Food Carts’ Fate Is Back on Table : Judge Is Reviewing Santa Ana Vendors’ Suit to Overturn Ban in Downtown Area

Dozens of pushcart vendors who sell pastry, soda and other Mexican snacks in Santa Ana’s historic shopping district won a temporary reprieve from a new city law prohibiting them from operating in the downtown area.

An Orange County Superior Court judge on Monday temporarily blocked the city from enforcing the pushcart ban until he considers a lawsuit filed by cart operators challenging the constitutionality of the ordinance.

The ban was supposed to take effect Jan. 1. But the vendors will now be able to continue operating for at least the next few weeks or months. The next hearing in the case is scheduled for Jan. 15.

“We are happy that we’re back at work,” said vendor Maria Rivas, 30, of Santa Ana, who sells fruits and vegetables along 4th Street.

“We have hope that we can continue to do what we’ve done for 10 years,” Rivas added. “But we’re uncomfortable with the uncertainty that we may not be able to continue the job we’ve been doing. I don’t know any other skill.”

The ordinance was passed by the City Council in August at the urging of some downtown merchants who thought the carts generated excessive litter and hurt the appearance of the area.

City officials predicted Tuesday that the judge will rule in their favor.

“I’m confident that the court will uphold our ordinance,” Santa Ana City Atty. Joseph W. Fletcher said. “Once they have a full chance to review it, they will recognize there’s just a fundamental trash problem in the downtown area.”

The board of the Downtown Santa Ana Business Assn., which represents about 500 businesses, voted last year to request removal of the carts.

“We did find that there was a considerable amount of litter coming from the pushcarts,” association President Arturo Lomeli said. “If [the vendors] want to be part of the downtown, they have to pull their weight to figure out what can be done in order to contribute to the cleanup of the downtown.”

But the pushcart vendors argue that they have little control over what customers do with their litter.

“Once they buy the food, it’s out of our control,” said Julian Rivas, 24, Maria Rivas’ brother, who sells food during the weekends. “There’s trash cans all around. If they don’t throw it away, that’s out of our control.”

The ban applies only to certain parts of downtown, such as 4th Street. Pushcarts still are allowed in other parts of the area, including portions of Civic Center Plaza.