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Utah County commissioners delay Freedom Festival sponsorship to revise parade contract after Encircle exclusion

Utah County Board of Commissioners · March 13, 2018
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Summary

After public testimony from Encircle volunteers and community members, the Utah County Commission continued consideration of a $103,000 tourism-funded sponsorship for the Freedom Festival for one week to clarify contract language about the parade organizer's right to refuse entries and possible nondiscrimination language.

The Utah County Board of Commissioners on March 13 continued consideration of the county’s sponsorship agreement with the Freedom Festival for one week after public commenters and commissioners pressed for clearer contract language and assurances about equitable parade participation.

Commissioners held consent agenda item 36, the county sponsorship of the Freedom Festival, for additional discussion after the chair raised concerns about last year’s exclusion of Encircle, a local nonprofit that serves LGBTQ youth. The chair said the contract’s “right to refuse participation” language felt vague and left room for outcomes the county should avoid. Festival representatives said some funding tied to tourism taxes (TRCC/TRT) supports events and that parade operations are managed to avoid becoming an “issue parade.”

Several county residents and volunteers told commissioners they had prepared family-friendly parade entries for children and were notified at the last minute that they could not participate. Amber Elison, who said she volunteered to submit Encircle’s application, described organizing a pre-parade entry of about 100 children in sports attire and said she had been told the group’s application was initially approved before being denied the day before a rehearsal. “We were told there was nothing controversial about what we had planned,” Elison said. “To tell these kids they are not good enough for full acceptance was a really hard day.”

Freedom Festival staff acknowledged a mistaken handling of the group last year and said festival leaders have met with Encircle several times; they said the board had offered Encircle volunteer roles this year and that parade policies are intended to prevent advocacy-centered demonstrations that could divide the route. The festival representative also said the money the organization receives—about $103,000 net after a $10,000 allocation to a Colonial Festival—largely supports free public events and produces substantial economic activity, which the festival estimates at tens of millions of dollars annually.

Commissioners and the county attorney discussed options including removing Exhibit B (the festival’s internal parade policy) from the county contract, inserting a nondiscrimination clause for use of county property, or clarifying what constitutes a disqualifying “controversial” entry. Commissioner questions focused on whether the funding in question is public money and how the county can ensure inclusive practices when public funds are involved without dictating how a private festival is run.

After public comments from Encircle supporters and other residents who urged objective, specific rules and faster notice for potentially controversial entries, Commissioner (speaker 8) moved to continue the sponsorship approval for one week so county attorneys and festival organizers could revise the agreement. The motion carried 3–0. The commission directed staff to return with clarified contract language and options for incorporating nondiscrimination protections or removing festival policy exhibits tied to private operations.

The commission’s continuation leaves the sponsorship unresolved pending staff and legal review; the item will return for consideration at a follow-up meeting.