Selling churros on the B train should not count as crime
, but the push to earn more money has spilled over into an overall “quality of life” sweep that has resulted in many food vendors being harassed and arrested.
Police and other officials have held the line that these vendors are breaking the law. When asked about the woman arrested on November 8, New York City MayorAccording to Matthew Shapiro, the legal director of the Street Vendor Project, there are two issues. First, it’s against the law to sell food in New York without a food vending permit. There are approximately 5,000 permits in the city, the number of which was capped back in 1983, and a waitlist of over 2,500.
But, as in Foster’s case, sometimes this policing is directly contradicted by the transit systems themselves, which allow vendors to lease storefronts and stalls inside stations and sell snacks and drinks, or sometimes whole sandwiches.says riders are prohibited to “Eat or drink in the paid areas of stations or on the trains,” but the availability of food from a literal store in the station sends a confusing message.
One impetus behind these laws is ensuring food safety, but often, the food being sold is prepackaged candy, granola bars, or fried churros. Or, it’s food like Foster was eating, that was prepared in a licensed restaurant. “I understand the need for cleanliness, but I saw that video [of Steven Foster] too, and it was outrageous,” says Shapiro. “I would be arrested every single day if those laws were enforced.
Shapiro points to de Blasio’s response that one churro vendor was breaking the law. “Let’s talk about all the other things that are against the law and why you’re not doing anything about that,” he says. “The reason is because it’s ridiculous. It’s outrageous. It’s absurd: Either change the laws or leave [vendors] alone, because they’re not really causing problems.”
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