Tag Archives: SB 946

Hollywood Property Owners Alliance, Street Vending

Lying Zillionaires Lie About Street Food In Hollywood — Hollywood Property Owners’ Alliance And Hollywood Chamber Of Commerce Submit Doctored Anti-Vendor Photos And Mendacious Letter To City Council — Oppose Street Food Because Hotdoguero Putatively Under The Influence Of Marijuana While Cooking — As If The Kitchens Of Every Ritzy Restaurant On The Boulevard Weren’t Hotbeds Of Cocaine Abuse, Rape, And Sadistic Brutality — The Three Central Back Of The House Traditions Of The Fine Dining Industry

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I’ve been covering the dishonest, fever-pitched, chainsaw-screech opposition of the business improvement districts of Los Angeles to this City’s miraculous, one-of-a-kind, irreplaceable street vendors since the Spring of 2015. And they will lie, they will pay their minions to lie, they will whine, and so on. And the Hollywood Chamber of Commerce is no better. E.g. its so-called CEO, Leron Gubler, recently wrote a racist screed to the LA City Council claiming that the value of Hollywood Boulevard as a world-class tourist attraction was being depleted due to too many “third world bazaar” type people selling yummy food on the sidewalks.1

And, as you no doubt know, all of this nonsense had the effect of dragging out the City’s attempts at legalizing vending for years, leading State Senator Ricardo Lara to introduce a bill forbidding cities in California from banning vending. This was signed into law by Jerry Brown in September and immediately moved the Los Angeles street vending debate into a different dimension. Lara’s bill prohibits restricting vending on the basis of anything other than objective health, welfare, and safety concerns. And the City is working on a regulatory system that putatively complies with these new limitations.

So the BIDdies have retrenched, given up on banning vendors in most parts of the City, and, in a bizarre Satanic inversion of Jesus’s cleansing of the temple, are concentrating on keeping a very few of their high and holy places, like Hollywood Boulevard, safe for the moneychangers by preventing infestations of the wrong kind of people selling cheap and yummy food2 in a “third world bazaar” type atmosphere. This is as opposed to the expensive and crappy food that the BIDdies prefer to be sold to tourists in Hollywood.3

And to do this, of course, they’re now required to argue that they’re motivated solely by objective health, welfare, and safety concerns rather than the real reasons, chief among which is their unhinged racism. Which brings us to November 27, 2018, when Leron Gubler submitted yet another letter to the Council File, accompanied by some photos supplied by the Hollywood Property Owners’ Alliance, pushing the theory that vending on Hollywood Boulevard is unhealthy, unsafe, and contributes to illfare,4 and so should be banned.
Continue reading Lying Zillionaires Lie About Street Food In Hollywood — Hollywood Property Owners’ Alliance And Hollywood Chamber Of Commerce Submit Doctored Anti-Vendor Photos And Mendacious Letter To City Council — Oppose Street Food Because Hotdoguero Putatively Under The Influence Of Marijuana While Cooking — As If The Kitchens Of Every Ritzy Restaurant On The Boulevard Weren’t Hotbeds Of Cocaine Abuse, Rape, And Sadistic Brutality — The Three Central Back Of The House Traditions Of The Fine Dining Industry →

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Los Angeles City Council, Street Vending

City Attorney Submits Proposed Street Vending Ordinance To Council — Mostly Kicks Can Down Road To 2020 By Instructing Rec and Parks And BSS To Write Regulations For Council Approval — But Does Include Hard-Coded Ban Of Vending At Venice Beach, Pueblo De Los Angeles, And Within 500 Feet Of Walk Of Fame, Dodger Stadium, Hollywood Bowl, Coliseum, Staples Center On Event Days

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September 2018 — A taquera Oaxaqueña plies her trade on Vermont Avenue north of Slauson.
In September Jerry Brown signed into law Ricardo Lara’s monumental SB 946, basically invalidating all municipal bans on street vending in California. One week later the Los Angeles City Council instructed the City Attorney to draft a compliant ordinance. And yesterday the City Attorney’s drafts5 hit the Council File. You can read the drafts for yourself:

These also came with a report from the City Attorney.

The main difference between the drafts seems to be that in the first version the Bureau of Street Services will be responsible for licensing vendors and enforcement won’t start until 2020. In the second version the City will choose a private contractor to administer the program. There may be other differences that I didn’t notice.

In neither case is it possible to tell right now what legalized street vending will look like in Los Angeles. Both drafts require Recreation and Parks and the Bureau of Street Services to draw up detailed regulations for vending in parks and on the streets respectively, and what these will look like is almost completely undetermined by the language of the ordinances. Although, if the earlier-announced positions of Rec and Parks and of BSS are going to be implemented, we’re in for another long ugly fight which will probably include more lawsuits.

Despite the inchoate character of these drafts, though, it seems that there are some prohibitions which the City Attorney feels are too important to be left up to the vagaries of the administrative rule-making process. These are as listed in the headline, and as transcribed and discussed below after the break.
Continue reading City Attorney Submits Proposed Street Vending Ordinance To Council — Mostly Kicks Can Down Road To 2020 By Instructing Rec and Parks And BSS To Write Regulations For Council Approval — But Does Include Hard-Coded Ban Of Vending At Venice Beach, Pueblo De Los Angeles, And Within 500 Feet Of Walk Of Fame, Dodger Stadium, Hollywood Bowl, Coliseum, Staples Center On Event Days →

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Los Angeles City Government, Street Vending

City Council Continues Its Long Slide Into Delusion With Respect To Street Vending Regulation As Rec And Parks Files Proposed Rules — Banning Vendors Within 250 Feet Of Playgrounds, Bathrooms, Buildings — Within 500 Feet Of Senior Centers — Which Would Keep Them Altogether Out Of Most Parks In Los Angeles — This Is Obviously Not “Narrowly Tailored To Meet Safety, Health, And Welfare Concerns” — The City Is Begging For Yet Another Lawsuit

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In September Jerry Brown effectively ended almost a decade’s worth of lunatic zillionaire opposition to street vending in Los Angeles when he signed into law Ricardo Lara’s monumental SB-946, which puts really strict limits on what municipalities can do to regulate vendors. In particular the law explicitly forbids cities to ban street vending anywhere other than for reasons “[d]irectly related to objective health, safety, or welfare concerns.”

And briefly it appeared that the City Council was going to try seriously to meet the challenge of developing compliant regulations But then things, as they often will do over at 200 N. Spring Street, rapidly devolved into fractious fractionated factionalism, with each Councilmember rushing about adding ad hoc restrictions, limitations, and so on at the mere behest of any zillionaire with $700 to kick into the old officeholder account. And yesterday this trend went on, worsened, and weirded up with the opening of supplementary Council File CF 13-1493-S6, which has to do with regulating vending in City parks.

The new law allows cities to regulate street vending in parks to some extent, and this council file is a response to that permission. It’s very sparse right now, having only started yesterday, and contains only a set of regulations proposed by Rec and Parks, a recommendation that the Council adopt them, and some kind of cover sheet. Now, Lara’s bill does allow cities to regulate vending in parks slightly more broadly than in general. In particular it allows regulation to protect “the scenic and natural character of the park” and some similar considerations. However, regulations must still be narrowly tailored to address these concerns.

But the restrictions in RAP’s proposal are anything but narrowly tailored, and there’s no plausible way they address the kinds of concerns that the law allows. For instance they contain a blanket ban on vending “within 250 feet of any building, recreation center, bathroom, structure or playground” and “within 500 feet of any school site, camp, youth activity center or senior center located on park property” and within “25 feet of any park fountain, statue, monument, or art installation.” Think of the parks you’re familiar with in Los Angeles. How many of them have any part that’s more than 250 feet from a building or a bathroom or a playground? If adopted, these regulations will constitute a de facto ban on vending in parks, which obviously isn’t consistent with the law.

It’s going to be interesting in some kind of abstract lookie-loo way to watch the City try to explain how a blanket prohibition from selling sliced mango within 250 feet of a bathroom is “[d]irectly related to objective health, safety, or welfare concerns,” how selling a taco within 500 feet of a senior center is “[d]irectly related to objective health, safety, or welfare concerns,” and so on. It’s also going to be interesting to watch the lawsuits that are sure to be filed if the City adopts this nonsense and ever tries to enforce it. It would be more interesting, of course, to watch the City government behaving like mature lawmakers. That, though, is never going to happen, so we have to take our enjoyment where we can.

And turn the page for a transcription of the so-called time, place, and manner regulations being proposed by RAP. I only quoted the worst ones above, but the rest of them are also not good, and therefore worth reading.
Continue reading City Council Continues Its Long Slide Into Delusion With Respect To Street Vending Regulation As Rec And Parks Files Proposed Rules — Banning Vendors Within 250 Feet Of Playgrounds, Bathrooms, Buildings — Within 500 Feet Of Senior Centers — Which Would Keep Them Altogether Out Of Most Parks In Los Angeles — This Is Obviously Not “Narrowly Tailored To Meet Safety, Health, And Welfare Concerns” — The City Is Begging For Yet Another Lawsuit →

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Los Angeles City Council, Street Vending

The City Council Seems To Have Lost Its Grip On Reality With Its Latest Motions On Street Vending — They Want To Keep All Previously Proposed Exclusionary Zones But Change Justification From “Zillionaires Asked For It” To “Objective Health, Safety, Or Welfare Concerns” — And Paul Koretz — Who Evidently Doesn’t Believe That Words Have Meaning — Wants To Exclude A Bunch Of BIDs On The Same Implausible Grounds — This Is Obviously Going To End Up In Court

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As you no doubt know, the City of Los Angeles has been arguing about legalizing street vending for years in the face of fiercely unhinged opposition to the very idea from business improvement districts and other organized gangs of zillionaire thugs. But then the whole debate was mooted by a lightning strike from Sacramento in the form of Ricardo Lara’s SB-946, signed into law by Jerry Brown in September, which imposed a set of really stringent restrictions on the form that municipal street vending regulation can take. And not surprisingly, pretty much every dirty trick that the BIDs and their buddies forced into our City’s proposal was banned by Lara’s bill.

In particular, the BIDdies had managed to get the Council to agree that street vending could be banned in any neighborhood in Los Angeles merely because their councilmember asked for it. This serves BIDdies well, of course, because their repsters will do whatever it is that they ask in order to keep the firehose of campaign contributions turned up to eleven. By the end there they’d managed to enshrine such indefensible no-vending zones as Hollywood Boulevard and recommend that BIDs should be able to charge vendors for the privilege of operating on public streets.6

But this nonsense was switched right off by Lara’s bill, which states unequivocally that:

A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns.

And right after the bill was signed it appeared as though our esteemed City Council was taking this matter seriously. They passed a motion ordering the City Attorney to draft an ordinance that would comply with Lara’s law. But such sporadic spurts of sanity swiftly scatter around here.

And thus it wasn’t really a surprise to hear renowned bigamist and CD9 repster Curren Price on the radio yesterday talking about how Council would be able to keep all the previously proposed no-vending zones and even add more and the only difference would be, according to super-genius Curren Price, that “now we’re going to have to base them on health, safety, and welfare concerns.”7 And turn the page to read all about the drastically deep dive into the crazy vat revealed by this one little stray comment!
Continue reading The City Council Seems To Have Lost Its Grip On Reality With Its Latest Motions On Street Vending — They Want To Keep All Previously Proposed Exclusionary Zones But Change Justification From “Zillionaires Asked For It” To “Objective Health, Safety, Or Welfare Concerns” — And Paul Koretz — Who Evidently Doesn’t Believe That Words Have Meaning — Wants To Exclude A Bunch Of BIDs On The Same Implausible Grounds — This Is Obviously Going To End Up In Court →

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Los Angeles City Council, Street Vending

Bye Bye BIDdies! — City Of Los Angeles Finally Concedes The Street Vending Battle As Curren Price And José Huizar Move In Council Today To Instruct The City Attorney To Draft An Ordinance That’s Consistent With Lara’s Safe Street Vending Act

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As you know the City of Los Angeles has been arguing over how to regulate street vending for pretty much forever now, with business improvement districts and chambers of commerce and other such-like weaponized implements of zillionaire-aligned white supremacy using every last bit of their political juice to introduce all kinds of complex conditions like opt-in districts, opt-out districts, permission from business owners, limitations on number of vendors per block, immediate confiscation of equipment, fees paid to BIDs, and on and on and on, all obviously designed for the sole purpose of continuing the wholesale arrest of street vendors.

But as I’m sure you also know just last week governor Jerry Brown signed Ricardo Lara’s Safe Street Vending Bill into law, severely limiting the power of cities to regulate vending. This bill has been working its way through the legislature since January 2018 and was well known to have an excellent chance of becoming law, and obviously voids pretty much every single feature of the City’s proposals, and yet nevertheless the City Council didn’t even start thinking about it officially until August.

But oh, they do have to think about it now. If the City doesn’t have an actual regulatory ordinance in place by January 1, 2019 they won’t have the power to regulate vendors at all. This, I guess, was enough to move them to action, and therefore this morning Councilmembers Curren Price And José Huizar introduced a motion in Council instructing the City Attorney to draft an ordinance that would comply with SB-946. The whole deal is memorialized in Council File 13-1493-S5.

And the BIDdies don’t have any leverage over this ordinance because state law compels all the essential features. This is a huge blow for our City’s business improvement districts and other nasty, selfish opponents of vending, and a huge win for humanity. We’re going to see some snakey creepy nasty rhetoric from the BIDs over this, you wait and see! Turn the page for the complete text of Price and Huizar’s motion.
Continue reading Bye Bye BIDdies! — City Of Los Angeles Finally Concedes The Street Vending Battle As Curren Price And José Huizar Move In Council Today To Instruct The City Attorney To Draft An Ordinance That’s Consistent With Lara’s Safe Street Vending Act →

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Street Vending

SB 946, Ricardo Lara’s Safe Street Vending Bill, Signed Into Law By Governor Jerry Brown Yesterday! — This Is A Huge Victory For Human Beings In California Over The Dark Forces Of Money, Racism, And Weirdo Puritanical White Privilege — Also A Huge Slap-Down For The BIDs Of Los Angeles, Who Evidently Don’t Control Everything

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It has been a long and exciting eight months since Ricardo Lara introduced SB 946 in order to limit the ways in which cities in California are allowed to regulate street vending. Yesterday, thank goodness, it was signed into law by Jerry Brown. The preamble8 is a powerful statement of the value that street vendors bring to our City and to other cities around the state:

SECTION 1. (a) The Legislature finds and declares all of the following:

(1) Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities.

(2) Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.

(3) Sidewalk vending contributes to a safe and dynamic public space.

(4) The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.

(5) The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
…
(b) It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.

The law reads as if it were written explicitly in response to the weirdo racist antics of the business improvement districts of Los Angeles, displayed during their years-long struggle to keep street vending illegal here. Also, this law completely moots the ridiculous regulatory framework that the City of Los Angeles has been struggling with for years on end, riddled as it’s become with hyperspecific carve-outs meant to appease this or that BID.9

It’s really informative to compare this law with this set of proposals made earlier this year by the Central City Association, which speaks exclusively for the BIDs and zillionaires of Los Angeles. For instance, the CCA and the BIDs want to limit vendors to two per block face. But the law says:10
A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.11
The CCA and the BIDs want to require vendors to obtain property and/or business owner consent. As we’ve seen, this kind of restriction is really easily exploitable to function as a de facto ban. The law says:12
A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise.

And turn the page for more comparisons as well as the full text of the law.
Continue reading SB 946, Ricardo Lara’s Safe Street Vending Bill, Signed Into Law By Governor Jerry Brown Yesterday! — This Is A Huge Victory For Human Beings In California Over The Dark Forces Of Money, Racism, And Weirdo Puritanical White Privilege — Also A Huge Slap-Down For The BIDs Of Los Angeles, Who Evidently Don’t Control Everything →

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Street Vending

SB-946, Ricardo Lara’s Monumental Street Vending Legalization Bill, Approved By Legislature — Now On To Governor!

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On Monday the Assembly passed Ricardo Lara’s monumental street vending regulation bill, SB 946, and sent it back to the Senate for re-approval, a step which was made necessary by some minor amendments. Yesterday, putting a successful end to a seven month legislative process, the Senate approved it 24 to 12. It is now in the hands of the governor.

This bill, if signed by Jerry Brown, will put severe limits on the ability of cities to regulate or ban street vending. In particular, it will make it impossible to ban them from certain areas without objective health and safety concerns and it will make it impossible for any city’s regulatory scheme to include approval by surrounding businesses or property owners. It explicitly defines the allowable range of “objective” concerns to exclude community animus.

These two clauses alone will radically alter the situation in Los Angeles, where zillionaires of all stripes, but especially BIDs, have fought long and hard to include them in any street vending law here probably because they’re so easily abused. This bill would, among many, many other consequential effects, overturn the City’s ridiculously specific bans on street vending on Hollywood Blvd and prohibit individual City Councilmembers from unilaterally banning vending in their districts at the behest of BIDs and other zillionaire-aligned interest groups.

Turn the page for a transcription of the legislature’s analysis of the final version of the bill.
Continue reading SB-946, Ricardo Lara’s Monumental Street Vending Legalization Bill, Approved By Legislature — Now On To Governor! →

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Street Vending

Ricardo Lara’s Street Vending Bill SB-946 Passed By Assembly — Now Back To Senate For Approval Of Amendments — Then On To The Governor’s Office

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For background take a look at this fine article in the Times by Emily Alpert Reyes.

Ricardo Lara’s monumental street vending regulation bill, SB-946, was read in the Assembly for the third time yesterday and passed 56 to 17 on a straight party-line vote.13 Because it was amended in the Assembly, notably here and here, it has to go back to the Senate for one more vote before heading to the Governor’s office.

The bill is universally opposed by Los Angeles BIDdies. Led by Carol Schatz of the Central City Association, they have been opposing it vigorously since its introduction in January 2018. Their overwrought terror of this bill is a natural consequence of their unhinged, years-long opposition to street vending in Los Angeles despite the essential role it plays in the social and cultural life of this City.

Surprisingly, the political juice of the BIDdies has availed them not in this particular struggle. We’ve seen how they’re able to reach out even all the way to Sacramento to kill off bills that threaten their plutocratic reign over almost every aspect of our daily life. But here, it’s not working. Even Miguel Freaking Santiago, their flunky in every possible situation, voted for SB-946.

A veto from Jerry Brown is their last hope. And maybe they’ll get it, who knows? You can bet what passes for good money in these latter days of the economy that they’re working on him right now. And if they manage to talk him around to their point of view, it’s the end of the matter, since our esteemed legislature is never ever going to override him. Anyway, I don’t know how long it’ll take for this to come up before the Senate, but you’ll hear about it here when it does!
Continue reading Ricardo Lara’s Street Vending Bill SB-946 Passed By Assembly — Now Back To Senate For Approval Of Amendments — Then On To The Governor’s Office →

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Street Vending

Ricardo Lara’s Sanity In Street Vending Bill, SB-946, Amended Slightly And Not Substantially, Ordered To House For Third And Final Reading Before Vote

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The last we heard about Ricardo Lara’s monumental street vending regulation bill, SB-946, it had been sent up to the full assembly from the Committee on Local Government with a “do pass” recommendation. This was in June, just before the legislature adjourned for the entire month of July. Things have been pretty quiet with respect to this bill lately, and I admit that I was getting a little worried that really destructive amendments were in the works.14

But it turns out, or at least it appears, that all is well. Yesterday the bill was amended, but the changes were fairly unsubstantial. There were a number of stylistic adjustments and a separate fine schedule was added for people who vend without a permit in cities which do have a permitting process in place. Given the fact that Los Angeles has been arguing about permitting vendors for decades without being able to arrive at an actual process, none of this is likely to apply here.

The bill was then ordered to the Assembly floor for a third and final reading before a vote. I don’t know enough about the legislature to figure out when that might happen, but my feeling is that it’s likely to pass as currently written, since they ought to have worked out all the kinks by now, eh? Then it’s up to the governor, and I have no idea what he’ll do with it. Maybe organized opposition by zillionaires and their sleazy advocates has more weight with him than it’s had with the legislature so far?

I don’t know, but turn the page for a transcription of the section on fines with the newly added material in blue.
Continue reading Ricardo Lara’s Sanity In Street Vending Bill, SB-946, Amended Slightly And Not Substantially, Ordered To House For Third And Final Reading Before Vote →

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Los Angeles City Council, Street Vending

The Los Angeles City Council Has Been So Busy Conspiring With BIDs And Carol Schatz To Continue To Arrest Street Vendors In Zillionaire-Occupied Neighborhoods That They Couldn’t Bother To Acknowledge SB-946, The Sanity In Street Vending Bill, Which Would Nullify Their Satanic Scheming — But Now That It Looks Like It’ll Pass They Finally Noticed It — And Introduced A Motion Asking City Staff To Figure Out What It Would Mean For Their Hateful Ordinance — Short Answer: Nothing Good For The Zillionaires

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As you’re probably aware, the City of Los Angeles has been grinding away for more than four years now at developing an ordinance regulating street vending, and you can track the tortured permutations in CF 13-1493. When the whole thing started in 2013 it seemed like José Huizar and Curren Price, who kicked off the process, actually intended to develop a sane ordinance to regulate vending in Los Angeles.

But after four bitter years of exceedingly expensive lobbying, racist rhetoric, and generalized hatred and lies by Carol Schatz and BIDs, the whole thing turned into the unholy mess that we’re living with today, with e.g. Councilmembers directing the LAPD to enforce inapplicable laws on an arbitrary targeted basis at the whim of such enemies of civil society as Kerry Morrison of the Hollywood Freaking Property Owners’ Alliance.

This crazed race-to-the-bottom showed no signs of abating, with, e.g., the Bureau of Street Services weighing in just the other day with yet another unhinged series of suggestions on how the proposed ordinance could be made even more anti-human. And it’s this kind of bizarrely laser-focused insistence on punishment, torture, and incarceration of street vendors, who are one of the cultural treasures of this City, that led state senator Ricardo Lara to introduce SB-946, which would impose very strict limitations on how cities can regulate street vending.

Lara’s comments on the bill make it pretty clear that it’s substantially aimed at cutting through the money-obscured fog of the Los Angeles City Council’s inability to pass any kind of law at all while, somehow, continuing to arrest vendors, confiscate their equipment, and so on. But like the Ancient Mariner, who wouldn’t look behind him for fear of seeing the demons hunting him, the City Council has not uttered the teensiest peep about Lara’s bill.

This silence is certainly uncharacteristic of our Councillors, who will famously take a position on everything from nuclear weapons to freaking garage door openers. However, a couple days ago they finally decided to notice the existence of Lara’s bill. They’re so entrapped by various constituencies, though, that they found themselves unable either to support or oppose Lara’s bill.

Instead Huizar and Price introduced a motion asking the Chief Legislative Analyst to figure out what the passage of Lara’s bill, which seems increasingly likely to happen, would mean for the City’s increasingly unworkable collection of carve-outs masquerading as legislation. What’s amazing about this motion, as I said, is not its content, but its very existence. You can, however, read a transcription after the break.
Continue reading The Los Angeles City Council Has Been So Busy Conspiring With BIDs And Carol Schatz To Continue To Arrest Street Vendors In Zillionaire-Occupied Neighborhoods That They Couldn’t Bother To Acknowledge SB-946, The Sanity In Street Vending Bill, Which Would Nullify Their Satanic Scheming — But Now That It Looks Like It’ll Pass They Finally Noticed It — And Introduced A Motion Asking City Staff To Figure Out What It Would Mean For Their Hateful Ordinance — Short Answer: Nothing Good For The Zillionaires →

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