Farmers market told to skip Mexican food at Point Ruston. What happened was a mess

What would usually be a mundane vendor update for a farmers market spiraled into a social media frenzy Sunday at Point Ruston.

The reason appears to be a complicated triangle consisting of a developer, a restaurant inside a marketplace with dozens of small businesses operating daily, and a weekly event.

Tacoma Farmers Market posted on its Facebook and Instagram pages that two vendors would not be able to attend that day’s market in the Grand Plaza of the Point Ruston development.

The market received a “directive” to “discontinue selling any ‘Mexican style food’” at its Sunday event, it said, affecting two scheduled vendors: El Guero PNW, a new local pop-up, and Burrito Boy, a truck operated by the now-closed Josefina’s Mexican Restaurant in Tacoma’s South End. The directive came from the Point Ruston Owners Association, a nonprofit connected to Point Ruston developer Loren Cohen, according to state records.

“We have responded to PROA and are attempting to negotiate a solution. TFM had no part in this decision and directive, but must comply while trying to reach a mutual agreement with PROA,” the social media posts read. “We are deeply saddened by this abrupt news and apologize to the vendors and small businesses owners this affects as well as our market community that seeks out their food offerings at our Sunday Market at Point Ruston. We are doing our best to represent and advocate for the small businesses owners and vendors that we host at our market!”

The posts received more than 1,000 comments and were shared more than 1,200 times as of Monday afternoon.

El Guero shared the news on its social media Saturday night, writing that “due to unforeseen circumstances” they would not be selling at the farmers market the next day. “We just got word this evening that there was a complaint about Mexican food being sold at the market,” said owner Jesus Rodriguez, adding he was disappointed and hoped it was temporary.

The post has since attracted 1,300 likes and nearly 200 comments.

The News Tribune reached Rodriguez’s mother by phone Monday, and through a translator she said she was not ready to talk about the subject further.

Social media erupted with calls of racism, with many believing Mexican food was being singled out. Others noted that perhaps there was a legal issue at hand, in that the only exclusively Mexican restaurant with a permanent presence in this area, Taco Street, had a non-compete clause in its contract.

Point Ruston, on its Twitter and Facebook pages, responded with a statement on social media at 8:33 p.m. Sunday, affirming that it has “certain exclusivity contracts in place to help support our brick and mortar vendors — including a contractual exclusivity for Mexican cuisine. We plan to honor this exclusivity clause and we will continue to work to make sure opportunities for small businesses of all backgrounds have a place at the waterfront.”

It added that it has had a “productive five-year relationship” with the farmers market and that “today’s misunderstanding … is not something we take lightly.”

Taco Street co-owner Elonka Perez did not immediately respond to an email request for comment Monday afternoon. A manager who answered the phone at the Waterfront Market restaurant directed The News Tribune to a website contact form.

Point Ruston developer Loren Cohen has not responded to The News Tribune’s phone call. His voicemail box connected to his work line was full Monday.

On Point Ruston’s Facebook post, Cohen responded to commenters directly, confirming that Taco Street has a contract “granting them the exclusive right to provide Mexican-style cuisine as their main genre of food at Point Ruston.” Other vendors can “have tacos, etc. complementary to their main genre (like fish tacos at Wildfin) — but a taco stand or burrito stand that’s exclusively Mexican-style cuisine is in violation of this exclusivity clause.”

The goal, he said, is to “support the family owned and run brick-and-mortar shops and restaurants that have invested in our development.”

He lamented poor communication of these details, for which “we will definitely own and make amends for,” adding: “But accusations of racism, bias or other ill intent are completely unfounded and the absolute antithesis of what we stand for as a company and family.”

Point Ruston vs. Waterfront Market?

The situation is shadowed by a string of legal battles between Cohen and his company MC Construction, and a different entity, Serpanok Construction.

In 2020, a judge ordered the parking garage at Point Ruston to be auctioned off after Serpanok sued for nonpayment. Last year, an arbitrator decided in Serpanok’s favor, calling for Cohen and company to pay $11.5 million — what was owed plus interest.

It was after that point, in June 2021, that the Public Market at Point Ruston changed hands. Now both the parking garage and the Waterfront Market, the open-air market’s new name, are owned and operated by Serpanok.

Paul Kunitsa, the Waterfront Market’s general manager, said Monday morning that they were caught off guard with the flare-up between Tacoma Farmers Market and Point Ruston.

“Quite frankly we don’t have anything to do with it. We don’t work with them,” he said, referring to Point Ruston. “We have no influence on them. We didn’t ask for anything. When all this came out, it was out of the blue.”

Asked for details about the transition period between ownership last summer — and specifically how leases with the original and new entity might have differed — he said he didn’t know without looking back at paperwork.

On a day-to-day basis, he emphasized, the Waterfront Market does not communicate with Point Ruston.

Complicating matters is the reality that Tacoma Farmers Market was originally stationed in its current location in the Grand Plaza, but in 2020 and 2021 it was temporarily hosted in the Waterfront Market parking lot.

Jack + Adeline, a woodworking shop and bakery, has been a vendor since the marketplace opened at 5101 Yacht Club Road two years ago. Co-owner Leanne Franetovich tried to clear up misinformation spreading like wildfire on social media.

Previously, she told The News Tribune on Monday, leases with then-Public Market were fairly “boilerplate,” but she noted that there could be differences when compared to “build-out” anchor tenants, which include Owens Meats, Only Oatmeal Cookies and Taco Street. One such tenant, Dancing Goats Coffee Bar, pulled out of the project in December 2021.

Franetovich said they used to have exclusivity clauses for businesses within the actual market. Another vendor could not come in and sell salvaged wood cutting boards or furniture, for instance, the crux of Jack + Adeline’s homeware business. But things changed when Serpanok took over.

To her knowledge, there are no exclusivity agreements within the market, and because it’s no longer affiliated with Point Ruston, that notion is moot.

It is a unique situation, though, in that there are dozens of small businesses operating under one roof. On any given day, the space also welcomes temporary vendors.

“We are working as hard as we can, doing whatever we can to support and build community here in Ruston, with small businesses and customers and everyone,” Kunitsa said. “We want to be a neighborhood gathering place.”

What happens next?

On Sunday, El Guero — which debuted in May, serving at the Puyallup Night Market and Puyallup Farmers Market — posted again, thanking everyone who messaged them as the day wore on.

They kindly declined offers of monetary donations and instead urged people to contact the PROA and “let them know our frustration during this difficult time.” They said they were waiting on more information and asked followers to support the other small businesses at Tacoma Farmers Market in the Grand Plaza.

One vendor, Komadre Kombucha, said on Instagram after the market wrapped at 4 p.m. that it had sold out.

“Y’all really turned out to support local,” wrote owner Julie Davidson, who is also Latina, on Instagram. “We especially appreciate your supportive words regarding our colegas and amigos who were impacted by a change in food vendor policy. Thank you Tacoma Farmers Market for upholding equity and diverse representation; we stand with you in your efforts to rectify this wrong.”

Reached by phone Monday afternoon, Tacoma Farmers Market Executive Director Britt McGrath said she was actively working with the PROA. At the moment, she could not comment further.