Disabled veteran street vendors

Last updated

Disabled veteran street vendors law
New York State Legislature
  • New York General Business Law § 35
Territorial extentCities in New York (state) having a population of one million or more. Essentially limited to New York City
Enacted by New York State Legislature
Passed1894
Status: Current legislation

Disabled veteran street vendors in New York City are legally exempt from municipal regulations on street vendors, under a 19th-century New York state law. [1] [2] As of 2004, there were 374 permitted disabled veteran street vendors, 60 of whom were permitted to operate inside Midtown Manhattan. [3]

Contents

History

In 1894, the New York Legislature granted physically disabled Civil War veterans exemptions from municipal laws limiting "hawking or peddling". [4] The original legislation covered all commercial streets and public parks in the state. [5]

Numerous court decisions upheld the 1894 statute over municipal regulations of all sorts, including those that attempted to limit the products that vendors could sell to printed materials and food. [5] The legislation gained new meaning after World War I, World War II, the Korean War, and the Vietnam War created a large pool of veterans unable to secure traditional employment as a result of their disability. [4]

In 1990, the New York Supreme Court, Appellate Division held that the 1894 law preempted a 1979 city ordinance banning street vendors from 30th to 61st Streets, between Second and Ninth Avenues, except on Sundays. [6] In 1991, the legislation's effect was restricted in Midtown Manhattan, limiting the total number of vendors allowed, and placing some congested Avenues and sidewalks off limits. [4] That legislation expired in 2003. [4]

Legislation has been introduced in the New York Senate to make impersonation of such a vendor a Class A misdemeanor. [7]

Current text

N.Y. General Business Law § 35 provides:

This article shall not affect the application of any ordinance, by-law or regulation of a municipal corporation relating to hawkers and peddlers within the limits of such corporations, but the provisions of this article are to be complied with in addition to the requirements of any such ordinance, by-law or regulations; provided, however, that no such by-law, ordinance or regulation shall prevent or in any manner interfere with the hawking or peddling, without the use of any but a hand driven vehicle, in any street, avenue, alley, lane or park of a municipal corporation, by any honorably discharged member of the armed forces of the United States who is physically disabled as a result of injuries received while in the service of said armed forces and the holder of a license granted pursuant to section thirty-two. [8]

Current practice

Disabled veterans are required to abide by local licensing requirements for vendors, as provided in General Business Law § 35. [9] However, time, place, and manner restrictions have been found to violate § 32. [10] The General Business Law does not preempt the Vehicle and Traffic Law, section 1157, which prohibits peddling from a parked motor vehicle. [11]

On non-restricted streets, there is no limit to the number of disabled veteran street vendors that can operate in a given area. [12] On restricted streets in Midtown Manhattan only one may operate; outside of Midtown, two. [12]

For example, some areas would otherwise be off limits to street vendors entirely because they would either be ticketed for being too far from the curb or obstructing a bus or taxi stop. [1] Such is the case in the plaza outside the Metropolitan Museum of Art —"the most coveted location for selling a hot dog in New York", for which a company called New York One has paid the city $575,990/year since 2007 to operate two carts—where the city began to crack down on veteran vendors in August 2009. [1] New York One was able to negotiate their rent down to $364,672 for 2007 due to the competition from veteran vendors, and later ended its contract early; the winner of the auction to succeed New York One was later evicted for non-payment. [1]

Some vendors have alleged that their competitors merely hire veterans to sit near their carts, a practice lawyers for the city say would not qualify under the law. [1]

Effect on First Amendment vendors

Once a Blue or Yellow (not White) licensed disabled veteran street vendor is operating on an otherwise restricted street, vendors of First Amendment protected merchandise such as art and books can also operate on the street. [12] Once the disabled veteran street vendors opens up, there is no limit to the number of First Amendment street vendors that can follow. [12] So-called "First Amendment vendors" (who do not require permits themselves) follow disabled veterans because they are legally entitled to operate on any area where vending is permitted. [13] Such has been upheld in court decisions. [14]

Related Research Articles

Lodging Industry and type of residential accommodation

Lodging refers to the renting of a short-term dwelling. People who travel and stay away from home for more than a day need lodging for sleep, rest, food, safety, shelter from cold temperatures or rain, storage of luggage and access to common household functions. Lodging is a form of the sharing economy.

Midtown Manhattan Central business district in New York City

Midtown Manhattan is the central portion of the New York City borough of Manhattan. Midtown is home to some of the city's most prominent buildings, including the Empire State Building, the Chrysler Building, the Hudson Yards Redevelopment Project, the headquarters of the United Nations, Grand Central Terminal, and Rockefeller Center, as well as tourist destinations such as Broadway and Times Square.

City of Boerne v. Flores, 521 U.S. 507 (1997), was a landmark decision of the US Supreme Court concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.

Breed-specific legislation

Breed-specific legislation (BSL) is a type of law that prohibits or restricts particular breeds or types of dog. Such laws range from outright bans on the possession of these dogs, to restrictions and conditions on ownership, and often establishes a legal presumption that such dogs are dangerous or vicious. Some jurisdictions have enacted breed-specific legislation in response to a number of fatalities or maulings involving pit bull–type dogs or other dog breeds commonly used in dog fighting, and some government organizations such as the United States Army and Marine Corps have taken administrative action as well. Due to opposition to such laws, anti-BSL laws have been passed in 21 of the 50 state-level governments in the United States, prohibiting or restricting the ability of jurisdictions within those states to enact or enforce breed-specific legislation.

City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985), was a U.S. Supreme Court case involving discrimination against the intellectually disabled.

Yick Wo v. Hopkins, 118 U.S. 356 (1886), was the first case where the United States Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Clause in the Fourteenth Amendment to the U.S. Constitution.

Gun law in Pakistan

Gun laws in Pakistan allow for the wide ownership of firearms. Only the tribal areas of the province of Khyber Pakhtunkhwa permit the ownership of heavy weaponry such as rocket-propelled grenades, short, medium, and long-range rockets, anti-aircraft guns, mortars, etc. These heavy weapons may be made in Pakistan.

New York City Department of Transportation

The New York City Department of Transportation (NYCDOT) is the agency of the government of New York City responsible for the management of much of New York City's transportation infrastructure. Margaret Forgione became the acting Commissioner of the Department of Transportation, and was appointed by Mayor Bill de Blasio on December 4, 2020, after Commissioner Polly Trottenberg had announced her resignation.

Noise regulation includes statutes or guidelines relating to sound transmission established by national, state or provincial and municipal levels of government. After the watershed passage of the United States Noise Control Act of 1972, other local and state governments passed further regulations.

Schneider v. State of New Jersey, 308 U.S. 147 (1939), was a United States Supreme Court decision that combined four similar appeals, each of which presented the question whether regulations embodied in municipal ordinances abridged the First Amendment rights of freedom of speech and of the press secured against state invasion by the Fourteenth Amendment of the Constitution.

Zoning in the United States

Zoning in the United States includes various land use laws falling under the police power rights of state governments and local governments to exercise authority over privately owned real property. The earliest zoning laws originated with the Los Angeles zoning ordinances of 1908 and the New York City Zoning resolution of 1916. Starting in the early 1920s, the United States Commerce Department drafted model zoning and planning ordinances in the 1920s to facilitate states in drafting enabling laws. Also in the early 1920s, a lawsuit challenged a local zoning ordinance in a suburb of Cleveland, which was eventually reviewed by the United States Supreme Court.

Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150 (2002), is a United States Supreme Court case in which the Court held that a town ordinance's provisions making it a misdemeanor to engage in door-to-door advocacy without first registering with town officials and receiving a permit violates the First Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills.

Soon Hing v. Crowley, 113 U.S. 703 (1885), was a case decided by the Supreme Court of the United States.

Gun laws in Colorado Colorados gun law

Gun laws in Colorado regulate the sale, possession, and use of firearms and ammunition in the state of Colorado in the United States.

Law of New York (state) Overview of the law of the U.S. state of New York

The law of New York consists of several levels, including constitutional, statutory, regulatory and case law, and also includes local laws, ordinances, and regulations. The Consolidated Laws form the general statutory law.

Street Artists Program of San Francisco

The Street Artists Program of San Francisco is a municipal arts program in which independent street artists and craftspeople sell their art and craft items in designated public spaces in the city of San Francisco, California. The artists are licensed by the San Francisco Arts Commission and are only allowed to sell work that has been "predominantly created or significantly altered in form" by the street artist. The Arts Commission currently licenses approximately 400 street artists, whose licensing fees cover all program costs. The program generates an estimated $4 million annually for the city's economy.

The Halal Guys Fast food carts in Manhattan, New York

The Halal Guys is a halal fast casual restaurant franchise that began as halal carts on the southeast and southwest corners of 53rd Street and Sixth Avenue in Manhattan, New York City. New locations, both food cart and storefront, are being added throughout New York and around the world.

The US Federal Aviation Administration has adopted the name unmanned aircraft (UA) to describe aircraft systems without a flight crew on board. More common names include UAV, drone, remotely piloted vehicle (RPV), remotely piloted aircraft (RPA), and remotely operated aircraft (ROA). These "limited-size" unmanned aircraft flown in the USA's National Airspace System, flown solely for recreation and sport purposes, such as models, are generally flown under the voluntary safety standards of the Academy of Model Aeronautics, the United States' national aeromodeling organization. To operate a UA for non-recreational purposes in the United States, according to the FAA users must obtain a Certificate of Authorization (COA) to operate in national airspace. In December 2015 the FAA announced that all UAVs weighing more than 250 grams flown for any purpose must be registered with the FAA.

Reed v. Town of Gilbert, 576 U.S. 155 (2015), is a case in which the United States Supreme Court clarified when municipalities may impose content-based restrictions on signage. The case also clarified the level of constitutional scrutiny that should be applied to content-based restrictions on speech. In 2005, Gilbert, Arizona adopted a municipal sign ordinance that regulated the manner in which signs could be displayed in public areas. The ordinance imposed stricter limitations on signs advertising religious services than signs that displayed "political" or "ideological" messages. When the town's Sign Code compliance manager cited a local church for violating the ordinance, the church filed a lawsuit in which they argued the town's sign regulations violated its First Amendment right to the freedom of speech.

Homelessness in the United States by state

Homelessness in the United States has occurred to varying degrees across the country. The total number of homeless people in the United States fluctuates and constantly changes hence a comprehensive figure encompassing the entire nation is not issued since counts from independent shelter providers and statistics managed by the United States Department of Housing and Urban Development vary greatly. Federal HUD counts hover annually at around 500,000 people. Point-in-time counts are also vague measures of homeless populations and are not a precise and definitive indicator for the total number of cases, which may differ in both directions up or down. The most recent figure for the year 2019 that was given was at 567,715 individuals across the country that have experienced homelessness at a point in time during this period.

References

  1. 1 2 3 4 5 Simon Akam. August 21, 2009. "A Prominent Collection at the Met: Food Carts". New York Times.
  2. ↑ LaVan and Neidenberg, P.A. September 7, 2009. "Disabled veterans benefit from loophole in New York City law Archived November 7, 2009, at the Wayback Machine ". Disability Law Claims Blog.
  3. ↑ Ian Urbina. February 28, 2004. "For Some Vendors, Fears Over New Street Restrictions". New York Times.
  4. 1 2 3 4 Mitchell Duneier. January 4, 2004. "Let New York's Veterans Vend". New York Times.
  5. 1 2 Eric Pace. July 4, 1991. "Mixed Reviews on 5th Ave. To Veterans' Peddling Curb". New York Times.
  6. ↑ Felicia R. Lee. December 20, 1990. "5th Avenue Merchants Want a Ban on Vendors". New York Times.
  7. ↑ "Bill S1956: Provides that impersonation of a disabled veteran vendor is a class A misdemeanor [ permanent dead link ]".
  8. ↑ McKinney's General Business Law § 35.
  9. ↑ People v. Sands, 15 Misc.3d 459, 829 N.Y.S.2d 887.
  10. ↑ Kaswan v. Aponte, 160 A.D.2d 324, 553 N.Y.S.2d 407 [1st Dept. 1990].
  11. ↑ People v. Mann, 1982, 113 Misc.2d 980, 450 N.Y.S.2d 275.
  12. 1 2 3 4 Robert Lederman. July 27, 2009 (updated). "Street artists, disabled veteran vendors, restricted streets Archived June 9, 2010, at the Wayback Machine ".
  13. ↑ AP. 2004, February 27. "Lawmakers reach deal on NYC vendor restrictions Archived August 4, 2009, at Archive-It ".
  14. ↑ Marc Santora. February 27, 2004. "Albany ready to reinstate vendor law". New York Times.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.