Des and friends of Nite Moves, About 6 p.m. Tuesday evening I received a copy of a 'Notice of Violation' that had been sent certified mail to Jesus Garcia who operates 'Gloria y Martha', a Mobile Food Facility licensed per the SB Health Department thatI had contracted to serve the food to Nite Moves participants per a conversation and follow up e mail I had with Mr. Lindsey at the Santa Barbara Health Department. His correspondence sent via e mail April 25, 2008 reads:
'Mr. Clinton,

Thank you for contacting EHS regarding your upcoming event, Nite Moves. Per our conversation you will be contracting
with Gloria y Martha to provide food to the participants of Nite Moves. Gloria y Martha is a permitted mobile food facility
and is permitted to serve food from within their permitted mobile food facility. Please contact me if there are any changes
to your food services that would require obtaining a Health Permit. For a temporary food facility permit, submit all
documents at least 2 weeks prior to your event.

Thank you,

David Lindsey
Environmental Health Specialist
Santa Barbara County
Environmental Health Services
(805) 681-4936'

This e mail, as I said, was the follow up to a discussion of how I could legally serve the 'buffet' at Nite Moves and the options
that had been presented to me were:

1. Serve through a legally registered Mobile Facility...no addtional paper work would being required as the Mobile Unit
would be licensed...the conversation also included the details that I would and could continue to acquire the food from various SB Health Dept.
Licensed providers as Mr. Lindsey, his immediate superior Vivian Nelson and the head of the department, Rick Merrifield were and are aware
of the 19 years in which many local food operators have provided the buffet for the Nite Moves events.

2. Serve from a Fiesta Style Food Booth...this would include screening and serving through windows similiar in size to the ones in Mr. Garcia's
Mobile Food unit. The same amount of paper work would be required as if I was asking for the exemption that we have recieved since 2002.
Also a fee of $145. per week would now be required and a 'Full inspection would be required each and every week.'

I wanted to continue the buffet style that has been the custom at Nite Moves,and a third third option that had been discussed
at an earlier meeting. Ms. Nelson suggested that would be possible if I tied 4 of my Pop up tents together and enclosed them entirely
with proper screening material, with entrance and exit doors...a layout I was trying to develope, but which seemed to be very impractical
considering the time elements and restraints I have at Leadbetter Beach park for the 18 weekly evenings.

On the last occassion I met with Mr. Lindsey, in the lobby of the Health Department at 225 Camino Del Remedio, I also submitted the cover letter
requesting the non-profit waiver, to which Mr. Lindsey indicated to me that Nite Moves no longer qualified. This change was first brought to my attention
in the March 24, 2008 correspondence Mr. Lindsey sent me in regard to CAL CODE. Since 2002 Nite Moves has filed for and apparently received such
an exemption, I have never actually recieved or seen a completed waiver from the SB Health Department, although I have copies of all the submissions
I have made since 2002. I asked him to at least run it by Rick Merrifield, the director of SBCHD.

Earlier in April I questioned why the department waited so long to inform me of these changes...Mr. Lindsey and Ms. Nelson assurred me they had
done me a favor,as the law really went into affect July 1, 2007. ...'and you had all ready submitted the paper work...' I then asked, well if you knew
there would be required changes, why didn't tell me in September? I recieved no reply to that question.

The Exemption is noted as category 2 on the current 'Request for Exemption from Regulation as a Food Facility' and reads:
Category 2. A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit
association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in the event. Attach
proof of nonprofit status (IRS 501(c)3 form). and and the form continues...

I do not see a change in the nature of the exemption, as I see the 'for-profit' is the restaurant and always has been, the 'nonprofit' has been the 5-7 charitible
organizations and clubs that I have associated with over the last 6 years to sastisfy the 3 in 90 days rule, and 'the event' as Nite Moves. The english is very
clear to me, but I sent this to a English major I know that had worked for the State of Connecticut and he agrees with my reading...unfortunatley Mr. Lindsey
and Ms Nelson do not and rejected the exemption request...BUT NOT IN WRITING!

Opting to go the Mobile Food route as the easiest way and now pressed for time...and until I can figure out a simple mobile tented arrangement, the
season began April 30, 2008.Opening evening went well, Shoreline Beach Cafe providing the usual fare of 'Wraps' and a small salad that
Spirit of '76 and volunteers served from the Mobile Food unit of Jesus Garcia. While a bit confusing, I decided to re-arrange the lay out in the park week two.

Gary Lynd, of the State & A dropped his donation of pasta and salad about 6:30 p.m. on May 7, 2008. Mr. Garcia and again the volunteers from Spirit of '76
and three Team In Training volunteers also served the evenings fare through the windows of the Mobile Food Unit.

The system seemed to be working and a representative from the SB Health Department made her presence known to me. Ms. Hiromi Dugan inquired about
the food coming from the Shoreline Beach Cafe...they were so indicated on the application for Exemption I had dropped prior to Mr. Lindsey's email above...
and I said no 'that was last week...this week is State & A.' Ms. Dugan inquired about the 'volunteer Coffee station' indicating that coffee for the volunteers was okay.
She did raise a concern about a woman serving samples of Go Girl,about one ounce plastic tumblers of an energy drink...indicating that a Health Permit was required.
We walked over, I introduced Ms. Dugan and the she explained a permit would be required and that no more samples should be given out, except to volunteers...
that was acceptable. I thought that was the end of the issue as I had received instruction and the above e mail from Mr. Lindsey.

Monday morning Gary Lynd called me and indicated he had received a Certified Letter including a 'Notice of Violation' and needed to Discontinue any food distribution to the public which is not approved by the Santa Barbara County Enviornmental Health Services.

I have submitted a copy of that notice to Pedro Nava's office as they have been investigating the issues surrounding all the related matters here as I
have requested help with this matter from our local representative.

As I began earlier, on the evening of May 13, 2008 at about 6 p.m.I received the copy of the 'Notice' that Mr. Garcia received. Mr. Garcia is now not planning
on coming down to provide the needed food service as he fears for losing his lively hood. I now find myself with out a food service for Nite Moves number three
on May 14. There is no way I can comply with the two weeks required by Mr. Lindsey and the Health Department for a Temporary Food Facility (TFF)Permit
or even create the booth per the guidelines Lindsey and Nelson suggested. I had thought the issue had been put to rest by opting the
suggestion of Lindsey and Nelson to bring in the Mobile Food Unit. I feel as if I have been misled by these government employees. and baited into some sort of trap.

My first concern is the race elements of the evening, but as you know, refreshment is a part of any endurance event.
Ms. Nelson has indicated to me that handing out unopened beverages is a violation of the code, never mind aid stations serving gatorade ot the like.

There has been no direct communication from the Santa Barbara Health Department to me and they are fully aware that these 'Notice of Violations' will have
a profound affect on Nite Moves. Had Mr. Lindsey not suggested the Mobile Food Unit, I would have proceeded to build or devise a full food tent and proceeded
with the TFF applications.

I do not understand this moving of 'the goals', lack of communication directly to me or the tardy presentation of the changes in the CAL CODE.
These violations notices echo a similiar aqction by the Santa Barbara Health Department in 2005 when they notified Pakalova's that he had 'donated too often'.
Apparently attacking my sponsors then and now and now also scaring the wits out of a gentleman who was doing me a favor with his Mobile Food Unit service vehicle.

As usual I have a full day on race day and will be unable to take time on Wednesday to address Mr. Lindsey and the SBCHD on these matters. At this point I expect
at least one representive from that agency will be at Leadbetter to cite me when and if I set up the food service tonight.

There seems to be some sort of pattern or issue here to prevent me from a very simple operation.

Back in 2002 it started with, 'well your a sports event and therefore
while required to have a TFF permit, you can not have one...After being 'allowed' to get the exemptions, and hence the multiple noprofits coming to the aid of the
Nite Moves program to which I am very thankful...

to in 2005 the 'rule' changing from the nonprofits being limited to 3 in 90 to the restaurants being limited to 3 in 90...
just for the record, Mr. Lindsey indicated to me that was an error by the SBCHD...

this year it started with the 6 new guidelines I needed to meet of which I could not meet one, proceded to the issue that
Nite Moves was not a community event, to okay we can issue you this but: these are the guidelines and /or options.

I followed the option as noted above and now the rug is again being pulled out...as noted I expect to be cited...

If any of this grabs you as unfair, ridiculous, of concern...please think about writing a council member asking them to help,
a supervisor, especially if you know them, as they have the power over the SBCHD if they chose to exercise thier power,
or reach out to assemblyperson Nava, ...Senator McClintock doesn't really care as he is leaving office.

Senator Runner (Bakersfield) sponsored the Cal Code. I seriously doubt he has read it or understands its implications.

http://www.santabarbaraca.gov/ is the web site for the City of Santa Barbara
http://www.countyofsb.org/index.asp is the web site for the County of Santa Barbara
http://www.ca.gov/ is the State of California web site

I have no argument with the intent of the law which is safe distribution of food, but I have difficulty when the rules become more important
than practical application and common sense...as an endurance athlete I want nourishment on the event course and after the race. As an event director
I feel a responsibilty to provide basics.

More importantly in this situation I need to have the 'Goal posts' stationary. I followed the direction they gave me and they followed up by intimidating
supporters of the Nite Moves programs. That simply is not right.

Thanks for yout time and any efforts you can and do make on the behalf of me and the Nite Moves program.



Jake Clinton
www.runsantabarbara.com

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