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No More ‘No-Vending’ Zones, New County Health Permits And More For LA Street Vendors

Published Feb 6, 2024 5:00 AM

Tuesday is shaping up to be a big day for L.A. street vendors — and the customers who buy their hot dogs, tacos, fruit salads and countless other products.

Tuesday morning the Los Angeles City Council voted unanimously 15-0 in favor of an ordinance that eliminates several so-called “no-vending” zones where street vending is prohibited, including on the busy Hollywood Walk of Fame.

Street vendors who’ve long opposed no-vending zones said they welcomed the ordinance.

Alvarado is among the street vendors who sued the city over no-vending zones in late 2022. The lawsuit alleges that no-vending zones conflict with SB 946, the 2018 state law that decriminalized street vending. Trial in the lawsuit is set to begin Feb. 15; street vendor plaintiffs and their advocates said that while they cheer the ordinance, they want the trial to continue.

City officials said the city ordinance could take effect in 31-40 days, depending on when Mayor Karen Bass signs it.

No-vending zones and tickets

The Los Angeles area is home to an estimated 50,000 street vendors, 10,000 of whom sell food. Over the decades, L.A.’s street vendor carts have become an integral part of the city’s culinary scene, selling everything from sliced mango to the ubiquitous bacon-wrapped hot dog that has become an emblem of L.A. street food.

After years of lobbying by street vendors and their advocates, Los Angeles decriminalized street vending in late 2018, as did the state of California. But it’s taken years for local jurisdictions to work out and finesse city and county regulations.

While street vending was decriminalized in most of the city of Los Angeles, eight busy and lucrative areas like the Hollywood Walk of Fame, Dodger Stadium, Universal CityWalk and several others remained off limits; vendors have since been prohibited from setting up within 500 feet of these areas, and those who do are ticketed.

The city ordinance eliminates these blanket no-vending areas, allowing street vendors to do business there; however, it would still allow no-vending zones to be set up for health or safety reasons “if there’s a farmer’s market, or there’s filming, or around schools,” said L.A. city councilmember Hugo Soto-Martínez, whose district includes Hollywood Boulevard.

Katie McKeon, an attorney with the Western Center on Law and Poverty who is representing the vendors in the case against the city, said she sees Tuesday’s city council vote as affirmation that no-vending zones shouldn’t exist.

“The way that I see the city’s actions is that they are worried about losing in court and they would prefer that a judge not rule on this case,” McKeon said. “And so they are making this 11th hour move in order to try to make the lawsuit go away.”

In response to street vendor lawsuit, City Council members acknowledge the need to bring L.A.’s street vending ordinance into legal compliance, but the proposal still falls short.

In response to street vendor lawsuit, City Council members acknowledge the need to bring L.A.’s street vending ordinance into legal compliance, but the proposal still falls short.

Los Angeles – On Friday, October 20, 2023, a motion was introduced in Los Angeles City Council calling for the City’s Sidewalk Vending Ordinance to be amended in order to comply with state law. Currently, the City’s Sidewalk Vending Ordinance excludes sidewalk vendors from 9 City areas representing some of the most popular pedestrian areas of the City, including the Hollywood Walk of Fame. The motion proposes City officials create new vending rules for Hollywood Boulevard and the Hollywood Bowl, to be crafted in consultation with the vending community.

The No Vending Zones in the City’s Sidewalk Vending Ordinance, along with several other restrictive regulations, are currently the subject of a lawsuit filed in December 2022 by sidewalk vendors and sidewalk vendor advocates. The judge overseeing this lawsuit made an early ruling indicating that he found little justification for Los Angeles’ regulations under state law. Trial is set for February 2024.

We share the general goals described in this motion –  to create a lawful and successful sidewalk vending program that balances legitimate safety considerations with economic inclusion. In fact, street vendors have long been proposing these exact ideas, and have advocated tirelessly for inclusive and transparent policies that would allow these small businesses to operate with dignity and safety. So while it should not have required our lawsuit to motivate these actions, we appreciate the support of the council members authoring this motion, as well as this express acknowledgement that the City must bring its ordinance into legal compliance.

But this motion does not actually propose to eliminate the unlawful No Vending Zones, and it risks repeating the process that resulted in the illegal restrictions in the first place. The motion does not immediately end the City’s unjust exclusion of vendors from entire neighborhoods, nor does it address the deep financial, emotional, and psychological harms experienced by vendors from years of draconian enforcement of these unlawful and exclusionary policies. The motion does not address the illegal citation practices of the Bureau of Street Services (StreetsLA) over the past four years, or provide redress to vending businesses that have been harmed by StreetsLA’s retaliatory actions. The motion does not address the other regulations we challenge in our lawsuit, including the unnecessary and potentially illegal buffer zones around swap meets and schools. Ultimately, the motion may lead to an unnecessary patchwork of confusing policies, still not aligned with state law.

Vendors cannot afford to continue to rack up thousands of dollars in illegitimate fines while a motion works its way through multiple committees and politicized discussions. Half-measure steps in the right direction will not resolve the litigation. Therefore, our lawsuit will proceed until the foundational legal issues underlying our case are resolved. And we will vigorously oppose any effort to use this motion, and its protracted timeline,  as justification for delaying full resolution of our legal claims. We continue to welcome a conversation with the City that centers the voices and experiences of vendors, but we are not deterred from pursuing our strong legal claims and we are confident that we will prevail in court if necessary.

 

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Community Power Collective: Community Power Collective builds power with low-income workers and tenants through transformative organizing to win economic justice, community control of land and housing, and to propagate systems of cooperation in Boyle Heights and the greater LA region.

East LA Community Corporation: 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.

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 and has worked with street vendors and other small business owners for more than 10 years.

Public Counsel: Founded in 1970, Public Counsel is the nation’s largest provider of pro bono legal services, utilizing an innovative legal model to promote justice, hope, and opportunity in lower-income and communities of color in Los Angeles and across the nation. Through groundbreaking civil rights litigation, community building, advocacy, and policy change, as well as wide-ranging direct legal services that annually help thousands of people experiencing poverty, Public Counsel has fought to secure equal justice and opportunity for all for more than 50 years.

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.

Western Center’s 2022 Legislative Agenda  

Western Center’s policy advocates are hard at work in Sacramento to pass this year’s slate of bills to make California better for everyone. Here is our full 2022 Legislative Agenda.

HOMELESSNESS

AB 1816 (Bryan): Reentry Housing and Workforce Development Program

(co-sponsored with Housing California, Corporation for Supportive Housing, Californians for Safety and Justice, People Assisting the Homeless (PATH), and Los Angeles Regional Reentry Partnership)

This bill will establish a funding source for permanent affordable housing and workforce development for formerly incarcerated people at risk of or currently experiencing homelessness. The bill is necessary to support people reentering society after incarceration to reduce recidivism and homelessness – 70 percent of Californians experiencing homelessness have a history of incarceration.

AB 2230 (Gipson) – CalWORKs: Temporary Shelter and Permanent Housing Benefits

(co-sponsored with Coalition of California Welfare Rights Organizations)

This bill will make significant improvements in the CalWORKs Homeless Assistance Program (HAP) to minimize homelessness that CalWORKs families experience by repealing the limitations for receiving assistance through HAP. HAP is meant to assist families who have become unhoused and need immediate assistance. It is Western Center’s firm belief that families should not be burdened with additional program requirements to receive critical assistance for the health and safety of their family.

AB 2339 (Bloom): Emergency Shelters

(co-sponsored with California Rural Legal Assistance Foundation and the Public Interest Law Project)

There are upwards of 160,000 people experiencing homelessness in California, and 72% are completely unsheltered. While some California localities provide enough shelter beds, in others, there are either no shelter beds or only a small number. AB 2339 strengthens housing element law to ensure that zones identified for shelters and other interim housing are suitable and available. The bill also requires jurisdictions to demonstrate sufficient capacity on the sites to meet the identified need for interim housing for those experiencing homelessness.

SB 1017 (Eggman): Keeping Survivors Housed

(co-sponsored with California Partnership to End Domestic Violence, Crime Survivors for Safety and Justice, Dr. Beatriz Maria Solis Policy Institute – Women’s Foundation of California, Family Violence Appellate Project)

This bill allows domestic violence survivors who are tenants to maintain their current housing and avoid eviction by expanding allowable documentation for lease termination policies, allowing survivors to use eviction protections when the abusive person is on the lease but no longer residing in the residence, and by allowing survivors who live with an abusive person to remain in the unit on the same lease terms while removing the abusive person.

California Emergency Rental Assistance Program

While not a bill, Western Center and California Rural Legal Assistance Foundation are working to obtain an extension of the current eviction protections implemented in response to the pandemic. To prevent mass evictions, displacement, and economic instability, the state must extend these protections as hundreds of thousands of tenants wait for rental assistance from the state’s Emergency Rental Assistance Program.

HOUSING

AB 1911 (Gabriel): Affordable Housing Preservation Tax Credit

(co-sponsored with California Housing Partnership, California Coalition for Rural Housing, Non-Profit Housing Association of Northern California and San Diego Housing Federation)

AB 1911 creates an Affordable Housing Preservation Tax Credit to support the preservation of tens of thousands of affordable housing units at risk of converting to market rate housing or displacing low-income tenants. California cannot afford to lose tens of thousands of affordable housing units in the midst of our current housing crisis. A targeted tax credit that encourages property owners to sell to affordable housing developers committed to long-term affordability would allow thousands of lower-income households to stay in their homes.

AB 2597 (Bloom, E. Garcia): Cool and Healthy Homes

(co-sponsored with California Rural Legal Assistance Foundation, Inner City Law Center, Leadership Council, Regional Asthma Management and Prevention (RAMP)

AB 2597 will address a long-standing issue that is rapidly exacerbated by human-induced climate change: the safety of renters in their homes when outdoor temperatures rise. Excessive heat has a negative impact on health and quality of life and leads to an increasing number of deaths. State law has long required that rental units be able to maintain a safe indoor air temperature when it’s cold outside, but there is no analogous requirement that applies when the weather is hot. This gap leaves many renters living in homes that reach unhealthy and often dangerous temperatures indoors and disproportionately impacts low-income households and people of color. AB 2597 will update the state’s habitability standards to ensure that all rental units have a means of maintaining a safe indoor air temperature regardless of the temperature outside.

AB 2713 (Wicks): Tenant Protections: Just Cause Termination: Rent Caps

(co-sponsored with California Rural Legal Assistance Foundation)

This bill cleans up loopholes in AB 1482, California’s first statewide just cause eviction protection and anti-rent gouging law. Since AB 1482 was enacted in 2019, several key loopholes (owner move-in, substantial renovation, and intent to remove the unit from the rental market) have been exploited by landlords attempting to evict vulnerable tenants. This law will require owners attempting to evict tenants for owner move-in to move into the unit within 90 days and stay at the unit for a minimum of three years. For owners attempting to evict based on substantial renovation, it will require owners to obtain the necessary permits for the renovations and justify why the improvements cannot be completed with the tenants in place. For evictions based on withdrawal from the rental market, the owner will be required to clearly explain in the notice to the tenant what the alternative use of the property will be and the necessary permits to convert the unit to the intended use. If the landlord does not meet those conditions post eviction, the tenant has the right to rent the unit under the previous terms of the agreement.

SCA 2 (Allen, Wiener): Public Housing Projects Two-year bill

(co-sponsored with California Rural Legal Assistance Foundation, California Coalition for Rural Housing, California Housing Consortium, California Housing Partnership, California Association of Realtors, California YIMBY, Housing California, Nonprofit Housing Association of Northern California, and Southern California Association of Nonprofit Housing)

SCA 2 will place the repeal of Article 34 of the California Constitution on the ballot. Passed by voters in 1950, Article 34 requires a majority approval by the voters of a city or county for the development, construction, or acquisition of publicly subsidized housing. For decades the requirement has stifled the development of subsidized housing creating and perpetuating racially and economically segregated communities. The passage of SCA 2 would give voters an opportunity to eliminate an obstacle, enshrined in our Constitution, which currently undermines the ability to address California’s acute housing and homelessness challenges.

HEALTH CARE

AB 470 (Carrillo): Eliminating the Non-MAGI Assets LimitTwo-year bill

(co-sponsored with Justice in Aging)

This bill will clean up code for when the Medi-Cal assets test is eliminated on January 1, 2024, following the 2021 budget agreement that also raises the asset limits effective July 1, 2022.

AB 1355 (Levine): Expanding Independent Medical ReviewTwo-year bill

This bill will ensure more fairness in the Medi-Cal appeals process by expanding Independent Medical Reviews to all Medi-Cal members and services, and by standardizing the process state departments must follow when alternating judges’ decisions in fair hearings. Independent Medical Reviews use medical professionals with expertise in the medical service at issue, resulting in more favorable and clinically sound outcomes for patients than plan appeals and state fair hearings.

AB 1900 (Arambula): Share of Cost Reform

(co-sponsored with Bet Tzedek, California Advocates for Nursing Home Reform, Disability Rights California, Justice in Aging, and Senior and Disability Action)

This bill will make the Medi-Cal Share of Cost program more affordable by updating the maintenance need levels to 138% of the federal poverty level. Today, older adults and people with disabilities who are just $1 over the free Medi-Cal limit are forced to pay over $800 of their monthly income on health care and are expected to survive on just $600—the maintenance need level—to pay for rent, food, utilities, and all other expenses.

AB 1995 (Arambula): Eliminating Med-Cal Premiums

(co-sponsored with Children Now)

Medi-Cal premium requirements place an undue economic burden on families already living on very limited incomes and create barriers in access to care and unnecessary breaks in coverage for eligible individuals. This bill will ensure pregnant people, children, and people with disabilities can access the health care services they need to stay healthy by eliminating their monthly Medi-Cal premiums.

SB 644 (Leyva): Connecting Unemployed Individuals to Covered California & Medi-Cal

(co-sponsored with Health Access and California Pan-Ethnic Health Network)

This bill will require the Employment Development Department (EDD) to share with Covered California contact and income information about people who have recently applied for or lost unemployment, state disability insurance, paid family leave, and other EDD programs. This will allow Covered California to reach out and help enroll individuals in Medi-Cal or Covered California.

SB 923 (Wiener): Access to Gender Affirming Care

(co-sponsored with Break The Binary LLC, California LGBTQ Health and Human Services Network, California TRANScends, Equality California, Gender Justice LA, National Health Law Program, Orange County TransLatinas, Queer Works, Rainbow Pride Youth Alliance, San Francisco Office of Transgender Initiatives, The TransPower Project, TransCanWork, Trans Community Project, Transgender Health and Wellness Center, Tranz of Anarchii INC, Unique Woman’s Coalition (UWC), and Unity Hope)

This bill will improve access to gender affirming care for transgender, gender non-conforming, and intersex (TGI) people by mandating health plans require TGI cultural competency training for contracted providers, their staff, and the staff of health plans. It would also require plan provider directories to identify providers who offer gender affirming services.

FINANCIAL SECURITY

AB 1820 (Arambula): Labor Trafficking

(co-sponsored with Loyola Law School, SJI Anti-Trafficking Policy Initiative)

California has one of the highest rates of human trafficking in the nation, yet only two state agencies, the Department of Justice and the Department of Fair Employment and Housing, are responsible for prosecuting human trafficking cases. This bill will provide the Department of Industrial Relations with statutory authority to investigate and prosecute claims of human labor trafficking. This a priority for Western Center because many workers who are victims of labor trafficking are exploited because of poverty.

AB 2052 (Quirk-Silva): CalWORKs Child Education Act of 2022

(co-sponsored with Coalition of California Welfare Rights Organizations)

The pandemic has impacted the timeliness with which some children can complete high school. This bill will allow children receiving CalWORKs to obtain aid until age 20 if they are attending their last year of high school.

AB 2300 (Kalra): CalWORKs and CalFresh: Work Requirements

(co-sponsored with Legal Aid at Work, Women’s Foundation of California, and WorkSafe)

This bill will expand good cause exemptions for the CalWORKs welfare to work program to allow parents with children under two years old not to participate in welfare to work for up to 12 months. This bill incorporates many legal protections created by the legislature, like the Crown Act and domestic worker protections, into CalWORKs.

AB 2277 (Reyes): CalWORKs for Survivors of Domestic Violence

(co-sponsored with Coalition of California Welfare Rights Organizations)

This bill will remove barriers for accessing the CalWORKs program a critical social service that assists families in financial need, by waiving program requirements for survivors of domestic violence. Currently, counties have the authority to waive CalWORKs program requirements for survivors of domestic violence. However, despite their ability to do so, many counties do not. This bill will require counties to waive the requirements.

SB 996 (Kamlager): CalWORKs Asset Test and Work Limit

(co-sponsored with Coalition of California Welfare Rights Organization)

This bill will eliminate the eligibility requirement for CalWORKs families to prove that they have less than $10,211 in their possession, and the 100-hour rule which requires parents to work no more than 100 hours to qualify for the program. Removing these archaic requirements will ensure that all eligible CalWORKs families can access the social service.

SB 972 (Gonzalez): Street Vendors

(co-sponsored with Coalition for Humane Immigrant Rights (CHIRLA), Community Power Collective, Inclusive Action for the City, Insurance Commissioner Ricardo Lara, Public Counsel)

Street vendors are a part of California’s culture and have been for decades. In recent years, street vendors became part of the formal economy with the decriminalization of street vending in 2018. However, many street vendors who sell food are unable to obtain health permits from their local county health departments, so this bill will modernize the California Retail Food Code to reduce barriers for street vendors to obtain local health permits. Creating this pathway will allow street vendors to further enter the formal economy and put an end to fines issued to these entrepreneurs with limited incomes.

SB 1200 (Skinner): Enforcement of Judgments: Renewal and Interest

This bill will reduce the interest rate on unpaid debt from 10 percent annually to 3 percent annually. New York became the first state to reduce the interest rate on debt and California should follow the example.

ACCESS TO JUSTICE

AB 1792 (Ward): Diversification of Grand Juries

Grand Juries play a critical role in the lives of Californians involved in the legal system — particularly people of color and those living in poverty who are over-policed. Currently, juries are disproportionately made up of retirees who can afford to take time off to serve. AB 1972 will diversify grand juries in California so they are representative of their populations and will ensure people are fairly compensated when they serve so jury duty is more accessible for Californians with low incomes.

 

 

 

 

Western Center Roundup – February 2022

Western Center’s Legislative Agenda and Celebrating Blackness This Month and Every Month!


Our 2022 Legislative Agenda 

The bills are in, and Western Center’s policy advocates are hard at work in Sacramento to pass this year’s slate of bills to make California better for everyone. Here is our full 2022 Legislative Agenda, and here are a few of the highlights:

AB 1816 (Bryan): Reentry Housing and Workforce Development Program (co-sponsored with Housing California, Corporation for Supportive Housing, Californians for Safety and Justice, People Assisting the Homeless (PATH), and Los Angeles Regional Reentry Partnership) — This bill will establish a funding source for permanent affordable housing and workforce development for formerly incarcerated people at risk of or currently experiencing homelessness. This bill is necessary to support people reentering society after incarceration to reduce recidivism and homelessness — 70 percent of people experiencing homelessness in California have a history of incarceration.

AB 1995 (Arambula): Eliminating Med-Cal Premiums (co-sponsored with Children Now) — Medi-Cal premium requirements place an undue economic burden on families living on very limited incomes, and create barriers in access to care and unnecessary breaks in coverage for eligible individuals. This bill will ensure pregnant people, children, and people with disabilities can access the health care services they need to stay healthy by eliminating their monthly Medi-Cal premiums.

SB 972 (Gonzalez): Street Vendors (co-sponsored with Coalition for Humane Immigrant Rights (CHIRLA), Community Power Collective, Inclusive Action for the City, Insurance Commissioner Ricardo Lara, Public Counsel) — Street vendors are a part of California’s culture and have been for decades. In recent years, street vendors became part of the formal economy with the decriminalization of street vending in 2018. However, many street vendors who sell food are unable to obtain health permits from their local county health departments, so this bill will modernize the California Retail Food Code to reduce barriers for street vendors to obtain local health permits. Creating this pathway will allow street vendors to further enter the formal economy and put an end to fines issued to these entrepreneurs with limited incomes. Additionally, as the Los Angeles Food Policy Council points out, street vendors also “provide communities with delicious foods, including fresh fruits and vegetables. In food desert communities – and particularly in the absence of healthy food retail development – fruit and vegetable sidewalk vendors can help to fill a void by providing fresh food to the local community that may struggle to access them otherwise.”


Black History All Day Every Day

As we come to the end of Black History Month, we want to reiterate that the celebration of Blackness does not end with February! We are here to celebrate, honor, and uplift Black people at all times, in all of our work. This country and state would not be here without the contributions of Black people, and as we head into March, we want to leave you with some Black excellence and history to explore!

  • First, in a historic moment for this country, Judge Ketanji Brown Jackson has been nominated by President Biden for placement on the Supreme Court, making her the first Black woman ever nominated.
  • In a huge step for racial justice in California, Bruce’s Beach, which was once a Black beach resort owned by Willa and Charles Bruce but was seized by the Manhattan Beach city council a century ago, will finally be returned to the Bruce family.
  • The Sacramento Bee published its ‘Top 25 Black Change Makers’ roster as part of its Equity Lab project, in partnership with the Nehemiah Emerging Leaders Program. “These individuals stand out as innovative problem-solvers. They find solutions for critical issues in our communities through their respective lines of work. They are dynamic leaders who infuse history and culture in the work they do.”
  • Visit California shared ‘Black History in California You Don’t Know About,’ where you can learn about “lesser-known California tours, businesses, and stories that have played a momentous role in U.S. history and Black culture.”
  • The California Health Care Foundation recently released a report, “In Their Own Words: Black Californians on Racism and Health Care,” which is the result of phase one of its three-phase Listening to Black Californians study designed to better understand the health and health care experiences of Black Californians. The research was designed, conducted, and analyzed by EVITARUS, a Black-owned public opinion research firm in Los Angeles. Along with our community partners Dr. David Carlisle of Charles Drew University, Dr. Noha Aboelata of Roots Community Clinic and others, Western Center’s Executive Director, Crystal D. Crawford, is a member of the advisory group for this powerful study.

And In Case You Missed It…    

We love leaving you with a good Western Center read to round out the month, and today is no exception. In case you missed our latest blog post by Kathryn Evans, Western Center’s Associate Director of Individual Giving, check it out! Kathryn wrote the piece for World Day of Social Justice on February 20th, reflecting on the need for Californians to look close to home and explore the many ways to fight for justice and equality here in our own state.