Lee Rood

lrood@dmreg.com

The suspension of two popular vendors from the Downtown Farmers' Market in Des Moines after a heavy rainstorm earlier this month is raising questions and controversy over the actions of the nonprofit, which runs one of Iowa's most popular summer attractions.

Owners of Farm Boys Hearty Food Co. and Central Iowa Organics say they received word last week that they're suspended through August for inappropriate behavior. Both contend they were penalized for asking market leaders why some vendors were allowed to keep selling the morning of July 5 after sales were suspended, while others had to stop.

Glenn Lyons, who runs the nonprofit Downtown Community Alliance, declined this week to answer any questions about the decision to bar the vendors from selling for two months.

In a statement emailed to the Reader's Watchdog by Alliance officials on Friday, Lyons was quoted as saying: "It's vital for each participating vendor to recognize their contractual obligation by respecting and following the policies put in place that allow The Market to operate safely, fairly, and successfully ... Although some decisions may not be popular, any action taken by management is made in an effort to ensure the safety of patrons, vendors (and their employees), staff, and volunteers."

Scott Veach, owner of Central Iowa Organics, said he never sold any vegetables that morning, per market officials' instructions. Yet, he said, market leaders brought police to his stand to escort him away after he sent photos to market director Kelly Foss and her assistant showing other vendors selling.

"I just complained, that was all," Veach said. "This is just devastating. It may just do me in."

Veach, 42, suffers from stage four cancer and estimates the suspension could cost him as much as $40,000 — money he needs for treatment. After he was ejected that day, he said he tried to donate about $2,000 worth of food to Meals From the Heartland, but Foss wouldn't allow that.

"So I had to throw it away," he said.

No appeals allowed until late August

Cynthia McCall, a friend of the Farm Boys' co-owners, was the first to raise questions to the Reader's Watchdog last week. She said Lyons, president and CEO of the Alliance, declined to review the decision until late August.

"There was no appeal. They didn't even ask for their side of the story," McCall said. "I just can't believe that they can do this with people's livelihoods. They don't realize how many people this affects."

One of the market's longest-serving vendors, Larry Cleverley of Cleverley Farms in Mingo, said vendors already had set up their wares and customers were buying when Foss decided to suspend sales. The Alliance advertises the market operates "rain or shine," but Foss and colleague Lydia Van Der Beek delayed sales that morning for safety reasons.

Cleverley said the two did not appreciate what vendors were up against by then. He admits he was selling to customers, as were others.

"If someone walks up in the pouring rain, and says, 'Thank God you're here! You're the only reason I came down,' what are you supposed to do?" he asked.

Des Moines City Councilman Skip Moore said residents also contacted him afterward. He added he has wider concerns.

"Don't they understand that the vendors are the ones that make the market?' he asked.

Charlie Heller, a retired police lieutenant, said he was so upset by the suspensions that he plans to protest Saturday at the Farmers' Market wearing a sign that says: "Suspend Kelly Foss. Bring back the Farm Boys."

Heller said he was at the Farm Boys' stand the morning of July 5, as he is every Saturday, for a breakfast burrito.

"I think what they did is terrible. It's a power grab," he said.

Vendor: No safety concerns about us

On any given Saturday, the market has more than 200 vendors and 20,000 visitors, so safety is taken "very seriously," according to the statement from the Alliance. Sales were delayed until 10 a.m. because of lightning, heavy rain and high winds.

Vendor Estee Nenow, co-owner of the Farm Boys operation, said she didn't receive a text message telling her sales were temporarily suspended until about an hour after the market opened at 7 a.m.

By then, 18 skillets of eggs and other breakfast fare — worth about $500 — sat in chafing dishes, ready to feed those who braved the weather, including regular patrons, maintenance workers and others the vendor feeds for free.

Nenow said her sister Anita was running the show that day and talked to the market leaders, but felt she had to serve the few people in line.

"We maybe sold a half-dozen breakfast burritos during that time," she said.

About 9 a.m., after the bad weather subsided, Van Der Beek showed up and asked Anita whether she realized she wasn't supposed to be serving, Nenow said. Anita replied that she did but had customers and 18 skillets of food, Nenow said.

After Van Der Beek said she was putting market patrons in harm's way, Nenow said her sister questioned why market workers weren't given the same concern earlier that morning.

About 9:30 a.m., Nenow got word from Foss that her family's food stand was being shut down.

Stoppage threatens family businesses

The following week, Nenow and Central Iowa Organics learned their businesses were suspended.

"It was devastating," Nenow said. "We have done this for 12 years and never had any issues."

Since then, the mother of five and her mother, Sharon Walter, have been tallying the heavy financial toll the suspension will have on their family farm in Prescott. They also worry about the young people they hired this summer to serve at least 1,200 meals each Saturday.

"The money we make at the market is the whole reason I can be a stay-at-home mom," she said.

Nenow said she tried to call Lyons, but he would not return her calls. She received an email from Foss Thursday saying she could have a review of the matter the week of Aug. 18.

The Farmer's Market is the signature event for the Downtown Community Alliance, which is run by the Greater Des Moines Partnership. The market's primary financial backers are Unity­Point Health, Terrus Real Estate Group, the Des Moines Bike Collective, Pioneer, radio station 100.3 The Bus and Great Western Bank.

The Alliance's last public tax return from 2012 showed the Farmers' Market generated $342,468 in revenue for the Alliance. Most of that was spent on salaries. Lyons earned $165,030 annually and $19,674 in other compensation.

Lee Rood's Reader's Watchdog column helps Iowans get answers and accountability from public officials, the justice system, businesses and nonprofits. Contact her at lrood@dmreg.com, 515-284-8549 on Twitter @leerood or at www.Facebook.com/readerswatchdog.