JFK Promenade – “I asked for everything and received nothing.”

Lee Heidhues 7.27.2023

Tuesday evening I spent nearly five hours at San Francisco City Hall waiting to make my presentation to the Sunshine Ordinance Task Force.

Shortly after 10pm I was able to address members of the Task Force to grant my Appeal seeking documentation regarding the Fine Arts Museums refusal to provide documentation regarding its political and legal fight to destroy JFK Promenade in Golden Gate Park.

I prevailed unanimously. The SOTF voted unanimously and ordered the FAMSF to make public its communications on this political brawl which riveted The City.

Following is my presentation.

Beautiful glass paneling on the 4th floor of San Francisco City Hall

Sunshine Ordinance Task Force – File 22052

Lee Heidhues-Complainant

Public Records Request with Fine Arts Museums of San Francisco

July 25, 2023

JFK Promenade is now a reality. It emerged victorious with the Board of Supervisors. SFMTA. The Recreation and Park Commission. The voters by an overwhelming 63 percent margin last November. And, finally, the lawsuit filed by the FAMSF ‘Open The Great Highway Alliance’ was tossed by the California Court of Appeals earlier this year.

You may ask, “Why are you here today? You won. It is over.”

There is a simple reason. Transparency and Accountability.

I asked for everything and received nothing.

It is difficult to prove a Negative. In this instance the FAMSF is maintaining it has no responsive documents nor a responsibility to provide them.

People forget the political dynamics three years ago when The Mayor decreed JFK Drive car free as an emergency declaration on April 28, 2020. A declaration which was immensely popular with those enjoying the car free oasis in Golden Gate Park.

Liz Heidhues, a San Francisco native, celebrates Prop J victory which will keep JFK Promenade open to pedestrians and closed to cars, in Golden Gate Park. San Francisco Calif., Wednesday, Nov. 9, 2022. | Camille Cohen/The Standard

There was also institutional opposition. Opposition with deep connections at City Hall and deep pockets financially. The Fine Arts Museums of San Francisco was in the forefront. In 2021 there were events on JFK Promenade beginning in March and concluding with a holiday celebration in December. I was at all of them. It was common knowledge that the Fine Arts Museums of San Francisco was working hard behind the scenes to end JFK Promenade.

In early 2022 there was a party on JFK Promenade during Lunar New Year in support of this car free sanctuary.

In 2022, with the Mayor’s emergency declaration about to expire, various City Boards got into the action. The FAMSF Board. SFMTA. The Recreation and Park Commission. And, finally, on April 26, 2022, when the Board of Supervisors passed an Ordinance, supported by The Mayor, which designated JFK Promenade permanently car free. On May 7, 2022, The Mayor signed the Ordinance into law before a joyous throng on JFK Promenade. I was there.

The view from the fourth floor of San Francisco City Hall

At this time, I became aware of the FAMSF deep seeded opposition  to JFK Promenade. I learned that District 1 Supervisor Connie Chan, whose opposition to JFK Promenade was well known, had met with Platinum Advisors – the lobbyist for FAMSF – 14 times. Documentation I found by researching the Ethics Commission website.

I filed several Public Records Requests with both Supervisor Chan and the Fine Arts Museums of San Francisco. Because only the FAMSF is on the Agenda I will provide the dates of these transactions.

  • April 8, 2022 – Immediate Disclosure Request to FAMSF.
  • April 11, 2022 – Follow up with FAMSF. Response not yet received.
  • April 18, 2022 – Response from FAMSF.
  • April 19, 2022 – Amended Immediate Disclosure Request to FAMSF
  • April 21, 2022 – Response from FAMSF.
  • June 26, 2022 – Immediate Disclosure Request to FAMSF.
  • July 12, 2022 – Response from FAMSF.

The responses on April 18, April 21, and July 12, 2022, provided nothing of substance to my requests for documentation about the political battle waged by FAMSF to destroy JFK Promenade.

Megan Bourne is Chief of Staff of the FAMSF. On April 21, 2022, she wrote me that the Ethics Commission “is responsible for maintaining all records under the City’s lobbying ordinance.”  It is reasonable to expect the FAMSF would have copies of these same records. My Records Requests did not limit themselves to just formal “lobbying.”

The hallways of San Francisco City Hall

Parfa Dea, Senior Government Affairs Manager of the FAMSF, wrote to me on July 7, 2022. She needed more time “to search for, collect and appropriately examine a voluminous amount separate and distinct records.”  Five days later Parfa Dea wrote and told me FAMSF “is not involved with the ‘Access for All’ initiative. It has no responsive documents to your request.”

This assertion was made despite the fact that the FPPC Form 460 submitted to The Ethics Commission for July 2022 lists “Access for All, Sponsored By Corporation of the Fine Arts Museums and Open The Great Highway Alliance.”

The political fight waged by FAMSF against JFK Promenade should have provided a trove of documents. They need to be provided.

Attachments:

  1. FAMSF response to Immediate Disclosure Request – 4.21.2022
  2. P Dea email to Lee Heidhues – 7.7.2022
  3. FAMSF response to Immediate Disclosure Request – 7.12.2022
  4. FPPC Form 460 ‘Access for All…’ – 7-16 through 7.31.2022
  5. Platinum Advisors Ryan Blake phone message – 4.5.2022
  6. Platinum Advisors Ryan Blake phone message – 6.27.2022
  7. The Standard ‘War for JFK Drive’ – 4.8.2022
  8. 48 Hills ‘The Move to Reopen JFK Drive – 8.8.2022.

Top photo: San Francisco City Hall dome