SANTA ANA : Board Won’t Appeal El Mercado Ruling

The Rancho Santiago College Board of Trustees announced Monday that it will not appeal a court ruling that gives the city of Santa Ana the power to shut down El Mercado, the popular swap meet held at the college each week.

This decision means that the swap meet, which the city has spent more than three years in court trying to evict, could be closed within two weeks because it violates city zoning laws, City Atty. Edward J. Cooper said.

On Dec. 26, an appeals court ruled that under state law, the city’s zoning ordinance does apply to El Mercado. The college had argued that it did not because the swap meet raises money for educational programs.

That ruling overturned a previous lower court decision that allowed El Mercado to continue operating in the parking lot of the college each Sunday.

The privately run swap meet is operated by the Santiago Club, a nonprofit organization. The organization contracts with Norton Western Ltd., a company owned by City Councilman Richards L. Norton, to manage the event. The college receives 24% of the gross revenues generated from admission fees and space rentals.

Board President Shirley Ralston said continuing the legal fight would not be prudent for the college, especially in light of the state’s financial woes.

Ralston told an emotional crowd of more than 200 people, many of them swap meet vendors, that the future of El Mercado is up to the city, not the board, and that they should address the City Council with their concerns.

“We realize people will be distressed by our decision,” Ralston said. “It will be the city of Santa Ana which finally asks the Superior Court to issue an injunction to stop the Mercado. The future of the Mercado lies in hands other than ours. After you leave (the meeting) tonight, you go to the city of Santa Ana.”

Nevertheless, more than 20 speakers asked the board to reconsider its decision with emotional testimony in both English and Spanish that was often followed by long, thunderous applause. “The Mercado is, for many families, a major source of income,” said Lucinda Solorzano, a Rancho Santiago College student whose father, Rafeal, is a vendor at the swap meet. “The closure would have an enormous financial impact on my family.”

Swap meet general manager Bill Norton said vendors will suffer most.

“The vendors are all good, hard-working people, and some of them will be affected greatly,” said Norton, who runs El Mercado for his son, the councilman.

“We would much rather have seen the college appeal the decision,” Bill Norton said. “We are kind of in an odd position because Rick (Norton) is on the City Council, but he will be very aggressive about this.” He did not explain what the councilman, who cannot vote on the issue, plans to do.

The younger Norton was at the meeting briefly but left quickly after the board announced its decision.