Fresno activist who confronted councilmember says his foundation, political group don’t mix
A man who confronted Fresno City Councilmember Miguel Arias at his home last week spearheads a group that’s formed as a religious nonprofit, though he insists that entity is separate from his political life.
Ben Bergquam’s Fresno-based Frontline America Foundation has been listed as a nonprofit religious corporation since January 2018, according to California Secretary of State records.
Bergquam has been a familiar face in some political circles, whether he’s protesting Gov. Gavin Newsom’s immigration policies while dressed in a sombrero and fake mustache, or posing for a controversial photo with Rep. Devin Nunes at one of the congressman’s private fundraisers.
But Bergquam says his religious foundation, which he says is used to advocate for conservative Christian values, is separate from his Frontline America page on Facebook.
“They’re totally separate entities,” he said. “Frontline America Foundation has nothing to do with Frontline America.”
The foundation is a charitable organization he uses to talk to mostly high school-aged students, according to Bergquam. “Its purpose is to educate the next generation on the Christian conservative values that this nation was founded on,” he said.
A video on the foundation’s Facebook page shows Bergquam speaking during a Fellowship of Christian Athletes meeting in Exeter.
As the on-camera personality for Frontline America, Bergquam has advocated at rallies for U.S. Immigration and Customs Enforcement, better known as ICE. He routinely promotes his conservative political views in videos on his Frontline America social media pages.
Bergquam argues in more than one post this week against Gov. Gavin Newsom’s plan to allow stimulus checks to go to undocumented immigrants affected by the response to the coronavirus pandemic. In multiple Twitter posts in the past month, he’s complained that Netflix shows include too many gay characters.
It’s not uncommon for a for-profit company to have a nonprofit arm. For example, Google has the Google Foundation.
“A lot of for-profit companies have separate entities for charity,” Bergquam said. “One is very political and one is not.”
Tax assessor’s take
The religious nonprofit designation is the same kind of status held by churches, according to the Fresno County Assessor’s Office. In the state record signed by Bergquam, Frontline’s foundation is said to be meant exclusively for religious purposes.
“No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distributing of statements) on behalf of any candidate for public office,” the records say.
County Assessor Paul Dictos said the religious filing makes a corporation exempt from income taxes. A religious corporation could risk losing that status if involved in politics, he said.
“They don’t mix,” Dictos said. “You can’t have an exemption and get involved in rallies.”
Other types of groups, like nonprofits and hospitals, can get property tax exemptions by filing as nonprofits, according to the Assessor’s Office, but they are not considered religious.
Frontline’s foundation made less than $50,000 in 2018, according to the foundation’s most recently available financial disclosure form, called a Form 990.
A religious corporation can also file to be exempt of property taxes, according to the assessor’s office. The process comes with greater scrutiny from local tax officials.
Frontline’s foundation has never been given an exemption from property taxes, according to the assessor’s office. Its main address is a post office box near Fashion Fair mall.
The confrontation
Bergquam and several others showed up to Arias’ home on May 11 asking him about business closures during the coronavirus pandemic. Arias, who was inside with his two young children when the group arrived, has said some of the people banged on his door and tried to force their way inside.
Video of the incident shows Arias pushing Bergquam and at least one other member of the group as they stood on the stairwell of his condominium. Police arrived and cited Arias for alleged misdemeanor battery.
Police said Bergquam identified himself as a member of the media, which he does routinely. He has attended news conferences with a video camera before, including one last week at The Waffle Shop in north Fresno and another in late April at City Hall.
