On Demand Audio

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

(702 reviews)

Produced on May 16, 2017

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$ 89 Administrative and Food, Beverage, & Agriculture In Stock
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Course Information

Time 1h
Difficulty Intermediate

Course Description

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

Credit Information

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David Schwartz

Gerstman Schwartz Law

David 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. Whether it is in the courtroom defending and advocating on behalf of litigants in high profile criminal and civil cases or in the halls of the Capital, the same philosophy and attitude exists which is to advocate as aggressively and passionately for the client. Mr. Schwartz has represented clients at all ends of the spectrum including some of the largest companies in America to some of the least fortunate in our society on criminal matters. Every client gets the energy and attention needed to achieve positive results. It is this training as a trial attorney, trying dozens of felony cases and handling thousands, that makes him extremely effective in navigating the political process for his clients.

He lobbies for a wide variety of large corporations, not-for-profits, trade associations and individuals. He is also a prolific political fund raiser, having raised hundreds of thousands of dollars nationally. Mr. Schwartz uses his trial skills in the halls of Albany as a fierce advocate for his clients. Mr. Schwartz has been a regular guest legal and political commentator for the Fox News Channel, NBC Today Show, MSNBC, Headline News, CNN, WABC News, Fox & Friends, WPIX, Court TV and for the ESPN morning show.

Mr. Schwartz has been asked by these television networks to give legal and political analysis and his expert opinion on criminal cases, constitutional legal issues, political issues, civil cases, cases in front of the Supreme Court and local Political figures. He has also been quoted frequently on cases and political matters in the NY Post, NY Times, Daily News, Wall street Journal and NY Law Journal and hundreds of other periodicals nationally. Mr. Schwartz was appointed by the New York State Senate as a Commissioner on the Commission on Judicial Nomination which nominates Justices to the NYS Court of Appeals and also served as a Trustee of the Brooklyn Bar Association.

Mr. Schwartz was also appointed by the Governor to serve on the Board of the NY Javits Convention Center. Mr. Schwartz is able to bring together for our clients, his vast experience in law, business, media and politics and uses every advocacy tool available in order to achieve results for our clients. When direct lobbying is not effective, you will see Mr. Schwartz using the media, grass roots campaigns, television and radio advocacy in order to get the point home and educate the public and government officials.

David Schwartz served the People of the State of New York as an Assistant District Attorney in Kings County from 1993 through 1997. As an Assistant District Attorney, Mr. Schwartz handled hundreds of criminal prosecutions. He successfully tried numerous felonies and misdemeanor cases which lead to the conviction and incarceration of many criminals. David Schwartz has been engaged in the private practice of law and government relations from 1997 to present. He has handled hundreds of criminal cases in private practice and has tried many of those cases. Mr. Schwartz presently concentrates his practice on lobbying and Government Relations. Mr. Schwartz also represents various businesses and counsels them on all legal issues and political issues. Mr. Schwartz is admitted and appears in the United States Supreme Court, United States District Court of New York, Eastern and Southern Districts, United States Tax Court, New York State Supreme Court, New York City Criminal and Civil Court, and Nassau County District Court.

Mr. Schwartz has argued appeals in the New York State Appellate Division, First and Second Departments and the United States Court of Appeals (2nd Department). Furthermore, he has appeared Pro Hoc Vice in the United States District Court of New Jersey. 

Mr. Schwartz has worked tirelessly in; keeping Walmart out of NYC; stopping No Fault Insurance fraud; stopping illegal cigarettes in entering the market place; fighting government agencies in stopping progress; vigorous representation of supermarkets; campaign to change the standard of care in the reprocessing of endoscopes; Hedge Funds, Insurance Companies, special needs schools, major research institutes, towns and municipalities and many others.


deborah m.

Fabulous. Knowledgeable, enthusiastic, and entertaining speaker. Agree with his point of view, but appreciated his full disclosure.

Thomas K.

This program and the written materials are excellent. The faculty is knowledgeable and good.

Andrew G.

Nice job by that guy.

Richard W.

great presentation!!!!

Jill B.

Dynamic and engaging speaker

Andrew P.

Very interesting course! Nice Presentation Good speaker

June C.

Very interesting

Roman W.

Mr. Schwartz gives an interesting and entertaining presentation. Excellent speaker.

Jenik R.

conceptual, analytical and practical

Geoffrey D.

I appreciated Mr. Schwartz' animated personality and insight from a lobbying background.

James E.

Good speaker.

Laura C.

Given the increasing popularity and celebrity of Food Trucks, this course is both relevant and timely. Excellent presentation!

Gregory L.

Mr. Schwartz knows his topic, and how to present it.

Gaston W.

I must admit that I went into this viewing with a curiosity about the emerging Street Vendors throughout Raleigh, NC. This was an excellent presentation not only for my benefit but I found it thought enhancing about the changing face of retail and food retail. GW

Michael G.

Great presentation

Sarah S.

Loved the presenter's energy and personal insights. Thumbs up to David Schwartz! Please get him to do more!

Michael F.

Very engaging presentation.

Abigail M.

Really unique and interesting topic

erick w.


Marc Z.

The speaker had a great presence; made a bland subject more enjoyable and made me feel connected and more interested! Please have him teach more subjects!

William Z.

Entertaining presenter.

Donna K.

I really liked that he disclosed at the beginning that he had a bias and then the rest of the program he presented all sides while continuing to point out his bias. Excellent presentation.

bill w.

speaker was very interesting

Pedro S.

Short and precise presentation on this topic and the speaker was not boring.

Otis C.

Very different issue-interesting

Robert C.

one of the best lawline courses I have taken! (although essentially a constitutional law primer)

Amber W.

Fun topic! Really enjoyed it.

Ricardo A. R.

Well explain, great speaker!

Rick K.

Very Good !!!

Andrew P.

Interesting topic.

Peggy F.

David Schwartz is a great presenter.

Jaime C.

Great substantive knowledge and great energy from the presenter

James S.

Great instructor--lively and interesting

Karen S.

Very nice broad overview of street vendor regulation.


Great info. Even though he is a lobbyist, I felt that he did give a fair and balanced course. I liked his energy about the topic.

Carrie L.

Unique--municipal codes not often covered in CLE.

Stacey W.

nice presentation

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