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San Diego's sidewalk vending ban lifted; some want city to revisit ordinance

Posted at 12:17 PM, Sep 05, 2023
and last updated 2023-09-05 15:17:18-04

SAN DIEGO (KGTV) -- The City of San Diego’s ban on sidewalk vending in certain areas like beaches and Balboa Park was officially lifted on Tuesday.

The ban had been in place for several months as part of the city’s ordinance for governing sidewalk vendors, with a big part of the ordinance meant to keep sidewalks clear for safety reasons.

However, some vendors found a loophole of sorts to get around this, and now some San Diegans are asking city leaders to take a closer look at the ordinance.

RELATED: City struggles to enforce sidewalk vending ordinance after vendors cite First Amendment loophole

Under the ordinance, vendors can operate if they are engaged in artistic performance, free speech, or expressive activity -- actions protected by the First Amendment.

San Diego resident Chris said, “Everybody has a right to be here, but not the right to sell; it's not a swap meet or farmer's market.”

Vendor Thea Rea said she feels she has a right to set up shop at the beach, telling ABC 10News, “The First Amendment is … I'm a creator with my hands. You can't say that I can't come to the beach to create.”

RELATED: Sidewalk vending enforcement begins in City of San Diego's beach areas

The communication director for Mayor Todd Gloria sent ABC 10News a statement via email that said the city is going to create a zone where people claiming freedom of speech can operate.

The director added the city will “make sure the ordinance is much more clear as to what constitutes the vending activity being regulated."