Tremont farmer charges TWDC for selectively excluding him
from neighborhood marketing opportunities
by Jerleen Justus
(Plain Press, August 2010) When the Tremont Farmers Market (TFM) opened for the 2010 season Hooper's Farm was not among the listed vendors. Erich Hooper, the Farm's owner, says he did not fill out this year's application due to difficulties he encountered with the market management during the 2009 market exhibitions.
Even though he has participated in the Tremont West Development Corp. (TWDC) sponsored farmer's market since the beginning, Hooper feels he is being selectively excluded and "blackballed" from peddling his locally grown produce at the neighborhood fresh food stands. The long-time Tremonter states that, "when the market was started in 2006-2007 on a vacant lot by Starkweather and Professor, we were just a bunch of scraggly people who brought whatever we had to sell, set up the best we could and if anybody made fifty dollars it was good. They used us to make a name for themselves and now, I'm the one left out," continued Hooper.
NEWS ANALYSIS
Hooper states that at the beginning of the 2009 season, Market Manager Jody Lathwell began demanding that he purchase insurance required by the management and TWDC. He further states that in making rounds and discussing this matter with other vendors he learned that out of the entire group of approximately 22, only three of them actually carried the required policies.
Erich recalls a number of unfounded accusations made by Lathwell. On one occasion, after enlisting the help of Guy Templeton Black in re-bagging a loaf of bread due to bag sweating, Hooper says Jody Lathwell confronted him. She said he could not sell commercial items. Erich says he was not only targeted for selling his homemade bread but for giving away food samples as well. He alleges that there are a number of merchants who sell produce and other chattels that were either grown by outsiders or purchased from other places.
The Tremont Farmers Market 2010 Vendors Information and Application Guidelines state: "This is a Producers Market, meaning that what is sold at the market is grown or produced by the seller, with a few exceptions as needed and determined by the Market Committee."
Erich states that he was never made aware of any committee or the identity of its members. Being that he was one of the original members that formed the Tremont Farmers Market, Erich believes that setting up a committee is something he and other market participants should have been informed about.
Erich Hooper says he cannot afford the high cost of insurance required by TWDC and market management. The Ohio Department of Agriculture does mandate that perishable and hazardous food vendors carry a certain amount of insurance. "I have a peddlers license and my food permits and that's all I need," states Hooper. "If I didn't carry the proper credentials the Health and Fire Inspectors would shut me down."
Hooper says that Lathwell even nagged him about turning over copies of his documents. Hooper further states, "In addition to having all my papers, Hooper's Farm is well known and accepted everywhere else including other markets in the City of Cleveland and neighboring cities where I sell my his fresh nutriments and conduct nutritional food demonstrations. I fit in everywhere else and can't get into my own damn neighborhood festivals."
In a three-page narrative issued by Tremont Farmers Market Manager Jody Lathwell, she states that Erich Hooper has been problematic since she accepted the managing position in May 2008. She provides in detail how she tolerated rumors about Erich's bad mouthing and maligning her not only with other marketers but also on market blogs. However, in searching the Farmers Market Website, no such entries were found.
In her statement she says, ".... once the market opened, he started soliciting the 2009 TFM vendors in what seemed to be an attempt to rally them against me." Some of the other issues mentioned in Lathwell's electronic communication are Erich's seemingly disregard for following market rules, arriving late, missed market dates and parking his vehicle in the market area at the Starkweather location.
Inasmuch as Lathwell's particulars seem to be based solely on hearsay, gossip and opinions, it is Erich's experience and conviction that TWDC and the Market's Management displays strong partiality in favor of other hucksters resulting in his being forced out.
Hooper does admit that some of the allegations could be made to fit certain situations and he did indeed park his van close to his stand on Starkweather. “There was nowhere else to park," says Erich. "But while she's pointing a finger at me, drive up by Lincoln Park every Tuesday on market day and you not only see vehicles pulled right up on the park grounds but you see trucks parked going the wrong way, double-parking and creating totally unsafe conditions for other drivers and people trying to cross the street."
In Erich Hooper's eyes, he is being discriminated against by TWDC. He sees TWDC as preventing him from taking part in community fundraiser affairs designed to benefit TWDC, business owners and other residents. On one occasion, Erich set up his food stand during the Verb Ballet event held in Lincoln Park and was encountered by event organizer Amy Pappas advising him he was not authorized and would have to leave. When he refused, security was called and upon producing his papers, he was permitted to continue selling his food fare.
The Tremont farmer was recently dealt another financial blow when he missed the April deadline for securing a stall at the Taste of Tremont. Erich continued to hustle working extra hours to come up with the costly $350 entry fee. It was his hope that considering the economy, the cost of licenses and permits that the TWDC community organization, which benefits from the high-end registration fee, would reconsider. Erich Hooper says he was refused, even though in the first week of June, he learned that Event Organizer Amy Pappas had made an offer to accept a late payment from another resident.
At the June TWDC Safety Committee, Hooper listened in on a discussion that transpired between certain board members about the necessity of providing a booth for Pastor Kervin Melendiz of the Spanish Pentecostal Church of God. Erich stated that he did overhear Board Member Henry Senyak's statement, "that if consideration was given to one person or group after the deadline, we must consider Erich Hooper too."
In a June 17th e-mail which went out to a number of interested parties, Senyak confirmed that over the last six months, Erich Hooper had approached him at several block club and public with regard to the discrimination by both the Tremont Farmers Market and the Taste of Tremont and that he was ask to personally investigate the situation.
TWDC Executive Director Chris Garland's e-mail statement issued on June 17, 2010 states, ".... He did not return the necessary payments or forms by the deadline. It is also worth noting that last year he had his staff walking around the festival selling food, which is not permitted, and the year before he set up on private property and was haggling people that were walking by."
In his reply to these allegations, Hooper says that he was not aware of the fourteen year old mingling about selling cotton candy until she was brought back to his stand. As far as haggling people, Erich says, "this is a haggling event, and I'm just a better haggler. I was calling out, "lip lickin' - face stickin' B-B-Q Ribs." Even though his booth, setup and supplies were completely on private property, he was forced by security to ante up $100 as a partial satisfaction.
TWDC Executive Director Chris Garland, Board President Chris Alvarado and Event Planner Amy Pappas continued to refuse Erich the privilege of participating in the 2010 Taste of Tremont stating there would be no exception or considerations given for the financially struggling member of the Tremont Community. Yet, on July 18, 2010, the day of the event, long lines were noted standing by the Spanish Pentecostal Church of God food stand at 913 College Avenue with kudos circulating the crowd that this was the best food for the best price. It was also apparent that others had also entered and set up well past the so-called deadline for Erich Hooper.
Editor’s Note: Jerleen Justus is a Tremont resident and co-chair of the Old South Side Community Coalition