Should this above circomstance, been voted on by the executive board, or the board and chairs or the president should of just made a decision on wheater or not the equiptment should be used by the band even if the board was against her decision?

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I am also wondering what kind of equipment we are talking about. I am also not clear on the circumstance.

Has the PTO committed to sell concessions somewhere else on that day with their equipment? If so, how can you be expected to just ditch your event for another group to use your stuff?

You are in a lose/lose situation. Whomever made this request put you there. I would meet with the principal and say if they want to sell concessions they can rent some equipment or get donations and theat our stuff is not available to outside groups. I'd tell him that non-members using our stuff are not covered by our insurance, and the stuff is not covered if something breaks. Regardless of what the principal said, I'd load the stuff onto my truck until it was worked out. The school has all the leverage right now. I also say, rent or no rent, the school has no claim to the stuff. Their rent comes in the benefit they derive from your operations.

(PS -- only take the stuff if you have proof of ownership.)

While the PTO may own the equipment, the administration probably feels at least a partner in this endeavor. They own the building and the opportunity to run concessions. Ownership may rest with the PTO, but the equipment was most likely purchased with moneys raised by their students and families.

Now other groups are coming to them, possibly asking by what right does the PTO get this monopoly? And they may have a point as well.

I'm not saying you are wrong, just that there are probably different points of views at work.

Your only hope is to talk it out and work out a solution. By the way, what type of equipment is involved? And is ownership clearly the PTO's? Is it portable? Can it be moved from the area while the band is using the space?

One piece I would fight for is liability. No one loans equipment without someone assuming responsibility for damage. No matter what else happens, I'd go to the Asst Principal and explain, this piece of equipment costs $XXX. If we agree to someone besides PTO using it, either the school or that organization has to take responsibility in writing for any damage.

Please keep us posted.

I am looking back into the history of an agreement on concessions. So far nothing. Very poor documentation
If I pay rent on the building how would this play out? Or how do I get the rights to concessions. The PTO did not purchase all this equipment for nothing.
It is totally amazing how one person can make a mess of a good thing. Again what is the purpose to have a PTO board if someone can go around the decision?

Concessions are a huge revenue source for schools/school groups. We recently had a forum discussion on Tennesses' new Local Education Support Group Financial Accountability Act of 2007. Among other interesting things, it explicity stated that concession sales belong to the school, with the ability of the principal to delegate to support groups.

I think most districts would similarly feel that the right to run a concession belongs to the school (or the ability to grant that right).

You do have the history of providing this service and the PTO does own the equipment, so hopefully you can talk it out and reach mutually agreeable solution. But - as Tim said - the school owns the building, and ultimately who has what rights within the building.