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'That's their goal': Josh's Farmers Market owner says he's being targeted by new ordinances

The monthslong battle between Josh's Farmers Market and the town of Mooresville is at another crossroads that could put the market's future in jeopardy.

MOORESVILLE, N.C. — A monthslong battle involving the popular Josh's Farmers Market is entering the next stage with town leaders proposing ordinance changes that could make it difficult -- if not impossible -- for the market to operate until the permanent location is finished. 

According to a report from the Mooresville Scoop, town leaders are proposing amendments to the city's Unified Development Ordinance (UDO) that could force the market to close. It's the latest battle in the ongoing saga involving the market, which has relocated twice since losing its original location on Williamson Road in 2021. 

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The town of Mooresville's planning board gave the first round of approval to the amendments Tuesday night, which would limit when and how farmers' markets can operate.

Josh's Farmers Market owner Josh Graham feels the changes are purposely targeting his business.

"It would absolutely put us out of business inside city limits and that’s what they’re trying to do, that’s their goal," Graham told WCNC Charlotte.

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Town leaders also voted in January against a proposal that would've allowed the market to continue operations at its former location beside the Lowe's YMCA. 

Text book harassment by the Town Of Mooresville. I fully believe this will not stop until our elected Commissioners...

Posted by Josh's Farmers Market on Thursday, June 8, 2023

Graham told WCNC Charlotte at the time his new permanent location at the corner of Williamson and Sundown likely wouldn't be open until late 2024. Now, the future of the market could be in jeopardy as he said the plans are on pause for now. 

"From day one we've always wanted to just continue operating," Graham said at the time. "We haven't asked for special treatment. We just want to continue operating in this town."

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Shortly after the market was shut down in October, Graham said he'd already had offers from several nearby towns if he's unable to continue operating in Mooresville.   

The town of Mooresville's argument is Josh's Farmers Market is more accurately classified as outdoor retail, not a farmers market. The report from Mooresville Scoop includes screenshots of the proposed changes, including the rewording of ordinances for farmers' markets. Some proposed changes include not allowing the market to operate for more than three days per week, requiring at least 10 farmers or vendors to be present and selling goods while the market's open. The proposed change seemingly banned arts and crafts from being prepared on- or off-site by a strikethrough being shown on the changes allowing for them, however, the town of Mooresville's Communications and marketing director Megan Suber clarified Wednesday evening that phrase was simply stricken from the proposed changes because it would have fallen under the 20% of non-food items that are allowed to be sold under that provision. 

Graham reportedly requested an official farmers market designation in April. This is a formal process he wasn't aware of until the town had already closed the market's YMCA location last October. Graham's attorneys reportedly questioned town leaders about this process, asking why he was never told he needed a farmers market designation. The Mooresville Scoop reported that the town failed to respond to Graham's request by its deadline and hasn't replied to subsequent follow-ups.

On Wednesday afternoon, Suber sent the following statement to WCNC Charlotte: 

The Town of Mooresville’s definition to a Farmers Market continues to align with the common industry definition as well as the definition of surrounding communities’ ordinances.

Iredell County and the state of North Carolina has a long agricultural history, and, across the state, direct producer-to-consumer model is common practice. This general definition is utilized by most, if not all, municipalities. The Farmer’s Market Coalition Website defines it as follows: “A farmer’s market is a public and recurring assembly of farmers or their representatives selling the food that they produced directly to consumers.”

Under the Town’s Unified Development Ordinance, a Farmer’s Market is defined as “An enclosed or outdoor site used by vendors for the sale to the general public of goods prepared by the vendors, including baked, canned, or preserved foods or agricultural and horticultural products.”(pg. 469 of current UDO).

To elaborate, a farmer’s market is a site used by vendors for the sale of goods prepared by the vendor- i.e., someone with bees selling honey from their beehives, a farmer selling produce grown on his/her farm, a canner selling jam that he/she made, a baker selling bread he/she baked. Farmer’s markets are designed to provide spaces that support local farmers and other local food artisans by providing an area to sell directly to the public in an affordable space. The most widely used model (which is not required) is a series of small booths that each contain a different vendor.

Suber outlined an instance back in March when the Mooresville planning and community development director outlined the generic process forward for Graham that could keep him at the YMCA property, including removing some existing violations.

WCNC Charlotte asked town staff why they’re proposing new market limitations. A spokesperson said they aim to clarify town rules and added:

The amendments make it clear that farmers markets are temporary uses which primarily support the sale of food and food products that are grown, harvested, raised, or made in North Carolina or our neighboring states.” 

Planning staff said Tuesday night they’re also working on a proposal to allow and create rules for outdoor and open-air markets. They plan to present the proposal to the planning board in July or August.

As the future of Josh’s Farmers Market hangs in the balance, Graham said he’s thankful for his loyal customers. 

"We would not be fighting this fight if it wasn’t for them," Graham said.  

The town's board of commissioners will have the final say on the farmers market limitations passed by the planning board Tuesday night.

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