clyther Felix, Curtis H. Felix. This business is conducted by a married couple. Registrant began transacting business under the fictitious business name or names listed herein on 02/07/2011. Refile of previous file #547761 /s/Clyther Felix This statement was filed with the County Clerk of Santa Clara County on 6/20/2016. (pub Metro 7/20, 7/27. 8/03, 8/10/2016)
FICTITIOUS BUSINESS NAME STATEMENT #619014 The following person(s) is (are) doing business as: Family Tree Cafe, 201 North First Street, San Jose, CA, 95113, Mario A. Szi, 1725 Seville Way., San Jose, CA, 95131. This business is conducted by an individual. Registrant has not yet begun transacting business under the fictitious business name or names listed herein. /s/Mario A. Szi This statement was filed with the County Clerk of Santa Clara County on 7/01/2016. (pub Metro 7/20, 7/27, 8/03, 8/10/2016)
FICTITIOUS BUSINESS NAME STATEMENT #618663 The following person(s) is (are) doing business as: Shock N Awe Prints, 394 Umbarger Rd., Unit D, San Jose, CA, 95111. This business is conducted by a corporation. Registrant began transacting business under the fictitious business name or names listed herein on 9/8/15. Above entity was formed in the state of California/s/Shelly PalaciosCFO#C3810269This statement was filed with the County Clerk of Santa Clara County on 6/21/2016. (pub Metro 7/20, 7/27, 8/03, 8/10/2016)
To all heirs beneficiaries creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both of: Marcia A. Dawson, Marcia Ann Dawson, Marcia Ilton Dawson, and Marcia I. Dawson. A Petition for Probate has been filed by: David Francis Vargo and Joseph Truett Vargo, in the Superior Court of California, County of: SANTA CLARA. The Petition for Probate requests that: David Francis Vargo and Joseph Truett Vargo be appointed as personal representative to administer the estate of the decedent. THE PETITION requests the decedent’s will and codicil, if any, be admitted to probate. The will and any codicils are available for examination in the file kept by the court. The Petition requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority. A hearing on the petition will be held in this court as follows: Date: August 26, 2016, Time: 9 A.M. Dept.: 10 Address of court: 191 N. FIRST STREET, SAN JOSE, CA, 95113. IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either: (1) four months from the date of first issuance of letters to a general personal representative, as defined in section 58(b) of the California Probate Code, or (2) 60 days from the date of mailing or personal delivery to you of a notice under section 9052 of the California Probate Code. Other California statutes and legal authority may affect your rights as a creditor. You may want to consult with an attorney knowledgeable in California law. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk. Attorney for petitioner: Barbara P. Wright, Finch Montgomery Wright LLP, 350 Cambridge Avenue, Suite 175, Palo Alto, CA, 94306, 650-327-0888 (Pub CC 7/27, 8/03, 8/10/2016)
FICTITIOUS BUSINESS NAME STATEMENT #619068 The following person(s) is (are) doing business as: La Moneka, 620 Iris Ave., #431, Sunnyvale, CA, 94086, Alicia Suaceda. This business is conducted by an individual. Registrant began transacting business under the fictitious business name or names listed herein on 3/15/2016. /s/Alicia Suaceda This statement was filed with the County Clerk of Santa Clara County on 7/05/2016. (pub Metro 7/20, 7/27, 8/03, 8/10/2016)
FICTITIOUS BUSINESS NAME STATEMENT #619337 The following person(s) is (are) doing business as: Diamond Mitsubishi Fuso, 1505 N. 4th Street, San Jose, CA, 95112, Diamond Sales & Service Inc. This business is conducted by a corporation. Registrant began transacting business under the fictitious business name or names listed herein on 5/15/2003. Refile of previous file #553978 with changes.Above entity was formed in the state of California/s/Al KundeVice President#530068 This statement was filed with the County Clerk of Santa Clara County on 7/12/2016. (pub Metro 7/20, 7/27, 8/03, 8/10/2016)
FICTITIOUS BUSINESS NAME STATEMENT #619448 The following person(s) is (are) doing business as: A-Skew, 5451 Country Club Parkway, San Jose, CA, 95138, BTL Establishments, Inc. This business is conducted by a corporation. Registrant has not yet begun transacting business under the fictitious business name or names listed herein on. Above entity was formed in the state of California/s/Thand Quyet LePresident#2672775This statement was filed with the County Clerk of Santa Clara County on 7/15/2016. (pub Metro 7/20, 7/27, 8/03, 8/10/2016)
FICTITIOUS BUSINESS NAME STATEMENT #619031 The following person(s) is (are) doing business as: Ms. Amy’s Candy Shoppe, 1111 West El Camino Real, #185, Sunnyvale, CA, 94087, Amy Lisa. This business is conducted by an individual. Registrant began transacting business under the fictitious business name or names listed herein on 7/1/16./s/Amy L. LeslieThis statement was filed with the County Clerk of Santa Clara County on 7/01/2016. (pub Metro 7/27, 8/03, 8/10, 8/17/2016)
FICTITIOUS BUSINESS NAME STATEMENT #619756 The following person(s) is (are) doing business as: Uvas Pines RV Park, 13210 Uvas Road, Morgan Hill, CA, 95037, J. Robert Taylor, Trustee, 636 Olympic Dr., Tahoe City, Ca, 96145. This business is conducted by a Trust. Registrant began transacting business under the fictitious business name or names listed herein on 06/27/2016. /s/J. Robert Taylor, Trustee This statement was filed with the County Clerk of Santa Clara County on 7/22/2016. (pub Metro 7/27, 8/03, 8/10, 8/17/2016)
FICTITIOUS BUSINESS NAME STATEMENT #618637 The following person(s) is (are) doing business as: Los Nopales, 4126 Monterey Rd., San Jose, CA, 95111, Gerardo Hernandez Quiroz, 134 S. White Rd., San Jose, CA, 95125. This business is conducted by an individual. Registrant has not yet begun transacting business under the fictitious business name or names listed herein. /s/ Gerardo Hernandez Quiroz This statement was filed with the County Clerk of Santa Clara County on 6/20/2016. (pub Metro 7/06, 7/13, 7/20, 7/27/2016)
FICTITIOUS BUSINESS NAME STATEMENT #618780 The following person(s) is (are) doing business as: Kim’s Restaurant, 814 S. Bascom Ave., San Jose, CA, 95128, Trang Ho, 2331 Summer Ct., San Jose, CA, 95116. This business is conducted by an individual. Registrant began transacting business under the fictitious business name or names listed herein on 6/23/2016. /s/Trang Ho This statement was filed with the County Clerk of Santa Clara County on 6/23/2016. (pub Metro 7/06, 7/13, 7/20, 7/27/2016)
FICTITIOUS BUSINESS NAME STATEMENT #618833 The following person(s) is (are) doing business as: Jaime Koo, Education Consultant, 3623 Madrid Dr., San Jose, CA, 95132, Jaime Koo. This business is conducted by an individual. Registrant has not yet begun transacting business under the fictitious business name or names listed herein. /s/Jaime Koo This statement was filed with the County Clerk of Santa Clara County on 6/27/2016. (pub Metro 7/06, 7/13, 7/20, 7/27/2016)
FICTITIOUS BUSINESS NAME STATEMENT #618960 The following person(s) is (are) doing business as: Babes Muffler Service, 808 The Alameda, San Jose, CA, 95126, James Wilson, 2389 Moorpark Ave., #3, San Jose, CA, 95128. This business is conducted by an individual. Registrant began transacting business under the fictitious business name or names listed herein on 6/30/16. /s/ James Wilson This statement was filed with the County Clerk of Santa Clara County on 6/30/2016. (pub Metro 7/06, 7/13, 7/20, 7/27/2016)
FREE WILL ASTROLOGY ARIES (March 21-April 19): Free your body. Don’t ruminate and agonize about it. FREE YOUR BODY! Be brave and forceful. Do it simply and easily. Free your gorgeously imperfect, wildly intelligent body. Allow it to be itself in all of its glory. Tell it you’re ready to learn more of its secrets and adore its mysteries. Be in awe of its unfathomable power to endlessly carry out the millions of chemical reactions that keep you alive and thriving. How can you not be overwhelmed with gratitude for your hungry, curious, unpredictable body? Be grateful for its magic. Love the blessings it bestows on you. Celebrate its fierce animal elegance. TAURUS (April 20-May 20): The people of many
cultures have imagined the sun god as possessing masculine qualities. But in some traditions, the Mighty Father is incomplete without the revitalizing energies of the Divine Mother. The Maoris, for example, believe that every night the solar deity has to marinate in her nourishing uterine bath. Otherwise he wouldn’t be strong enough to rise in the morning. And how does this apply to you? Well, you currently have resemblances to the weary old sun as it dips below the horizon. I suspect it’s time to recharge your powers through an extended immersion in the deep, dark waters of the primal feminine.
GEMINI (May 21-June 20): An Interesting
Opportunity is definitely in your vicinity. It may slink tantalizingly close to you in the coming days, even whisper your name from afar. But I doubt that it will knock on your door. It probably won’t call you seven times on the phone or flash you a big smile or send you an engraved invitation. So you should make yourself alert for the Interesting Opportunity’s unobtrusive behavior. It could be a bit shy or secretive or modest. Once you notice it, you may have to come on strong—you know, talk to it sweetly or ply it with treats.
CANCER (June 21-July 22): [Editor's note: The counsel offered in the following oracle was channeled from the Goddess by Rob Brezsny. If you have any problems with it, direct your protests to the Queen Wow, not Brezsny.] It’s time to get more earthy and practical about practicing your high ideals and spiritual values. Translate your loftiest intentions into your most intimate behavior. Ask yourself, “How does Goddess want me to respond when my coworker pisses me off?”, or “How would Goddess like me to brush my teeth and watch TV and make love?” For extra credit, get a t-shirt that says, “Goddess was my co-pilot, but we crash-landed in the wilderness and I was forced to eat her.” LEO (July 23-Aug. 22): Be alert for white feathers gliding on the wind. Before eating potato chips, examine each one to see if it bears the likeness of Rihanna or the Virgin Mary. Keep an eye out, too, for portents like robots wearing dreadlocked wigs or antique gold buttons lying in the gutter or senior citizens cursing at invisible Martians. The appearance of anomalies like these will be omens that suggest you will soon be the recipient of crazy good fortune. But if you would rather not wait around for chance events to trigger your good luck, simply make it your fierce intention to generate it. Use your optimism-fueled willpower and your flair for creative improvisation. You will have abundant access to these talents in the coming weeks. VIRGO (Aug. 23-Sept. 22): You have just begun
your big test. How are you doing so far? According to my analysis, the preliminary signs suggest that you have a good chance of proving the old maxim, “If it doesn’t make you so crazy that you put your clothes on inside-out and try to kiss the sky until you cry, it will help you win one of your biggest arguments with Life.” In fact, I suspect we will ultimately see you undergo at least one miraculous and certifiably melodramatic transformation. A wart on your attitude could dissolve, for example. A luminous visitation may heal one of your blind spots. You might find a satisfactory substitute for kissing the sky.
LIBRA (Sept. 23-Oct. 22): For many years, my occupation was “starving artist.” I focused on improving my skills as a writer and musician, even though those activities rarely earned me any money. To ensure my survival, I worked as little as necessary at low-end jobs—scrubbing dishes at restaurants, digging ditches for construction companies,
By ROB BREZSNY week of July 27
delivering newspapers in the middle of the night, and volunteering for medical experiments. During the long hours spent doing tasks that had little meaning to me, I worked diligently to remain upbeat. One trick that worked well was imagining future scenes when I would be engaged in exciting creative work that paid me a decent wage. It took a while, but eventually those visions materialized in my actual life. I urge you to try this strategy in the coming months, Libra. Put your mind’s eye in the service of generating the destiny you want to inhabit.
SCORPIO (Oct. 23-Nov. 21): You have every right to celebrate your own personal Independence Day sometime soon. In fact, given the current astrological omens, you’d be justified in embarking on a full-scale emancipation spree in the coming weeks. It will be prime time to seize more freedom and declare more autonomy and build more selfsufficiency. Here’s an important nuance to the work you have ahead of you: Make sure you escape the tyranny of not just the people and institutions that limit your sovereignty, but also the voices in your own head that tend to hinder your flow. SAGITTARIUS (Nov. 22-Dec. 21): Of all the forbidden fruits that you fantasize about, which one is your favorite? Among the intriguing places you consider to be outside of your comfort zone, which ones might inspire you to redefine the meaning of “comfort”? The coming weeks will be a favorable time to reconfigure your relationship with these potential catalysts. And while you’re out on the frontier dreaming of fun experiments, you might also want to flirt with other wild cards and strange attractors. Life is in the mood to tickle you with useful surprises. CAPRICORN (Dec. 22-Jan. 19): You have a special talent for accessing wise innocence. In some ways you’re virginal, fresh, and raw, and in other ways you’re mature, seasoned and well-developed. I hope you will regard this not as a confusing paradox but rather as an exotic strength. With your inner child and your inner mentor working in tandem, you could accomplish heroic feats of healing. Their brilliant collaboration could also lead to the mending of an old rift.
AQUARIUS (Jan. 20-Feb. 18): “Where is everybody when I need them?” Even if you haven’t actually spoken those words recently, I’m guessing the voices in your head have whispered them. But from what I can tell, that complaint will soon be irrelevant. It will no longer match reality. Your allies will start offering more help and resources. They may not be perfectly conscientious in figuring out how to be of service, but they’ll be pretty good. Here’s what you can do to encourage optimal results: 1. Purge your low, outmoded expectations. 2. Open your mind and heart to the possibility that people can change. 3. Humbly ask—out loud, not just in the privacy of your imagination—for precisely what you want.
PISCES (Feb. 19-March 20): Millions of Pisceans less fortunate than you won’t read this horoscope. Uninformed about the rocky patch of Yellow Brick Road that lies just ahead, they may blow a gasket or get a flat tire. You, on the other hand, will benefit from my oracular foreshadowing, as well as my inside connections with the Lords of Funky Karma. You will therefore be likely to drive with relaxed caution, keeping your vehicle unmarred in the process. That’s why I’m predicting that although you may not arrive speedily at the next leg of your trip, you will do so safely and in style. Homework: Is it possible there’s something you really need but you don’t know what it is? Write Truthrooster@gmail.com.
Go to REALASTROLOGY.COM to check out Rob Brezsny’s Expanded Weekly Audio Horoscopes and Daily Text Message Horoscopes. Audio horoscopes are also available by phone at 1-877-873-4888 or 1-900-950-7700
37 JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
NOTICE OF PETITION ADMINISTER ESTATE OF: MARCIA A. DAWSON, ALSO KNOWN AS MARCIA ANN DAWSON, MARCIA ILTON DAWSON, AND MARCIA I. DAWSON CASE NO. 1-16-PR-178515
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ONALD TRUMP’S CHOICE of Indiana Gov. Mike Pence as his running mate means the Republican presidential nominee stands by a man who is the very embodiment of last century’s “tough on drugs” prohibitionist attitude. Pence’s anti-drug reform stances are part and parcel of his overall social conservative, Tea Party positions. He has also been a strong opponent of gay marriage and abortion rights, and a strong supporter of “religious freedom.” Indiana has tough marijuana laws, with possession of even the smallest amount of pot resulting in up to six months in county jail. Possession of more than 30 grams (slightly more than an ounce) is a felony punishable by up to 18 months in prison. Selling any amount more than 30 grams is also a felony, punishable by up to two and a half years in prison. Pence is just fine with that. In fact, three years ago he successfully blocked a move in the Ohio Legislature to reduce some of those penalties, saying that while he wanted to cut prison populations, he didn’t want to cut penalties to achieve that end. “I think we need to focus on reducing crime, not reducing penalties,” Pence said. Pence did sign emergency legislation allowing for needle exchange programs in some Indiana counties last year, but only after initial resistance, during which more than 150 cases of HIV/AIDS were reported in one county alone. His hesitation was in line with his values, as evidenced by his 2009 vote as a U.S. representative to maintain a federal ban on needle-exchange funding. Pence is also a gung-ho drug warrior when it comes to the Mexican border, having voted to support billions in funding for Mexico to fight drug cartels, as well as using the U.S. military to conduct anti-drug and counter-terror patrols along the border. Bizarrely enough, there is one drug Pence has no problems with: nicotine. He is an apologist and denier for Big Tobacco. “Time for a quick reality check,” he said in 2000. “Despite the hysteria from the political class and the media, smoking doesn’t kill.” Pence has been handsomely compensated by tobacco companies for his advocacy against anti-smoking public health campaigns, even though they have proven wildly successful in driving down smoking rates. —Phillip Smith
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A female friend overheard me on the phone with my boyfriend and became concerned. He and I tease each other relentlessly, calling each other mean silly names, but it’s all in fun. Though we have a very loving relationship, she thinks the teasing is a sign of submerged anger. Is she right? And are we doing something damaging?—Banterer
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Yesterday, on the phone with my boyfriend, I had to ask him to repeat something he’d just said because I’d become briefly mesmerized by a big fern shimmying in the breeze. No, sadly, I wasn’t all “Sorry, I missed that bit because my couch caught fire.” The man was competing for my attention with a plant. It isn’t that he’s boring. I have ADHD— attention-defici…sorry, what was I saying? And in our relationship, as in yours, teasing plays a big role. So when my boyfriend has something important to tell me, he’ll sometimes prepare me (with a line that always makes me laugh): “Do I have your divided attention?” Teasing like this is what social psychologist Dacher Keltner calls an “indirect, playful way to negotiate conflict.” This is especially important in a relationship, where there are many conflicts and annoyances you’ll never resolve. In mine, for example, in addition to my mid-sentence day trips to the Baltics, there’s how my boyfriend seems to have attended the Jackson Pollock school of culinary arts. Or, as I put it—while cupping an ear theatrically and looking upward: “What’s that? Um, honey, the ceiling says it ordered its sauce on the side.”
Teasing is like bullying, Keltner explains—in that it’s something you say or do that’s intended to provoke another person. However, teasing includes clues that what you’re saying isn’t to be taken literally—and that your intent is playful, not hurtful. These playfulness signals are called “off-record markers” and include laughter, obvious exaggeration, a jokey tone, mimicry, and contorted facial expressions. As for the concern that your teasing is endangering your relationship, on the contrary, Keltner and his colleagues found that “couples who playfully teased, as opposed to resorting to direct criticism, felt more connected after conflict.” And the reality is that only two people who truly love each other can get away with trash-talking to each other in extravagantly awful ways. This is an example of what behavioral ecologists call a “costly signal”—one that, through its expense or riskiness, tells you it’s more likely to be for real. Conspicuous consumption is an example—signaling that you’ve got money to burn by shelling out $8K for a Rolex when a $50 Swatch tells the time just fine.
My boyfriend recently got laid off and lost a bunch of money in stocks. Yesterday, feeling blue, he said, “Can’t anything good happen for me?” (Gee, thanks. Guess I’m nothing good.) I know he’s talking about financial and career stuff, but we have something pretty special together. Why is he focusing on the bad stuff and not appreciating the good? Money isn’t everything.—Undervalued
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A guy likes to have a way to buy his woman dinner that doesn’t involve a ski mask and a sawed-off shotgun. No, money isn’t everything, but that can be difficult to remember while panicking that you’ll soon be raiding the market share of the wino on the corner begging for change. Also, because women evolved to go for men with status (a cue for the ability to provide) and men co-evolved to recognize this, it can be especially hard on a man when his career trajectory goes from riches to rags. However, emotions are—at root— behavior management tools, and the feel-bad that comes with a loss in status pushes a man to go out and get
a new job and make new investments. Without that motivation, that couch in Grandma’s basement can start looking like an extremely attractive place to be from 9 to 5. And 5 to 9: “Yo, Gram, can you throw down another bag of Doritos?” What you can do is be fierce in telling your boyfriend why you believe in him and about all the things you respect and admire in him (especially those that employers will also respect and admire). This is the sort of “appreciating the good” that he needs—especially if he gets to the point where he’s driving a brand-new Tesla but only until he gets a $2 tip for bringing it back to the guy who owns it.
©2015, Amy Alkon, all rights reserved. Got a problem? Write Amy Alkon, 550 S. First St., San Jose, CA 95113, or email adviceamy@aol.com.
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JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
HOME OF THE $5 EDIBLES
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Until Uncle Sam Says You Can"Sell" and "Profit" from Marijuana, You Can't! In December of 2015, the San Jose City Council passed several amendments to its Medical Cannabis program. These amendments allow collectives to freely exchange cannabis (without any proof of the source) and allow for manufacturing of cannabis products at off-site locations. These amendments further allow for cannabis profiteering and decrease the City of San Jose’s control over an already unregulated industry. MediMarts, a true closed loop, vertically integrated collective, submitted the following letter to the City Council before that meeting. MediMarts Response to the City BACKGROUND MediMarts has worked with the city for several years now and we have worked to ensure that our business model conforms to the Ordinance. MediMarts and the City both want to enable the seriously ill citizens of San Jose access to a natural alternative to addictive and harmful pharmaceuticals. The finish line is near and the City should not alter course and enable unlawful entities to continue to operate illegally in order to collect revenue from what will soon be determined to be an unlawful tax. Law abiding “collectives” or “cooperatives” are still exposed to potential federal criminal prosecution because federal law prohibits any involvement with marijuana due to its current classification as a schedule 1 controlled substance. Therefore, it is imperative that the City’s program ensure that it is not creating additional risks. If the City accepts the proposed amendments it would be endorsing felonious criminal activities and the City would need to answer to the citizens of San Jose after it reinvigorates the commercial marijuana trade. We commend the City and staff for writing and enacting the lawful process and overall regulatory scheme in all of California for legally operating closed-loop “collectives” or “cooperatives.” As the Mayor himself says “Medical marijuana is a complicated and constantly evolving issue that warrants time for an extensive discussion” and as a stakeholder that is probably the only true lawful “collective” operating in the City today we hope the City will engage with us for a more thorough analysis of this issue. Good policy decisions have brought the City this far and where we are now, any step backwards would be a disservice to the public. If the City is truly concerned with the “black market,” and not the money stream collected from bad actors holding themselves out to be good ones, the amendments must be rejected. Nobody wants to abandon vertical integration (closed-loop) and these proposed amendments do just that, the City needs to understand that responsible lawmaking requires the ability to be cognizant of the practical reality and the flexibility to re-examine the facts.
A LT E R N AT I V E MEDICINE
RECOMMENDATION 1) The purpose of this memorandum is to clarify what is permitted by current state law, including the well known California Attorney General’s Guidelines and the current Ordinance. Current state law only allow entities recognized by state law to operate a medical marijuana entity; for-profit and retail entities are illegal. First and foremost thing staff should recognize this
(PAID FOR BY MEDI MARTS)
Ask the City How & Why Illegal Entities (for-profit corps) and a Felon are Allowed to Operate Unlawful Businesses...so the City can Tax Them! fact and the reality that corporations, for-profit or otherwise cannot be in the medical marijuana industry. As such, the City should disqualify any and all entities holding themselves out to be anything but a member-owned collective or cooperative. The attached letter from the Secretary of State clearly explains that only a human being that either has a qualified medial condition, or is a primary caregiver to a person with such a condition, is permitted to engage in any medical marijuana activity. 2) Staff and Council also need to understand that anytime marijuana changes hands, it is “diversion” unless those hands are the patient members of the same “collective” or “cooperative”. “Diversion” is the primary evil that the Medical Marijuana Program Act and the San Jose Municipal Code aim to prevent. We can all agree that keeping medicine in the hands of the ill, and the ill alone, is of the utmost importance. Allowing transactions of a controlled substance to occur outside of the closed-loop lawful entities is illegal no matter how you approach or look at the issue. Moreover, it supports transactions involving the black market and/or unqualified individuals. Supporting or authorizing any such unlawful activity is essentially aiding and abetting drug trafficking of a controlled substance. (see the Memo from our lawyer, Steve Horner published previously) 3) Staff and Council must also understand that the “black market” or “underground market” are created by the consumer and their demand for marijuana medical or otherwise at a fair and reasonable price. In order to prevent a “black market”, we have to lower the price of marijuana so the demand and need for a “underground market” dissipates or diminishes until it disappears all together. Increasing the price of marijuana by enacting exorbitant fees, taxes, licenses, etc only makes it harder for lawful “collectives” or “cooperatives” to do just that (lower prices) and compete with drug cartels.
JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
JUST SAY 'NO' TO THE CITY'S CARTEL
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4) The MBT issue (U.S. Constitutional constraints on a de facto sales tax of a federally illegal commodity) is currently on appeal in the Sixth District of California and we are confident that the court will reverse the lower courts findings. As a result, the MBT will cease to exist as it is today. We are not against contributing to governmental oversight and administration etc but it must done carefully and lawfully. This may have to be taken to the Federal Supreme Court since it is truly a Ferderal vs State law issue. We are also questioning the state’s new Medical Marijuana Regulatory and Safety Act (MMRSA) and challenging it in the highest courts. This will most likely put a hold on any and all laws related to marijuana “sales” and “profit” in all states and local municipalities throughout the nation. So until such time and the Federal Supreme Court issues a finding regarding “federal supremacy” when a state law directly conflicts with federal law (CSA) which clearly does NOT allow for the “sale” or “profiteering” from the controlled substance marijuana for any reason whatsoever we simply ask that the City refer only to the state laws regarding marijuana medical or otherwise as they exist today.
(PAID FOR BY MEDI MARTS)
A LT E R N AT I V E MEDICINE
Sincerely, Dave Armstrong Managing Member of MediMarts
metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
Markus Felix, via Wikimedia Commons
46
SILICON SILICONALLEYS ALLEYS
Still Slaying MORE THINGS CHANGE Slayer played a killer show nearly three decades ago in Mountain View, but the new wave of tech and development rarely remembers.
Silicon Valley’s melting pot creates mixed bag of expectations BY GARY SINGH
A
NTI-MAN-ABOUT-TOWN paid for his lunch at a fantastic Indian buffet on Castro Street in Mountain View. The woman at the cashier, noticing my last name on the debit card receipt, spoke Hindi to me. When I didn’t answer, she said: “You don't speak Hindi?”
I said no. She gave me a flabbergasted look and said, “Nothing? Not at all?” To which I replied: “Look. Two
buildings down is where Slayer played 28 years ago. And Exodus. And Death Angel. And bands like D.R.I. and Verbal Abuse. Each of which probably involved me, as a teenager, drinking an entire bottle of Night Train in the back parking lot and then relieving myself on the back of this very building in which we now stand. And then going inside to smash my face on the stage over and over again, or at the very least swinging my friends around in circles, while colliding with any number of drunk or drugged out metalheads and punks drenched in sweat. There were no Indian dudes hanging around during those days, so, um, I never learned Hindi. Sorry.”
No, I didn't actually say that to her. But I felt like it. For the anti-man-about-town, this was a routine example of my childhood trauma, the productive kind, returning to the surface. I say “productive” because sometimes—if one possesses the tools—the negative experiences can transform themselves into humor. After awhile it becomes natural. Now that I’m older and just barely wiser, I seem better equipped to dissolve the reactive emotions when they arise. Before he passed away, my Dad was originally from India. My mom is Anglo, so I was born half-eastern and half-western. I’ve never been wholly or purely either one, but somewhere between. This was never any dramatic crisis. Rather, it just provided a rocking, thrashing metaphor for life. For example, just like San Jose, I feel half urban and half suburban. And 28 years ago, when Slayer played a few doors
down from this Indian buffet, I was half thrash metal and half punk. Which is why this encounter at the cash register brought back so many memories of Castro Street in the heyday of the thrash-punk crossover era. During the first half of the ’80s, most fans of the aforementioned genres were either purely punk or purely metal. Then halfway through that decade the two scenes crossed over and merged together to create a new term, aptly called “crossover,” a phenomenon that people on both sides are still complaining about. In the Bay Area, most of this went down in SF, the East Bay, or at clubs like the Keystone Palo Alto. But for a few brief years, the Mountain View Theater morphed into a makeshift venue, a beautifully decrepit sweatbox that booked these kinds of shows. All the aforementioned bands played there, in front of probably 300 people, tops. In Mountain View, the Castro Street of 1988 was an indistinguishable suburban road connecting El Camino Real to a Caltrain Station. Nobody used email, cell phones or laptops. There were no Googlers, Tech Bros or yoga hotties. Sidewalk patio dining was nonexistent, the parking strips did not overflow with flowers and there was nothing anywhere named Weeby. Then Slayer and Exodus showed up to sing about Satan, murder, rape, torture, cannibalism, necrophilia, rotting flesh, raining blood and lessons in violence. You know, the fun stuff. Thankfully, around the corner from the Mountain View Theater one found an unidentifiable dive bar named Mervyn's, which still exists, but for the first time in decades it now has a sign over the door, ruining all the mystery. On the way to the shows, those of drinking age would get smashed at Mervyn’s while the rest of us found other ways. I distinctly remember the band Verbal Abuse praising that bar on stage during their set at the Mountain View Theater. Unfortunately, the club only lasted a few years before going under. Nothing is permanent. In my case, I am grateful to still be here to regale you with these experiences. The rush nowadays comes not from rotgut wine and thrash metal, but instead from Aloo Gobi, chai and Bindi Masala. Even if I can’t speak Hindi.
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WRAPPING FORTE Dish N Dash has a slick ambience and beer selection, but don’t forget favorites like the chicken shawarma.
DND Finds New Home in SJ
M
OST RESTAURANTS with nine TVs and 16 beer taps serve greasy junk that plays second fiddle to the sports and suds. But Dish N Dash’s newly opened North San Jose spot zags away from the traditional game day/happy hour fare by providing a lip-smacking array of Middle Eastern classics. The sizable restaurant—part of a small chain with locations in Sunnyvale, Fremont and Milpitas—sits just down the street from the campuses of tech giants like Samsung and Paypal.
For starters, I went with the Lamb and Beef Sliders ($8). Combining the two meats brought out each’s strengths—the beef providing a satisfying base for the pleasantly gamey lamb. Held between grilled flatbread, the sliders came accessorized with onions, tomatoes, mint and feta cheese crumbles. In a twist on a sports bar classic, the Cauliflower Buffalo Wings ($7) comprised one hell of a simulation. Broccoli’s fancy cousin got fried crispy, then doused in a buttery hot sauce speckled with Mediterranean spices. For dipping, they paired a rich, tangy sauce that I pegged as a combination of tzatziki and blue cheese dressing. These complex flavor partners gelled harmoniously, then mingled with the soft, sweet center of the white veggie—which is just a fancy way of saying it was really good. Their Chicken Shawarma wrap ($11) featured tiny poultry cubes drizzled with a garlicky yogurt and accompanied by cool cucumbers, crisp cabbage and briny pickles to provide some crunch and freshness. I took half of it to go, and it held up just fine when I chowed down a couple hours later. One of their specialties, Tabsi with Falafel ($13) would have reminded me of home if my parents had been more skilled preparers of this cuisine. A hearty curry featuring eggplant, peppers and garlic smothered the light and tasty fried garbanzo balls which had an extra bit of roasty crunch due to a sprinkling of sesame seeds. On the side, I went with freekeh, a plump grain with smoky notes and consistency somewhat similar to couscous. In a humbly ritzy touch, it came topped with roasted almond slivers. Another tempting specialty was Mansaf ($17), tender lamb simmered for hours in aged yogurt. And they’ve got Baklava topped with orange blossom honey ($6) for dessert. They serve craft beer from as close as San Francisco (KSA Kolsch by Fort Point Beer Co.) and as far away as München, Germany (Hefe-Weisse Dunkelweizen by Franziskaner). For the health conscious, they’ve got fresh squeezed juices like Fields of Green ($5.50), which features kale, parsley, celery, apple, lemon, cucumber and ginger. For those who like beer and sports without the grease, Dish N Dash is hard to beat. —John Flynn
699 Curtner Ave. #140 SJ 408-448-1230 Closed Sunday, Temporarily Closed Monday
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s flavors of the origin
& deliciou Enjoy the fresh, fast
metroactive.com | sanjose.com | metrosiliconvalley.com | JULY 27-AUGUST 2, 2016
Natalie Kirkland
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SIPS
FLIGHT SCHOOL SV Beer Week keeps the cold ones coming.
Beer Week Keeps Flowing
S
ILICON VALLEY BEER WEEK still has several more days to celebrate the region’s best craft brews. Check out these events and support your local brewers. See all events on www.SVBeerWeek.com.
ORIGINAL GRAVITY A full week of beer themed events continue, including an ice cream social. Wed, Jul 27, 5pm-10:45pm: An Evening w/ Founders; Fri Jul 29, 5pm-11:45pm: Deschutes Ice Cream Social/Cellar Extravaganza. Sat, Jul 30: Sour Fest 7.0. 66 S First St, San Jose. PIZZA CALIFORNIA California Brewery Showdown: Six brewers go head-to-head everyday and attendees pick the winner. Thru July 30, 11am-9:30pm. 1708 Oakland Rd, Suite 500 , San Jose. BEERWALK SANTANA ROW Explore Santana Row and discover all the shops and great restaurants while sipping on great beers while mingling with other craft brew lovers. Wed, Jul 27, 6pm-9pm. 377 Santana Row, San Jose. SECOND ANNUAL BEER CAN OPEN GOLF TOURNAMENT Taste beer from seven outstanding breweries, paired with a round of golf on Santa Teresa Golf Club’s 9-hole, par-3 course. The event starts Saturday, July 30 at 11:30am with range balls and beers at check in, followed by seven of the breweries stationed throughout the golf course. It all concludes with the Strike Brewing "Draft-er Party" and BBQ up at the new STGC Beer Garden. 260 Bernal Rd, San Jose.
Gold Rush EATERY
RESTAURANT & BAR @ SUNKEN GARDENS GOLF COURSE
LIVE MUSIC FRIDAY NIGHTS 7-10PM
GOLDEN STATE BREWERY Celebrate the release of the fabled Magnitude 9.9, grab the furry friend and enjoy a cold one, dip your donuts in beer and get big discounts for repping favorite teams. Sat, Jul 30, 4:30pm-7:30pm: Sports Night with the Game Day Food Truck. 1252 Memorex Dr, Santa Clara.
HAPPY HOUR 3-7 M-F
$4 Pint Selections • $5 House Wine GOURMET MOBILE FOODTRUCK Craft Beer • Gourmet Burgers Signature Sandwiches
1010 S.Wolfe Rd Sunnyvale, CA WWW.GOLDRUSHEATERY.COM 408 743.5336
20 BEERS ON TAP KARAOKE THURSDAYS! 7PM
FIBBAR MAGEES Prepare for battle of the brews! Thu, Jul 28, 6:30pm-10pm: SF vs. SJ, as San Francisco’s Anchor Brewing and San Jose’s Strike Brewing face off head to head; Fri, July 29, 6pm-9pm: Pints with Chris Cramer, CEO of Karl Strauss, will be on hand to discuss their beers. 156 S Murphy Ave, Sunnyvale.
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metroactive SVSCENE
JULY 27-AUGUST 2, 2016 | metrosiliconvalley.com | sanjose.com | metroactive.com
Weird Al fans are all about that “Foil.”
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Taking a selfie with a tablet, while posing for a photo outside the Weird Al show. That’s not “Tacky,” is it?
It was a lovely evening of music and art at Montalvo Arts Center’s “Rock the Garden” event.
Photos by Greg Ramar
Fans of soccer, Belanova and Flo Rida packed Plaza de Cesar Chavez for the MLS AllStar Game pre-party.
Jello Biafra, formerly of The Dead Kennedys, led his new band, The Guantanamo School of Medicine, at The Ritz.
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