Amid Legal Battle, Atlanta City Council OKs New Street Vending Program

www.nps.gov / WABE News

Amid a four-year legal battle, the Atlanta City Council Monday signed off on a new street vending ordinance backed by Mayor Kasim Reed.

Shortly after its approval, a Fulton County judge postponed a decision over whether to hold Reed and Police Chief George Turner in contempt of court for refusing to allow street vending under the city’s prior ordinance.

Atlanta’s City Council approved the new vending program 11-2, with Councilwoman Felicia Moore and Councilman Kwanza Hall opposed. Minutes after the vote, Mayor Reed signed the measure into law.

“The goal was to put them back to work and we’ve taken a giant step in doing that,” said Councilman Michael Julian Bond, who had previously tried and failed to do exactly that.

The new program initially allows up to 31 vendors (19 kiosk locations and 12 cart locations) to operate in downtown Atlanta, but Five Points MARTA station and Turner Field remain off limits. Vendors will have to use city-approved kiosks (rented at a cost of $2,500 per year) or carts (bought at the vendor’s expense) – tents and fold-out tables won’t be permitted.

Larry Miller of the Atlanta Vendors Association said the ordinance is full of problems and was rushed through to help Reed and Turner avoid legal sanctions.

“We don’t need any more unconstitutional ordinances put in place. Give us a chance to look over it, read the language, and rebuttal what you’re trying to do,” said Miller.

The city and street vendors have been battling in court since 2009 when then-Mayor Shirley Franklin backed an ordinance that contracted out the city vending program to a private company. In December, Fulton County Judge Shawn Ellen LaGrua ruled the ordinance unconstitutional but legal wrangling continued over what, if anything, the city had to do about it. 

In March, the city began enforcing a ban on all street vending. Reed said it would be lifted when his administration developed a new vending system. He vowed to have it in place by the end of the year. In the meantime, out-of-work vendors pushed for a temporary system, but Reed refused, saying he didn’t want Atlanta resembling a “swap meet” while the new plan was developed.

Last month, LaGrua clarified her ruling, declaring the city had to allow street vendors to work under the pre-2009 system. The city appealed the judge’s order, and since then, vendors have argued Reed should be held in contempt for refusing to issue vending permits.

At Fulton Superior Court Monday, LaGrua held off ruling whether Reed and Turner were in contempt over the permits. She said she needed time to review the new vending ordinance.

During the hearing, city attorneys argued the contempt motion was now moot given the new ordinance. 

LaGrua commended the city for passing the ordinance and said she’d issue a decision on the contempt charges later this week.

Attorney Robert Frommer, speaking on behalf of the vendors, said the new ordinance shouldn’t mean Reed gets off the hook. 

“We’re confident that the mayor’s lawless actions merit a finding of contempt and we will keep fighting for that declaration either here or any other court we need to go to,” said Frommer.

Meanwhile, he called the new ordinance unconstitutional and said vendors would explore challenging it in court.