Elegy for a Watering Hole

The first place I went out and had a drink in Berkeley after I got here in the mid-’70s was a bar down under the University Avenue overpass called Brennan’s. “Had a drink” is true if a little off the point, because the reason friends took me there, and the reason the place was probably very profitable, was the Irish coffee it served.

Besides the Irish coffee and beer and the rest of the alcohol, it also featured — still does — a cafeteria-style buffet; and the buffet featured turkey and corned beef and mashed potatoes and gravy; you know, stick-to-your-ribs stuff, and cheap. The bar is a 50-foot-long ellipse down by the buffet line, and the rest of the barn-like room is open and filled with plain, low wooden tables and chairs and a couple big-screen TVs. The walls are hung with large photo portraits of a jowly but good-natured-looking middle-aged guy with assorted family members and an assortment of bovines in cattle-show settings; I figure he’s the Brennan who started up the bar.

When I first started to go down to Brennan’s — often enough but never too often — it always seemed to have a crowd. If you happened in at noontime, local workers (Berkeley had an industrial district back then, though one that was already in decline) were loading up on turkey neck lunches and grabbing beers. Early in the evening almost any night you’d find families enjoying the cheap eats. Later, the place would get going; on Friday and Saturday nights it wasn’t unusual to find virtually every seat at every table taken and a crush of bodies waiting for drink orders that four or five bartenders would be hustling to fill. The business seemed to run full bore nearly till closing time, 2 a.m.

Tastes and habits change. Over time, going into Brennan’s after a softball game, maybe, or when Kate and I would go in for an Irish coffee after an evening out, we started to notice the crowds weren’t quite so big. Some nights, just two bartenders were working, even on the weekends. Then just one. And the place would be virtually deserted by midnight; and then, if you got there at midnight, it would be closed. It would take a long time-lapse to capture the process, but the night-time business has evaporated.

It’s about to change in other ways, too: A developer showed up and bought the property upon which Brennan’s plebeian box of a building sits. A big residential and commercial project is planned for the site. As part of the deal, the bar will be relocated to the old Southern Pacific station across the parking lot, a building that last housed a very good Asian fusion restaurant called Xanadu that went belly up several years ago.

I’m not sure where everyone went. Probably to establishments that are about more than getting a drink, draining it, and getting a refill and another refill and another, long into the night, talking about whatever you’re going to talk about as you get less lucid and more eloquent. Berkeley has some nice bistros that serve food in elegant and pricey bites; you order alcohol off a wine menu or choose from a list of microbrews and retro and nouveau cocktails. Everything is well thought out and modern, everything tastes good, and the atmosphere tends toward the genteel; enough so that I think you’d get a funny look from the sharply dressed drinkologist across the zinc bar if you asked for an Irish coffee.

Last night, after a day of little jobs around the house and finally getting the taxes done, Kate asked if I wanted to go out and get an Irish coffee, shorthand for, “Do you want to go down to Brennan’s?” Through one thing and another, we didn’t leave the house until just after 11. We drove over to University, then headed west toward the freeway. When we got to Fourth Street, the Brennan’s corner, I looked over at the place. The lights inside were on, but there was something about the scene that said “closed.”

We parked and went up to what used to look like the main entrance. The doors were locked. But we could see people inside, and we knew that sometimes those doors aren’t used at night. So we walked to a side entrance off the street. Locked again. Then around into the parking lot, and finally, an open door. It was 11:20, and there were about eight people inside, mostly grouped in pairs.

We walked up to the bar, where one of the proprietors, a woman I believe is one of the founders’ grand-daughters, kept her back to us as she studied papers on a clipboard. Then a guy who might have been the bartender, said, “Sorry, folks, we’re closed.” So no Irish coffee for us. We drove around Berkeley a little afterward and decided that there was no place we could think of that would both serve an Irish coffee and fit our notion of comfort. So we wound up stopping at the store, buying the ingredients, and making our own at home.

But: a real, honest-to-goodness bar locked up at forty minutes to midnight?

On one hand, you can hardly blame the proprietors for saying “last call” as they watch eight die-hards nurse their drinks as the clock drags toward midnight. That level of patronage doesn’t even pay the electric bill. On the other, the whole point of Brennan’s for me was a place you could stop by without thinking about the time. That part of the business is dead, and it’s hard to imagine that new quarters, without some fundamental change in the business — Brennan’s bistro? Chez Brennan’s? — will bring it back.

I know: a small loss in the big scheme. The meaning is entirely personal. Still, the place had a good run, and it gave me somewhere to make a proposal one night a long time ago. Long life to the memories.

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‘Beyond Vietnam’ … and Beyond Iraq

Kevin Morrison, an old softball teammate of mine, just put together a four-minute montage of Martin Luther King Jr.’s 1967 “Beyond Vietnam” speech at the Riverside Church in New York. He juxtaposes images of Iraq over King’s words to devastating effect. Kevin also did a Q and A on the historical context of King’s speech, available at a blog called Pop + Politics.

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Byline Alert

First, let it be noted that Thom Brekke has a couple music reviews in the weekly arts section of the University of Oregon Daily Emerald: “A Warm Slice of Indiepop” and “New Crime Mob disc is nothing revolutionary.” All I can say is, be ready to get crunk.

Second, I finally pulled everything together on my “Dylan Hears a Who” reporting. The story, “Tangled up in Seuss,” is up this evening on Salon.com.

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Vonnegut, Glaciers

Kurt Vonnegut, Novelist Who Caught the Imagination of His Age, Is Dead at 84

From “Slaughterhouse-Five“:

Over the years, people I’ve met have often asked me what I’m working on, and I’ve usually replied that the main thing was a book about Dresden.

I said that to Harrison Starr, the movie-maker, one time, and he raised his eyebrows and inquired, “Is it an anti-war book?”

“Yes,” I said. “I guess.”

“You know what I say to people when I hear they’re writing anti-war books?”

“No. What do you say, Harrison Starr?

“I say, ‘Why don’t you write an anti-glacier book instead.’ ”

What he meant, of course, was that there would always be wars, that they were as easy to stop as glaciers. I believe that, too.

And even if wars didn’t keep coming like glaciers, there would still be plain old death.

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Fleched Out

Fleche040707

A random moment from the weekend bike ride (the Fleche Velocio), a stop at Moskowite Corner, a store and bar at the junction of Highway 121 (from Napa) and 128 (from Winters, and running out to the coast near Navarro in Mendocino County; the word “bait” is in big letters so people going to fish at Lake Berryessa can read it as they motor past). The store’s a convenient place to stop, but doesn’t always offer the friendliest reception to cyclists; I’ve been yelled at in the bar for daring to venture onto the local highways. No yelling on Saturday, though. Just a quick break, then back on the road to Calistoga and Healdsburg.

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This Weekend’s Exercise

It’s called a fleche; that’s pronounced “flesh” hereabouts and means “arrow” in French and it’s a kind of long-distance, 24-hour, Easter-weekend bike ride. Traditionally, it’s supposed to be a long (minimum 360 kilometers/225 miles) point-to-point ride (thus the term arrow) involving a small team (ours is five people) with a fixed destination. In our case, the goal is Kezar Stadium in San Francisco; that’s obviously not 360 kilometers away, so we’re doing a long boomerang route: up north and east to near the town of Winters in Yolo County, then north and west into the Napa Valley and the town of Calistoga; then even further north into the northern reaches of Sonoma County to Healdsburg. From there, we’ll wend our way south to Santa Rosa and Petaluma then down to the Golden Gate Bridge and Kezar. The ride is designed to go all through the day and night. We’re supposed to leave Berkeley in an hour and 20 minutes and reach the finish line at 9 a.m. tomorrow, Easter.

One of the extra challenges: today is decidedly on the gloomy, moist side. Not rainy, so far; just moist. So — we won’t be staying dry. I’ll report back on how wet it gets.

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Chow Plant

Hygenic040107

The building is on Murray Street in southwesternmost Berkeley. The faded lettering is visible from Ashby Avenue, one of the three or four most heavily traveled streets in town. I see via Flickr that other local curiosity-seeking shutterbugs have taken notice of this place; it looks like it’s an artist’s space now now. Unresolved, at least for me, is whether the Hygenic Dog Food Co. ever existed. The signs–this one in the front, another on the east side of the building–look a little too deliberately workmanlike and picturesque not to be someone’s project. The building with the barred windows looks like a candidate for someone’s indie film prison facade, too. The Infospigot Bureau of Investigation will get right on this one.

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Good Friday to You, Too

There was once a lad growing up in a godless university city much like the one in which I reside. His parents denied him the spiritual benefits of Bible tales, Original Sin coloring books, scary Satan stories, and other fundamental instruction in the local religion. Nonetheless, he picked up on one of the religion’s major symbols: the cross.

He wanted a cross himself, so his mom helped him build one. It was made of some left over pieces of cabinet molding. When it was done, He carried it over his shoulder up and down the block. Eventually, one of the neighbors said, “Hey, that’s a nice cross you’ve got there.”

“Thank you,” the boy said. “Now all I need is a little guy to hang on it.”

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Low Art, High Principle

I’m doing some reporting and research for a story on a website that ran afoul of a big copyright holder and federal copyright law. The crux of the tale is fair use: when is it legally defensible for an artist or commentator, say, to use the copyrighted work of another to create a new and distinct work. Specifically, the story I’m working on involves parody.

As it happens, the U.S. Supreme Court has spoken on this issue. To jog your (and my) memory, the case, Campbell v. Acuff-Rose Music, involved the rap group 2 Live Crew, which had borrowed elements of Roy Orbison’s “Pretty Woman” as part of a vulgar, mocking remake. The original song’s publisher sued, claiming copyright infringement. A federal district court bought the argument put forward by 2 Live Crew’s Luther R. Campbell (aka Luke Skyywalker), the remake’s author, that his work was a parody that deserved protection under the fair use exception to U.S. copyright law. An appeals court reversed the district court, and the case went to the Supremes.

Just for context, here’s a sample of the lyrics (quoting them here, as part of a commentary, is also an exercise of fair use, or so I’d argue if Campbell, aka Skyywalker, sued me; there’s a nice side-by-side comparison of the Orbison original and the Campbell parody here–unaccompanied by any copyright notices whatsoever):

Verse 1

[Pretty woman] Ha haaa, walkin’ down the street

[Pretty woman] Gir, girl, you look so sweet

[Pretty woman] You, you bring me down to the knees

[Pretty woman] You make me wanna beg please

[O-o-o-o-oh, pretty woman] …

Verse 4

[Two-timin’ woman] Girl, you know you ain’t right

[Two-timin’ woman] You was out with my boy last night

[Two-timin’ woman] That takes a load off my mind

[Two-timin’ woman] Now I know the baby ain’t mine

[O-o-o-o-oh, two-timin’ woman]

O-o-o-o-oh, pretty woman!

The court heard the case in November 1993 and delivered its opinion the following March. In a unanimous decision–that’s right: Antonin Scalia, Clarence Thomas, Ruth Ginsberg, David Souter, Anthony Kennedy, Wiilliam Rehnquist, Sandra Day O’Connor, John Paul Stevens, and Harry Blackmun, conservatives, liberals, middle-of-the-roaders all on the same side–the court found that 2 Live Crew’s work was protected under the fair use doctrine.

I was talking to my friend Pete about this yesterday, and I said that this is the kind of thing that makes me believe we live in a great country. This wasn’t a case of high art. In Souter’s opinion for the court, he drily notes that having found the Campbell’s song to qualify as a parody of the original, the justices will not take the further step of evaluating its quality.”

But it was a case of high principle, and as such, it was accorded the most serious consideration by the most august tribunal in the land.

“While we might not assign a high rank to the parodic element here, we think it fair to say that 2 Live Crew’s song reasonably could be perceived as commenting on the original or criticizing it, to some degree. 2 Live Crew juxtaposes the romantic musings of a man whose fantasy comes true, with degrading taunts, a bawdy demand for sex, and a sigh of relief from paternal responsibility. The later words can be taken as a comment on the naivete of the original of an earlier day, as a rejection of its sentiment that ignores the ugliness of street life and the debasement that it signifies. It is this joinder of reference and ridicule that marks off the author’s choice of parody from the other types of comment and criticism that traditionally have had aclaim to fair use protection as transformative works.”

The rest of the opinion is an evaluation of 2 Live Crew’s work against the four factors that must be weighed in determining fair use: the purpose of the work, whether it is commercial or not-for-profit and whether it has “transformative” value in commenting on or criticizing the original; the nature of the original work and whether it deserves copyright protection; the “amount and substantiality” of any copying and whether it appropriates the heart of the original work; and the likelihood that the new work may kill the market for the original work or foreclose new ones.

It’s an absorbing exercise. Go and read it. It’s well worth the time. And I guarantee it’s the only Supreme Court decision in which you’ll find the words, “Big hairy woman/all that hair it ain’t legit/Cause you look like `Cousin It’.”

Personal Day

The proprietor will be back tomorrow, one way or the other.

In the meantime, contemplate:

Moths in Berkeley. Along with the usual bats in the belfry.

Global warming could speed up Earth’s rotation. By .12 milliseconds in the next two centuries. We’ll have that much less time every day for “Seinfeld” reruns.

Born on this date: Dabbs Greer, actor. “He played the first person saved by Superman in the very first episode. …”

Also: Emile Zola, writer: “If I cannot overwhelm with my quality, I will overwhelm with my quantity.”