Oakland advocates' lawsuit targets city's crackdown on street vendors

OAKLAND, Calif. - Oakland community members are taking legal action against the city to demand that officials stop what they're calling harmful raids on street vendors, alleged in a lawsuit filed by local advocates last week.

Legal advocates are suing on behalf of vendors to obtain public records about the alleged property destruction – including a street vendor's equipment allegedly being thrown into trash compactors.

"It's concerning to see the City of Oakland claim it has no paper trail for what are clearly highly coordinated operations against street vendors," Robert Powelson, who filed the lawsuit on vendors' behalf, said in a statement. "The summary destruction of street vendors' property raises serious constitutional issues."

Oakland street vendors being raided, advocates say

What we know:

The lawsuit, filed on July 9, alleges property destruction by the city, with the Oakland Police Department seizing and destroying vendors' possessions and livelihoods without oversight. 

The City of Oakland says it comes down to the community following the rules.

Oakland City Councilmember Ken Houston says the new city administration, led by Mayor Barbara Lee, is responding to complaints from residents and brick-and-mortar restaurants about trash and grease being illegally dumped by vendors crowding sidewalks.

"Have the right permits, right? Have a health certificate. Don't block our sidewalk. Do it the right way. If you don't do it the right way, get up out of here," Houston said.

Fellow Councilmember Noel Gallo says police and city officials are targeting vendors who failed to heed warnings about illegal practices.

"We're not out there hauling people's stuff away," Gallo said. "The only thing we may be hauling away is the trash bags that they leave behind."

Lawsuit for the release of public records

Dig deeper:

According to court documents, the lawsuit was filed after the city failed to produce multiple public records, including the records summarizing the destruction of Oakland street vendors' property. 

Advocates claim that none of the vendors received warnings or notification of what was being violated, a list of items destroyed, how to appeal the process or how to retrieve their property. 

Needa Bee, also known as the "Lumpia Lady," operates a food booth at Oakland's Lake Merritt. It's just one spot across the city where Oakland police and city workers in recent months have been cracking down on street vendors because of concerns over trash, blocked sidewalks and a lack of permits.

"No one is getting a list of what's been taken. That's against the law," Bee said. "No one is getting a receipt of what's been taken. That is against the law. No one was given a warning before this happened. That's against the law."

Under The Safe Sidewalk Vending Act, SB-946, officials are bound to enforce limits on street vending to administrative fines, which can reach up to $1,000 for a third violation in a year.

What Oakland is saying

What they're saying:

Gallo says he understands that vendors need to make a living, but worries about the impact on brick-and-mortar businesses.

"I understand the people's needs to sell items," Gallo said. "But at the same time, many of the established businesses, restaurants have closed down because they can't compete with the people on the street."

Bee, who is a longtime street vendor, advocate and marketplace and event producer, wishes the policies were better communicated.

"The issue is I have been doing this, and my mother was doing it before me. There were no laws. When they decided to put the laws in, they didn't talk to any of the street vendors," Bee said.

Houston acknowledged the previous ways of doing business, but said things have changed.

"If you're used to doing business the old way, it's not gonna happen any longer," Houston said.