Now that Labor Day is behind us, the city of San Diego's rules regarding street vendors are changing in some beaches and parks. During the summer months, which the city defines as between Memorial Day and Labor Day, street vending is not allowed in Balboa Park, Mission Bay Park and parks near the shoreline or beach in La Jolla, Pacific Beach, Ocean Beach and Mission Beach.
"The summer is more busy with tourists than the rest of the year, so that's why the moratorium was in the summer," said Councilmember Jen Campbell who authored the ordinance.
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WATCH HERENow that the summer is over, vendors can sell items on Newport Avenue between Abbott Street and Sunset Cliffs Boulevard in Ocean Beach, Ventura Place between Mission Boulevard and Ocean Front Walk in Mission Beach, Garnet Avenue between Ocean Front Walk and Cass Street in Pacific Beach and Coast Boulevard between Cave Street and the 200 block of Coast Boulevard South in La Jolla.
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SIGN UP Vendors, however, are not allowed to sell items within 25 feet of any beach access point or in any public right of way that blocks the flow of pedestrians or vehicles. They must also be 50 feet away from another street vendor, 25 feet away from any fountain, statue, art installation, memorial or monument and only operate between certain designated hours depending on what part of the city they are in.
In Balboa Park, vending is not allowed within 25 feet of most buildings, the Organ Pavilion and any covered walkways; within 50 feet of the botanical gardens and lily pond; and between December 25 and January 1.
The city says 500 street vendors have gotten the required permits to operate legally in San Diego, however, Councilmember Campbell noted that enforcement, which is conducted by park rangers and SDPD, has been challenging at times because some vendors have argued that they are exercising their first amendment rights.
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"In terms of the First Amendment, it only applies to those who are not selling goods, those who are discussing either spiritual, religious beliefs or political beliefs. They can discuss it with the public because of free speech. Free speech has nothing to do with selling. Selling is a whole different thing. It's called vending. Vending and selling are the same thing. So if you're going to sell your products, then you are a vendor and you must follow the vendor rules," Councilmember Campbell said.
She says she is looking to propose amendments to the ordinance later this month to make it easier to enforce.
The city of San Diego says that rangers have issued 174 administrative citations and 38 notices to appear for street vendors who were violating the rules at shoreline parks since the beginning of the year. A spokesperson from the city also noted that an administrative judge has had to throw out citations because of vendors claiming First Amendment rights. The City Attorney's Office says there is no pending litigation regarding the ordinance right now.
