BART says ad was paid for by the Warriors

By Allen Payton

Another campaign trick was played on Halloween, when Lafayette attorney Jason Bezis filed a complaint against BART for using public funds, on Monday, October 31st. He claims the government agency is using public funds to promote the bond Measure RR on the November ballot. fppc-complaint-against-bart-re-measure-rr-first-supplement-oct-31-2016

In an email about his complaint, Bezis wrote, “I just filed a complaint with the FPPC about BART’s video using Draymond Green of the Golden State Warriors to promote Measure RR ($3.5 billion BART bond measure).  I argue that BART is illegally using public resources to influence voters to vote yes on Measure RR.”

Bezis’ complaint states, “complaint concerns BART public resources used illegally to plan, produce and publicize a video featuring basketball player Draymond Green of the Golden State Warriors to promote Measure RR. On Friday, October 28, 2016, BART released a 31-second video titled ‘Draymond Says’ and an accompanying ‘news article,’ YouTube post, Facebook post, and Twitter post to promote the video. The BART video, BART World Web (sic) [Wide] Web homepage, BART ‘news article,’ BART YouTube post, BART Facebook post and BART Twitter post all contain the message ‘BART needs to stay safe and reliable.’

These communications paid for with public moneys by BART, a local governmental agency, unambiguously urge a particular result in the November 2016 election: they urge ‘yes’ votes for Measure RR, referred to on the ballot as ‘BART Safety, Reliability and Traffic Relief.’ These BART communications constitute ‘contributions’ or ‘independent expenditures’ benefiting the Yes on RR campaign (FPPC ID#1381218), officially named the ‘Committee to Keep BART Safe and Reliable,’ which uses the phrase ‘Keep BART Safe and Reliable’ in its campaign logo.”

Bezis then offered what he wants BART to basically admit they’re using public money to campaign for the ballot measure and to file the necessary finance reports for the expenditures.

His complaint concludes with the following:

“As BART has engaged in campaign activity, pursuant to Regulation 18420.1(f), the FPPC should require BART to file the necessary campaign finance reports for the direct and indirect costs of its campaign activities relating to promotion of Measure RR on the November 2016 ballot in Alameda, Contra Costa and San Francisco counties. BART needs to publicly disclose the value of public resources that it expended for campaign activities supporting passage of Measure RR as either a contribution to Yes on RR campaign or as an independent expenditure supporting Measure RR. For the “Draymond Says” video, BART needs to report as campaign activity the costs of planning the video, production of the video, and promotion of the video via YouTube, Twitter, its internet homepage, its BART “news article,” and by other means of publicity. If Draymond Green is a “paid spokesperson” for BART, then a Form 511 report must be filed.”

Bezis also provided evidence to support his complaint, which can be seen below.

When reached for comment BART Board Director Joel Keller responded “The complainant believes the District used public funds to promote a ballot measure and has filed a complaint with the Fair Political Practices Commission (FPPC). There is a fine line between education and advocacy and it is appropriate to wait for the FPPC’s response before discussing the merits of the complaint.  However, as a supporter of the Dub Nation and admirer of the heart and intensity of Draymond Green’s play, it’s too bad that the motivation for the video about the Warriors and BART has become controversial because it is a slam dunk.”

Kerry Hamill, BART’s Assistant General Manager for External Affairs said “We have had an ongoing relationship with the Golden State Warriors for years at BART.”

“We provide extra service to their games,” she continued. “They promote BART in a variety of ways, like this video, which they showed at one of their last pre-season games.”

“We did not pay for it. The District absolutely did not pay for it,” Hamill reiterated. “It’s the Warriors’ video and they used it to show during their pre-season game. They let us use it for BARTable, which is a website and a newsletter that promotes off-peak ridership to various games, activities, shows and festivals.”

“I really want the Warriors to be applauded for encouraging people to take BART to the game and get cars off the road,” she said. “It’s a lot safer and smarter to take public transit to a game, when you’re going to drink and party.”

“The Warriors and BART shouldn’t be attacked for promoting taking transit,” Hamill added. “People should take BART to the game.”

A source within the Yes on RR campaign said that “Bezis has a pattern of filing these complaints. He did this several times against the Measure BB campaign in 2014. The FPPC declined to even investigate them.”

The FPPC has 14 days to decide if they intend to investigate the complaint, refer the complaint to another agency, take no action either because the Commission doesn’t have the authority or the allegations do not warrant any further action.

The election is Tuesday, November 8th.

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