Judge Buys Vendors’ Arguments to Stay in Downtown Area
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Citing constitutional concerns, a judge Friday delayed for a year the enforcement of an ordinance that would ban food-cart vendors from Santa Ana’s historic downtown district.
In his decision, Orange County Superior Court Judge C. Robert Jameson stated that the city “is arbitrary and discriminatory when setting boundaries. You’re gerrymandering in a very uneven and building-block fashion.”
The ban, which would have allowed vendors in the Civic Center district but not on 4th Street, was to take effect Jan. 1. But a group of vendors filed a lawsuit Dec. 30 alleging that the law was vague and won an injunction to stop its enforcement.
Under Jameson’s ruling, the vendors will be allowed to operate downtown for up to a year while the judge studies the constitutionality of the ordinance.
Dozens of vendors who stopped by the courtroom to hear the decision Friday embraced in the hall and shook hands. “We are very happy,” Jose Ortiz said. “We are glad we will still be able to do business. I think we can find a solution with the city and the Downtown Business Assn. that will work for everyone.”
A lawyer for the vendors said he read Jameson’s decision as a strong indication that the judge will ultimately rule in their favor. “This is the crucial decision in the case,” Jay S. Bulmash said. “The judge has told the city that he believes the ordinance is unconstitutional. I am pleased that the judge recognized the rights of these vendors.”
Though he expressed disappointment, City Atty. Joseph W. Fletcher said he remains hopeful that the judge will eventually support the ban. “We still think our position is sound,” he said.
The City Council passed the ordinance in August after several downtown merchants complained that the carts created litter and hurt the district’s appearance.
But one business owner said he is not optimistic. “We’re not happy,” said Rudolfo Lepe, who has owned Los Panchos restaurant for about 18 years. “It’s bad news. The answer in my opinion is that they have to move from here.”
