||| FROM STEVE DIEPENBROCK for ORCAS ISLAND FARMERS MARKET |||
As the current President of the Orcas Island Farmers Market I would like to take this opportunity to respond to Carol Ann Anderson’s letter from July 23.
In that Letter to the Editor Carol Ann expressed her frustration with her experience last Saturday at the Market and in the end my directive that she remove her EWUA Board Recall campaign materials and signage. Carol stated that she believed that her booth met the Market’s criteria that Non Profit vendors booths be information sharing/educational and that
her right to Free Speech was denied.
I understand her frustration with my decision. I also hear that she felt like I was influenced by her fellow EWUA board members who are the subject of her Recall campaign. Maybe so, but truly my primary concern and explicit intention was to honor the spirit of the Market as developed over the years and guided by our Mission Statement and Rules and Regulations.
The mission of the Orcas Island Farmers Market is to provide a safe and harmonious environment where individuals, businesses, independent organizations, and other appropriate vendors can offer goods, and services to the public. Over the years much thought has been devoted to the vendor criteria and review. In the case of Non Profit and Other organizations our language is indeed very brief and general. It simply states that these vendors need to be information sharing / educational. Historically, we have typically selected against local political candidates, and against local political causes. We do not want to sponsor such within what we consider and nurture as a neutral ground where we celebrate the creative expressions of ourOrcas community.
We have encouraged political candidates, and those with political causes to feel free to circulate within the Market, discuss their issues, collect signatures etc. We have asked that this be done in a manner which is respectful of the tone of the Market environment.
In the case of this past Saturday, we missed what the focus was of Carol Ann’s recall booth during the application review process. The political focus of this booth request slipped between the cracks. Our Market Manager intervened early, tactfully, and gracefully, seeking to hold a place for both view points and hosting the neutral ground. I, on the other hand, felt like the situation was not harmonious and not an appropriate fit for the Market. I then spoke with Carol Ann, stated my viewpoint and thought we had an understanding. Clearly that was not the case and I apologize for the misunderstandings which ensued.
Moving forward, the Farmers Market Board will develop more clear language regarding our non-profit vendor criteria. It is on our Fall agenda when we will have time to devote to this effort. I hope everyone can learn from this and move forward without harboring ill feelings and with lessons learned all the way around!
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Thank you, Steve, for your decision and the action you took. This is a farmers market and such political controversy should have no place there.
Hi Orcas folks – politics is a part of a healthy democratic society. I’m puzzled by this phrase from the Orcas farmers Market, “Historically, we have typically selected against local political candidates, and against local political causes. We do not want to sponsor such within what we consider and nurture as a neutral ground where we celebrate the creative expressions of our Orcas community.”
I wonder about this national trend of not allowing folks to engage in politics in open public spaces and therefore not being held accountable by the greater community for actions and speech. Practicing and exercising our rights openly in public spaces might be awkward and angst ridden for a while, but we can get better at practicing civic discourse. Just imagine how the world would look if we all got real good at discussing divisive issues. What about considering civic discourse an integrated part of the ” the creative expressions of our Orcas community.” Just some thoughts from a Lopezian – Sandy Bishop
The key word in Dan’s comment is “controversy.” The Farmers Market board obviously — and in some sense, reasonably — does not want to enable or promote controversy. After all, it is a principally a market of goods, not ideas. And the booth was apparently okay with the board until Teri and Leith began to stir up controversy last Saturday. So they clamped down on Recall Water.
But what about Teri, Leith and company? There are (at least) two sides to every controversy.
The only “not harmonious” activity I witnessed that day came from Ms Templin and Ms Nigretto.
The members representing Recall Water sat quietly at their table discussing facts.
Methinks they doth protest too much.
What’s next at the Farmers Market, a Trump/MAGA booth? A project 2025 booth?? Come on you guys, there is nothing like using common sense, reason and logic here!
Wouldn’t want to upset tourists with local issues..
A beautifully written, clear letter Steve; kudos to you. Looks to me like the Farmers Market is in good hands with such a thoughtful person at the head of the board. It is difficult; free speech is exactly that and there ain’t nothin’ free about it. It is the hard work of a community to define it for itself as much as can be done in this world we live in.
The Farmer’s Market is a specialized marketplace, limiting what is offered there so that locally grown and processed food remains the focus of the market. Without guidelines limiting what is offered, including political action groups, it would turn into a flea market. And maybe Orcas needs a flea market where “anything goes”? But not on the village green please!
Many thanks to Steve for stepping up and shutting down an unnecessary public display of water board politics; I’m sure it was not easy nor pleasant to have to intervene like a playground monitor at recess.
Sandy has a point that we DO need to find ways to discuss complex political issues without it turning into a brawl or endless online screeds. Perhaps there is room on the village green for a “soap box”: a dedicated area to present your political position with an audience that can choose with their feet to listen or not. Perhaps a sign-up sheet and some kind of enforced time limit (15 minutes?) would be helpful to organize presenters? There was a nascent effort in this direction in front of Enzo’s that I saw used maybe two times in as many years. But just because the idea didn’t take off there, does not mean that it’s not a good idea. Maybe that just wasn’t the right location?
In an era of online “silos” where too often we only hear and see positions and people that we already agree with, it surely behooves us to demonstrate to ourselves, especially the young people, how to have a civil discussion of opposing points of view. This is what debates were supposed to be. Unfortunately, debates (at least on TV) have been debased to the point where they are useless for learning about other points of view. Perhaps we can do better? Perhaps there are nascent debate team members among our high school age citizens that would like to manage a “soap box” at the village green? Maybe this is something the League of Women Voters could help organize?
Ultimately, we must remember that we are all islanders and have far more in common than a few disagreements about how to manage the fire department or the water utility; CIVILITY really is a necessary part of civic life. On the national stage that quality is sorely lacking but I hope we can set a better example here.
When the Orcas Island Farmers Market develops its new rules, I hope they will consult with the County Prosecuting Attorney and be guided to make content neutral rules as explained in a recent guide which mentions farmers markets located in public parks written by the ACLU of Washington. (with citations available on line).
ACLU: Know Your Rights Guide: Speech in Public Places
Q: If I want to give a speech or pass out literature such as flyers or leaflets in a public place like on the sidewalk
or in a park — do I need to get a permit?
A: Generally, you do not need a permit to pass out literature or give a speech in public places like sidewalks or
city parks. Those places are considered “traditional public forums” where free speech rights are protected the
most. Legal cases consider public places that have historically been open to public expression and assembly to
be “traditional public forums.” While even in traditional public forums, cities are allowed to regulate the time,
place, and manner of speech in some ways (such as limiting noise), any such regulations must be reasonable
and cannot be based on the content of the speech.
Q: Can the government ban certain types of speech from being distributed in public because of the content?
A: There are only a few kinds of speech that the government can ban based on the content.2 The First
Amendment does not protect “true threats” of harm to others or defamation. For more information, see
the ACLU-WA’s Know Your Rights Guide: Protests.
Q: Are there places at which I absolutely cannot distribute literature?
A: The rules for distributing literature are different for places which do not fit the definition of a “traditional
public forum.” For example, airports are not considered a traditional public forum for First Amendment
purposes, so you do not have the same freedom of speech in that location as you do on a public sidewalk.
Q: Can I hand out literature and speak freely on public university campuses? How about public elementary,
middle, or high schools?
A; Public schools are not considered traditional public forums for First Amendment purposes, so there is less
protection of speech in those places than there is for streets, sidewalks, and parks. However, if a particular location at a school or university is considered open to the general public, restrictions on speech may have
to meet the same requirements as if on a public sidewalk. For example, speaking or passing out literature
in the middle of an open university square is usually allowed while doing the same at an elementary school
playground may not be. For more information about student and teacher free speech rights, see the ACLUWA’s Free Speech Rights of Public School Teachers in Washington State and student rights guides.
Q: Does the Constitution protect my right to speak and distribute literature at my local farmers market?
A: Free speech at farmers markets which are held in a place considered a “traditional public forum” (streets,
sidewalks, and parks) have the same protection as at other traditional public forums. If a farmers market is on
private property, the free speech rules are different.
Q: What if I want to speak or distribute literature at a state park or national park?
A: The courts have said that national parks, unlike city parks, are not a “traditional public forum.” There are
hundreds of national parks and each one is a different type of setting, so there is no one rule regarding free
speech rights in such parks. The courts view state parks the same way. But in some state or national parks, in
locations like a visitor center or open public gathering place, there may be the same protection for free speech
rights as there would be in a city park.
Q: Where can I legally put up posters, and are there limitations on what I can put up?
A: There are limitations on where posters are allowed. In Washington state, courts upheld a law that prohibited
posters being attached to utility poles. And, whether or not a flyer can be posted in a particular location
depends on whether the place is historically considered a traditional public forum or not. The U.S. Supreme
Court has allowed city governments to limit where posters are allowed. That doesn’t mean cities have to limit
the locations where posters are allowed, but legally they can do so.
Q: Can I sell items or ask for donations for political or religious literature, buttons, and bumper stickers in public
spaces?
A: The First Amendment protects soliciting money for religious or charitable causes in traditional public forums,
and it protects political speech. Therefore, permits are not required to sell political or religious items in
traditional public forums, and permits cannot be required for activity seeking donations related to political or
religious activities.
Q: Are the rules different for speech involving selling purely commercial materials that are not expressing
viewpoints on politics, religion, or other topics?
A: The rules for commercial speech – when a business is selling products to make money – are different, and
regulations regarding commercial speech are held to lower standards than laws regulating more traditional
free speech. But commercial speech, such as advertising, does have some constitutional protection.
However, if a person is engaging in expressive activity such as playing music or doing a performance in a
traditional public forum like a park and is asking for donations, the stricter constitutional rules protecting free
speech may apply.
In case anyone missed it, the fifth question that Mr Gaylord quotes regarding free speech rights reads:
Q: Does the Constitution protect my right to speak and distribute literature at my local farmers market?
A: Free speech at farmers markets which are held in a place considered a “traditional public forum” (streets,
sidewalks, and parks) have the same protection as at other traditional public forums. If a farmers market is on
private property, the free speech rules are different.
I’m not a lawyer, but unless the Green is private property, it would appear to me that Carol’s booth should have continued to promote the information she had for the public. Perhaps, instead of renting a booth, she should have simply set up to the side of the rental booths and not informed the Market?
Thank you Randy. In additional to the quotes from the ACLU there is also the Farmers Market Coalition that has a handy flow chart that helps Farmers Markets identify that kind of speech can be limited and what booths can be prohibited.
https://farmersmarketcoalition.org/resources-on-free-speech-at-farmers-markets/
Free Speech at Markets Guide.
I hope that Steve Diepenbrock and the rest of the board will consult this as they consider policy.
Thank you for this well reasoned and thoughtful letter, Steve. I fully support all you say, and how hard that decision must have been. It doesn’t seem that you were obstructing free speech but rather upholding the tone of what the Farmers Market is for so many of us – a place to eat good food, see friends, hear good music, and relax.
I would hate for the Farmers Market to allow political booths or politicized battles! It’s one thing to meet and mingle with political candidates, or if someone has a a petition or points they want to make, do it out on the sidewalk! Vendors are there to sell what they grow and produce. I don’t think having a booth to recall a board or having board members defend their positions when no one will give an inch, is appropriate use of a Farmers Market.
Randy, do any questions you posted specifically address the right of the organizers of this market to prohibit these kinds of activities in a booth? That seems a different issue than ‘banning’ free speech. It would be more like people ‘selling’ their opinions. It seems in bad taste and out of place. I remember when I did petitions about concerns of runaway airport growth – I did it out on the street, away from the booths. I feel it is disrespectful to the Vendors to use a booth space for things this controversial – it may be legal in terms of free speech, but it is in bad taste it doesn’t give people a choice to not attend whatever narratives are being sold.
Many of the folks renting booth spaces depend on the farmers market for a big part of their livelihoods. The fees that the Market pay the County are very high. If people remember, when GiveOrcas was collecting funds, we learned that the Farmers Market pays FAR more for its space than any County in Washington State. As we know, our summer season is short and people put themselves out there for a fairly grueling day starting with early setup, a lot of hauling and lifting, battling fierce winds some days – and they have to make the money while the weather is good.
I would absolutely HATE it if I were trying to sell my goods or lovingly-grown food next to a booth that was full of controversy and rancor where I couldn’t escape it or what I heard Yes, there is a place and a time for us to get educated – but not in a vending booth – please, not in a booth! Let us, for a few hours, ENJOY a friendly, mellow place where we can forget all about our political or any other differences and strong opinions – and simply enjoy each other and the day.
In a country fraught with political upheaval and a meanness (on both ‘sides’) I have never seen in my lifetime before on so many issues (the pandemic included), I fully support Steve Diepenbrock’s decision of keeping the Farmers Market friendly, neutral, and free of political agendas and accusations by each side – within any booth. Enough already, please! We all need a break from the endless dramas – local and national.
Let the Farmers Market be the Farmers Market! What about renting the Village Green stage for an actual town hall-like outdoor event where each party could present its sides on a given day for a given time period – when nothing else is scheduled, and with adequate Public Notice?
I sure miss that soapbox at Enzo’s. Does anyone know what happened to that wonderful totem sculpture? I hated to see it go. Ken’s idea of a place for a soapbox – like a Public Square – is a good one. I support that – WHEN there aren’t other scheduled events going on, like Sunday concerts and Farmers Market.
I have been quiet about the water board issue. I’ve purposely NOT become embroiled; my main issue is that I can taste chlorine and chemicals in my water! I know there are issues. I hope the people can solve them. Seems some oversight of both sides is needed, besides yet another lawsuit.
I honestly feel at this point that we could all learn from an experiment and probably have nothing to lose and maybe a lot to gain: get a bunch of 5 year old children to play the parts of the warring factions, and task them with coming up with a peaceful solution where we can have a win-win and all play nice together again. I bet they could do it! ‘Adulting’ is overrated, if all we can do is fight with no inroads to a solution – or at least a truce- where both parties want peace and can put down their arms and sit at the table, with this community witnessing and asking questions that deserve answers. Seems we won’t get them with a ‘he said, she said’ tit-for-tat kind of attitude. Can we all grow up and be 5 again?
Perhaps the Farmers Market board could set aside a separate space for expressions of “political” opinions on Saturdays — say, on or close to the stage. That would be consistent with Randy’s fifth ACLU paragraph, yet not be disruptive of the core purpose of the market, the exchange of local goods and services.
“…the core purpose of the market, the exchange of local goods and services.” Your words, Michael Riordan. And that’s not what the recall water booth was doing.
Perhaps someone from the Parks Board could weigh in and describe which portions of the Village Green are rented to the Farmers Market and which portion is not, thus providing an area where booths and / or displays for educational and informational information could be displayed?
At least Michael Riordan admits that the recall water booth was “disruptive of the core purpose of the market, the exchange of local goods and services.”
Maybe the next step should be for the two sides to come toward a consensus that doesn’t cost the membership many tens of thousands of dollars in legal expenses.
If you’ve been following my reasoning, Dan, the disruption only occurred after Teri Nigretto and Leith Templin attempted to block access to the Recall Water booth. Otherwise, there was a peaceful exchange of ideas and information. As I wrote before, but it’s worth repeating, it takes at least two sides to make a controversy.
Please read, then read again Mr. Gaylord’s comments.
Attributed to Voltaire: “I may not agree with what you say, but I will defend to the death your right to say it.” We were once dedicated to protecting one another’s rights even while disagreeing – seemingly no more.
Our village green is our “public square”; our “public meeting place”; our ” traditional public forum”. As such free political speech is guaranteed by the first amendment without exception and with no need for permission. From time to time our local democrats have introduced candidates there and a couple of years ago it was plastered with “Black Lives Matter” posters, no one took them down, county didn’t remove them, unimpeded political expression; the right of every citizen that I, at least, am prepared to defend.
Question for our county commission, have you bound the people with an exclusive agreement with farmers market board that encompasses the entire village green or are the people at liberty to use areas not in use by farmers market activities?
Often a religious group sets up outside of the Farmers Market area and distributes literature. They also set up on the Ferry They don’t rent a space at the Farmers Market. They do their thing outside of the designated Farmers Market area on the Village Green.
We are a privileged community with fierce opinions resulting in some dysfunctional organizations. Targeting specific community members negatively doesn’t belong at the Farmers Market. It’s not helping our nation it and it certainly won’t help our Orcas Community.