In San Francisco, California, a partnership of billionaire investors and government officials insisted on replacing acres of grass parks and athletic fields with a toxic-laden variation of synthetic turf. They repeatedly insisted that its many chemicals would cause "no significant harm" to the public or to the environment.
So why did they and their surrogates illegally destroy records and cover up reports about the cancer connection?
So why did they and their surrogates illegally destroy records and cover up reports about the cancer connection?
1- THE "TEAM" & THE DEAL - City Fields Foundation
The Fisher family of San Francisco was one of the wealthiest and most influential in the State of California -- and had a history of giving gifts that had a price tag attached. In this case the cost would be much more than a mandated vanity plaque, or control over a major art gallery, or the fate of a forest of old redwoods. In 2006, the three billionaire brothers -- Bob, Bill, & John Fisher -- and their associates set their sights and ambitions on investing a portion of the brother's inheritances in a series of construction projects -- replacing existing grass parks and fields in San Francisco with synthetic turf covered with tire crumb.
In addition to the Gap Clothing retail empire, the Fisher family of San Francisco has a multi-generational history of dealings in the construction industry and finance. In 2004 -- each brother was given over a billion dollars in assets apiece.
Bob Fisher became the reporting owner of the family financial investment portfolio – Pisces, Incorporated – which lists his brother John as president. John bought stakes in soccer's San Jose Earthquakes and Scotland's Glasgow Celtic football club. He also became the majority owner of the Oakland Athletics. Bill started a private equity firm for their investments.
Along with financial adviser Susan Hirsch, (owner of Hirsch & Associates), they conceived of operating a Foundation that would be allotted public land -- free of charge -- supplied by the City and County of San Francisco. Their vision was to be able to build upon these properties -- and award multi-million dollar construction contracts to various associates of their choosing. They could write off their investments -- while requiring the City of San Francisco to provide millions of dollars of matching public funds.
The loose tire crumb particles and dust are seen flying up when athletes play on their synthetic fields -- or when shaken out of children’s hair and clothes.
One of the keys to enabling the Foundation's agenda was to lock down a strategic arrangement with the City of San Francisco.
One of the keys to enabling the Foundation's agenda was to lock down a strategic arrangement with the City of San Francisco.
Over the years the brothers had established a symbiotic relationship with Democratic San Francisco Mayor Gavin Newsom -- (they even named a style of their Banana Republic pants after him). Being some of the most influential political donors in town -- in 2006 with the Mayor's support, the brothers and their Foundation signed an agreement with the City of San Francisco. |
In what has been called a sweetheart deal -- the deal made between the City and the Foundation is exceptional in many ways; for example the agreement's memorandum of understanding not only grants the Foundation free land to use for their projects -- but also absolves them of virtually any liability after construction.
In addition it allows the Foundation easy termination of the agreement at their discretion -- and on top of all that, the agreement grants the Foundation the right to employ, “contractors of its choice”. [agreement doc.]
In addition it allows the Foundation easy termination of the agreement at their discretion -- and on top of all that, the agreement grants the Foundation the right to employ, “contractors of its choice”. [agreement doc.]
The City Fields Foundation (CFF) “Team” -- as they call themselves -- operates under the umbrella of the Fisher's financial investment entity, Pisces Incorporated. The Foundation presents itself as a public-private partnership and is headed up by the three brothers along with management of the San Francisco Recreation & Park Department.
The CFF “Team” also includes construction contractors, and other key players with vested interests. Hirsch acts as the designated director of the “Team”, and former San Francisco Assistant D.A. Scott Emblidge acts as the designated legal counsel -- both are experienced and well connected political lobbyists in the City of San Francisco.
The City Fields Foundation and their associates were now poised to do business -- handing out multi-million dollar contracts that were tax deductible for investors. The web site of one of the original CFF “Team” members -- and president of a construction company -- declared that the contracts would be worth over fifty million dollars. Stephen D. Bechtel’s Foundation, (Bechtel Corporation), was one of the first to join in.
The City Fields Foundation and their associates were now poised to do business -- handing out multi-million dollar contracts that were tax deductible for investors. The web site of one of the original CFF “Team” members -- and president of a construction company -- declared that the contracts would be worth over fifty million dollars. Stephen D. Bechtel’s Foundation, (Bechtel Corporation), was one of the first to join in.
2- “WE WANT TO BE GOOD NEIGHBORS" - The Turf
The first couple of projects proceeded smoothly enough for the City Fields Foundation (CFF) "Team”. Without much objection, two City parks were converted from grass to tire crumb synthetic turf. Both projects were allowed to be built without an Environmental Impact Report (EIR).
It was only when CFF tried to replace a 3 acre grass park with tire crumb synthetic turf in the Potrero Hill neighborhood that a community spoke up.
A homeowner who lived next to an existing CFF tire crumb project complained of a, "pervasive noxious chemical odor." A Potrero Hill resident questioned, “How can they consider taking away 7% of the greenery in San Francisco and replace it with plastic.” Another pointed out that, “The removal of natural grass and the installation of artificial turf violated the City's General Plan.” |
CFF representatives dismissed the concerns as misguided. "We would never intentionally take on a project thinking there would be some negative effects”, Hirsch protested, “we care about health and environmental issues and we want to be good neighbors."
When CFF spokesperson Patrick Hannan was questioned about toxic lead exposures from the tire crumb synthetic turf infill he laughingly brushed the concern off saying, “there’s lead in cotton candy”.
When CFF spokesperson Patrick Hannan was questioned about toxic lead exposures from the tire crumb synthetic turf infill he laughingly brushed the concern off saying, “there’s lead in cotton candy”.
When informed that his associates might be misleading the public, Bob Fisher retorted, “We’re absolutely telling the public straight information”.
As it turned out, the SBR synthetic turf used in the CFF projects had significant toxicity problems -- which CFF "Team" members were not telling the public.
SBR tire crumb is composed of over 200 chemical compounds and metals derived from tires. One thing that the CFF "Team" members weren't telling people was that -- over 20% of the material in tire crumb has been found to cause cancer by the State of California. In other words -- each regulation football sized field contained over 300,000 pounds of inhalable carcinogens. Presently, San Francisco has introduced well over twelve million pounds, (6390 tons), of carcinogenic -- petroleum derived -- carbon black ultra-fine particles into the City environment and public spaces by its use of tire crumb synthetic turf. (calculation sheet). |
Tons of the carcinogens are being introduced at each of the CFF synthetic turf projects. [clik to enlarge]
3- CREATING THE SPIN - San Francisco Synthetic Fields Task Force
In late 2007, with the support of the Coalition for San Francisco Neighborhoods, a second San Francisco neighborhood refused to allow City Fields (CFF) to convert their grass park into a styrene butadiene (SBR) project -- citing public health and environmental concerns about the tire crumb synthetic turf.
In response-- Mayor Newsom angrily expressed his intolerance of any opposition of the CFF projects to members of his Recreation & Park Commission when he demanded, “Make this happen!”
In response-- Mayor Newsom angrily expressed his intolerance of any opposition of the CFF projects to members of his Recreation & Park Commission when he demanded, “Make this happen!”
With the help of Commissioners Jim Lazarus and Larry Martin -- a month later the Recreation & Park Commission, along with CFF, quickly pulled together what was to be called the San Francisco Synthetic Playfields Task Force.
Because of the short notice, only a handful of applicants applied for the six seats open to the public on the Task Force. This shortcoming was compounded by the fact that, any applicant from the general public who had previously spoken up about the health risks of artificial turf with tire crumb was summarily rejected from the Task Force.
Rejected candidates included two with medical backgrounds, an environmental auditor, as well as designated representatives for over five neighborhood associations.
Instead. Task Force seats were entrusted to CFF volunteers, CFF supporters, and a couple who admitted that they were unclear of what the Task Force was about. PROSAC, a politically appointed CFF supportive organization overseen by the Recreation & Park Commission, usurped an additional seat.
When the representative from the Audubon Society tried to appropriately pass his seat to a researcher with experience looking into the hazards of tire crumb, he was pressured not to do so by the General Manager of the Recreation & Park Department and "Team" member.
When the representative from the Audubon Society tried to appropriately pass his seat to a researcher with experience looking into the hazards of tire crumb, he was pressured not to do so by the General Manager of the Recreation & Park Department and "Team" member.
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CFF “Team” member Dan Mauer -- who works in the Capital Division of the Recreation & Park Department -- was inserted into the group to be the Task Force's "expert" despite a demonstrable lack of technical or scientific knowledge about styrene butadiene tire crumb or synthetic turf in general.
CFF “Team” member Dan Mauer -- who works in the Capital Division of the Recreation & Park Department -- was inserted into the group to be the Task Force's "expert" despite a demonstrable lack of technical or scientific knowledge about styrene butadiene tire crumb or synthetic turf in general.
A Task Force facilitator was appointed -- she was also listed on the CFF web site as a supporter of the projects. The gatherings were sporadic, after-work, evening affairs overseen by CFF president Hirsch. Catered dinners were brought in by CFF. The meetings were so poorly attended that they quit recording attendance. One member was scolded for never having said a word. The lone medical doctor didn’t show up for his presentation or any other topic presentation.
The critical and scientifically complex report on sbr tire crumb toxicity was given by a CFF “Team” member Dan Mauer. One of the disillusioned Task-Force members characterized the shallow deliberations as, “a joke.”
Perhaps, most disturbing was that a seated representative from the California Office of Health Hazard Assessment never once mentioned his agency's findings that a significant percentage of tire crumb was listed by his agency as being made up of chemicals that were "known to cause cancer". He also failed to mention that the carcinogenic chemical known as petroleum derived carbon black makes up a high percentage of tire crumb. Neither fact was ever brought up or reported on by the Task Force or the representative. |
In the end a Task Force Report was written by a CFF supporter with virtually no oversight from the Task Force membership. The web site SynTurf.org described the report as “a masterpiece of obfuscation”. "San Francisco Chronicle" journalist C. W. Nevius inaccurately reported, “The City's 2008 Synthetic Playfields Force concluded it is safe.” In fact, the Task Force and its report could draw no such conclusion.
Despite its superficial vetting, CFF now had a report that they would use as a tool -- to repeatedly spin to the public and flaunt as a sign of their goodwill and due diligence.
As it turned out, communities and synthetic turf sales teams across the country would use this report to justify other installations -- declaring, "they don't have any problem with it in San Francisco".
4- LAYING THE GROUNDWORK - Key Personnel Appointments
In 2009, Mayor Newsom appointed his former political chief of staff and former union lawyer Phil Ginsburg to be General Manager of the Recreation & Parks Department.
Ginsburg had the loyalty and callousness to follow direction. He could dogmatically push the agenda of City Fields Foundation's projects -- and he had the acting chops to play the victim when needed -- but a salesmen with well heeled connections was also needed.
So, Newsom then brought in real estate developer, (and self described "auctioneer"), Mark Buell to be president of the Recreation & Park Commission. Buell is a major donor and fund-raiser for Democratic Party political candidates -- including for Newsom. Buell had also served on boards with the Fisher brothers.
According to the San Francisco Chronicle -- when Buell took office he was challenged with, “putting artificial turf at the Beach Chalet soccer fields” -- in Golden Gate Park.
Buell was soon heard to be proclaiming, “The state of the art is synthetic turf in all soccer fields and all parks in the country.”
According to the San Francisco Chronicle -- when Buell took office he was challenged with, “putting artificial turf at the Beach Chalet soccer fields” -- in Golden Gate Park.
Buell was soon heard to be proclaiming, “The state of the art is synthetic turf in all soccer fields and all parks in the country.”
Newsom now had two loyal players signed on with roles defined -- a top priority seeming to be to deflect the public’s scrutiny about the controversies associated with the CFF styrene butadiene (SBR) projects -- and to wear out and discourage any opposition.
A CFF supporter characterized their function as being “firewalls”. Along with Buell --Ginsburg would often refer to himself as “the piñata”. Additionally, Ginsburg and Buell had direct influence over a host of government employees and dependent parks groups which turned out to be useful as another layer of "firewall" protection.
A CFF supporter characterized their function as being “firewalls”. Along with Buell --Ginsburg would often refer to himself as “the piñata”. Additionally, Ginsburg and Buell had direct influence over a host of government employees and dependent parks groups which turned out to be useful as another layer of "firewall" protection.
As it turned out very little protection was necessary. Dissent in San Francisco regarding SBR synthetic turf amounted to little more than disorganized ragtag collections of inexperienced individual citizens and sporadic NIMBY groups. For most medical professionals, SBR toxicity was not yet on their radar.
Opposition was easily contained. To silence a health care advocate's presentation at his Commission, Buell could, (and did), simply interrupt a speaker with the swing of his gavel or allow his Commission secretary to turn off the microphone. Ginsburg would simply ignore the speaker.
Opposition was easily contained. To silence a health care advocate's presentation at his Commission, Buell could, (and did), simply interrupt a speaker with the swing of his gavel or allow his Commission secretary to turn off the microphone. Ginsburg would simply ignore the speaker.
Hirsch distanced her clients -- the Fisher brother's -- and herself from the controversy by handing off the lion’s share of CFF’s mounting public relations challenges and neighborhood outreach to fellow “Team” members Mauer and Hannan. Both had experience and training in persuasive public speaking. Hannan, who claims expertise in media relations, strategic communications, and message development, was given the title of CFF’s director of communications.
CFF launched the City Fields Foundation's web site, along with other social media presences on Twitter and Facebook. Using these tools CFF cultivated particularly close social media ties with various sports leagues with whom they began to post motivating and strategic internet postings.
Additionally, CFF director Hirsch was placed on the Board of Directors of the newly formed “The Bay Citizen” -- a Bay Area news source that was substantially funded by the Fisher Family.
These connections gave Hirsch and CFF greater access to some of the Bay Area’s most influential media.
5- GETTING THE MISLEADING WORD OUT - Public Relations
Despite the fact that City Fields Foundation did not intend to create more play fields, (they were simply converting grass fields to sbr synthetic turf and adding stadium lighting), CFF “Team” members Ginsburg and Hirsch stressed in the "San Francisco Examiner" that the City was in “critical need of additional soccer fields”.
In the "San Francisco Chronicle", Ginsburg praised CFF for their generosity and credited their organization with keeping San Francisco parks safe. Ginsburg insisted that the styrene butadiene (SBR) synthetic turf projects are expected to improve the quality of life for San Francisco’s families. He described CFF as being, "absolutely crucial to keeping families healthy and thriving in San Francisco” .
In the "San Francisco Chronicle", Ginsburg praised CFF for their generosity and credited their organization with keeping San Francisco parks safe. Ginsburg insisted that the styrene butadiene (SBR) synthetic turf projects are expected to improve the quality of life for San Francisco’s families. He described CFF as being, "absolutely crucial to keeping families healthy and thriving in San Francisco” .
Hannan played a more antagonistic role. He said, “SBR is the right turf product for this location. They’re [critics] not interested in finding a solution that allows kids to play on these fields. They’re interested in making sure this project doesn’t happen and we think that is going to hurt families and kids in San Francisco.”
Since acres of grass park land were being destroyed, natural grass turf had to be condemned. “Grass cannot be maintained year-round, which makes [synthetic] turf the best alternative, Hannan would claim adding, "If you're going to put grass on an athletic field, you're going to restrict public access."
Since acres of grass park land were being destroyed, natural grass turf had to be condemned. “Grass cannot be maintained year-round, which makes [synthetic] turf the best alternative, Hannan would claim adding, "If you're going to put grass on an athletic field, you're going to restrict public access."
Rec & Park Department General Manager and CFF “Team” member Ginsburg had a particularly delicate balance to maintain. While he was hard-selling the public on a “need” for the CFF SBR synthetic projects, he was essentially acknowledging his shortcomings as a General Manager of “green” parks. He would describe his grass parks as “dilapidated”. Hannan portrayed them as, "fields of last resort”. Hirsch proposed that the poorly managed grass fields were the primary cause for “families leaving San Francisco”.
Ginsburg must have had to bite his tongue -- because while he was throwing in the towel on maintaining neighborhood grass parks, he was simultaneously rehabilitating the 9 acre grass Polo fields with new grass for soccer players. The City was able to re-sod what is the largest soccer complex in the City -- (plus add drainage and state-of-the-art irrigation) -- with a State grant for only 1 million dollars. This was a fraction of what each CFF project cost and what it was costing the City in tens of millions of dollars in matching funds for CFF projects.
Hannan was caught stepping the harassment up a notch when he sent out an email with a link to a web site that listed a health care advocate’s family’s personal information as well as a link to where he lived.
A newspaper editor received the email from Hannan in reference to an interview that the public health care advocate had given his paper about SBR synthetic turf. In the email, Hannan defamed the advocate to the editor -- stating among other things, “You've been had". When confronted, Hannan denied he had sent the email, and only admitted that he had sent it when the email was produced.
When the advocate asked Buell, Ginsburg and the Recreation and Park Commission to intervene and address their partner organization’s harassing behavior, he did not receive a single response. The harassment would escalate.
When the advocate asked Buell, Ginsburg and the Recreation and Park Commission to intervene and address their partner organization’s harassing behavior, he did not receive a single response. The harassment would escalate.
6- SNAKE OIL SALESMEN - Public Outreach
Like a medicine show from the old west -- Hannan and Mauer would team up and present misleading disinformation for various public gatherings. The City Field Foundation's (CFF) styrene butadiene (SBR) synthetic turf projects were promoted as a tonic for everything from rodent control to preventing childhood obesity.
Replacing acres of fields of natural grass turf with SBR synthetic turf was sold as an enticement for drawing families to San Francisco.
Like slick admen they produced PowerPoint presentations with photos of dead grass parks that Ginsburg had neglected and allowed to dry up. They promoted slogans about grass parks -- such as "el parquet donde te rompes pie" or "the park where you break your foot".
After simply replacing pre-existing grass fields with synthetic turf, CFF misrepresented themselves as increasing the number of play fields. Scientific and medical research about the health risks, (if addressed at all by CFF lobbyists), was flippantly dismissed as being inconclusive.
Calling their projects “wildly popular “and having “the support of the city”, CFF "Team" members were repeatedly caught fabricating information about the makeup of the SBR synthetic turf. Safety comparison studies were misrepresented in an attempt to make SBR synthetic turf appear safer than grass.
CFF’s lobbyists shaped the public's perception to the point where CFF's SBR projects were perceived as an almost magical panacea. The projects were promoted as a salvation for California's drought woes, as making a significant dent in billions of waste tires, and for one project -- as a suppressor of public sex acts.
Charts were repeatedly produced showing an exaggerated increase in playing time, which even Mauer eventually admitted that the numbers had been pumped up with duplicitous calculations.
Charts were repeatedly produced showing an exaggerated increase in playing time, which even Mauer eventually admitted that the numbers had been pumped up with duplicitous calculations.
It seemed that whatever could be used to close the deal was fair game.
If you weren't buying any of their other pitches -- they would ultimately fall back on the argument that the fields could be easily replaced later with a non-toxic surface without consequence.
The consequence that was not addressed by this argument was how to undo the buildup in a child's body of accumulated sbr toxins.
If you weren't buying any of their other pitches -- they would ultimately fall back on the argument that the fields could be easily replaced later with a non-toxic surface without consequence.
The consequence that was not addressed by this argument was how to undo the buildup in a child's body of accumulated sbr toxins.
One claim that CFF didn’t try to make was that their SBR projects could cure the cancer that was being associated with exposure to SBR particles and their hydrocarbon chemical off-gas.
As early as 2008, Washington State had reported on a schoolboy who after years of exposure to sbr was fighting cancer.
Clusters of Hodgkin’s lymphoma associated with SBR exposure were showing up in the news -- especially in certain athletes who played positions where they were more prone than other players to inhale and ingest the SBR dust and its hundreds of chemical compounds.
A Huffington Post article posed the question, "How did we end up with children playing on fields that we know have carcinogens in them?"
As early as 2008, Washington State had reported on a schoolboy who after years of exposure to sbr was fighting cancer.
Clusters of Hodgkin’s lymphoma associated with SBR exposure were showing up in the news -- especially in certain athletes who played positions where they were more prone than other players to inhale and ingest the SBR dust and its hundreds of chemical compounds.
A Huffington Post article posed the question, "How did we end up with children playing on fields that we know have carcinogens in them?"
According to Buell, the demographic segment most likely to be using the SBR fields in San Francisco was the City's growing population of culturally diverse new citizens. “Trust me, Buell said, the sport of preference for immigrants is soccer”
Unfortunately, most studies of health disparities reveal that the same immigrants and minorities that Buell was referring to lack the critical services to help overcome the economic obstacles of obtaining cancer treatments and other medical services that could become necessary.
Recreation & Park Commissioner Gloria Bonilla admitted, “In the Latin community, soccer is wildly popular. I have many family members who have a lot to say about this subject, [SBR synthetic turf]. They deal with lead and asbestos and a lot of these elements that are harmful to people. They are very concerned that I would be voting to support a synthetic turf field.” (Nevertheless, Bonilla has cast her vote to support every CFF project).
7 DECLARE WAR / DIVIDE AND CONQUER - Divisiveness
The City Fields Foundation (CFF) "Team" had a history of being confrontational.
As far back as 2007, while attending a community meeting about a CFF project, a neighbor was voicing concerns about the toxicity issue in a one-on-one discussion with a CFF "Team" member. The General Manager of the Recreation & Park Department at the time -- (prior to Ginsburg), approached the two with a bottle of water in hand.
"Did you ever drink a bottle of water?", the GM interrupted. The two continued their conversation. "You know there’s lead in water,” the GM insisted as he moved in closer. "Give us a second”, the neighbor requested as he held up his hand, which the GM leaned into. The GM suddenly cried out, "Don’t you lay your hands on me! Don’t you touch me!”
Flabbergasted, the neighbor said later, "These people were not interested in a meaningful discussion, to them this was some cutthroat game".
As far back as 2007, while attending a community meeting about a CFF project, a neighbor was voicing concerns about the toxicity issue in a one-on-one discussion with a CFF "Team" member. The General Manager of the Recreation & Park Department at the time -- (prior to Ginsburg), approached the two with a bottle of water in hand.
"Did you ever drink a bottle of water?", the GM interrupted. The two continued their conversation. "You know there’s lead in water,” the GM insisted as he moved in closer. "Give us a second”, the neighbor requested as he held up his hand, which the GM leaned into. The GM suddenly cried out, "Don’t you lay your hands on me! Don’t you touch me!”
Flabbergasted, the neighbor said later, "These people were not interested in a meaningful discussion, to them this was some cutthroat game".
In a ludicrous attempt at twisted logic, a frequent accusation levied by CFF supporters against children health care advocates was that they really did not care about children -- whenever the advocates presented toxicity studies involving the chemicals found in SBR.
Ginsburg repeatedly asserted that he was striving for transparency and inclusiveness -- yet, a review of his schedule seems to indicate that inclusiveness seemed primarily limited to regularly scheduled private biweekly meetings between himself and CFF director Hirsch -- or with CFF supporters.
Ginsburg repeatedly asserted that he was striving for transparency and inclusiveness -- yet, a review of his schedule seems to indicate that inclusiveness seemed primarily limited to regularly scheduled private biweekly meetings between himself and CFF director Hirsch -- or with CFF supporters.
A CFF spokesperson insisted that, “they [CFF] desired neighborhood input and debate" -- yet in 2009 when Jewish Community High School tried to organize a panel debate about the SBR projects they were rebuffed by CFF. The school was told by CFF that, "The Rep from the City Fields Foundation would not agree to sit in a panel with someone else."
San Francisco Chronicle columnist C.W. Nevius, an ardent supporter of the CFF “Team”, promoted further divisiveness when he wrote, “Matters reached a new low recently when a fake e-mail was sent out”. Nevius reported that an email had been sent to soccer leagues from someone falsely claiming to be from the National Institutes of Health (NIH).
Nevius did not disclose who had supplied him with the email -- but as it turned out, it was a real email from a real concerned doctor, who had not claimed any affiliation with the NIH. The doctor had merely reached out to some youth soccer coaches with a video link to encourage them to promote healthy lifestyles and safe washing practices to their kids after exposure to the SBR dust on the playing fields.
Regardless -- Ginsburg seized the opportunity to pump up paranoia and accused the sender of the email of trying to scare “the bejesus out of parents and kids”.
Regardless -- Ginsburg seized the opportunity to pump up paranoia and accused the sender of the email of trying to scare “the bejesus out of parents and kids”.
Another desperate incident occurred when an Assistant Superintendent of the San Francisco Unified School District, Dr. John Rubio, who was speaking in support of a CFF SBR project, went so far as to publicly besmirch the integrity of an elementary school girl.
Rubio falsely and pointedly accused the 11 year old child of strategically withholding information after she had spoken just before him at a Commission hearing about testing she had done to detect toxins in SBR synthetic fields in San Francisco -- and about their effects on the environment.
Rubio falsely and pointedly accused the 11 year old child of strategically withholding information after she had spoken just before him at a Commission hearing about testing she had done to detect toxins in SBR synthetic fields in San Francisco -- and about their effects on the environment.
In 2009, the State of California won a lawsuit against manufacturers of synthetic turf based on the high levels of lead found in their products. Despite growing scientific documentation and demands from the public to conduct what should have been a mandatory Environmental Impact Report (EIR) for their projects, the San Francisco Planning Deptartment instead repeatedly exempted every CFF project.
Even so, the word was getting out about the health risks inherent to SBR synthetic turf . A Huffington Post article about a CFF project posed the question, “How is that we [have] come to believe that it's OK to let children play in tire waste?”
8- MEDIA PROPAGANDA JUGGERNAUT - Media
The Fisher brothers -- with all of their political connections and millions in advertising dollars as the largest specialty retailer in the United States from the Gap Inc., Old Navy, Banana Republic – maintained a significant sway in the local San Francisco media.
For years San Francisco reporters and editors had been provided with scientific data and been made aware of the problems associated with CFF's styrene butadiene (SBR) projects.
For years San Francisco reporters and editors had been provided with scientific data and been made aware of the problems associated with CFF's styrene butadiene (SBR) projects.
A few neighborhood newspapers and web sites questioned the CFF “Team”'s propaganda -- but the major San Francisco media outlets were overwhelmingly on-board and supportive. News anchor Pam Moore of KRON-4 narrated a promotional video for CFF. Ken Garcia at the "San Francisco Examiner" wrote multiple columns enthusiastically promoting the CFF agenda.
In 2009 the Chronicle’s Marisa Lagos cynically dismissed CFF critics by writing, “And we can’t help but wonder if there are politics (gasp!) at play as well: ... You know how San Franciscans love to hate the Fishers.”
In 2009 the Chronicle’s Marisa Lagos cynically dismissed CFF critics by writing, “And we can’t help but wonder if there are politics (gasp!) at play as well: ... You know how San Franciscans love to hate the Fishers.”
The cancer risk issue was being obscured by the media. In accordance with the media, CFF fomented the paradigm of a "Turf War". Greta Kaul of the SF Chronicle promoted "turf wars - raging” and a “fight”. CFF launched an offensive with their supporters and their media allies. CFF “Team” members were regularly given platforms to pump up their talking points to readers, politicians, and audiences all over the City -- while glossing over, or completely ignoring, the health and cancer risks.
Short sightedness and narrow thinking were encouraged. John Wildermuth of the "San Francisco Chronicle" portrayed the issue as “kids versus birds”.
C. W. Nevius sarcastically wrote in his newspaper column, “The toxins in the artificial turf may poison children, kill and maim wildlife, and leach terrible chemicals into the ocean. That's a good argument - from 1984.” he continued, “Hundreds of thousands of children - including my daughter - have played on artificial turf without any physical problem.” Many of the online comments from CFF supporters inspired by the Nevius column had to be removed for being overly aggressive in tone toward dissenters.
C. W. Nevius sarcastically wrote in his newspaper column, “The toxins in the artificial turf may poison children, kill and maim wildlife, and leach terrible chemicals into the ocean. That's a good argument - from 1984.” he continued, “Hundreds of thousands of children - including my daughter - have played on artificial turf without any physical problem.” Many of the online comments from CFF supporters inspired by the Nevius column had to be removed for being overly aggressive in tone toward dissenters.
As a nod toward giving the appearance of balance to their news stories, the media would often quote local protesting NIMBY groups. Meanwhile national activist groups leading the way in providing research on SBR’s human health and toxicity issues were skipped over by local journalists -- groups like SynTurf.org, or Environment & Human Health, Inc., or the Washington D.C. based Safe Healthy Playing Fields Coalition.
A notable exception were Bay Area reporter Jeffrey Schaub’s exposés for CBS-5. Over the span of three reports, Schaubs’ stories evolved from curiosity about synthetic turf to "jaw dropping" amazement over cover-ups by California State officials in a news report regarding styrene butadiene and synthetic turf testing.
Bay Area environmental groups and health care advocacy organizations were made aware of the misinformation being promulgated by the CFF “Team”. This was a very lean period for financial donations for publicly supported environmental, health care, and park advocacy groups in San Francisco.
The only groups that took a proactive stand were the Bay Area chapters of the Sierra Club and the Audubon Society.
In Oakland, an Environmental Health organization originally strongly criticized the toxicity of SBR synthetic turf toxicity in an early news report by Schaub -- then perhaps coincidentally, they became less outspoken on the topic after one of their testing programs became indirectly partially funded by Patrick Hannan of CFF.
The only groups that took a proactive stand were the Bay Area chapters of the Sierra Club and the Audubon Society.
In Oakland, an Environmental Health organization originally strongly criticized the toxicity of SBR synthetic turf toxicity in an early news report by Schaub -- then perhaps coincidentally, they became less outspoken on the topic after one of their testing programs became indirectly partially funded by Patrick Hannan of CFF.
9- ASTROTURFING PUMPS UP THE DRAMA - Astroturfing
Astroturf is the name of the original brand of artificial turf -- astroturfing has become a political term that means to use a group of people to push an agenda or spread disinformation while concealing the actual instigators.
Ironically the City Fields Foundation (CFF) “Team” started astroturfing with a vengeance. They sent out mass emails exhorting their supporters to take action, saying things such as “I can't emphasize enough your importance in this process”, “present en masse to the Commission”, “we're counting on you to muscle up our collective power”.
Ironically the City Fields Foundation (CFF) “Team” started astroturfing with a vengeance. They sent out mass emails exhorting their supporters to take action, saying things such as “I can't emphasize enough your importance in this process”, “present en masse to the Commission”, “we're counting on you to muscle up our collective power”.
Hirsch, Hannan, Ginsburg, and now political lobbyist Alex Clemens of Barbary Coast Consulting, were leading the charge. They organized strategy sessions and rallies for recruiting and coaching followers. In 2011, mass emails were sent throughout the Bay Area encouraging supporters to gather for a free chicken dinner and a strategy session. “Bring two or three people”, one email said.
The session was conducted by Clemens, Hirsch, Ginsburg, Hannan, and other CFF staff. Individuals who showed up but wouldn’t sign their CFF petition supporting SBR synthetic turf were dis-invited and made to leave.
Speaking about a 2011 San Francisco Mayoral debate that CFF supporters from outside of San Francisco were encouraged to attend -- candidate John Avalos noted, “I saw the email encouraging soccer enthusiasts from around the Bay Area to pack the forum.”
Almost unanimously though, Avalos and other City Supervisors and other San Francisco City officials were giving their friends at CFF a free pass.
Almost unanimously though, Avalos and other City Supervisors and other San Francisco City officials were giving their friends at CFF a free pass.
For years, City Supervisors and other government officials had been presented by the public with an abundance of scientific data and reports that contradicted the claims and skewed conclusions of the memos and reports being presented to them by CFF.
City officials had received research about styrene butadiene (SBR) showing the risks of cancer and those associated with toxic chemicals and how the risks especially affected children.
The findings of cancer risks were supported by conclusions from organizations such as the California Office of Environmental Health Hazard Assessment, the International Agency for Research on Cancer, and the World Health Organization.
Yet the Supervisors conducted virtually no investigative follow-up. – (Instead, the Supervisors did find time to spend hours in prolonged debates on items such as public nudity, Happy Meal toys, and impeaching the President of the United States).
10- POLITICAL SHENANIGANS - Political Corruption
As it turns out, Supervisors such as Avalos and others were engaging the same lobbyists to enhance their political careers that the City Fields Foundation (CFF) was employing. Clemens’ influential political lobbying firm was buttering both sides of its bread by promoting and funding political candidates and CFF at the same time.
At a time when Ginsburg, a CFF “Team” member, was being called in front of a City Commission for ethics violations, one of Clemens’s campaign beneficiaries, Supervisor Scott Wiener, scolded Ginsburg's critics.
Wiener said, “We see charges of fraud and corruption… I just want to say to anyone who was part of that group who said those kind of things, (critical comments about Ginsburg), … it completely degrades the public process.”
Just days later, Wiener made no such admonition at a Commission meeting when a speaker launched into a homophobic rant in support of a CFF project. (Wiener represents San Francisco’s predominately gay Castro District.)
Wiener along with CFF “Team” members Ginsburg, Hirsch, Hannan and legal representative Emblidge passively sat by and allowed the speaker’s shameful -- but CFF supportive -- homophobic comments to linger without any rebuttal in their follow up comments.
In 2013 Ginsburg was accused of sabotaging a public forum discussion that was to scrutinize a CFF project -- with the assistance of emails and phone calls sent by Hirsch, and lobbyists for CFF. A San Francisco Ethics Task Force charged with protecting the public's interest in open government, found that he had, “abused the First Amendment free speech rights of private citizens.” Buell as well as “Team” member Ginsburg and some other government employees had additionally been found guilty of withholding and destroying public documents regarding CFF.
Reportedly assisting was Recreation and Park Policy and Public Affairs Director Sarah Ballard. Ballard is; a Newsom appointee, a Ginsburg employee, and married to veteran Democratic strategist Nathan Ballard.
Reportedly assisting was Recreation and Park Policy and Public Affairs Director Sarah Ballard. Ballard is; a Newsom appointee, a Ginsburg employee, and married to veteran Democratic strategist Nathan Ballard.
As General Manager of Recreation & Park Department, Ginsburg operated with a bag-of-goodies at his disposal that he could distribute. These included perks such as sky box seats at sporting events and accommodations for Yosemite Park.
The "San Francisco Chronicle" reported in 2013 that City records showed the Recreation and Park Department gave out 106 tickets to a rock concert, about two-thirds of which went to Ginsburg and his staff. Supervisor Eric Mar ended up with four luxury suite tickets valued at $310 each. Coincidentally, Mar appeared shortly afterwards in a CFF promotional video declaring, “I strongly support the [CFF] fields”.
11- SEEING THE WRITING ON THE WALL - Keeping a Low Profile
Where was Gavin Newsom while all this was going on?
Newsom had run for and won the office of Lieutenant Governor of California in 2010 . Newsom was the Democratic Party’s next potential Golden Boy – which may explain some of the starry eyed kowtowing from local politicians, government employees, and City Fields Foundation (CFF) supporters.
Newsom is a successful business man with financial backing from his business partner -- billionaire Gordon Getty. He is also a relative, by marriage, to former House Speaker Nancy Pelosi.
Newsom is a successful business man with financial backing from his business partner -- billionaire Gordon Getty. He is also a relative, by marriage, to former House Speaker Nancy Pelosi.
With California political icon Willie Brown as his mentor, Newsom was being groomed for higher office. Nathan Ballard, former Democratic National Committee communications director in California, described Newsom by saying, “I have no doubt he's going to be a governor, a U.S. senator or even president some day."
Newsom had dropped out of a gubernatorial run in 2009, and had stalled at Lieutenant Governor for the time being. He had a personal history that included some scandal so he was advisably laying low, focusing on getting plenty of photo ops -- (including a talk show), cutting ribbons, and staying out of trouble until his time came.
Newsom had dropped out of a gubernatorial run in 2009, and had stalled at Lieutenant Governor for the time being. He had a personal history that included some scandal so he was advisably laying low, focusing on getting plenty of photo ops -- (including a talk show), cutting ribbons, and staying out of trouble until his time came.
The Fisher brothers were also keeping a low profile as far as CFF was concerned. They were periodically seen taking turns showing up at CFF openings, and on at least one occasion Bob Fisher made a wordless appearance at a Recreation & Park Commission hearing on a CFF project only to quietly slip away after he was visually acknowledged by the voting Commissioners.
The Fishers are no stranger to controversy when it comes to conflicts between their investment interests and the public’s interests. In 2000 they bought up a section of a Giant Redwood forest in Northern California to harvest for profit, (the eradication of acres of San Francisco grass parks may have seemed inconsequential by comparison). In 2002 their clothing businesses were involved in sweatshop allegations. And; they may have still been stinging from having their plans to construct a museum on prime real estate in San Francisco's Presidio rebuffed after public objection.
As part of the original agreement that CFF had made with the City -- The Fishers and CFF were allowed to erect multiple plaques to themselves, with their names, at the site of each finished field.
Despite their continued urging for the use of styrene butadiene synthetic turf-- after 2008 the Fishers and CFF stopped posting the signage -- coincidentally -- when the synthetic turf’s cancer risks were becoming general public knowledge.
Moratoriums on the installation of styrene butadiene (SBR) synthetic turf had been introduced in New York, Chicago, and Los Angeles.
Nearby Bay Area municipalities like Piedmont and San Carlos decided against using SBR for public health and environmental reasons.
12- WHEN IS A GIFT NOT A GIFT? - Environmental Impact Report
The Pisces, Inc. / City Fields Foundation (CFF) investments had always been promoted to the public as being altruistically philanthropic - "gifts to the City" - even though the tens of millions of dollars in payments were largely being pocketed by CFF’s handpicked business associates -- contracted to construct the projects.
Hirsch had claimed, “The City Fields Foundation will not force the changes on anyone". Yet, CFF was finding that more and more dollars were needed to sell the idea of SBR synthetic fields to the public - for things such as lobbyists, promotional materials, and other campaigning costs.
Hirsch had claimed, “The City Fields Foundation will not force the changes on anyone". Yet, CFF was finding that more and more dollars were needed to sell the idea of SBR synthetic fields to the public - for things such as lobbyists, promotional materials, and other campaigning costs.
The City of San Francisco also needed to protect its image. Hundreds of hours of City employee and Recreation and Park Department staff time had been spent promoting the CFF position that the styrene butadiene (SBR) installations were safe and cost effective for City taxpayers.
The City is also required to match the millions of CFF dollars in the SBR projects. The fields would need to be replaced in eight to ten years. Ginsburg's staff readily admitted that his Department had no money in its budget to replace the turf when it wore out. Currently, at least two older City synthetic turf fields are rock hard and in dire need of replacement.
The City is also required to match the millions of CFF dollars in the SBR projects. The fields would need to be replaced in eight to ten years. Ginsburg's staff readily admitted that his Department had no money in its budget to replace the turf when it wore out. Currently, at least two older City synthetic turf fields are rock hard and in dire need of replacement.
By 2010 CFF had introduced thousands of tons of SBR particulates into public parks around the City. For years CFF was given special environmental exemptions by the Planning Department -- including exemptions from the requirements of the California Environmental Quality Act (CEQA).
Finally, after years of public outcry, the Recreation & Park Department and the City Fields Foundation agreed that they would create an Environmental Impact Report (EIR) for just one of their proposed SBR projects to submit to the Planning Department.
“This product, [SBR synthetic turf], will have practically no environmental impact.”, Hirsch assured the Planning Commission.
In 2011 Ginsburg solicited bids to prepare for the EIR cryptically describing it as a “controversial” project. He ultimately awarded Environmental Science Associates nearly half a million dollars to write a couple of reviews of the issues associated with SBR synthetic turf which Ginsburg's staff would ultimately sign off as significant or not.
CFF “Team” members Mauer and Hannan were designated to act as consultants for the report. Hirsch defended CFFs participation in the report stating that, “We were providing the community with the assurance that this project was good for the park and safe for the environment.”
CFF “Team” members Mauer and Hannan were designated to act as consultants for the report. Hirsch defended CFFs participation in the report stating that, “We were providing the community with the assurance that this project was good for the park and safe for the environment.”
The stated purpose of the EIR was to "provide information about potential significant physical environmental effects of the proposed project".
The report ended up providing no significantly new toxicological research. The public submitted hundreds of pages of comments on the report -- filling in a multitude of data gaps in areas such as cancer findings and ultra fine particle research, as well as other toxicity findings. Almost none of these as well as many other significant corrections were included in the final report -- or ultimately considered by San Francisco policy makers.
The authors declared a finding of NO POTENTIAL for a significant impact. The lead author and Environmental Review Officer who signed off on the report never publicly presented the report to any of the review hearings and retired in 2013.
The report ended up providing no significantly new toxicological research. The public submitted hundreds of pages of comments on the report -- filling in a multitude of data gaps in areas such as cancer findings and ultra fine particle research, as well as other toxicity findings. Almost none of these as well as many other significant corrections were included in the final report -- or ultimately considered by San Francisco policy makers.
The authors declared a finding of NO POTENTIAL for a significant impact. The lead author and Environmental Review Officer who signed off on the report never publicly presented the report to any of the review hearings and retired in 2013.
13- COLLATERAL DAMAGE - Exploiting Children
"Team" member Emblidege declared that, “The city did one of the most thorough environmental impact reports it's every done”. Ginsburg would go on to repeatedly depict it as “Perhaps the most vetted project in the history of the city.” But the CFF “Team” still had more tricks up its sleeves including teaching children "bully ball".
The resulting Environmental Impact Report (EIR) was required to undergo the technical scrutiny of public comment at various Commissions. In what was perhaps one of their most cynical tactics -- the City Fields Foundation’s (CFF) strategy became to tie-up the deliberations by exploiting children.
The resulting Environmental Impact Report (EIR) was required to undergo the technical scrutiny of public comment at various Commissions. In what was perhaps one of their most cynical tactics -- the City Fields Foundation’s (CFF) strategy became to tie-up the deliberations by exploiting children.
One Commissioner acknowledged, "I do think that children can be easily influenced to stand in front of us and speak to the benefit of using it as a playing surface. However, there is no information given to them, nor do I expect them to understand some of the down sides."
The children recruited to speak at the hearings were for the most part too young to have read the report, much less understand it. However, they could mumble and enthusiastically recite coached comments for hours.
This technique required marathon hearings. It also commandeered the comment times of knowledgeable medical professionals and other speakers. Ultimately the resulting hours of waiting discouraged many expert speakers from even attending the hearings.
The children recruited to speak at the hearings were for the most part too young to have read the report, much less understand it. However, they could mumble and enthusiastically recite coached comments for hours.
This technique required marathon hearings. It also commandeered the comment times of knowledgeable medical professionals and other speakers. Ultimately the resulting hours of waiting discouraged many expert speakers from even attending the hearings.
A 2011 Commission hearing specifically directed that comments be limited to the topic. “We’ve had a lot of testimony about the project and kids and all that stuff and that has nothing to do with the environmental impact report”, the Commission President stated and then added, “If people could focus their comments on the Report as we stated earlier in the hearing we would all appreciate it.” This request was largely ignored.
Following the success of this strategy, Mark Buell, the president of the Recreation & Park Commission, administered an unusual arrangement. He combined the Commission’s hearing that would vote on the project with the distinctly different Planning Commission’s hearing, which was also scheduled to vote on the project. Ironically, just months earlier, Buell had noted that, “The idea of comparing those votes is not fair”.
CFF sent out pre-press releases, including one entitled “Hundreds of Kids Descending on City Hall”. The resulting disruption was extensive enough that the court had to call in the Sheriff’s Department. CFF had arranged for leagues of children’s teams to overrun the hearings.
The meeting took nearly 12 hours.
14- PILING UP COLLATERAL DAMAGE - Intimidating Dissent
Two months later the City Fields Foundation (CFF) did it again at the Board of Supervisors meeting by promising free pizza and transportation to any kids and their parents who would show up to attend the hearing on whether the Board should accept the Environmental Impact Report (EIR) as submitted. Athletic leagues organized rallies in and around the City Hall and demonstrations of soccer playing were set up.
The front lawn of City Hall was turned into a temporary soccer field, with goals set up and players kicking balls. Supervisor Eric Mar was seen playing with the children and posing for pictures before the hearing. The front steps of City Hall were covered with soccer leagues posing for group photos.
The hearing room was so crammed with children in soccer uniforms and their coaches that speakers were not allowed in. CFF “Team” member Hirsch had arranged for the general public to be shooed away from the front rows of the chambers -- that would show on TV -- so that they could be filled with children in uniforms and CFF sycophants. Hirsch was seen grinning from ear to ear.
Days before the Board of Supervisors' meeting two adult CFF supporters assaulted and physically beat a public health care advocate.
As it turned out, CFF had recently targeted the victim on its web site. The advocate had submitted an EIR appeal that CFF believed to be critical of the Foundation. The attackers belonged to an organization with close ties to CFF.
CFF had first posted that one of their projects was being delayed by a single Neighborhood Association -- then shortly thereafter, changed the posting to, “being delayed by a single person” -- whose name was listed in the appeal.
The two carrying fled the scene carrying pipes that they had brought -- leaving the advocate bleeding from the head with a concussion.
As it turned out, CFF had recently targeted the victim on its web site. The advocate had submitted an EIR appeal that CFF believed to be critical of the Foundation. The attackers belonged to an organization with close ties to CFF.
CFF had first posted that one of their projects was being delayed by a single Neighborhood Association -- then shortly thereafter, changed the posting to, “being delayed by a single person” -- whose name was listed in the appeal.
The two carrying fled the scene carrying pipes that they had brought -- leaving the advocate bleeding from the head with a concussion.
It was discovered that one of the assailants was a San Francisco high school soccer coach and the other was a building contractor. Both were head of coaching and player development for one of the largest local youth soccer leagues in San Francisco, whose organization interacted with many more children’s soccer leagues.
After the assault and subsequent vandalism -- the advocate reached out and made face to face pleas to Buell, Ginsburg, CFF, the Recreation & Park Commission, and the Board of Supervisors to intervene and address the animosity that CFF was stirring up in their followers. Not a single official responded. The attackers continued their association with San Francisco youth leagues and the harrasment continued.
After the assault and subsequent vandalism -- the advocate reached out and made face to face pleas to Buell, Ginsburg, CFF, the Recreation & Park Commission, and the Board of Supervisors to intervene and address the animosity that CFF was stirring up in their followers. Not a single official responded. The attackers continued their association with San Francisco youth leagues and the harrasment continued.
Opportunistically for CFF; with the public’s attention focused on the EIR, an effective distraction was created that took attention away from another multimillion dollar CFF styrene butadiene (SBR) project that was in the works. While the EIR report was being written and vetted for one field, construction deals for another CFF project in the Ocean View neighborhood were being signed.
The $7 million dollar Ocean View project was similar in scope, yet its impacts would be even more profoundly felt. This project is adjacent to an elementary school and within a densely populated neighborhood.
This was a neighborhood park that Ginsburg was on record as admitting to having neglected. With the assistance of Supervisor Avalos, the CFF Team had been allowed to present their sales pitch to the neighborhood leaders -- without any evidence to counter the scientific or medical claims made by CFF.
This was a neighborhood park that Ginsburg was on record as admitting to having neglected. With the assistance of Supervisor Avalos, the CFF Team had been allowed to present their sales pitch to the neighborhood leaders -- without any evidence to counter the scientific or medical claims made by CFF.
15- BURYING HEADS IN THE SAND
- HEAR NO EVIL, SEE NO EVIL - Government Apathy
- HEAR NO EVIL, SEE NO EVIL - Government Apathy
The Board of Supervisors’ meeting, held to decide whether to approve the EIR, lasted over 9 hours and had virtually no substantive discussion about the health risks -- but a lot of fawning over the children.
Supervisor David Campos did note though, “I do think with something like public health, or issues of that nature are raised, that it’s helpful to have the Department of Public Health be here and actually provide some testimony on that. So I’m surprised they are not here”, (although this didn’t stop Campos from voting to approve the report).
Supervisor David Campos did note though, “I do think with something like public health, or issues of that nature are raised, that it’s helpful to have the Department of Public Health be here and actually provide some testimony on that. So I’m surprised they are not here”, (although this didn’t stop Campos from voting to approve the report).
The representative for the Recreation & Park Department admitted to Board of Supervisors' President David Chiu that she not only hadn’t brought anybody from the Health Department with her, but that she wasn’t qualified to answer health questions herself saying, “This is uh, I’d have to say not my area of expertise”. She nevertheless unequivocally proclaimed, “There isn’t evidence that there is an elevated health risk with the fields.” No Supervisor challenged this claim.
The Supervisors did not pursue the shortcomings in the reports’ analysis of toxicity any further and without any meaningful discussion about the cancer risks associated with styrene butadiene (SBR) public health issues, the Board voted to accept the EIR.
“This is for the kids”, Ginsburg insisted, “Honestly, this is not bulls***".
Because this City Fields Foundation (CFF) project was located within California’s Pacific Ocean Coastal zone, the EIR was required to be approved by the California Coastal Commission. Coastal Commission Staff recommended that the Commission reject the SBR synthetic turf -- but in an unusual move, the Commission unanimously voted to let the project go ahead, completely rejecting the report by their own staff.
One Commissioner made a motion to reject the SBR project as per the staff recommendations, but eventually left the meeting and did not return to cast his vote.
One Commissioner made a motion to reject the SBR project as per the staff recommendations, but eventually left the meeting and did not return to cast his vote.
The various Commissions became a redundant blur of "Commissioner-speak". Other inexplicable gestures had been made by other Commissioners throughout the process.
One Commissioner said she was “conflicted with this project.” She added, “There is so much that we do not know about the potentially injurious nature of the fields”. Nonetheless, she voted for the SBR project.
“This was a very hard one for me,” another Commissioner said, raising doubts that “seven acres of plastic would be a natural and healthful condition.” One Commissioner worried, "but the rubber particles that are found in the environment are more and more found in the food chain of wildlife. And that is of great concern". They both voted to approve the SBR project.
One Commissioner said she was “conflicted with this project.” She added, “There is so much that we do not know about the potentially injurious nature of the fields”. Nonetheless, she voted for the SBR project.
“This was a very hard one for me,” another Commissioner said, raising doubts that “seven acres of plastic would be a natural and healthful condition.” One Commissioner worried, "but the rubber particles that are found in the environment are more and more found in the food chain of wildlife. And that is of great concern". They both voted to approve the SBR project.
A single Commissioner on the Planning Commission voted against the SBR project -- expressing concern about "the long-term exposure to this material, [the effects of SBR on children], the effects of which we do not know yet”. (Curiously, months later when a virtually identical CFF project with SBR came up for a vote, the same Commissioner, without explanation, altered her position to vote to be in favor of the CFF project).
Most Commissioners were more blunt, saying for instance how they personally liked synthetic turf more than grass, “it stays green”, one said. One California Coastal Commissioner noted that she intended to replace the lawn at her Southern California home with synthetic turf, and called recommendation against SBR synthetic turf made by the Coastal Commission's staff “arrogant”.
Most Commissioners were more blunt, saying for instance how they personally liked synthetic turf more than grass, “it stays green”, one said. One California Coastal Commissioner noted that she intended to replace the lawn at her Southern California home with synthetic turf, and called recommendation against SBR synthetic turf made by the Coastal Commission's staff “arrogant”.
Meanwhile, as hearings continued to distract the public’s attention, CFF was breaking ground on the other multimillion dollar CFF SBR synthetic turf project in the Ocean View neighborhood, and construction began.
16- STANDING UP TO BULLIES - Citizens Respond
While CFF “Team” members continued to collect hefty paychecks, selling the styrene butadiene (SBR) fields to the City -- concerned members of the public were reaching into their own pockets to warn the public.
In October 2012, the City Fields Foundation (CFF) projects' Environmental Impact Report (EIR) was challenged in California State Superior Court in a lawsuit claiming that the City of San Francisco had violated the California Environmental Quality Act. The challenge was made by two concerned citizens and the Sierra Club’s San Francisco Bay Chapter.
Jim Emery of the Office of the City Attorney of San Francisco defended the case for Ginsburg and the City of San Francisco. (Coincidentally, the City Attorney’s Office was listed as one of the authors of the very report being challenged).
In October 2012, the City Fields Foundation (CFF) projects' Environmental Impact Report (EIR) was challenged in California State Superior Court in a lawsuit claiming that the City of San Francisco had violated the California Environmental Quality Act. The challenge was made by two concerned citizens and the Sierra Club’s San Francisco Bay Chapter.
Jim Emery of the Office of the City Attorney of San Francisco defended the case for Ginsburg and the City of San Francisco. (Coincidentally, the City Attorney’s Office was listed as one of the authors of the very report being challenged).
Nowhere in his motion was the goal expressed by the City Fields Foundation of ensuring safe or healthy environments for children. Instead Emblidge expressed concern that, “success or failure will directly impact City Field’s ability to fund-raise, lobby, and obtain government and public support for future field renovation projects.” CFF was allowed to buy their way into the suit as an intervenor for only $450.
It was reported during the hearing that the attorney for the City of San Francisco had said that the plaintiffs needed to be taught a lesson. Emery had referred to the case as an “abuse by petitioners”. The City of San Francisco requested an extravagant figure of approximately $40,000 from the plaintiffs to recoup their claimed costs. Staff referred to this figures as “punitive”. CFF requested $500 to recoup their “buy-in” filing fee.
The plaintiff’s attorneys appealed the Superior Court decision, insisting that the SBR used in the project exceeded the safety thresholds for toxic chemicals. They noted that the Commissions “were not given the choice of non-toxic alternatives”. Emblidge cynically dismissed the appeal claiming that the “plaintiffs are seeking to undermine” the CFF project.
Meanwhile, as the EIR was being appealed -- the CFF “Team” was proceeding with two multimillion dollar styrene butadiene (SBR) installations, including the Golden Gate Park Beach Chalet project -- the one being appealed in the California State Superior Court.
OMINOUS NEWS - The Synthetic Turf...Cancer Connection 17 -
While San Francisco was digging itself deeper and playing politics with their children's health -- Mother Nature would start being heard -- with a vengeance.
As early as 2007, former CDC toxicologist David Brown of Environment and Human Health, Inc. had predicted, “it would take 10 years before cancer cases associated with styrene butadiene (SBR) artificial turf fields would start popping up”.
Within seven years a notable pattern of cancer cases was already emerging. In 2008, KOMO in Seattle reported on a case of a star soccer player diagnosed with cancer -- speculating on a synthetic turf connection.
In 2014, NBC Nightly News broadcast multiple stories revealing a significant cancer cluster (including deaths) associated with synthetic turf. The Today Show did the same. US Representative Frank Pallone of NJ was spurred to ask for further governmental study .
In 2014, NBC Nightly News broadcast multiple stories revealing a significant cancer cluster (including deaths) associated with synthetic turf. The Today Show did the same. US Representative Frank Pallone of NJ was spurred to ask for further governmental study .
The SBR cancer connection was now a hot groundbreaking story. Cities across the country immediately ran their own follow ups. TV stations in Boston, Philadelphia, Houston, Chicago, and more did broadcasts on it. Internet websites from Huffington Post to SoccerWire.com covered it. Forbes Magazine, the Washington Post, the New York Times, the New York Daily News, USA Today, and others published investigative follow-ups.
The story was quickly picked up in every major market except one -- SAN FRANCISCO. San Francisco -- one of the five largest media markets in the country and considered a leader in the environmental movement and children's health -- was the only major city who apparently managed to not find this breaking story newsworthy. While filling their advertising with the Fisher family owned Gap and Old Navy ads -- no major San Francisco television or print news outlet ran a follow-up story on the synthetic turf cancer concerns.
The story was quickly picked up in every major market except one -- SAN FRANCISCO. San Francisco -- one of the five largest media markets in the country and considered a leader in the environmental movement and children's health -- was the only major city who apparently managed to not find this breaking story newsworthy. While filling their advertising with the Fisher family owned Gap and Old Navy ads -- no major San Francisco television or print news outlet ran a follow-up story on the synthetic turf cancer concerns.
Since at least 2007, the San Francisco media had received reams of reports on the toxicity of the styrene butadiene synthetic turf from medical professionals and environmental resources. Yet -- they and San Francisco Political pundits held their tongues about the national cancer revelations -- even in the midst of two active San Francisco legal court cases involving SBR toxicity / the City / and City Fields Foundation -- and even though San Francisco had over 12,000,000 lbs of SBR crumb dust blowing about children's play fields.
In September 2014 the New York Times and NBC News had included stories about San Francisco’s November ballots and the City Fields Foundation (CFF) synthetic turf projects in its coverage.
Parents and neighbors living adjacent to these SBR fields were being left to fend for themselves.
Already lawyers were getting in line to file class action lawsuits -- and health insurance companies were beginning to promote synthetic turf risk policies.
18 - GAMING THE SYSTEM - Crushing Dis
se nt with a Poison Pill As reports regarding synthetic turf health risks flooded in -- instead of hitting the pause button -- the City Fields Foundation "Team" (CFF) and their political supporters instigated their most aggressive deceptions to date.
Chemicals in the styrene butadiene (SBR) synthetic turf had been found by the State of California to be "known to cause cancer". Presently, San Francisco has introduced well over twelve million pounds, (6390 tons), of petroleum derived carbon black ultra-fine particles into the City environment and public spaces by its use of SBR synthetic turf alone -- this does not include any of the hundreds of other additional chemicals which make up SBR.
Chemicals in the styrene butadiene (SBR) synthetic turf had been found by the State of California to be "known to cause cancer". Presently, San Francisco has introduced well over twelve million pounds, (6390 tons), of petroleum derived carbon black ultra-fine particles into the City environment and public spaces by its use of SBR synthetic turf alone -- this does not include any of the hundreds of other additional chemicals which make up SBR.
san_francisco_carbon_black_exposure_from_sbr_athletic_fields_2014 |
In the spring of 2014, a coalition of citizens started collecting signatures to put on the November ballot an initiative [Prop H] that would require the City to renovate seven acres in the western part of Golden Gate Park with grass, (not SBR artificial turf).
The validity of San Francisco's reporting of the SBR synthetic turfs' toxic health impacts, (including cancer risks), was still being adjudicated in the State Superior Courts of California by Appeal. (chapter 16). The City attorney had applied for and gotten an extension which postponed the hearing until after the November ballot vote.
The validity of San Francisco's reporting of the SBR synthetic turfs' toxic health impacts, (including cancer risks), was still being adjudicated in the State Superior Courts of California by Appeal. (chapter 16). The City attorney had applied for and gotten an extension which postponed the hearing until after the November ballot vote.
In June, -- at the virtual last minute -- a preemptive strike [Prop I] to the citizen initiative was announced by San Francisco Mayor, Ed Lee, (Gavin Newsom's successor), as he surrounded himself with children in soccer uniforms.
The "SF Examiner" reported, "as opponents [of one of the SBR installations], are gathering signatures to place a measure on the November ballot that would block the artificial turf project, Lee has announced his intention to place a measure on the November ballot today that does the exact opposite".
The "SF Examiner" reported, "as opponents [of one of the SBR installations], are gathering signatures to place a measure on the November ballot that would block the artificial turf project, Lee has announced his intention to place a measure on the November ballot today that does the exact opposite".
In reality, the counter ballot measure [Prop I] was submitted by one of Phil Ginsburg's staff from the Recreation & Park Department -- CFF "Team" member Hannan is listed as its main contact. It was signed off by Supervisors Chiu, Wiener, Mar, Tang, and Farrell. One of the primary functions of the measure is to prevent public's right to challenge an EIR, (environmental impact report), in court if it is approved by the Board of Supervisors -- exactly like the EIR currently being challenged in the Superior Courts of California..
Judge Quentin Kopp described the CFF and politicians's last minute submission as, "a deceptive and detestable technique by City Hall."
Judge Quentin Kopp described the CFF and politicians's last minute submission as, "a deceptive and detestable technique by City Hall."
The cleverly written measure -- what the San Francisco Chronicle described as "a poison pill" - was in part designed to wipe out the citizens' initiative.
CFF had wrapped their SBR synthetic turf projects inside two other, (vague), vote enticing issues -- they titled their initiative, “Children’s Playgrounds, Walking Trails, and Athletic Fields”. The authors buried in their Prop I ballot measure wording that would trump and kill the citizen initiative [Prop H] if their ballot measure [Prop I] garnered more voter responses overall -- even if the other initiative passed.
CFF had wrapped their SBR synthetic turf projects inside two other, (vague), vote enticing issues -- they titled their initiative, “Children’s Playgrounds, Walking Trails, and Athletic Fields”. The authors buried in their Prop I ballot measure wording that would trump and kill the citizen initiative [Prop H] if their ballot measure [Prop I] garnered more voter responses overall -- even if the other initiative passed.
Proposition I - the CFF sponsored ballot measure states;
"This Initiative will be deemed to conflict with any other measure appearing on the same ballot relating to the same subject matter, including any measure relating to installing artificial turf or nighttime lighting on City athletic fields. In the event that this initiative and any other such measure(s) are approved by the voters at the same election, and this Initiative receives a greater number of votes than any other such measure(s), this initiative shall control in its entirety and the other measure(s) shall be rendered void and without legal effect.”
In other words, their separate -- broad scoping -- initiative would most likely nullify the citizen initiative.
By putting their wrecking initiative on the same ballot for a popular vote, CFF, Ginsburg, and their political allies were also positioning themselves to shirk their responsibility and liability for their project's potential toxic consequences -- before the Superior Court of California could adjudicate SBR’s health and environmental risks.
"This Initiative will be deemed to conflict with any other measure appearing on the same ballot relating to the same subject matter, including any measure relating to installing artificial turf or nighttime lighting on City athletic fields. In the event that this initiative and any other such measure(s) are approved by the voters at the same election, and this Initiative receives a greater number of votes than any other such measure(s), this initiative shall control in its entirety and the other measure(s) shall be rendered void and without legal effect.”
In other words, their separate -- broad scoping -- initiative would most likely nullify the citizen initiative.
By putting their wrecking initiative on the same ballot for a popular vote, CFF, Ginsburg, and their political allies were also positioning themselves to shirk their responsibility and liability for their project's potential toxic consequences -- before the Superior Court of California could adjudicate SBR’s health and environmental risks.
19 – WHEN IS A GIFT NOT REALLY A GIFT? – Buying an Election
In 2014 according to the San Francisco Chronicle, "The Fisher brothers were major donors to the campaign in favor of Prop. I" - the poison pill. In fact -- according to the City and County of San Francisco November 2014 election’s Voter Information Pamphlet -- the Fisher brothers funded multiple paid arguments attached to both of the voter ballots. (listed below...) | ~~ In 2012 the Huffington Post accused the Fishers of illegal "dark money" funding in California elections. The Los Angeles Times described the 2012 Fisher funding revelation as a “glimpse into the shadowy world of politically active nonprofits". ~~ |
Paid Arguments AGAINST Proposition H (the citizen’s initiative);
“San Francisco Democratic Party Opposes Prop H”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
in the name of "Assessor Carmen Chu, Supervisors David Chiu, Eric Mar, Katy Tang"
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
Paid Arguments IN FAVOR of Proposition I (the poison pill initiative):
“Prop I is Good For Families”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“City Parks Deserve Our Help”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Vote Yes on Prop I – City Parks Deserve Our Care”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“The San Francisco Democratic Party Supports Proposition I”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Join San Francisco Labor Unions in Supporting Prop I”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“I Will Keep SF Kids Healthy and Smart”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Prop I Will Keep Seniors Healthy”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Prop I = 1,000 More Kids Playing Sports in San Francisco”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
"Vote Yes on I for More Walking Trails"
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Let’s Get 1,000 New Kids Playing!”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Yes on I – Fix City Playgrounds”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“San Francisco Democratic Party Opposes Prop H”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
in the name of "Assessor Carmen Chu, Supervisors David Chiu, Eric Mar, Katy Tang"
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
Paid Arguments IN FAVOR of Proposition I (the poison pill initiative):
“Prop I is Good For Families”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“City Parks Deserve Our Help”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Vote Yes on Prop I – City Parks Deserve Our Care”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“The San Francisco Democratic Party Supports Proposition I”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Join San Francisco Labor Unions in Supporting Prop I”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“I Will Keep SF Kids Healthy and Smart”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Prop I Will Keep Seniors Healthy”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Prop I = 1,000 More Kids Playing Sports in San Francisco”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
"Vote Yes on I for More Walking Trails"
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Let’s Get 1,000 New Kids Playing!”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
“Yes on I – Fix City Playgrounds”
True source funds: 1. Robert Fisher, 2. William Fisher, 3. John Fisher
The Fisher brothers financed multiple 4-page city-wide mail-outs as well as a full page ad in the San Francisco Chronicle that ironically proclaimed their pro-styrene butadiene synthetic turf ballot measure [Prop I], as insuring “safer”, “greener, cleaner parks”.
Video ads were paid for and an airplane was even hired to circle the city during a Giants playoff game hauling a "Yes on I" banner.
Video ads were paid for and an airplane was even hired to circle the city during a Giants playoff game hauling a "Yes on I" banner.
The Foundation listed in support of their poison pill ballot measure a host of Democratic Party organizations and party members; Gavin Newsom, GM-Phil Ginsburg, Mayor Ed Lee -- City Supervisors President David Chiu, London Breed, Malia Cohen, Mark Farrell, Jane Kim, Eric Mar, Katy Tang, Scott Wiener, and Norman Yee.
The sphere of influence of the billionaire brothers and City Fields Foundation was such that family friend -- U.S. Senator Diane Feinstein signed off as the author of the primary argument in favor of their sponsored poison pill initiative in the Voter Information Pamphlet.
The sphere of influence of the billionaire brothers and City Fields Foundation was such that family friend -- U.S. Senator Diane Feinstein signed off as the author of the primary argument in favor of their sponsored poison pill initiative in the Voter Information Pamphlet.
During the same election period, City Supervisor President David Chiu was running to upgrade his position from president of the city Board of Supervisors to a seat in the state Assembly.
San Francisco Magazine reported that members of the Fisher family had contributed over $24,000 toward Chiu's campaign which he ultimately won.
Minutes before the meeting of the San Francisco Democratic Committee vote to determine their ballot endorsements -- Chiu met with CFF director and Fisher family financial adviser Hirsch. Immediately following at the meeting he publicly instructed the Committee members to vote against the citizen initiative [Prop H] and in favor of the CFF sponsored wrecking ballot measure [Prop I].
San Francisco Magazine reported that members of the Fisher family had contributed over $24,000 toward Chiu's campaign which he ultimately won.
Minutes before the meeting of the San Francisco Democratic Committee vote to determine their ballot endorsements -- Chiu met with CFF director and Fisher family financial adviser Hirsch. Immediately following at the meeting he publicly instructed the Committee members to vote against the citizen initiative [Prop H] and in favor of the CFF sponsored wrecking ballot measure [Prop I].
Weeks leading up to the November vote, a children's health care advocate was tipped off by Board staff that Chiu had said that he may block the advocates comments regarding synthetic turf at the Board of Supervisors meetings.
As forewarned, at three attempts in a row when the advocate tried to present to the meeting visuals showing the SBR cancer connection -- under Chiu's oversight -- the advocate's presentation was either not shown or the advocate was interrupted by Chiu as he tried to speak.
As forewarned, at three attempts in a row when the advocate tried to present to the meeting visuals showing the SBR cancer connection -- under Chiu's oversight -- the advocate's presentation was either not shown or the advocate was interrupted by Chiu as he tried to speak.
Ironically, the very same day that the poison pill initiative was introduced, Bob Fisher was collecting an award from the Natural Resources Defense Council for "his leadership in sustainable initiatives and passion for a more environmentally friendly future".
The Chronicle wrote that at the NRDC ceremony Fisher, admitted to lying for the greater good. "Even though my term has expired," he said, with a laugh, "I will always tell people I'm a board member."
Despite the fact that the heavily funded pro-CFF poison pill Initiative was skewed to prevail -- in July the SF Chronicle piled on -- belittling the citizen initiative. In his column, C.W. Nevius -- one of the staunchest supporters of the CFF agenda -- went so far as to stoop to calling CFFs opposition names. Thinly veiled as a column about voter initiatives -- Nevius disparaged the citizens without any mention of the SBR cancer connection, or of the years of controversial political maneuvering by the City Fields Foundation and their lobbyists.
Weeks later, Nevius dedicated another column to support the CFF projects that cited a spokesperson from Phil Ginsburg’s staff as his “fact check” source -- this time concocting bizarre claims and then responding with equally bizarre "facts" -- i.e. "99 percent of New York City playing fields use crumb rubber", (ludicrously exaggerated), and obscuring NYC's moratorium on SBR.
In Nevius' attempt to downplay the toxicity issue, he simply referenced a New York government literature review about which, in fact, the California Office of Health Hazard Assessment had cautioned; “The air above fields was NOT tested for airborne metals. The previously reported finding of lead in dust sampled from some artificial turf fields indicates a potential for lead and other metals to become suspended in the air and possibly inhaled.” -- and -- “Only two outdoor artificial turf fields were evaluated in the New York State (2009) study...chemical concentrations were consistently higher in the New York State (2009) study, ranging from 1.7-fold to 85-fold higher”.
Devoutly, Nevius was at it once again, one week before the City vote with another column-- energetically campaigning for the reputations of the Fisher brothers, Mark Buell, and the Recreation and Parks Department, portraying all as victims -- and completely transcending their cover up of the SBR/cancer concerns.
This reference blog is updated regularly.
To be continued…
click here: for the Complete Article (SCROLL) - The Real Artificial Turf War of San Francisco
click here: MAIN PAGE (CHAPTERS table of contents) The Real Artificial Turf War of San Francisco
To be continued…
click here: for the Complete Article (SCROLL) - The Real Artificial Turf War of San Francisco
click here: MAIN PAGE (CHAPTERS table of contents) The Real Artificial Turf War of San Francisco