Livermore Farmers Market On Hiatus; Manager Resigns After Dispute

LIVERMORE, CA — The City of Livermore is searching for a new farmers market manager after a vendor was ordered to stop distributing LGBTQ+ pride flags with a pointed end deemed a safety threat by management.

California Farmers' Markets Association, which said it has only operated Livermore's market for a combined 16 hours, resigned Tuesday morning.

Dan Good Cookies previously announced plans to drop out of the Livermore Farmers' Market after owner Dan Floyd — a member of the LGBTQ+ community — was confronted by Gail Hayden, CFMA executive director, about his decision to hand out the pride flags.

Hayden — who was called the "godmother of California farmers markets" in a Walnut Creek Magazine piece — said she called off the market after a video of the encounter went viral, prompting death threats and the posting of her personal addresses online. A few vendors said they didn't feel safe coming to the upcoming Thursday market due to concerns about a potential protest, Hayden said.

The confrontation occurred June 7, when Floyd and Livermore Pride Executive Director Amy Pannu offered people passing by the Dan Good Cookies booth a free, rainbow-striped pride flag, according to a statement from Livermore Pride. The flags were handed out in recognition of June as Pride Month, in honor of the LGBTQ+ community.

Hayden told Patch that two other managers had tried to talk to Floyd and Pannu about their safety concerns before Hayden approached them. Several groups of kids were playing with the pointy-ended flags, treating them like swords.

CFMA is liable for any injuries caused on its grounds, so managers wanted Hayden and Pannu to move to a nearby "free speech area" open to the public, where CFMA would not be held liable for any issues that could arise.

Safety concerns aside, Hayden said CFMA must comply with strict regulations from county health officials amid the pandemic. Recipe cards can't even be distributed because they can't be washed, she said. A pointy-ended American flag would be deemed unsafe for distribution too.

"It has nothing to do with the subject of the flag," she said. "It turns into a weapon."

In the video, Hayden was seen telling Floyd he was violating market rules by passing out the flags and threatened to suspend him until he reviewed the rules, a video of the interaction shows.

"The mission of the market is not your political point of view," she told Floyd. "The mission of the market is for farmers."

Identifying as LGBTQ+ is "neither a political association nor choice," Livermore Pride said.

Hayden told Patch that she understands that LGBTQ+ is an identity and said she used the word "political" because people who use the "free speech area" of the market are almost always involved in political subjects.

Floyd said that prior to his interaction with Hayden, he had not received the farmers market guidelines, but the rules state that petitions and flyers — not items such as pride flags — are prohibited, Livermore Pride said. He received notice that he would be cited for inviting a non-worker into his booth, but heard nothing related to the distribution of flags.

Hayden told Patch that CFMA decided to drop the matter after explaining to Floyd that he would have been fine to distribute items at his booth, so long as he filled out paperwork in advance and clarified what he would be doing.

Livermore Pride also noted that Hayden removed her mask before confronting Floyd, in violation of market rules.

"As of June 7, I no longer feel safe under the direction of the new management company, and I cannot in good conscience continue to operate under their leadership," Floyd said in a statement on the Dan Good Cookies website. "I believe there is a level of respect and safety we all owe to one another simply for being people, and, sadly, I have found that to be critically lacking with them."

Livermore Pride called the incident "a targeted verbal attack against LGBTQ+ community members" and called on the public to ask Downtown Livermore to terminate its CFMA contract, ask the city council to intervene and support local business that promote equality and diversity.

Hayden said she took no issue with Floyd's sexuality and has allowed him to decorate his stall with rainbows and sell rainbow cookies in the past without issue. "It's so hurtful beyond words" to be called a bigot and homophobic, she said.

The City of Livermore said the interaction "is not reflective of Livermore's values of inclusion and respect." The city noted the pride flag is flying above City Hall and the council has proclaimed that the city finds its strength in diversity and inclusiveness.

The Livermore Farmers' Market will not operate Thursday or Sunday, the city said.

Read Livermore Pride's statement here. Read CFMA's statement here.