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SAME Café Doesn't Qualify for BRT Colfax Grants Because It's a Nonprofit?

“We function and operate like a regular business. We pay taxes on food and beverages, we have to have the proper licensing.”
Image: SAME Cafe
The patio outside of SAME Cafe, where construction has cut capacity. SAME Cafe

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Like other businesses on East Colfax Avenue, the award-winning SAME (So All May Eat) Cafe has experienced its fair share of trouble with the Bus Rapid Transit construction project. So last November, when SAME found out that a Business Impact Opportunity Fund grant for $15,000 would soon be available for impacted businesses, the managers breathed a sigh of relief.

Last month, however, they found out they’re ineligible. Why? Because SAME is a nonprofit.

Founded in 2006 by Brad and Libby Birky at 2023 East Colfax, the same building it's in today, SAME Café was started to “be able to bring an equitable and inclusive restaurant experience to anyone in Denver, regardless of their ability to pay,” says Carrie Shores, executive director.

Different from a soup kitchen, SAME Café provides a typical restaurant experience and uses a participation model in which customers can pay what they can, volunteer or bring in produce in exchange for a meal. “Participation is the heartbeat of our mission. Through participation comes a dignified experience,” explains Amelia Warriner, SAME's social media marketing and partnerships manager.

The menu always consists of a soup, salad and pizza, but the exact dishes rotate daily based on the produce donated by local partners like Denver Botanic Gardens, Monroe Organic Farms, Uproot Colorado and more. On the demand side, SAME works with Capitol Hill United Ministries and Colorado Coalition for the Homeless to provide food access regardless of income.

According to Warriner, in 2024 SAME served 28,000 meals to a customer base in which 43 percent identified as racial or ethnic minority, 85 percent identified as a social minority (LGBTQ+, formerly incarcerated, those with mental and/or physical disabilities), and 61 percent said they eat at SAME every day.

Serving a community struggling with these issues comes with unique challenges, but it’s central to SAME’s mission to provide food access to everyone, especially to those in need.

The BRT project has been an unexpected challenge, however.  Shores describes communication with officials as limited and infrequent from the beginning, with most information coming through the Colfax Business Improvement District, a quasi-government organization that supports businesses along the Colfax corridor.
click to enlarge SAME Cafe
Mural on SAME Cafe
SAME Cafe
Since construction started, SAME has seen a drastic reduction in foot traffic and limited availability of accessible parking; it's also had to deal with the dust and noise of street construction. The cafe has effectively lost its patio seating, which accounts for 40 percent of its capacity. Last summer, it averaged 75 lunches per day; today, it’s averaging 50.

In acknowledgement of the hardships that the BRT construction has brought to Colfax, the Denver Economic Development and Opportunity office, in partnership with The Fax Partnership and Mile High United Way, created the Business Impact Opportunity Fund, which provides grants of up to $15,000 to businesses impacted by the project. In addition to other requirements, eligible businesses must fall into a specific industry (such as restaurants), have a 2024 gross revenue between $30,000 and $5,000,000, and demonstrate a 20 percent or greater revenue decline.

Since SAME Café met all the stated requirements, the board thought it was certain to receive the grant and even built it into the 2025 budget to cover general operating costs such as rent and payroll. For example, $15,000 would be enough to cover almost two months of utility bills.

However, just as Shores was about to submit the application, she had a niggling feeling that she should check the FAQ section. That’s when she found out that nonprofits are not eligible for the grant. “It doesn’t give any additional language. All it says is, ‘Question: Are nonprofits eligible to apply for this funding?’ And the answer is ‘No,’” she describes.

The decision to bar nonprofits is puzzling, she says: “We function and operate like a regular business. We pay taxes on food and beverages, we have to have the proper licensing to serve food.”

In response to Westword's inquiry, Shelby Morse, DEDO's director of communications and marketing, says: "The City and County of Denver’s Business Impact Opportunity Fund program is one of only a handful of government programs across the country that provides direct grant assistance to small businesses impacted by specified city-funded construction projects. Modeled after programs and small business support best practices across the country, and with the resources available, this program is intended to support eligible for-profit small businesses who may not have access to additional funding opportunities. At this time, 501c3 entities are not eligible through this program; if a nonprofit operated an LLC or a for-profit entity and met eligibility requirements, we would absolutely encourage them to apply."

That's more response than Shores has received; she's frustrated by the lack of explanation. “I was happy to do a deeper dive with [DEDO] like, ‘Hey, let me show you our sales records from the last year, let me show you our space, this is how we function.’ But it was just like a ‘No.’ And that’s it,” she says. “I just feel very abandoned by the fact that there’s just a lack of information that’s available about why nonprofits are ineligible to apply.”

SAME Cafe is open Monday through Friday, 11 a.m. to 2 p.m., and is also at the City Park Farmers' Market from 8 a.m to 1 p.m. Saturday. You can volunteer time or money on its website.