Claim vs. Right: Street Vending Regulations in the 21st Century

For those living in big cities, street vendors are a common occurrence. They sell food, merchandise, art, and just about everything in between. As customers, we rarely consider the inner workings of the industry. But just beneath the surface lies a complex web of laws and rules governing one's ability to vend in a public forum.

For the most part, the rules governing vendors are the product of local legislation, which is the result of heated advocacy from opposing political and economic factions. This course, presented by David M. Schwartz, partner at Gerstman Schwartz & Malito LLP, reviews the legal framework governing street vending in the United States. Mr. Schwartz provides a brief history of street vending, outlines applicable law, explains the policy decisions and implications underlying current regulatory schemes, and offers guidance for practitioners.

Mr. Schwartz has spent his entire career practicing law as a litigator and, for the past decade, as a lobbyist and advocate on behalf of businesses, trade associations, not-for-profits, and individuals. As the spokesman for the New York Association of Grocery Stores (NYAGS) and the New Yorkers for Street Vending Reform, he has played a prominent role advocating for brick-and-mortar stores throughout New York.

Learning Objectives:

1. Attain a general familiarity with laws governing street vending in major cities throughout the United States

2. Understand the tension between relevant interests-including street vendors, brick-and-mortar stores, and local city governments

3. Know the common restrictions placed on vendors, including the arguments supporting or opposing those restrictions

4. Discuss pending legislation through a New York City case study