Op-ED | Market Retreats on Free Speech

Deny Responsibility for Space Problem for Community Groups

By Alan “Lorax” Hirsch

As reported in the Davis Enterprise, the Farmers Market free speech area will be returned to its previous Saturday location—even if under modified rules. While not a complete resolution, this is largely a victory. A celebration of this free speech win will be held Saturday at 8 a.m. under the big tree in the community area. There will be sparkling juice, American flags, and copies of the U.S. Constitution—along with some good old-fashioned speechifying, reminding us that we can’t take our rights for granted. There will also be a nod to the importance of continuing to challenge the Trump administration.

However, the issue of the effective ban on free speech tabling during the Wednesday market—by isolating tablers far from vendors—remains unresolved.

I encourage readers to review the Enterprise’s April 30 story (linked), but note that the reporter did not fact-check statements from Market Manager Randii MacNear with anyone from the other side of the controversy. As a result, the piece misrepresents the situation. MacNear claimed community group use had “grown” and the space was now “overcrowded” with 17–20 groups. Yet, as the attached photo shows, the area accommodated 39 groups on June 2, 2018. I personally logged weekly use by large numbers of groups for months at a time—I tabled every week from 2017 to 2020.

In reality, the problem arose when MacNear allowed food trucks to invade the original community group space. She also did not object when the city added three bike racks, which took up valuable space in the same area.

It’s important to diagnose the root of the problem, but we also need to move past blame and toward collaboration. That may be challenging, given the lack of an organized structure to mediate this issue. The DFMA Inc. board, which oversees the Market, and MacNear, meet in secret—no public comment is allowed, and there is no transparency about their decisions. In practice, power appears to rest almost entirely with the Market Manager, who has led the market as its de facto boss for over 40 years. Understandably, she now feels a deep personal ownership of this weekly community event.

Background on the Free Speech Conflict

Community and political groups were recently threatened with permanent removal from their traditional tabling location along the C Street sidewalk. They were to be relocated to an isolated, unshaded grassy section of Central Park’s west side. The decision, made on April 22, 2025, came with just four days’ notice and no input from community groups.

These groups expressed concerns that the new site had virtually no foot traffic, making their outreach efforts a waste of their volunteers’ time. When questioned, the acting city manager told them they should simply “give the market manager’s idea a try.” Other city officials, including some council members, claimed the city had no authority over the free speech area—asserting that the park was effectively privatized in 2006 through a 25-year contract with the nonprofit Davis Farmers Market Alliance, Inc.

However, the forced relocation test on Saturday, April 26, led to a 90% drop in passerby engagement. Publicity, complaints, and letters to the City Council quickly followed—resulting in a reversal of the decision.

Safe Spaces—But for Whom?

The motivations behind the abrupt changes over the past two weeks remain unclear. My best guess—based on conversations with MacNear and others—is that she isn’t being driven by politics. She’s likely apolitical in this matter and simply focused on retail sales and keeping customers happy. From her perspective, political tabling and community activity may feel like distractions or disruptions to the shopping environment.

But the people who actually spend hours each week in the free speech area—often engaging with others they strongly disagree with—don’t see a problem. They believe they are coexisting just fine.

It’s not a “safe space” for everyone, though. Some passersby are uncomfortable with:

• A Flat Earther table suggesting the world is a conspiracy.
• Religious speakers presenting different views on life’s ultimate questions.
• Democratic Socialists questioning capitalism.
• An Israel advocacy table displaying posters with raw antisemitic phrases used by the Nazis (to denounce them, not endorse them).

MacNear hears complaints—often from people new to Davis—who expect the Farmers Market to be as apolitical as a grocery store. I’ve also heard that some Trump supporters have complained to the Market Manager, alleging that progressive tablers are “aggressive.” Personally, I now only distribute “Love Your Neighbor,” “Support Science,” or “Welcome Immigrants” signs—of which I’ve handed out $18,000 worth. But I used to have a flyer entitled “Resist Trump.” For three years, nearly every Saturday, I’d be told by 3–5 people that they didn’t like my views. I’d respond with a smile and log the conversation if one occurred. Occasionally, a complaint would reach the Market Manager, accusing me of being “aggressive” or even “rowdy”—allegations she took very seriously.

We should acknowledge that ideas can be uncomfortable—even threatening—for some. It’s jarring to leave a media bubble and encounter someone who fundamentally disagrees with you. There’s a tradeoff here, apart from First Amendment rights: some discomfort may accompany civic engagement.

Still, people have choices. They can avoid the free speech area. They can shop elsewhere. They can come after 1 p.m. when the Market closes. But there is no other time or place in Davis where community groups can engage with the public in the same way as they can at the Saturday Market.

Categories:

Tags: