Controversy Around Controversial Anti-Terrapin Signs
Council opts to not pass resolution condemning signs. Hopes to move forward with productive, civil debate.
A resolution condemning anti-Terrapin Crossroads signs placed along Phil Lesh’s morning walking route became a controversy itself Wednesday night, as the Fairfax Town Council split over whether or not the resolution would make the debate on the project more divisive.
“It sets a bad tone,” said Mayor Larry Bragman.
The resolution called for the debate to be “civil in tone, respectful of the applicants’ and public’s rights, and remain free of all acts of intimidation.” However, it also specifically called out opponents of the Terrapin Crossroads project as using tactics that would make Phil and Jill Lesh feel intimidated and unwelcome.
That, said a number of people in the audience, wasn’t fair.
At the heart of the debate was an incident that led the Leshes to pull their proposed Terrapin Crossroads music venue before its first public hearing. According to Jill Lesh, signs saying “Stop Terrapin” were placed exactly along Phil’s morning walking route in Ross – suggesting that someone knew where Phil walked each day. Additionally, flyers were posted on cars at St. Rita’s and a petition was presented to the Leshes.
Ross Police Chief Erik Masterson said there was no vandalism but a number of signs posted on telephone poles. No police report was filed.
The story, though, got passed on and rumors arose and it became, what Bragman called, “triple hearsay.” Because no police report was filed and no photographs were taken, people were also unsure about what exactly was on the flyers.
By calling out this specific incident in the resolution, a number of opponents of the project said that it was biased in favor of the Leshes and seemed to criticize all opponents of the project.
“Painting with a broad brush every opponent as being intimidating or terrorizing or creating an unwelcome feeling isn’t fair,” said Vice Mayor Pam Hartwell-Herrero.
A number of residents who live near the proposed project and have been vocal critics said they had also been yelled at or felt threatened by Jill Lesh.
Adrianne Peixotto, whose first concert was the Grateful Dead, said Jill called her cell phone and yelled at her, calling her a ring leader with a mob mentality, and accusing her of posting the flyers – which she said she didn’t know anything about.
“I think the resolution is great, but it needs to be generic without names, because it does feel accusatory,” said Peixotto.
The council discussed removing references to the Leshes and this specific project from the resolution, making it simply a call for civility, but David Weinsoff, who brought the resolution forward, asked for a vote as it was written.
“I’m greatly afraid this might be the beginning of a slippery slope,” said Weinsoff. “I want to nip this in the bud.”
However, Weinsoff was the only one who voted for the resolution. Council Member Lew Tremaine, who had originally said he supported it, abstained from the vote. Council Members Hartwell-Herrero, Bragman and John Reed voted no.
"This is a delicate point [in the discussion]," said Bragman, who thought passing the resolution and specifically calling out opponents of the project, without a police report or any direct knowledge of the incident, could further raise hostilities around the project and affect the council's neutrality. "We are not a grand jury."
Dive Tomales
4:00 pm on Thursday, September 8, 2011
Wow, a big to do over the "angry flyers" that no one seems to have seen. Mr. Lesh must be a very sensitive man if he gets terrorized by having to see some posters objecting to his project. Have there never been posters in Marin before? How is the community to know where Mr. Lesh prefers to walk in the morning? Do the citizens of Marin have an obligation to insure that Mr. Lesh can walk each day without seeing anything he objects to? Perhaps Marin can provide a dedicated path for Mr. Lesh's walks that will be pristine and exclusively for him. This is beyond bizarre.
Mimi Newton
1:15 pm on Friday, September 9, 2011
@ Dive - I think your comments are bizarre - people must have figured out where Mr. Lesh walks in order to post their flyers up along that route. That means they figured out where he lives and then watched where he walks. That smacks of stalking. As a celebrity, I would imagine he and his family are kind of sensitive to people stalking them. Those of us who aren't famous celebrities probably have no clue how scary it is to have complete strangers watching us and where we walk in the mornings. So, his reaction seems understandable to me. Where do your snide comments about Marin ensuring he has a pristine path come in to play? Huh? The resolution that was before the council simply called on folks to behave with civility towards each other in terms of the public planning process. It probably would have passed if it hadn't mentioned the Leshes or Terrapin, but because it did, it caused some controversy. Despite that controversy, it seemed like both the Terrapin opponents and the Terrapin supporters all agreed that civility in the planning process is the way to go. In fact, each of the Council members agreed on one thing - they all condemned the posting of the posters, saying that behavior crossed a line and was unacceptable. But your points make no sense and your sarcastic suggestions are completely way out in left field.
tony masi
9:06 pm on Thursday, September 8, 2011
Please indulge my ignorance, but I don't understand. Is the graphic with the bright red stop signs accompanying this article meant to be a depiction of the flyer encountered by Phil Lesh on his walk for coffee? Whatever it is, it seems designed to inflame reaction and comment on an issue where the discussion at this point in time can only truly be based on (possibly well-informed) conjecture and rumor. I wish we could just move forward with the permit application process so we would have some hard facts regarding the impacts Terrapin Crossroads might have on our community. The Terrapin venue may already be dead in the water for Fairfax, but holding a public trial for it without any real evidence to present seems pretty pointless.
Kelly Dunleavy O'Mara
9:34 pm on Thursday, September 8, 2011
Tony -- the picture is just a screenshot of the facebook group Stop Terrapin Landing, which was just to demonstrate some of the opposition to the project. I was just trying to illustrate a different point - instead of another picture of the rendering of the project.
tony masi
11:33 pm on Thursday, September 8, 2011
Kelly, thanks for enlightening me. I had an immediate negative reaction to all those stop signs. No wonder people are so upset by the manner in which some people are using to oppose the Terrapin venue. It's a appears to be a pretty heavy-handed approach to employ before any actual fact-gathering process has been started. I really had no idea. I thought the hanging of flyers in Ross was only a misguided incident of poor judgement. Now I need to re-think this. I'd really like to find out from those most strongly opposed to Terrapin Crossroads. Are there reasons that you feel the permit application process will be unfair to your concerns? I'd appreciate any replies. Thanks.
keo
6:28 am on Friday, September 9, 2011
I'd like an answer to that too tony...thanks for asking that. I'll not be holding my breath for any replies though.....
Thomas
1:17 am on Friday, September 9, 2011
What an embarrassment. People acting like spoiled children. Hey people - "this is why we can't have nice things."
keo
6:27 am on Friday, September 9, 2011
What's worse is that SOMEONE in this group put the signs up, the rest know WHO did it. Yet they are all acting like "How dare the Leshs accuse us....We just don't know who did that (eyes fluttering)." Exactly Thomas, adults doing things and then acting like (meaning not taking responsibility for ones self and actions) children !
Kelly Dunleavy O'Mara
9:56 am on Friday, September 9, 2011
Keo - no one saw anyone post the signs, no police report was filed. There's no reason to accuse anyone specifically of doing it; there's no proof. And, that was EXACTLY why the council didn't approve the resolution, because it made it sound like anyone who opposed the project was in the wrong and, honestly, there was plenty of people who aren't sure about the project that are not "acting like children."
Mimi Newton
1:29 pm on Friday, September 9, 2011
@ Kelly - I don't think the resolution as proposed made it sound like everybody opposed to the project was guilty of posting the signs. Weinsoff pointed that out specifically at the Council meeting, it said "some" opponents were responsible. Pretty much all the folks at Wednesday's meeting that opposed the project denied having anything to do with posting the signs. But, I agree with Keo that somebody knows who posted the signs, beyond just the folks who did it. I wish those that did this could be held accountable, but I don't see it happening.
Richard Nagan
2:02 pm on Friday, September 9, 2011
This is America where we have the right to make anonymous statements. What is wrong with putting signs on posts. People (and especially politicians) have been doing it for centuries. It is not illegal to find out where someone lives nor to follow them. If it were 90% of the private investigators would be in prison.
Kelly Dunleavy O'Mara
2:15 pm on Friday, September 9, 2011
Mimi - Sorry, I was more saying it was exactly that reason (making it sound like all opposition was in the wrong) that was cited by the council members who voted against it. In fact, I think the quote in the article says "painting them with a broad brush." Do I agree that that's what the resolution sounded like? I don't know; I think Weinsoff definitely intended to make it clear everyone was responsible for being civil, not just one side, but I kind of understood where the opponents were coming from when they said they've been made to feel like bad guys.
keo
2:40 pm on Friday, September 9, 2011
@Kelly- "there was plenty of people who aren't sure about the project that are not "acting like children" ....I understand this and I have said as much in several of my posts. My comment again was directed at the sign posters. While I understand there is no proof, "hearsay" in a town that is this small, that you have lived in for over 40 years and know generations of people in, often ends up being a pretty realistic version of the truth, the neighbors are doing some serious deflecting....I'll leave it at that.
Mimi Newton
2:53 pm on Friday, September 9, 2011
@Richard - I think stalking is illegal and that the Leshes would -- at the very least -- have a basis for seeking a restraining order against the perpetrators if anybody knew who they were. The California Penal Code 646.9 includes provisions making stalking a felony with potential for up to 3 years in jail. http://www.stalkingalert.com/
Richard Nagan
6:05 am on Saturday, September 10, 2011
@Mimi: Finding out where someone lives and where they walk is not stalking. Shit, one could picket in front of their house and that is protected by the first amendment.
J
9:52 am on Friday, September 9, 2011
Why are people evil if they oppose Terrapin Landing?
There are good points and bad points to most projects, and both voices must be equally heard.
Thomas
1:14 pm on Friday, September 9, 2011
Is anyone saying that? Is someone saying that both sides should not be heard equally?
In general (not directed at you), people are too easily led on to assume a position by assuming larger positions based on small inference. Obviously one would hope critical thinking would prevail among reasonable people.
Jory Prum
1:07 pm on Friday, September 9, 2011
I don't think people are "evil" for opposing something. I think they're prejudiced, since they were opposing something they new nothing about.
I agree that all voices should be heard. There's a time and place for that to happen...and that time hadn't even begun yet.
Richard Nagan
2:04 pm on Friday, September 9, 2011
Shall the people opposed to the project be relegated to "free speech zones?" Since when is the right to express an opinion time restricted?
Jory Prum
2:22 pm on Friday, September 9, 2011
There's a difference between "free expression" and "being an asshole".
Richard Nagan
6:03 am on Saturday, September 10, 2011
Actually being an asshole is protected speech. How is posting signs being an asshole?
tony masi
7:29 pm on Friday, September 9, 2011
"Stalking" is a very severe word to use. Is it known for a fact that the flyers placed in Ross were hung exclusively along Phil's coffee route? Isn't it also possible that someone who knew the Lesh address, just parked in downtown Ross, and then hung flyers on the walk to Phil's home? I am in no way condoning this action, but I also would not characterize whoever did this as an "intimidating, cowardly, stalking, terrorist scumbag" until I had some valid proof or at least some verifiable information. I have as much trouble with the language used in this debate as I do with the fact that we are even having such an intense debate before anyone has had the chance to look at some real hard data. I had hoped to learn a lot about how this whole process works. I already know all I want to know about squabbling.
Richard Nagan
6:07 am on Saturday, September 10, 2011
I notice that Phil isn't planning to put this in the town that HE lives in. Guess he believes in NIMBY.
Richard Nagan
6:07 am on Saturday, September 10, 2011
I notice that Phil isn't planning to put this in the town that HE lives in. Guess he believes in NIMBY.
keo
7:15 am on Saturday, September 10, 2011
There is not an appropriate venue in Ross, otherwise I am sure he would have tried this.
FaceOnMars
7:13 am on Saturday, September 10, 2011
Richard, I'm at a loss to see the connection between the current proposed location in Fairfax vs. Ross as being a basis for NIMBYism?!? I believe you've invoked a strawman ... as my suspicion is that Phil would like to travel as little as possible.
keo
7:14 am on Saturday, September 10, 2011
Richard- Think you are missing the point. Whether what this flyer person did was legal or illegal, it's creepy, it smacks of someone watching u and knowing your walking route. I think if someone did this to you, it would feel a little unerving and I don't think it would be any less unnerving if you thought it was legal. Secondly, whether it is legal or not it is extremely childish and silly behavior for an adult to display. Thirdly, the neighbors have repeated several times that Phils rep said (when he met with them way back) that if they met too much opposition they wouldn't want to submit the proposal, the neighbors jumped on this statement and since then have been doing everything in their power to create a huge intimidating noise from the opposition. As soon as Phil actually filed for the use permit, they have been in hyperdrive, submitting letters to every news outlet, interviews with news stations, inflammatory fliers posted at a home for seniors and a funeral for a child. There are reasons why we have democratic systems in place to deal with these types of issues, let that process happen before u assume u know everything and how it will impact our town. There are so many people in town who want this to happen including most of the local merchants, they have every right to see this process thru to determine how it might impact our town. This small faction of opponents are trying to thwart that for the entire town and that is BS no matter how u want to look at it.
Richard Nagan
7:29 am on Saturday, September 10, 2011
I don't know how it will impact your town nor do I care. I am, just commenting on people trying to suppress freedom of speech. Yes, there are systems in place for governmental review and also the right to protest and state opposition or support outside of the governmental system.
keo
9:32 am on Saturday, September 10, 2011
Then butt out Richard, as there are many more details to this story that you obviously know nothing about. It goes beyond your black and white argument re: freedom of speech.
Richard Nagan
9:44 am on Saturday, September 10, 2011
The article is about a resolution to condemn speech and, no, I will not butt out.
Mimi Newton
11:21 am on Saturday, September 10, 2011
The resolution was about condemning incivility in the Town's permitting process. EVERYBODY at the Town Council meeting agreed that engaging in civil discourse and not harassing people, whether opponents or proponents, is appropriate. I think that's the bottom line here. We have a public process and those who posted the signs were trying to influence that process. By doing so they succeeded -- so far -- in hijacking the opportunity for the rest of us to participate in that process - it was not their statements but the manner in which they presented those statements that crossed a line from free speech into harassment/stalking/whatever you want to call it and I am appreciative of everyone who came to the Council meeting, including all the Council members, who made it clear that a line was crossed that should not have been.
Richard Nagan
12:06 pm on Saturday, September 10, 2011
The purpose of free speech is to influence the process
Mimi Newton
12:47 pm on Saturday, September 10, 2011
What process? There has been no process. Even speech has its bounds, as I'm sure you're aware, Richard. Can't yell Fire in a crowded theater, libel, slander - all ways in which Free Speech has boundaries. I would argue that free speech can go too far if it constitutes harassment, i.e., unwanted physical contact, use of epithets, inappropriate jokes, comments or innuendos, obscene or harassing telephone calls, e‑mails, letters, notes or other forms of communication, and, any conduct that may create a hostile environment - in this case the hostile environment was the town's planning process - a process where all the residents of the town are supposed to be able to exercise our free speech in terms of proposals that go before our planning commission and our town council - and we didn't have a chance to do that because somebody decided to observe a celebrity going about his private business - and, rather than communicate with him through the town's process, make him feel threatened. Whoever did this used intimidation to completely sabotage a process in which we all in this Town should have been able to participate. So that is what this is about. I am hoping that Phil and Jill Lesh reconsider submitting their proposal to our Town and I am hoping that civility will win out - Have a great Saturday!
Richard Nagan
1:03 pm on Saturday, September 10, 2011
Well, Mimi, you obviously do not believe in free speech. If Phil felt threatened it is entirely on him and no one else.
Kelly Dunleavy O'Mara
6:34 pm on Monday, October 10, 2011
Jason -- I'm deleting your comment. You can't call anyone names.
FaceOnMars
1:22 pm on Saturday, September 10, 2011
Richard, perhaps if you had said "Well, Mimi, you obviously do not believe in absolute free speech" it might have been more accurate. Do you believe in absolute free speech?
Richard Nagan
3:03 pm on Saturday, September 10, 2011
With the exception of things like yelling fire in a crowded theater, yes.
Mimi Newton
2:01 pm on Saturday, September 10, 2011
@Richard - oh, but I do - hence this conversation. I think it's great! We need to keep a civil dialogue going and all agree to hear each other out. But I don't think it's "entirely on him" if Phil felt threatened - it's on the whole community AND the Leshes, unfortunately. As a public figure, I think it's entirely reasonable for Phil Lesh to have felt very uneasy about the signs. You and I might react differently, probably having a significantly smaller sphere of people who know who we are to worry about . . . hopefully (-;
Richard Nagan
3:05 pm on Saturday, September 10, 2011
No, the person, whoever it was posted signs on poles expressing opposition to Phil;'s plans. There were no threats. If Phil got froghtened then it is on him. Should Obama get frightened if people post signs expressing disapproval of his ideas and actions?
Sierra Salin
7:47 pm on Saturday, September 10, 2011
Hah, I really like the word "froghtened." Nice word, in an otherwise obtuse conversatin about free speech, terrapin landing, and expressing oneself. It would appear to this one that absolute free speech would include yelling "fire" in crowded places, or anywhere, and leaving the interpretation, etc, up to the smarts of whoever had the fortune to hear it.
Personally, I don't think the signs were any great big deal. Not well thought out perhaps, and whoever did it had a right to post signs, and free speech, etc. The wording was nothing terribly offensive, and, I would be a little creeped out. Being famous, can have drawbacks, and trying to build a large commercial enterprise, anywhere, involves press, and some heat. All part of the process.
Free speech, liberty, etc, can be kinda sticky, irritating, and messy, especially when we may not agree with others positions and beliefs, and many of us would wish to limit them for others at times, without hindering ourselves?
The "real" questions are can we just be kind, or listen to each other, and get along?
Communication is messy. Between what we assume, what we believe, what we think, and what we hear, everything is obfuscated by misinterpretation, earwax, hormones, misunderstanding or outright misinformation, and it is a wonder any 2 people can understand each other at any time, period.
And I wonder why there is so much war in the world, rather than education, healthcare, community caring, and just plain love?
Kathy Flores
9:32 am on Tuesday, September 13, 2011
Another act of vandalism: Someone (and we know who they are) walked onto my father's property and ripped in half the STOP TERRAPIN CROSSROAD sign. The second time this was done the SA police were notifed and an incident report was made. The SA Police were notifed again and this "incident report" has now escalated to the next step. We know this happened because we have incident report number, but do we know that the posters in Ross ever really happened? Probably not. The Ross Police Dept do no have an incident report and the Leshes needed publicity and played the "poor me card".
Mimi Newton
10:50 am on Thursday, September 15, 2011
Kathy - sorry to hear it; but glad to hear you know who did this & are taking steps to hold them accountable.
E. Williams
8:32 am on Friday, September 16, 2011
Keo, I am in the Stop Terrapin Landing Facebook page and I have no idea who posted the flyers, so quit it with your broad generalizations about who knows what. Sowing paranoia is a bad way to promote community.
keo
9:21 am on Friday, September 16, 2011
Hey Ellen, placing flyers everywhere telling the seniors and community members that this is going to be a horrible thing for our community when there are so many who want this in the community, is certainly not promoting positive community vibes. Just b/c YOU don't know doesn't mean others don't.
Sierra Salin
9:45 am on Friday, September 16, 2011
Relax Keo, the folks with another opinion than yours have just as much right to be vocal about not wanting the venue, and to voice their freedom of speech and expression. Honestly, it is more on anybody wanting to effect change in, on, or around a community, to appease fears, and doubts, and be convincing, than the other way around. Likewise, folks should at least remain open and be willing to consider a proposition. Neither side should steamroller, dismiss, or minimize the others points, and there are good and bad possibilities here.
People do have valid concerns, which need to be addressed, without being bullied by either side.
Hey, lets build a nuclear power plant in town folks, lots of jobs and cheap energy you say...... and certainly nothing to worry about, etc.
One persons DDT on their morning cereal is another persons bane.
The point and bottom line for all of it is, what are the real effects and changes going to be, and how do both sides get past the spins, and judge the project on what it will give or take from the town, AND act/choose accordingly?
Education and beliefs are tricky things.
Outside of nature, human rules, laws and ways of being and doing, are pretty illogical and insane, and we would do best to start living and acting with all nature held in the equation, and not just 5 or 20 years worth of $ profits, while other parts of the equation are being exploited.
Kathy Flores
9:51 am on Friday, September 16, 2011
Thank you Sierra.
keo
10:29 am on Friday, September 16, 2011
Sierra- You are way out of context and off on tangents. E. Williams was trying to tell me that what I am doing, saying I have heard from reliable sources about who it is, (notice I am not posting names, b/c there is no proof) is creating paranoia and not fostering community. So I was expressing my opinion that plastering flyers at a seniors home and on cars at a funeral (regardless of what happened to Phil at his home)suggesting that TC will be bad for our community, our children and that is is going to be like Fairfax Festival EVERY weekend, is also creating paranoia and is far from community minded especially when most in the community, whether for or on the fence about the venue, want the opportunity to at least hear the proposal and see it thru the steps that EVERY business should have the opportunity to go thru !!
Sierra Salin
10:45 am on Friday, September 16, 2011
Community is messy and takes time as we are all pieces of work in progress, with earwax and beliefs filtering what we hear, bad eyesight confusing what we see, and wacked out beliefs and thoughts in our heads. It is a wonder any of us can understand anything. Wherever ONE or more are gathered we have conflict, confusion, and problems.
However inflamitory or misguidededed anyone's flyers may be, folks still have the freedom of speech and expression.
More the question is, how do we communicate? How do we educate each other, and not exclude anyone, as the "devil?"
How do we have enough intelligence as a community, to get past opinions, hot air, smoke, allegations, and misguided ignorance and or actions, and act from facts, data, and with integrity to build a sane world?
There is too much war already, and no need to shoot each other over this or anything.
And we all need to act, live, work, with everybody's best interests at heart, without minimizing, excluding, or scapegoating anyone...
Although, I do have a soft spot which would like to jail some folks at the top, and redistribute their wealth for a more just world, and a future which is survivable. Wall street, bankers, and war profiteers are difficult for me to include, and I would listen to them at least, before saying no way, and no more, before sending them back to preschool for a spanking, and some milk and cookies.
And to a degree, we are all petty tyrants in our own spots.
Kathy Flores
9:47 am on Friday, September 16, 2011
Thi is crazy making. Did you even see the flyers that were handed out to the residents informing them of Terrapin Crossroads? I would say more than 2/3 of FAIRFAX residents did not know about this nightclub or they had heard a rumor. There was not any fear what so ever written on them. It was just the facts for anyone to read and understand and then they can make their own decision if this is what they want in Fairfax. Can we move on now?
E. Williams
10:03 am on Friday, September 16, 2011
You know what's creepy? Keo knows my first name. It's not in my profile or my email address. Are you a friend of mine Keo?
Kelly Dunleavy O'Mara
10:04 am on Friday, September 16, 2011
Actually - I think you signed some comment at one point "Ellen" because that sounds familiar and I don't know you.
keo
10:31 am on Friday, September 16, 2011
@Kelly Exactly. No not a friend. If you can follow and retain lots of info as I can, it's not that hard to figure things out.
FairNAGS
7:36 am on Tuesday, October 18, 2011
Classic neocolonialism in the guise of wine, song and revelry! Don't take the bait Fairfax. I, like so many of us, had my oil changed at this site in 1992. Where I'm from that qualifies as cultural heritage. Make no mistake, for West Marin, this would be the cultural equivalent of the Three Gorges Dam.
Join our FaceBook Page to help stop this and Save our Abandoned Heritage!
https://www.facebook.com/pages/FairNAGS/205437729529921
Sierra Salin
8:15 am on Tuesday, October 18, 2011
Fairfax already lost it's one architectural gem and historic building when the Lucky building was torn apart for the new Good Earth. There are so few examples left of butt ugly mid century concrete boxes and we should preserve them for the future. Likely the gas station is more of a superfund site than a cultural heritage, and perhaps some well placed mycelium could clean it up?