Vendors Successfully Hold City Accountable for Violating State Law, Catalyze Profound Changes in How City Regulates Street Vending, and Put Other Cities With Vending Bans on Notice.
LOS ANGELES, CA , July 19, 2024 – Two street vendors and three community empowerment groups have reached a groundbreaking settlement with the City of Los Angeles, resolving their lawsuit that challenged the City’s widespread and arbitrary vending restrictions as violations of state law. The settlement repeals exclusionary vending bans across the city near swap meets, farmers’ markets, schools, and temporary events; cancels all citations issued for vending in the repealed exclusionary zones; and provides full refunds to vendors for any fines paid. These gains build on previous progress catalyzed by the vendors’ lawsuit, including the City’s repeal of seven blanket no-vending zones earlier this year and City Council motions aimed at bringing vendors into the policymaking process and transforming the City’s approach to enforcing vending regulations.
This groundbreaking lawsuit sends a strong message to other jurisdictions across California that arbitrary and discriminatory vending restrictions are illegal – and can and will be challenged in court.
“For years, vendors have been wrongly ticketed, harassed, and traumatized because of the City of L.A.’s discriminatory and unlawful vending restrictions,” said Katie McKeon, Attorney with Western Center on Law & Poverty. “This settlement ends these harmful practices and provides some justice to vendors by canceling all related citations and reimbursing vendors for any fines paid. We are encouraged that the City is now committed to complying with state law and is adopting policies that respect and support the vital role vendors play in our communities.”
“The bans are gone, and the vendors have been vindicated,” said Merlín Alvarado, a street vendor and plaintiff in the lawsuit. “In addition to serving our customers, running our businesses, and providing for our families, we are ready to work with the City to make its sidewalk vending program as successful as possible. Street vending is one of our city’s great traditions and resources, and we look forward to being fully recognized for our role as community caretakers and contributors.”
“For over a decade, street vendors in Los Angeles have organized to build a powerful movement for dignity and respect, and to advocate for their rights and livelihoods,” said Sergio Jimenez, Senior Organizer with Community Power Collective. “This victory is a testament to their strength, bravery, and commitment to organizing toward justice. Thanks to the relentless efforts of organized street vendors, we are building a more vibrant, inclusive, and thriving Los Angeles.”
Vendor plaintiffs Merlín Alvarado and Ruth Monroy, along with three nonprofit organizations – Community Power Collective, East LA Community Corporation, and Inclusive Action for the City – filed their lawsuit in late 2022, arguing that the City of L.A.’s restrictions violate SB 946, a 2018 California law that legalizes sidewalk vending statewide. Earlier this year, in response to the vendors’ lawsuit, the City voted to eliminate its seven no-vending zones. The settlement ends the City’s remaining unlawful vending bans, including excessive distancing requirements from swap meets, farmers’ markets, and schools, and compensates vendors who received costly and unjustified citations. The plaintiffs are represented by Public Counsel, Western Center on Law & Poverty, and the law firm of Arnold & Porter.
“California’s ‘Safe Sidewalk Vending Act,’ is the law of the land and prevents cities from enacting vending regulations based solely on NIMBY complaints or economic animus,” said Ritu Mahajan Estes, Directing Attorney with Public Counsel. “Punitive and baseless vending restrictions not only fly in the face of our collective culture and California history, but they are unlawful, discriminatory, and harmful to our communities’ health and well-being.”
“This settlement sends a very clear message that arbitrary vending bans are illegal and untenable.” said Doug Smith, Senior Director of Policy and Legal Strategy at Inclusive Action for the City. “Thanks to the advocacy of vendors and this legal victory, L.A.’s no vending zones are gone, citations are being wiped from vendors’ records, and fines are being refunded in full. Elsewhere, local governments are on notice that any discriminatory vending bans can and will be challenged and struck down.”
“Street vending is part of California’s culture and is supported and protected by state law,” said Elba Serrano, Associate Vice President with East LA Community Corporation (ELACC). “It provides flexible jobs that enliven our streets, encourages walkability and social activity, and bolsters neighborhood safety by adding eyes and ears to our streets and strengthening community connections. The message to the rest of the state is clear: old tools of exclusion are no longer valid; it’s time to embrace street vending as part of our small business economy and remove obstacles to economic opportunity.”
While the settlement is finalized, it still needs to be formally approved by the City Council and Mayor, which plaintiffs expect to happen when the Council returns from recess in August. Once approved, the City will have 90 days to gather all of the citations, identify the individuals eligible for relief under this agreement, and send out the required notices to individual vendors. Individual vendors who received notices, or believe that they paid an eligible citation, will need to call the Citation Processing Center to initiate the refund process.
View the settlement agreement here.
To learn more about Community Power Collective v. City of Los Angeles, click here.
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About Arnold & Porter
With nearly 1,000 lawyers and 14 offices in the U.S., Europe and Asia, Arnold & Porter’s lawyers practice in more than 40 practice groups across the litigation, regulatory and transactional spectrum to help clients with complex needs stay ahead of the challenges they face.
About Community Power Collective
CPC builds power with tenants, street vendors & transit riders in communities of color to create a solidarity economy, win community control of land & housing, and form dignified public systems that facilitate a culture of radical care in Boyle Heights, East LA and the greater Los Angeles Metropolitan area.
About East LA Community Corporation (ELACC)
ELACC is a Boyle Heights-based community development corporation that uses an equitable development model to engage residents traditionally left out of decision-making processes. In addition to affordable housing, they provide financial capability services through their Community Wealth department, which supports sidewalk vendors with free tax preparation, financial coaching, Technical Assistance, and social loans. ELACC is co-founder of the Los Angeles Street Vendor Campaign (LASVC) and has worked with micro-entrepreneurs for over a decade.
About Inclusive Action for the City
Inclusive Action for the City (IAC) is a Community Development Financial Institution and nonprofit organization based in Los Angeles whose mission is to bring people together to build strong local economies that uplift low-income urban communities through advocacy and transformative economic development initiatives. IAC serves the community through policy advocacy, research, consulting services, business coaching, and a lending program, among other efforts. IAC is a co-founder of the Los Angeles Street Vendor Campaign (LASVC) and has worked with street vendors and other small business owners for more than 10 years.
About Public Counsel
Public Counsel is a nonprofit public interest law firm dedicated to advancing civil rights and racial and economic justice, as well as to amplifying the power of our clients through comprehensive legal advocacy. Founded on and strengthened by a pro bono legal service model, our staff and volunteers seek justice through direct legal services, promote healthy and resilient communities through education and outreach, and support community-led efforts to transform unjust systems through litigation and policy advocacy in and beyond Los Angeles.
About Western Center on Law & Poverty
Western Center on Law & Poverty fights in courts, cities, counties, and in the Capitol to secure housing, health care, and a strong safety net for Californians with low incomes, through the lens of economic and racial justice. For more information, visit www.wclp.org.
