New York decriminalizes unlicensed street vending

New York.— From now on, selling products on the streets of New York without a license will no longer be a criminal offense. The City Council approved Preliminary Law 47, eliminating the criminal penalties that for decades criminalized street vendors without permits, although the activity will still be subject to civil fines.

Until this legislative change, being without a license could carry up to three months in jail, a fine of one thousand dollars, or both penalties. With the new rule, promoted by the Democratic majority of the council, it seeks to alleviate the legal pressure on small informal merchants, mostly immigrants. "More than 95% of street vendors are immigrants. No one should go to jail for trying to support their family," said Bronx Councilwoman Pierina Sánchez, celebrating the approval of the regulations that are part of a series of reforms to street commerce. The goal is to integrate these small businesses into a regulated, equitable, and less punitive system. However, established merchants from areas such as Upper Manhattan, Corona, Jackson Heights, and parts of the Bronx have criticized the measure, arguing that it affects order and pedestrian mobility. Mohamed Attia, director of the Street Vendor Project at the Urban Justice Center, urged Mayor Eric Adams' administration to enforce the law consistently, limiting itself to issuing civil citations and not resorting to police measures. The legal change comes amid the tightening of operations against informal trade, such as the "Restore La Roosevelt" plan and the creation of the NYPD's Quality of Life Squad, which has increased pressure in sectors such as Washington Heights. There, dozens of merchants have been evicted and fined, which has generated tension between the authorities and the Latino communities. Teresa Estrella, a Dominican resident of the area, said: “I understand that the sidewalk cannot be filled with vendors, but it is cruel to fine them a thousand dollars or take them to court. Remove them if you have to, but without destroying their lives.” According to official data, in 2023 more than 1,000 fines were issued for illegal sales, and 82% were for operating without a license. Almost 80% of the criminal penalties fell on black or Latino vendors, although these groups represent only half of the city's population. In addition to the economic impact, criminal records can complicate the immigration situation of many vendors, some of whom are in legal processes or lack documents. "A single misstep can end in deportation," lamented an Ecuadorian merchant. Community organizations and activists consider Law 47 a step forward, but insufficient. "We continue to call for the approval of the entire package of reforms to achieve a fairer system. The city was built thanks to immigrants, and its laws must reflect that reality," declared Valeria Paz Reyes, of Voces Ciudadanas Inc. Although ICE operations against street vendors have not been reported in New York, cases like the recent arrest of a Salvadoran vendor in front of a Home Depot in Los Angeles keep alive the concern among those who risk their lives every day to survive on New York sidewalks.