Almost after 2 years and much questioning, the NOH8 Organization founders Adam Bouska and Jeff Parshley finally decided to legalize their organization as a non profit. Per the CA Attorney General, the organization was approved for non profit status on November 5, 2010.
Also on May 12, 2010, they filed IRS form 990 EZ and even requested an extension to file taxes for the term of 08/17/2009 to 12/31/2009 and it was due November 15, 2010 which it was granted by IRS and this documents are available by law for public inspection. Now the organization needs to file again IRS form 990 EZ for the term 1/1/2010 to 12/31/2010 and so on each year.
On March 6, 2011 http://www.estergoldberg.com reported that that the NOH8 campaign posted their latest collage of over 10,000 pictures. Also she stated “I started doing the math..and theres an amazing amount cash that allegedly seems to have taken in at 40 bucks a whack…10,000 pics at $40 is about $400,000 and that doesn’t include merchandising – tshirts and donations.. do the math.”
Read the complete story at http://www.estergoldberg.com/views_from_a_broad/2011/03/noh8-has-taken-over-10000-pics-over-400000-where-is-all-this-money-going-just-asking.html?cid=6a0105349ca980970c014e5faf02b4970c
Here in the Golden State of CA the person who regulates non profit organizations is the Attorney General. Some of the rules the apply are 1. No blood relatives can be involved 2. Conflict of interest is a big issue 3. They need to report every year to IRS and provide a copy of their Income Tax to the Attorney General. 5. The IRS Income Tax must be publicized on their website and be available for the public inspection 6. Non profits who do not follow guidelines can be shut down and all their assets will be transferred to a similar organization 7. A non profit is not your business, it is a public entity.
The NOH8 Campaign IRS reports are not showing the truth. They reported $44,644 as total earnings and $37,491 as expenditures. They also said Adam Bouska works 30 hours and his boyfriend Jeff Parshley works 20 hours. These numbers do not make sense either.
Sandra Block from USA Today reports on September 25, 2001 that unscrupulous and questionable charities tend to emerge whenever a crisis occurs. She also provides the following tips to the consumer: Give to charities with an established track record and a history of sound fiscal management. Ignore e-mail solicitations for donations. Legitimate charities generally avoid using spam to raise money. Never make an on-the-spot decision to give to charity. If you receive a phone call, or someone comes to your door soliciting money, ask for information about the charity. Conduct your own research before you give. Don’t give out personal financial data over the phone to someone claiming to represent a charity. The caller may be a con artist seeking to steal your credit card number or other financial information. Don’t give cash. When you make a cash donation, write a check to the charitable organization, not the individual who is soliciting money. The check also will provide a record if you want to deduct the contribution on your tax returns. Be wary of telemarketers soliciting money for families of police or firefighters. Be wary of charitable tie-ins or companies selling flags and other products who have promised to donate part of the profits to victims’ families. Don’t buy unless the company specifically says how much it will donate. If the promotion claims to benefit a specific charity, check with that charity to see if it authorized the promotion. If you donate online using a credit card, do it through trusted web sites. Don’t ignore other worthy causes. The flood of contributions to victims’ relief funds may reduce donations to unrelated charitable groups. With the economy in a downturn, many of these organizations need your help more than ever. The American Institute of Philanthropy, a charity watchdog group, suggests making a contribution to an unrelated charity in honor of the disaster victims.
To read the complete story visit http://www.usatoday.com/money/perfi/columnist/block/2001-09-25-block.htm
According to IRS regulations, any non-profit organization has to produce its returns (Form 990) in-person if asked for on the same day of the request.
Many people have been endorsing and even donating services, products and money to the NOH8 Campaign founders and staff but they were not a legitimate organization until November 5, 2010.
Again on January 29, 2010 http://estergoldberg.typepad.com wrote on her site asking: WHERE IS ALL THE MONEY BEING Spent or USED on the NOH8 campaign? Could someone please answer this question?? She continues supporting her position by stating, “A few years ago..one of the THE AIDS RIDE charities..dealt with a situation where so much money was made through donations and people riding for a cure..and went into executive salaries..and it hurt so many..who gave from their hearts…not realizing most of their money never went to “the cause”.
You can read her complete story at http://estergoldberg.typepad.com/views_from_a_broad/2010/01/where-is-all-the-money-being-spentor-used-for-on-the-noh8-campaign-could-someone-please-answer-this-.html?cid=6a0105349ca980970c0128773417ec970c
Dasche Bledsoe, Publisher/Editor from The Star Celeb wrote a comment on Esther’s blog stating “It says they are seeking…does that mean they don’t have yet? If not they are not allowed to be accepting donations. If so you may have to check into for confirmation, but I’m pretty sure they have to provide the information as to where the money is going whenever asked….I believe in the cause and I support it but not via shady people”.
On their website http://www.noh8campaign.com it states: “The NOH8 Campaign is an approved 501(c)(3) Non-Profit Organization.
Funds raised by the NOH8 Campaign will be used to continue promoting and raising awareness for Marriage Equality and anti-discrimination on a global level through an educational and interactive media campaign”.
Wikipedia also reports that The NOH8 Campaign is a silent protest photo project against California Proposition 8. The campaign features photographs portraying people in front of a white backdrop wearing white t-shirts, their mouths taped shut and “NOH8” painted on their cheeks. The campaign was created on February 1, 2009 by photographer Adam Bouska and Jeff Parshley.
The controversy with the NOH8 Campaign started from the begginning and that is when radio personality Allen Edwards from Pride Nation Radio wrote on November 17, 2009 the following statement “I’ve always made it clear on how I feel about the No H8 ad campaign. I think we’re spending too much time focusing on the photos rather than the cause.” You can read Allen posting by visiting his site at http://www.pridenation.com/blogs/entry/Can-I-Hate-the-No-H8-Campaign-
In response to the NOH8 Campaign Pride Nation from AEU Media Group, LLC created NO HATE NO TAPE site http://pridenation.com/notape/ with the following message “Because our community has a long way to go, the fight is not over. The solution is not to fashion photos with duct tape on our mouths. Imagine if Martin Luther King walked into a photo booth with duct tape. This website is to be proactive, productive and to make a difference”.
On 3-17-2011, To do a fair story we call the NOH8 Campaign office and we also email the following request to: email@example.com; Adam Bouska, Jeff Parshley and firstname.lastname@example.org asking to provide to me the following: A list of the organization names, date of donations, amount and contact information that the NOH8 Campaign have made donations. On the same day we received the following email response from: email@example.com stating “Hi Esteban; Thank you for your inquiry. As an official 501(c)(3) organization, the NOH8 Campaign is a charitable organization whose mission is to promote marriage, gender and human equality through education, advocacy, social media, and visual protest. Our 501(c)(3) status defines the scope of our activities, and we do not participate in political campaigns. While we have made donations to organizations that share our vision, we are not a foundation and do not fund other organizations. Again, thank you for your interest and support of the NOH8 Campaign. We would be happy to provide any further information for your article. For expediency, please submit your requests via email. You may also find it helpful to visit our website at www.noh8campaign.com.Yours very truly, The NOH8 Campaign.”
What can we tell you if you go to an organization website they will never disclose any negative information about them, a least we gave them the opportunity to have a voice on this article.
As you may have read, there are supporters and non supporters of the organization and lots of questions that have not been answered.
As you may see on the NOH8 Campaign website they even have an online store selling merchandise. Hundreds of people have been fooled by the organization in the beginning, including big media outlets. Only recently were they legitimately approved as a non profit organization. Please see pictures on this story and documents in PDF files since we contacted them and started investigating them.1078015 – 08172009 – 12312009 NOH8 IRS Renewal, 1078016 – 990EZ for 8-09 to 12-09 NOH8 Campaign, Attorney General CONFIRMATION OF REGISTRATION
IMPORTANT EDUCATION AND KEY INFORMATION:
The California Attorney General has primary responsibility for regulating, enforcing and supervising organizations and individuals that administer and/or solicit charitable funds or assets in California. The Attorney General has the duty to protect donors to charity, charities themselves and the beneficiaries of charities. In addition, the Attorney General has broad authority under State statutes to regulate charitable organizations and trusts and to commence law enforcement investigations and legal actions to protect the public interest.
A nonprofit organization, in a sense, is “owned” by the public. No private person can claim ownership or control of the organization. The assets of a nonprofit organization are irrevocably dedicated to charitable, educational, literary, scientific, or religious purposes. That means the nonprofit’s cash, equipment, and other property cannot be given to anyone or used for anyone’s private benefit without fair market compensation to the organization. Moreover, a nonprofit’s property is permanently to be used for exempt purposes. When and if the organization decides to dissolve, any assets remaining after the debts and liabilities are paid must go to another nonprofit organization—not to members of the former organization or other private individuals.
Some Basic Steps For Incorporation Of A Public Benefit Corporation:
Choose a corporate name, Draft and file articles of incorporation with the Secretary of State, File federal application for employer identification number (EIN) with the IRS, File a statement by domestic nonprofit corporation, Register with the Attorney General’s Registry of Charitable Trust & File application for exemption from federal income taxes with the IRS and state income taxes with the California Franchise Tax Board.
What Is 501(c)(3) Status?
A section 501(c)(3) organization must be “organized and operated exclusively for religious, charitable, scientiﬁc, testing for public safety, literary or educational purposes.” To qualify, an organization must satisfy an organizational test and an operational test. The organizational test is met if the articles of incorporation include language limiting the purposes of the organization to one or more of the exempt purposes set forth in section 501(c)(3) and do not empower the organization to engage in any substantial activities which do not further one or more exempt purposes. In addition,the organizational documents (or applicable state law) must require the organization to expressly dedicate its assets to exempt purposes in the event of a dissolution.
Fundraising campaign in California?
Prior to soliciting any charitable donations, a commercial fundraiser must register with the Registry of Charitable Trusts on a form provided by the Attorney General, pay a fee of $350, and obtain a $25,000 bond. The commercial fundraiser must renew that registration and bond annually and pay a fee of $350. A commercial fundraiser must also ﬁle an annual ﬁnancial report with the Attorney General accounting for funds collected during the preceding year.Registration or licensing may also be required in various California cities and counties. There are more than 200 cities and counties that require charity fundraisers to comply with local licensing and disclosure requirements.
Solicitations Law: BUSINESS LICENSE COMMISSION
(Los Angeles County Code, Volume 3, Title 7, Chapter 7-24 requires that this Notice of Intention to be filed at least 30 days prior to beginning your solicitation or advertisement for your fund-raising activity. No advertisement or solicitation may begin until this office has issued an Information Card.
Solicitations Information Card:
An Information Card is issued by the Los Angeles Police Commission Charitable Services Section, Commission Investigation Division upon review of the Notice of Intention[PDF] to solicit charitable contributions by a requesting charitable organization. The Information Card provides important information to the donor so they may make an educated decision whether to support that organization.
For more information visit:
IRS (Federal tax exemption and reporting compliance)
California Franchise Tax Board (California tax exemption)
California Secretary of State (Filing articles of incorporation, Annual Statement of Ofﬁcers)
California Employment Development Department (California payroll taxes)
California Attorney General’s Charitable Trusts website:
Philanthropic Research, Inc. (Guidestar) – http://www.guidestar.org
Federal Trade Commission
Photos: Facebook, Ester Goldberg, PN Radio
Editor’s Note: Story was proofread by Linda Krongold, our New York, NY Special Correspondent For Diversity News. For more information you can contact her at firstname.lastname@example.org. This article is nothing personal against founders Adam Bouska and Jeff Parshley. We want to wish The NOH8 Campaign good luck, but keep in mind the we are looking after you. These article tt is just to educate and inform our readers and consumers that before they believe in or give money to unscrupulous and questionable charities to please question them. Ask before you give, check facts, contact government entities and make sure the most of the money goes toward the cause not to the pockets of the founders, directors or their blood relatives. We hope other non profit founders or organizers follow the NOH8 Campaign footsteps to legalized their status too.