Letter from CFMA President

California Farmers’ Markets Association (CFMA) has come under attack from the local Gay Pride
regarding the enforcement of CFMA Market Rules & Regulations on June 7, 2020 at the Dan Good
Cookie stall at the Livermore Certified Farmers’ Market. The Gay Pride Group, sharing Dan’s booth
was asked to cease distribution of parade flags in the market area because they had been deemed
unsafe. Furthermore, the Group had not been reserved, registered and not completed the paperwork
for the Hold Harmless Agreement required by ALL participants. It was suggested these efforts be
continued in the free speech area. All requests were denied. To our astonishment, this event has
mushroomed over the ability to hand out materials (18” gay pride flags) at the market without
approval from market management. Add to this, the pointy-tip flags were being used by children as
swords, nearly poking one child in the eye.
Safety and management protocol have taken on a new meaning to some in the Livermore community.
Its now being categorized as Racial Bigotry and Sexual Discrimination. This interpretation is unfair.
CFMA does not enforce its rules in a discriminatory fashion, and does not ever single out any specific
group. An item deemed unsafe has nothing to do with its cause or subject. Any vendor is welcome to
decorate their stall with lifestyle items, sell rainbow products such as cookies or express themselves in
any way they wish. However, the distribution of flags by the American Legion, the VFW or any group
must be done in a safe manner and must be done outside the market in the free expressive area. This
shifts the liability of the distribution of such materials from the farmers’ market to the actual
distributor. These policies are commonly enforced in farmers’ markets throughout the Bay Area and
the nation.
CFMA has reached out to the community through different social media to help outsiders understand a
market’s management responsibilities. CFMA staff submitted to Zoom interviews for Television
broadcast. Unfortunately, the vast majority of responses do not seem to care about the liabilities or
complications that arise when others decide to hand out whatever they wish inside a market. In fact,
the vitriol has been unfair and extreme by any standard. Since this occurrence, physical harm and
death threats have been made against the Association Staff and its vendors.
Safety protocol is our highest priority. CFMA has managed/operated over 1,000,000 individual stall
days since its inception in 1994. Through this time there have been only 8 incidents of accidental
nature, of which 6 were contained in the stall space. The markets have enjoyed 39 million visits in 26
years. CFMA prides itself on a superior safety record. CFMA has received zero complaints, zero
negative reviews and not one negative comment, nor has there been a single conflict over diversity or
discrimination in our markets, with our staff or in any projects we have accomplished in 26 + years.
CFMA wholeheartedly embraces vendors who express their individual identity through their stall
merchandising, their product design or their decorations. This includes gay pride flags.
We regret any harm caused by this misunderstanding and will work to better disseminate market
policies in the orientation of new members.
Regards,
Doug Hayden
President/CFMA