On behalf of the Street Vendors Coalition (SVC) in Santa Cruz we want to aid all street vendor families that are dealing with the newly amended ordinance against street vendors selling on Beach Street near the boardwalk. This discriminatory amended ordinance was silently swept through this passed month by Santa Cruz city council members that approved a new permit system for vendors on sidewalks and beaches in a 4-3 vote under the guise of new sidewalk vending reform, permitting process, and public safety and public health concerns.

The ordinance would prohibit and ban all vending on Beach Street between the Wharf and the Boardwalk between April 1, 2022 and Oct. 31, 2022 

That is six months out of the year ( half of the year) that street vendors would again be left out from making a living on Beach Street which is by far their most profitable earning months out of the year (especially during the summer). Street vendors have been defying the ordinance since April 1st and the city of Santa Cruz had recently been giving out notices to vendors as “public education” warning’s and based on that information the city was going to start enforcing the discriminatory ordinance on May, 13, 2022. 

Please help/support by signing and sharing our petition and rescindIng this discriminatory amended ordinance done by our Santa Cruz City council members that don’t uphold or honor the spirit of California State Law/Senate Bill 946 – Safe Sidewalk Vending Act became effective January 1, 2019 and required local agencies (including charter cities) to adopt (FAIR) regulations governing sidewalk vending. 

1.) California cities cannot ban vending in parks.

2.) Cities cannot determine where vendors can operate on sidewalks, unless there is a HEALTH, SAFETY, or WELFARE CONCERN.

3.) STREET VENDORS ARE NO LONGER REQUIRED TO ASK PERMISSION FROM ADJACENT BUSINESS TO OPERATE. 

On behalf of sidewalk vendors selling on beach street in Santa Cruz they have met the several permits legally required, including the county health permits, city business license and parks permits to ensure we are operating in a responsible and in a safe manner. 

The city of Santa Cruz and brick & mortar businesses that sell on Beach Street must honor the SB State Law that states no city or business establishment can ban or prohibit vending on sidewalks and in parks. The city and brick & mortar business that are located on Beach Street are not upholding the spirit of SB State Law in Santa Cruz and in favor and politically influenced by big corporate capitalistic interest, including the Boardwalk (seaside company) who are competing with street vendors financially and making claims to the city council members that street vendors are taking income away from their local Latino / Hispanic employers that work for the Boardwalk (Seaside Company) and other brick & mortar business that sell on Beach Street.

Who owns the Boardwalk in Santa Cruz? “The Santa Cruz Seaside Company OWNERSHIP belongs to the Canfield family who owns the Boardwalk, Cocoanut Grove, Carousel Beach Inn, Sea & Sand Inn, and Boardwalk Bowl are all owned and operated by the Santa Cruz Seaside Company, a private corporation. The Santa Cruz Seaside Company is also part owner/manager of the Chardonnay Il charter sailing yacht.” Who owns the Seaside company? The Canfield family, including chairman and president Charles own the company. 

LINK:  https://news.beachboardwalk.com

Recent History
In 2015 the beach flats garden came under threat of development; and after months of struggle, a large portion was closed down, to be used by the Seaside company. The City of Santa Cruz and the landowner signed a short term lease at that time that has since been renewed. As of winter 2018, the City of Santa Cruz and the Seaside Company have signed a three-year lease for use of the garden. The long term future of the garden is still unknown. Some are concerned that the Seaside Company has too much power as a landlord of many properties in Beach Flats and as a major political player in the city.

LINK: https://beachflatsgarden.org

 

Street Vendors & Beach Vendors that sell on Beach Street have been targeted and triangulated by the city of Santa Cruz, Department of Parks and Recreation, and the SCPD (Santa Cruz Police Department) to help bring more revenue for the Boardwalk (Seaside company) and local brick and mortars that see street vendors as a threat to their profits selling along Beach Street in Santa Cruz. State Law decriminalized vending, with the aim of promoting economic opportunities to low-income and immigrant communities. The law does not allow the city to prohibit sidewalk vendors based on perceived community animus or economic competition and that's the exact scenario that we as street vendors are faced with selling on a monopolized popular (touristic) Beach Street in Santa Cruz.

These entities understand that they cannot ban or determine where vendors can operate on sidewalks, UNLESS there is a HEALTH, SAFETY, or WELFARE CONCERN and since 2020 (COVID) the city of Santa Cruz and the Boardwalk have been actively targeting those areas of concern in order to prohibit and undermine our efforts and livelihoods without causing public alarm or outcry. The city of Santa Cruz has a website page solely dedicated to report health, safety, and welfare concerns against street vendors in their most extremely biased format, encouraging the public and business to report a plethora of concerns that fit the environmental racism narrative against vendors selling on Beach Street.

https://www.cityofsantacruz.com/government/city-departments/planning-and-community-development/sidewalk-food-truck-vending

Please help / support by signing and sharing our petition and resending the newly amended ordinance done by our Santa Cruz City council members that won't uphold or honor the spirit of California State Law / Senate Bill 946 – Safe Sidewalk Vending Act. Street vendors should be allowed to exercise their economic rights, made explicit in the Universal Declaration of Human Rights and other normative frameworks at the international and national levels. Many constitutions guarantee the right to work and/or the right to carry on a trade or business, and street vending organizations have successfully argued in courts of law that governments cannot violate that right by banning street trade. Proponents of economic liberty argue that outlawing street vending violates principles of free and open competition in addition to individual rights to work and non-discrimination.This ordinance would disproportionately impact immigrants and People of Color and further penalize individuals for being low income, Sidewalk vending is a culturally significant means of income for immigrant families and an accessible entry into entrepreneurship for low-income individuals. We can also argue that the ordinance was too strict, citing restrictions on how far away (in feet) vendors must be from the curb, from any buildings, from other vendors, from bus stops, from fire hydrants, from public restrooms, from major intersections, from a public trash can, etc.

These are the alleged concerns and issues that were displayed on the city of Santa Cruz website since last year which was dedicated to the public only to report vendor “concerns” regarding HEALTH, SAFETY, and WELFARE CONCERN on Beach Street was used again this year as proof/ evidence against vendors at the Santa Cruz city council meeting in which the newly discriminatory amended ordinance was based on:

1.) Street Vendors are responsible for foodborne illnesses.

(There is not a single report or complaint of anybody experiencing a food borne illness.)

2.) Street Vendors block emergency access or public access to the beach

(See below for SVC response) 

3.) Street vendors are responsible for uncollected trash. 

(The Boardwalk & Parks and Recreation in Santa Cruz are responsible for all uncollected trash but have been highly understaffed since 2020 (COVID) but have the nerve to blame the vendors and not see the logical reasons for uncollected trash.  (Tourist and homeless population).  

4.) Street vendors merchandise is detrimental to the environment 

(See below for SVC response) 

5.) Street vendors create blockages to stormwater management and cause other sensitive concerns  

(See below for SVC response) 

The following is a list of alleged HEALTH, SAFETY, and WELFARE concerns discussed in the Santa Cruz city council meeting on March, 22, 2022 in which the newly discriminatory amended ordinance was based on: WATCH THE CITY OF SANTA CRUZ MEETING ON (3/22/2022) LINK BELOW 3/22/2022

https://m.youtube.com/watch?v=N2pQ_zhF5LU&list=PLo9N9AsVOVvRHxhItEBaP3eI7Rmz8ywBT&index=4

1.) Street vendors allegedly dumping oils and other hazards into the storming drains and allegedly not disposing of trash properly, vendors contribute to more trash in the city of Santa Cruz. 

SVC Response: As street vendors working on Beach Street we have a certified kitchen at our expense to dispose of all our waste properly, which is legally required and frequently regulated and checked on by the Santa Cruz County health department and our contracts and dues to these agencies.   

2.) “Turf wars” between restaurants and vendors alike. 

SVC Response: Since 2020 we as street vendors have been harassed and assaulted by brick and mortar businesses on Beach Street in Santa Cruz due to economic competition and greed; the most recent hate crime attack that went viral on social media / major news outlets and received national attention over The Falafel Hut Restaurant owner who assaulted a vendor mother and minor daughter. Although there have been a few instances regarding individual vendors staking claim for the '‘first come first served” spots available on Beach Street the major threats and problems have arisen from well known xenophobic local vendors (localism) who hold anti immigration sentiments (since TRUMP ERA) against immigrant vendors and have created a hostile work environment for migrant vendor families who choose to sell on Beach Street. Localism is a big problem in Santa Cruz and our collective has realized how racist this sentiment has become, especially against undocumented migrates that come here to work.Santa Cruz is a predominantly white class and there are a lot of “locals'' who mimic racist sentiments against immigrant families in Santa Cruz. 

3.) Street vendors do not have the required business license and health permits required by the health department.

SVCoalition Response: Although most permits have been covered by most vendors, having to show a social security number to agencies this year in order to get said permit prevents vulnerable vendors from making a living in Santa Cruz with the threat of ICE and immigration upon them. This assumptions are done intentionally to prohibit vendors selling on Beach Street. Santa Cruz is said to be a liberal city and a sanctuary city for immigrants but this ordinance shows otherwise to immigrant workers living in Santa Cruz. 

4.) Street vendors' families are trafficking children to work for them and their businesses. 

SVC Response: The force of immigration policies that imbued every encounter with the police with the threat of permanent expulsion. This type of threat reflects a type of structural violence that appears in other contexts involving the police/ immigration (ICE) and has, in turn, formed the basis of a critique of modern policing.  The reality has been that even minor contact with the criminal justice system can lead to an array of immigration consequences including removal from the United States. In 2018, California Governor Jerry Brown signed into law the Safe Sidewalk Vending Act (SSVA).See Senate Bill 946 (Sept. 17, 2018) (codified at California Government Code § 51036).... THIS LAW DECRIMINALIZES SIDEWALK VENDING. LAWMAKERS PRESENTED THIS LAW AS AN IMPORTANT EFFORT TO PROTECT UNAUTHORIZED IMMIGRANTS WHO WORK IN THE INFORMAL ECONOMY.

We've had the honor to meet a lot of children and teenagers that work alongside their parents and this claim by city council member Renee Golder adds a layer of racism and discrimination against indigenous families making a honest living in Santa Cruz. The Boardwalk staff and employees are a majority Latino/ Hispanic (Mexican) and reside at the Beach Flats and in Santa Cruz. They hire as young as 14 year olds to work for them starting at minimum wage. 

5.) Street vendors that sell on beach street add to congestion to already crowded sidewalk spaces which in turn forces pedestrians on to the bike lane. This issue forces bicycles onto the road which creates a hazard. 

SVC Response: 

a.) Not one bicycle association, club, or team has made a report or commented at the city council meeting about this assumed concern about congestion on sidewalk space which in turn forces pedestrians on the bike lane. What about tourists or people in general that voluntarily use the bike lane to avoid the slower paced people on the sidewalk? Let alone the runners and joggers that use the bike lane constantly to go at a faster pace.  

b.) The newly discriminatory ordinance does not limit the number of permits the city can issue and this unfortunately has negative results. While the City Council members made the permits cheaper (after significantly decreasing their projected profits this summer on Beach Street after the ordinance was passed ) this summer from $400 to $30 they have not limited the permits but have increased the number of vendors competing for the limited spots creating overcrowding and congestion among vendors. Unregulated number of permits is only hurting the same population SB 946 aimed to protect. Street Vendors are also banned and prohibited in neighborhoods, Farmers Markets, selling along the Wharf and all of West Cliff which IF regulated and allowed would help by spreading vendors out and it not be so congested on high traffic foot areas like Beach Street. 

c.) Also the sheer number (thousands) of tourists during the summer create traffic jams and block public access to the beach all summer long. Who’s bringing and attracting these people? The answer is simple; the city of Santa Cruz / Boardwalk and businesses that spend a pretty penny on advertising each year during the summer. Street vending was till recently looked upon only as an obstruction to traffic and to people walking. However with the effort of many organizations it is now recognized as a general benefit and as a right of people to earn their livelihood. The public access to the beach can never be blocked due to the multiple entrances/ access to the coastal waters throughout the coast. No emergency access has been blocked by vendors but tourists who create foot/ car traffic significantly increase the highest congested areas of concern during the crowded summers in Santa Cruz. Tourists alone walk in the bike lane to avoid the crowded sidewalks and also runners and joggers use the bike lane to walk faster than the pedestrians but street vendors are blamed for just about everything.

6.) Street vendors are taking jobs and income away from local Hispanic / Latino employers that work for the Boardwalk, Seaside Company, and local brick & mortar businesses selling on Beach Street. LINK TO ARTICLE: https://www.msn.com/en-us/news/us/sidewalk-vending-reform-back-on-table-for-santa-cruz/ar-AAVioZh

 

SCV Response: This argument is so untrue it sounds like the familiar “THEY ARE TALKING ARE JOBS AWAY” argument that Americans have falsey made claims for the immigrant community but this time this argument is focusing their efforts “looking out” for the brown employed local community in santa cruz against the entrepreneur indigenous vendors who are not multimillion corporations who hire low income hispanic/ latino demographic to work for them. 

Link: https://critical-sustainabilities.ucsc.edu/beach-flats-community-garden/

Our vendors have been and are currently hurting. The very same people and small businesses who make our communities vibrant and alive suddenly found themselves without any income in the wake of the 2020 COVID-19 outbreak. While many small businesses have received support from both local and federal governments in order to weather this storm, street vendors (especially undocumented vendors) have not as privileged to attain equality.

Focusing on the racial justice implications of the decriminalization of street vending can deepen and broaden the critique street vending advocates have offered. While economic productivity and criminal deviance dominate policy debates about immigrants, the street vending example shows this distinction is flimsy and false. Rather than embracing the identity of “entrepreneur,” which uncritically perpetuates a capitalist economy predicated on neoliberal principles and the ethics of “individual responsibility,” analytically examining street vending can advance ideas that are more critical of the structural elements of poverty and exploitation. Because street vending was restructured to remove criminal law from the day-to-day regulation of these economic activities, analyzing street vending stimulates broader debates about criminal law reform. Critically analyzing street vending with a racial justice perspective provides the chance to link the struggle of food cart vendors in Los Angeles to the tragic death of Eric Garner, who died selling cigarettes on the streets of New York. We are committed to protect any street vendor that is working in Santa Cruz County, they don’t have to be from here to sell here. We will not tolerate or allow anymore physical attacks or harassment towards street vendors trying to make a living to support themselves and their families.

Please help/ support by signing our petition and rescinding the newly amended ordinance done by our Santa Cruz city council members that don’t uphold or honor the spirit of California State Law/ Senate Bill 946 – Safe Sidewalk Vending Act.

History 

Street vending became prominent in the latter half of the 19th century, after California became a state in 1850.[1] Mexican and Chinese immigrants were some of the first street vendors in 1870. By 1890, the city tried to restrict their movement, but the food proved to be too popular.

https://en.wikipedia.org/wiki/Street_vending_in_Los_Angeles