SANTA ANA : City Street Vendors Are Given Reprieve

A Superior Court judge has prohibited city officials from enforcing a restrictive city ordinance aimed at regulating mobile food vendors, saying that much of the law conflicts with state codes.

Judge Ronald L. Bauer granted a preliminary injunction on Tuesday forbidding enforcement of an ordinance that would have made it a crime--punishable by up to a year in jail--to park in the same spot for more than 30 minutes or within 200 feet of an intersection.

“I’m delighted. It was a very hard-fought victory,” said attorney Richard R. Therrien, who represented the six men who sued to overturn the statute. “The law would have precluded a lot of [vendors] from plying their trade.”

Assistant City Atty. Robert J. Wheeler said the city could appeal the ruling but that no decision on that has been made.

“I’m disappointed in the decision,” Wheeler said. “Basically, he invalidated the entire ordinance,” he said of Bauer.

The ordinance also prohibited food vendors from parking within 500 feet of schools, parks, recreation areas and other vending vehicles, and required vendors to obtain special permits and $1 million of insurance.

The law was passed in October in what city officials said was an attempt to increase traffic safety and ensure fair competition among businesses.

Six local vendors sued to halt its enforcement, however, saying it was too restrictive and would force them out of the city and out of business.

In his ruling, Bauer said that many of the law’s sections conflicted with or duplicated state law, which preempts local codes.

He added that the sections of the ordinance that remain are now essentially worthless because they “would just leave shreds and tatters and . . . little of what the City Council originally intended.”