Folsom Street Fair Update

Life in San Francisco........or in what our friends over at USF fondly refer to as "the gay Rome." *

Planning for the 2008 "Folsom Street fair" has already begun. As is easily learned, (go here, CAUTION: typical San Francisco obscenity alert) activities at the fair are in violation of Section 314 of the California State Penal Code and Article 240, Section 2, of the San Francisco Municipal Police Code.

Below is a copy of a letter sent to Mr. Paul Pelosi, Jr., President of the San Francisco Commission on the Environment, which funded the fair to the tune of $19,000. A similar letter was sent to Ms. Kary Schulman, Director of "Grants for the Arts" which funded the fair in the amount of $22,000. Since the guidelines of both organizations specify compliance with state and local law as a prerequisite for receiveing funding, we contend that both organizations are in violation of their own rules when they fund the "Folsom Street Fair." Both letters were CC'd to San Francisco politcal and religious leaders.

To date the only responses to either letter have been from the Very Reverend Alan Jones, Dean of Grace Cathedral, and from Director Schulman. We thank them for their responses. Both shared our concerns. Ms. Schulman maintained it was a law enforcement issue. She's right, of course, but in our opinion, by conceding the law enforcement issue, she was also conceding the point that her organization should not be using taxpayer dollars to fund the event. The illegal behavior at the fair is not the work of a few bad apples--it is the whole point of the fair, including exhibitors.

November 14, 2007

Mr. Paul Pelosi, President
Commission on the Environment
11 Grove Street
San Francisco, CA 94102

SUBJECT: “Zero Waste Grant” for the Folsom Street Fair.

Dear President Pelosi,

On May 23, 2006 the San Francisco Department of the Environment awarded a “Zero Waste” Grant in the amount of $19,000 to “Folsom Street Events,” the producers of the Folsom Street Fair. Numerous activities that take place every year at the Folsom Street Fair (see enclosed photographs) are in violation of Section 314 of the California State Penal Code and Article 240, Section 2, of the San Francisco Municipal Police Code (see attached). It is common knowledge in San Francisco that such acts take place every year at the Fair, and it is reasonable to conclude that such acts will occur again in 2008.

I draw your attention to the following, from the “Introduction” to the San Francisco Department of the Environment’s “Grantees’ Operating Procedures Manual, Program Year 2006”:

“Non-profit organizations receiving grant awards from the San Francisco Department of the Environment (SFE) are required to establish and maintain internal control designed to reasonably ensure compliance with federal, state and local laws, regulations and program requirements.”

I also draw your attention to the following, from the “San Francisco Sample Grant Agreement” posted on the “Zero Waste” page of the San Francisco Department of the Environment’s website:

ARTICLE 11 EVENTS OF DEFAULT AND REMEDIES 11.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:

Article 11, Section C : (c) Failure to Comply with Applicable Laws. Grantee fails to perform or breaches any of the terms or provisions of Article 16.

Article 16. section 16 Compliance with Other Laws. Without limiting the scope of any of the preceding sections of this Article 16, Grantee shall keep itself fully informed of City’s Charter, codes, ordinances and regulations and all state, and federal laws, rules and regulations affecting the performance of this Agreement and shall at all times comply with such Charter codes, ordinances, and regulations rules and laws.

As stated above, and evidenced by the provided photographs, certain activities that are encouraged and that annually take place at the Folsom Street Fair put the Fair in clear violation of Section 314 of the State Penal Code and Article 240, Section 2, of the San Francisco Police Code. Therefore, I contend that Folsom Street Events, and the Folsom Street Fair have placed themselves in Default of their Grant Agreement, according to Article 11, Section C; and Article 16, Section 16, of the Grant Agreement. I respectfully ask that the Members of the Commission on the Environment, and the San Francisco Department of the Environment obey the terms set forth in their own Grant Agreement, and refuse to consider any grant applications from Folsom Street Events, or any other organization representing the Folsom Street Fair, for a period of two years, covering the fairs of 2008 and 2009. If, at the Fairs in these two years, activities in violation of the cited statutes no longer occur, then, in 2009, grants to the Fair can be reconsidered. The courtesy of a response is requested.

Sincerely,

Gibbons J. Cooney
San Francisco CA

Cc: The Honorable Gavin Newsom, Mayor, City of San Francisco
Ms. Kamala Harris, District Attorney, City and County of San Francisco
Mr. Edward M. Harrington, Controller, City and County of San Francisco
Mr. Scott N. Schools, United States Attorney, United States District Court, Northern District of California
Chief Heather Fong, San Francisco Police Department
The Right Reverend Benjamin, Bishop of San Francisco and the West; Holy Trinity (Orthodox) Cathedral, San Francisco
Very Reverend Alan Jones, Dean, Grace Cathedral, San Francisco
Most Reverend George Niederauer; Archbishop of San Francisco
Rabbi Stephen S. Pearce, D.D., PhD., Temple Emanu-El, San Francisco

*For the origin of "the gay Rome" tag, listen to this q & a from the USF "Queer Perspectives" seminar, held at, where else, Most Holy Redeemer.

Posted by Gibbons