San Diego

Licensed street vendor files suit against city of San Diego over vending laws

"The city assured me the license they sold me, as well as the sidewalk vendors permit, would suffice. Now, here come police. It’s almost a sense of bad faith. Like five-card monte," Imhotep Mustaqeem said

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At his street-side business outside Petco Park on Seventh Avenue and K Street, Imhotep Mustaqeem has developed a devoted clientele.

“Everyone misses him,” Judith Shiley, a regular, said.

When his game-day snack-shop table was nowhere to be found since about mid-July, Shiley worried.

“Everyone wondered where he went and what happened to him, " she said as Mustaqeem stood on the corner without his snack table.

Mustaqeem says the city of San Diego has effectively shut down his business. The suit he filed against the city claims it has created arbitrary and broad vending laws. It also claims the city ordinance doesn’t follow sections of state law,  which decriminalize sidewalk vending.

"I’m not a rogue vendor," said Mustaqeem, who always had his sellers permit and business licenses front and center on his table.

But in July, that didn’t stop police from confiscating his snacks and an envelope with $1,200 he’d earned, according to the suit. It also notes Mustaqeem was cited four different times from June 29-July 9, despite having permits.

At least one of those citations states he can't set up three hours before or one hour after an event or game — his prime money-making time.

"The city assured me the license they sold me, as well as the sidewalk vendors permit, would suffice. Now, here come police. It’s almost a sense of bad faith. Like five-card monte," Mustaqeem said.

Because vendors who are cited too many times can get their permits revoked, Mustaqeem hasn't set up shop since July 10. He says the 15-year-old stand is his only source of income that allows him to be the sole provider for his disabled wife and 2 kids. Without it, he says, they’re at risk of homelessness.

The 65-year-old family man is hoping a judge will grant his request to continue vending outside Petco Park until his dispute with the city is decided.

Mustaqeem says in addition to his products getting confiscated, he's also facing $1,800 dollars in fines.

NBC 7 reached out to the city for comment twice last week but have not heard back.

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