By Adam Pagnucco.
Imagine holding a high profile event with thousands of attendees and seeking insurance coverage. Then, with less than a month to go, your insurance broker tells you that a company will insure you, but there is a catch: the company insists that “no politicians at the state level or higher or political activists will be at the event.”
Would you get the policy? And further, should such a policy requirement be legal?
This was the conundrum faced by the Takoma Park Folk Festival last month. The folk festival, held since 1978, is implemented by a 501(c)(3) nonprofit and supported by the City of Takoma Park as well as vendor fees. The organization had been using the same broker to obtain insurance for at least a decade and was set to obtain a new policy prior to its September 27 festival. But then an unanticipated problem arose.
On September 2, a broker employee emailed a policy quote and related documents to the festival. The email stated, “The insurance company needs to confirm that no politicians at the state level or higher or political activists will be at the event, or they will not be able to bind coverage. Note: The mayor will be ok.” The quote itself contained a “prior to bind requirement” stating, “Confirm no politicians at the state level or higher or political activists at the event prior to binding.”
Let’s think about that. State senators, delegates, the governor, the comptroller, the attorney general and Members of Congress are all banned. “Political activists” would also be banned.
How is the festival supposed to enforce such requirements? And what happens if someone shows up wearing a Save the Whales t-shirt and an accident – or worse – occurs? Does the festival lose its coverage?
The festival declined to purchase the policy and called one of the region’s most devoted folk music aficionados – Senator Cheryl Kagan – for aid. Kagan went to work and helped the festival find another insurer, allowing the event to proceed on its scheduled date.
But the question remains: should such insurance requirements be legal?
I asked Senator Kagan about this issue. Here is her reply.
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While politics and policy have been my career, music has long been my joy.
For the past 23 years, I’ve hosted “Folk ‘N Great Music” house concerts.
My series has allowed me to create community and introduce friends and neighbors to national touring singer/songwriters.
Since the early 1990’s, I’ve attended the Takoma Park Folk Festival whenever my schedule has allowed.
Similarly, our fabulous Congressman, Jamie Raskin, has attended and helped kick off the festival when he’s in town.
The concept of barring us from attending is offensive and perplexing. How is it possible that an insurance broker could try to force this 48-year old event to restrict attendance based on a job title? It is, after all, at a public location and gets public funds from both the State and County. Did they expect security guards at each entrance, checking business cards? It was also bizarre that the proposed insurance policy sought to prohibit political activism. Would they be censoring t-shirts? Or is it voter registration or petitions on local issues that worried them?
I have already spoken to several lawyers, insurance experts, and arts leaders about next steps. This type of censorship and discrimination through insurance should never be allowed. My staff and I are researching options as to the most effective way of making sure that others aren’t faced with this in the future.
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Let’s keep an eye on this issue as the General Assembly resumes its work in January.