Street vendors make a living all over San Diego, from the beach to Balboa Park, but now they could be facing a new set of rules that if broken could end with fines or even losing equipment.
A sidewalk-vending ordinance was approved in May 2022 and went into effect the following month.
Tuesday, Councilmember Jennifer Campbell introduced changes to it because, she said, unpermitted vendors have found ways to circumvent the rules imposed by the original ordinance. The amendments include replacing initial warnings with fines. The alterations would also permit the immediate impounding of a vendor’s equipment if the wares pose a health or safety concern. The council passed the amendment unanimously, with two council members not present for voting.
“The amendments also create a balance between protecting Constitutional rights like free speech and maintaining public order in our communities on the basis of public health and safety,” Councilmember Jennifer Campbell said.
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Examples of “pure speech” included in a Powerpoint presented to the council on Tuesday:
- Speaking on a street corner or in a park about a political, ideological or religious topicDistributing brochures
- Art sales and art creation, including paintings, caricatures, balloon animals, sculpture and other visual arts sold by the artist
- Distribution or sale of books, music, paintings, photographs, sculpture or CDs or recordings created by the person selling the items
- Street performances/busking
- Face painting or henna tattoos
Examples of activities that are not considered “pure speech” under the new amendment:
- Sales of handcrafts like jewelry and pottery
- Sales of personal care products, including makeup, lotion, perfume, incense and incense burners
- Sales of mass-produced items, including clothing and hats
- Food sales
- Teaching exercise, yoga, or dog training classes
Ilir Cakalli has been an painter since he was 6 years old and loves it. He has a permit to set up in designated locations and sell his artwork.
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“I bring here the Italian experience in a beautiful place to sell art,” said Cakalli, who is among the many people who display and sell their work at Balboa Park.
Cakalli said that on weekends, he has to find somewhere else to go because it’s hard to find a spot to set up.
“Last year, when a lot of vendors come here, I don’t find the space," Cakelli said. "You have to wake up at 4 in the morning for the space. You see a lot of vendors — no art. I talked to the ranger, and I said, 'I want my place.' I can pay. I pay the tax, I pay the license all things — a lot of people right here don’t pay nothing.”
Advocates like Patricia Mondragon, who is the policy manager for Alliance San Diego, say vendors are protected by California State Law SB 946.
“Now, the proponents of this ordinance are back to remove the small gains for sidewalk vending entrepreneurs due to some unsubstantiated concern over rogue unpermitted vendors," Mondragon said. "The amendment to impound property goes further than the administrative fines allowed in SB 946, which prohibits any additional fines, assessments or financial conditions."
The changes will not go into effect unless Mayor Todd Gloria signs them into law later this year.
