August 26, 2025
Disclose any writing showing the legal opinion—now
Dear Coop members:
This letter responds in part to the voluntary article in the June 24 edition of the Linewaiters’ Gazette criticizing the General Coordinators’ recourse to attorneys for a legal opinion on the validity of the purported action by the board on April 29. I have one criticism of the GC’s conduct: it was entirely appropriate for the GCs to seek a legal opinion, but an epic fail not to disclose the opinion itself. The severity of the conduct of the leaders of the BDS faction and their ally—based on magical thinking that making the Coop declare its allegiance to a fusion of the failed Arab boycott and Bolshevik anti-zionism disguised as a human rights movement will do anything but build Omar Barghouti’s brand while damaging the Coop—entirely justifies legal fees. They have normalized the practice of directors’ votes on items that are not on the agenda. I have litigated corporate control disputes for over 21 years as a commercial litigator, and the proposition that the board can vote on agenda items that would amend the bylaws without prior notice to the membership is literally incredible. Anyone who is concerned about the future of the Coop must see whatever writing exists so the membership can evaluate it.
The GCs reliance on an oral opinion—with no writing that can be examined or even placed in the Coop’s records—is irresponsible. Further, unless the firm considers malpractice an acceptable practice, there must be a writing in the law firm’s files showing the legal reasoning—an email from an associate to a partner or a memo to the file. If the GCs relied on an oral opinion, then they need to obtain and disclose—now—whatever writing the attorneys generated.
Sincerely,
Noah Potter
General Manager Response to Noah Potter’s Letter:
Dear Coop Members,
During the General Meeting and Board meeting on April 29, the Board voted 3-2 to instruct the General Coordinators to issue a referendum ballot to amend the Coop’s bylaws to allow for hybrid meetings. This decision was made without first seeking advice from the members through a vote at that evening’s General Meeting.
The General Coordinators sought legal guidance, consulting with a law firm with deep experience in cooperative governance. The key conclusions of the General Coordinators were shared with all members in a message from then-General Manager Joe Holtz:
• The Board has the legal authority to take the actions it did on April 29.
• A bylaw amendment is not necessary to allow for hybrid General Meetings.
Our discussions with attorneys are confidential. This is standard practice for authorized representatives of cooperatives and similar organizations. We are committed to sharing our conclusions that directly impact Coop membership.
Respectfully,
Joe Szladek
General Manager
Another Meeting, Another Return to the Middle East
Dear Coop members:
Another meeting where hybrid attendance as a way of back dooring an anti-Israel boycott is rearing its ugly head. What would-be boycotters do not realize is that there will be severe legal repercussions to the Coop for their actions if they choose BDS. Creating a hostile environment is absolutely not legal and this venal movement clearly does that.
There is a growing movement at the state and federal level to stop this kind of thing, and it may well end in the permanent closure of the Coop, destroying community access to low-cost food.
Sincerely,
David Sher
The Coop Remains Ungovernable
Hello Coop,
The Coop remains ungovernable.
At the April GM, a member uttered their filthy Jew-hate (“Jew” was used as a slur, not “Zionist”) and they were neither removed from the meeting, nor reported by the Gazette, nor removed from the Coop. I am not even allowed to name them as per Gazette restrictions. The DRC, the Chair Committee and the Gazette are all complicit in this cover up.
This is an embarrassment to the Coop as a whole. Why is someone who would be expelled immediately from any other organization still allowed to walk through the front door and pretend innocence? It’s inexplicable because no one has the guts to explain it. Not honestly, not without dodging, deflecting or victim-shaming.
I call for their permanent expulsion, and every moment nothing happens only adds weight to our collective shame that no one is doing anything. Evil flourishes when good people like yourselves do exactly that: nothing.
Cooperation, right there in our name, is ignored. Our General Meetings are overrun by the most inhumane of participants. And our financial bottom line suffers for it, especially when members of conscience reflexively diminish their spending as protest. Tolerating Jew-hate is the tip of the spear buried deep in our heart and exemplifies how we are failing to govern ourselves.
And people wonder why a Human Rights Commission complaint was filed against the Coop.
Sincerely,
Jesse Rosenfeld