Pushcart Sales Ban Reaffirmed by Council

Despite protests from street vendors, a split City Council this week upheld an earlier decision to ban pushcart sales on public property.

Officials voted 4 to 1 Monday to go ahead with an ordinance that prevents pushcart operators from hawking food and other products on city streets due to concerns about noise, trespassing, litter and cleanliness. Code enforcement officers have reported unsanitary food packaging and preparation.

Councilwoman Libby Cowan cast the dissenting vote, arguing that there was not enough evidence from the county Health Department or city code enforcement officers to prove that anyone in Costa Mesa has gotten sick from food sold by the sidewalk vendors.

She also said that unlicensed vendors, the source of many of the complaints, would not necessarily be driven from town and that the ordinance would unfairly punish those who comply with licensing and health regulations.

The council vote followed impassioned pleas from vendors, who wanted to keep operating in Costa Mesa. Some said pushcarts offer a shot at self-sufficiency for those with little means.

“I still pay taxes,” Juan Carlos Hernandez of Orange told the council. “I am supporting my family from this job, and I would still like to keep working.”

The council also heard from residents irritated by the street sales.

Cathy Waters, a member of a neighborhood group along and near Wallace Avenue, called the carts “a source of constant annoyance.”

The ban does not apply to permitted pushcarts that are invited to sell products on private property, such as the coffee and flower carts often seen at shopping centers.

The ordinance takes effect in late May.