Late last week, a series of dueling statements from the Downtown Statesboro Development Authority (DSDA) and the Bulloch Action Coalition (BAC), regarding the cancelation of the popular First Friday events, seemed to leave more questions than answers for the Statesboro community.
Grice Connect became aware of the second statement issued by DSDA after-hours on Friday evening. We then discovered the first series of statements regarding First Friday, which had been sent earlier in a newsletter.
After reading the statements and then the response on social media from the BAC, we knew this story deserved more explanation than simply running these statements. We paused to do some research to figure out what brought us to this point.
While we were working on this story Monday evening, the DSDA board released a statement of clarification and a vote of support for Allen Muldrew, their director.
We are providing an overview of events that led to this action and including all the statements and response from the BAC in this story.
Overview of Events
The initial incident occurred in February with the BAC having a vendor space at a First Friday event. The DSDA received complaints on the "enthusiasm" of members of the BAC, and after conversations between the DSDA and the BAC, the BAC received a letter from an attorney on the DSDA board with the information below.
In the letter, they stated that no organization that engages in political or public policy-related speech or advocacy (as opposed to commercial speech of marketing or selling one’s goods or services) would be allowed at future First Friday events.
However, the BAC pointed out that the DSDA indeed allowed individual political candidates and advocacy organizations after they were banned, including:
- Robert Busbee for DA
- David Bennett for Bulloch County Commission
- Habitat for Humanity
- The Teal House
- Unitarian Universalist Fellowship of Statesboro
Using this information and a secretly recorded in-person meeting (the recording of which is legal in Georgia) between Allen Muldrew and BAC members Lawton Sack and Cassandra Mikell, the DSDA was threatened with a federal lawsuit for violating the BAC's First Amendment rights.
The DSDA's outside legal counsel advised them to settle with BAC for $80,000 and issue a public statement.
As part of Sack's and Mikell's argument, they pointed to issues with the DSDA's policies that do not objectively identify which category of vendors and what conduct is permitted at First Friday events.
Due to this, the DSDA has suspended First Fridays for the rest of the year so they may seek professional and legal assistance in reworking their policies.
The Statements
The first statement was included in an email from the DSDA listing downtown events, and it was sent on Thursday afternoon, August 22, 2024.
"During our efforts to welcome everyone to Downtown Statesboro and to support the many incredible restaurants, shops, and other businesses located here, the Downtown Statesboro Development Authority has hosted the First Friday event series since 2009. During the March 2024 and April 2024 First Friday events, the DSDA wrongly prohibited Bulloch Action Coalition, and its principals Cassandra Mikell and Lawton Sack, from participating as vendors. The DSDA regrets that this occurred, and intends to implement appropriate written policies for future events to ensure that the rights and freedoms of all citizens in our community are respected as we continue to support Downtown Statesboro." DSDA.
"This apology from the Downtown Statesboro Development Authority is at the tail end of a legal battle for the First Amendment rights that were denied to us over our signs and from pressure from local officials. The First Amendment is an important and fundamental right for all American citizens to be enjoyed with rare and limited restraint by the government. We continue to fight for the voices of Bulloch County citizens. We are thankful for those who have not been intimidated and continue speaking. Let YOUR voices be heard." BAC.
Late Friday afternoon, August 23rd, this statement was released.
"Dear Fans, I hope this message finds you well. It is with a heavy heart that I write to inform you of the difficult decision to cancel the remaining 2024 First Friday events.
This decision comes in light of a recently threatened legal action between the DSDA and the Bulloch Action Coalition, which has compelled us to reevaluate our capacity to host these cherished, family friendly community gatherings.
First Fridays have always been a beacon of creativity, positivity, community spirit, and local connection, and we understand how much these events mean to you-our dedicated community, our friends and our families. The vibrant atmosphere, the showcase of local talent, and the opportunity to connect with fellow community members have been the essence of what makes our First Friday events special.
We want to assure you that this decision was not made lightly. Our priority is to promote the economic development and historical preservation of our downtown area by providing a family friendly event to showcase our beloved Statesboro community.
We are actively working with legal counsel to navigate this situation and are hopeful for a resolution that will allow us to resume our events as soon as possible. We appreciate your understanding and support during this challenging time. We encourage you to stay connected with us through our social media channels and newsletters for updates on the situation.
Your enthusiasm and love for First Fridays inspire us to continue working towards bringing our community together. Thank you for your understanding and continued support. We look forward to celebrating with you again soon." DSDA.
"It is disappointing that the DSDA would choose to cancel First Friday events instead of simply allowing the citizens of Bulloch County (and beyond) to practice their First Amendment rights. This is a choice that THEY made.
Our choice was to have our rights protected at a taxpayer-funded event by allowing us to participate. Instead, they would rather eliminate the event. We anticipate them figuring out a way to hold these events in the future while limiting citizens' rights. We would not be surprised if they rebranded the event in an attempt to hide previous violations.
The DSDA is wrong in this decision and is once again hurting our community. We will continue to use our rights to fight for our community. The voices of the citizens will be heard." BAC.
Monday evening, August 26th Statement:
"The Downtown Statesboro Development Authority works to revitalize our town's unique, historic downtown spaces and to highlight the absolute best that Statesboro has to offer. We, the members of the DSDA Board of Directors, are proud to volunteer our time in service of those goals.
Recently, though, the DSDA was made a part of something that it had never faced: the threat of a lawsuit that could cripple the DSDA and its mission.
The Bulloch Action Coalition, Lawton Sack, and Cassandra Mikell secretly recorded a conversation with DSDA Director Allen Muldrew in which he sought to address their conduct as a vendor at the DSDA's First Friday event in February.
Then, they used that recording and claimed conduct by the DSDA to contend that their constitutional rights were violated. They took that position in part by claiming that the DSDA lacked policies limiting its director's discretion to decide who could participate as a First Friday vendor.
Their attorney demanded a six-figure settlement to resolve these claims, pointing to a provision of federal law that allows plaintiffs to recover their attorneys' fees-which could have been substantial.
To be clear: The DSDA denies violating anyone's constitutional rights, and denies taking any actions based on the content of any speech of the Bulloch Action Coalition or its members rather than how they were conveying their message. And no court has concluded that the DSDA did anything wrong.
But the threatened federal lawsuit could have destroyed the DSDA, and would certainly have distracted from the goals that it aims to serve.
For that reason, advised by outside defense counsel, the DSDA made the difficult decision to pay the Bulloch Action Coalition, Mr. Sack, and Ms. Mikell $80,000, and to issue a statement concerning these events.
Even more painfully, the DSDA has had to suspend its First Friday events until policies are finalized that objectively identify which categories of vendors, and what conduct, will be permitted at future First Fridays.
The last thing the DSDA wants to do is limit its offerings to our wonderful community. But the Bulloch Action Coalition, Mr. Sack, and Ms. Mikell have argued that the lack of policies governing who can participate in First Friday threatens the constitutional legitimacy of the entire event. The DSDA simply cannot risk additional threatened litigation by the Bulloch Action Coalition by continuing to host First Friday without such policies in place. So, the DSDA was left with no option but to suspend First Friday until those policies are enacted- which we are now working hard to do.
We, the members of DSDA's Board, want to express our unconditional continued support for Director Muldrew and all of the hardworking staff of the DSDA, who we are convinced have always acted in the best interest of First Friday, downtown Statesboro, and our entire community.
First Friday will be back. We thank you, our community, for your support of the DSDA, its staff, and its events, and we can't wait to get back to bringing fun, education, community, and life to downtown Statesboro." The DSDA Board of Directors.
"They fully violated our First Amendment rights by the use of prior restraint and content discrimination, the two major tenants to not break. We asked for a sit down meeting on February 28 with the DSDA and Andrew Lavoie to work this out. On the 29th, we received a letter stating that we could not participate and they were creating a limited forum. They did not do that, which further violated our rights. Our attorney, Brian Tanner, said it was a textbook violation of First Amendment rights.
However, we had no desire for First Friday to be ended. We wanted a First Friday where people of diverse ideas and thoughts could participate. We are disappointed that the DSDA took the nuclear option instead of implementing a plan that does not violate First Amendment rights. We look forward to a day where First Friday returns and we pray the DSDA does the right thing." BAC
Downtown Statesboro Development Authority/Main Street Statesboro (DSDA)
The Downtown Statesboro Development Authority is a constitutional legislative authority permitted by the State of Georgia to assist with economic development, historic preservation and the overall well being of the downtown area.
It is funded through the hotel motel tax and a small stipend from the city. They also derive revenue from proceeds from events. It was created in 1981 with a mission to preserve and strengthen the downtown district as the heart of our hometown.
On April 15, 1991, Statesboro was declared a Main Street City by the National Trust for Historic Preservation, a movement built on the knowledge that a prosperous, sustainable community is only as healthy as its core.
The Main Street Program and Downtown Statesboro Development Authority work as two organizations in one. They are committed to the economic development, historic preservation, and beautification of Statesboro’s downtown area.
The DSDA has a staff of two:
- Allen Muldrew, Executive Director, for 15 years.
- Elena McLendon, Office Manager, for 13 years.
They are governed by a volunteer board made up primarily of downtown business owners or operators who are focused on revitalizing our downtown and creating family friendly events that bring the community into our downtown for an evening of fun.
With this goal, they host 8 First Friday events in downtown Statesboro including:
- Winter Fest - February 2, 2024 5:30-8pm - Music, smores, food trucks, shopping on West Main St. and West Vine St.
- Downtown Paw Walk - March 1, 2024 5:30-8pm - Dress up your doggies for a costume contest at the downtown dog park (20 Cherry St.) There will be vendors, treats and fun.
- Downtown Arts - April 5, 2024 5:30-8pm - Enjoy music art and shopping. Fun begins on the Courthouse lawn.
- Fiesta de Mayo - May 3, 2024 5:30-8pm - It’a a Fiesta Downtown Statesboro! Enjoy music, vendors and food. Fun begins on the Courthouse lawn.
- CANCELED - Taste of Downtown - September 6, 2024 5:30-8:30pm - Enjoy live music and sample food from local restaurants while shopping! Tickets available at 5pm on the Courthouse.
- CANCELED - Ag Night Out - October 4, 2024 5:30-8pm - An evening that celebrates agriculture and agribusiness in Bulloch County. We close off streets and enjoy tractors, food, fun and live music.
- CANCELED - Downtown Christmas Holiday Celebration - December 6, 2024 5:30-8pm - Bring your family and friends downtown to enjoy Santa Parade, Chili Cook-Off, vendors, live music and more. Fun begins at 5:30 p.m. and Friday till 8 p.m. Shop Local!
They also host a Halloween event:
Scare on the Square (TBD) - October 12, 2023 9:00am-1pm - Dress up and come downtown for a candyland festival. Activities include trunk-or-treat, costume contest, community dances and musical performances, hayride, candyland alley, food trucks and vendors.
The Downtown Live Concert Series is hosted and coordinated by the City of Statesboro, not the DSDA.
Bulloch Action Coalition (BAC), 501 (c)(4) Organization
The BAC was formed last year with a goal of "Educating and advocating for Bulloch County (GA) citizens on important issues."
The Bulloch Action Coalition is a group of Bulloch County County citizens who came together to form a 501(c)(4) non-profit to educate and advocate for Bulloch County (GA) citizens on important issues.
The website nor the Facebook Page associated with the BAC list leadership. A search of their 990-N shows Cassandra Mikell as the Principal Officer. Bulloch County Republican Party Chair Lawton Sack joins Mikell in representing the organization at functions and public meetings.
What is a 501 (c)(4):
A 501(c)(4) non-profit is a social welfare organization. 501(c)(4) organizations can provide an alternative structure for founders who wish to engage in certain forms of advocacy that are more challenging, or prohibited, for 501(c)(3) organizations. Contributions are not tax deductible and they can use it to promote candidates as long as it is not the primary purpose of the organization.