Public Interest Lawyer



LAW SUIT RELATED TO VENDORSNoYear CaseNoteLinkResult2012Peshas vs The Ricketts FamilyThe Ricketts family, which bought the McDonald’s last year and told the Peshas their lease for 1,500 square feet of the parking lot was canceled.The lawsuit said the Peshas have signed leases with the previous owners as far back as 1993, and they signed a five-year deal in 2010 that gives them an option to lease the space until 2020. Ridge vs Halal food VendorsStreet vendors sued by restaurant owner Street Vendors vs NYPDSoho Street Vendors to Sue NYPD, City Over Seizure of Goods. Vendors vs City of Atlanta“The suit contended that by revoking the entire existing street vending permits – originally slated to take effect on December 31st, 2012 – and forcing all vending to flow through GGP, the city was essentially mandating a forced monopoly.” vendors win suit against City of Atlanta.2011Street Vendors (represented by Institute for Justice) vs City of HialeahVindicating the Right to Earn an Honest Living Under the Florida ConstitutionHialeah’s Laws Make Safe & Effective Street Vending Impossible“Vendors are challenging a law passed by the city of Hialeah, Fla. (located near Miami), that not only makes vendors’ work more dangerous by forcing them to constantly be on the move rather than vend in one location, but also is purposefully anticompetitive—making it impossible for vendors to compete against politically powerful brick-and-mortar businesses.”“In addition, the inalienable rights component of the Basic Rights provision—recognizing the right to enjoy and defend liberty, to acquire, possess and protect property, and “to be rewarded for industry”—protects substantive rights including the right to do business free from unreasonable government regulation.” v. City of El PasoThe Institute for Justice brought suit against the city of El Paso, which stopped mobile food vendors from operating within 1,000 feet of a restaurant or convenience store, and prohibited them from stopping to await customers anywhere in the city. Three months later, the city passed a new ordinance that eliminated these and other protectionist restrictions. Vendors vs TexasThe city made it illegal for mobile food vendors to sell anywhere within 1,000 feet of a restaurant or grocery store.The lawsuit also marked the beginning of the National Street Vending Initiative, an activism platform to ensure the proper rights of street vendors. vendors won their case, and the city pronounced a new ordinance relinquishing the overbearing location regulations.2011Street Vendors vs Police Commissioner&officer.Upper East Side Taco Truck Files Lawsuit Against City “Each day the truck was towed, Paty's received a ticket for illegally selling "merchandise" from a metered spot. (The tickets were subsequently dismissed on technicalities.)The suit claims that these tickets were "based on an inapplicable and outdated traffic regulation which prohibits the sale of merchandise, but not food, from a metered parking spot" and that enforcement of Paty's has been "unreasonable, arbitrary and capricious." Dog Vendors vs Nebraska TownA judge has ruled that a Hickman hot dog vendor can continue to store his cart and food in his garage. CasketsIn August 2010, the Institute for Justice teamed up with the monks of the Saint Joseph Abbey to challenge the constitutionality of Louisiana’s requirement that the monks must be licensed as funeral directors in order to sell their handmade wooden caskets. Institute won at the trial court level and the case is now on appeal to a federal appeals court.2010Chauvin v. Strain—In July 2010, as a result of IJ’s lawsuit, the Louisiana legislature abolished the demonstration portion of the nation’s only florist licensing exam, while leaving in place (for now) a short written exam that presents no serious obstacle to would-be florists. The bill passed both houses of the Louisiana legislature by wide margins and was signed into law.2010Taylor Swift vs 16 Vendors (Nashville)Taylor Swift wins lawsuit against fake merchandise vendors Swift took legal action against 16 individuals who were found to be selling fake Swift goods across the U.S. a result, the 16 street vendors have been banned from manufacturing or selling any further merchandise bearing Swift's face or name.2009Ousmane v City of New YorkClass Actionthat plaintiffs are awarded as against defendants the sum of $160,877 as and for reasonable attorneys' fees, together with the sum of $1,408 as and for reasonable and necessary litigation expenses. City Market vs John MavrikisA dispute between a small restaurant owner and the Indianapolis City Market has ended. John Mavrikis, owner of the Grecian Garden, will move into the historic Market House next month after a Marion Superior Judge ruled in his favor.As a result, Mavrikis becomes the last vendor to make the move. In December 2006, vendors were moved to the east wing as the Market House underwent an extensive renovation of New York v. DominguezThe Urban Justice Center represented a Lower East Side hot dog vendor in New York State Supreme Court after the City seized his pushcart and sought its forfeiture in 2002. We filed a motion to dismiss the forfeiture on the grounds that, among other things, it would be unconstitutionally cruel to take away his livelihood for a minor, first-time violation. City settled the case and returned the vendor's property.2002Cummings v. City of New YorkThe lawsuit was about arbitrary and unfair harassment of a food vendor in East Flatbush, Brooklyn. The lawsuit sought a judicial declaration that the City's enforcement of an obscure 1938 peddling regulation against the vendor was improper. Court granted preliminary relief, allowing the vendor to return to her spot pending final resolution of the case. ................
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