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Policy

D.C. Wants to Lock Up Street Vendors for Code Violations

Elizabeth Nolan Brown | 4.30.2014 4:12 PM

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Large image on homepages | Bloomingdale Farmer's Market/Facebook
(Bloomingdale Farmer's Market/Facebook)
Bloomingdale Farmer's Market/Facebook

With the fourth-highest incarceration rate in the nation, Washington, D.C., seems like a place that needs more reasons to lock people up, right? Well, District Council members here seem to think so, anyway. This morning, councilmembers proposed criminal penalties for street vendors—including food trucks, farmer's markets, and ticket resellers—who don't comply with the city's labyrinth of licensing requirements, the R Street Institute reports.

Under the "Vending Regulations Amendment Act of 2014," considered this morning by the Council's Business, Consumer and Regulatory Affairs Committee, penalties for code violations could include fines of up to $300 and up to 90 days jail time for each violation. The Metropolitan Police Department would be tasked with enforcing these charges against those "illegally vending."

Illegally vending, of course, could simply mean failing to acquire all of the separate permits and certifications that different D.C. departments demand, or overlooking any of the vending code's 80-plus pages of rules. Washington City Paper details just a few of the regulations that local farmer's markets, for instance, face: 

In the past, most market organizers dealt primarily with the Department of Transportation, which gives out public space permits. If vendors planned to cook food, the market would also need a propane permit from the Office of the Fire Marshall. If they were weighing vegetables on scales, they'd get a visit from DCRA's Office of Weights and Measures.

That was before new, stricter code updates were enacted, mind you. 

Now all farmers' markets are required to get a new vending business license from DCRA, which costs $433 every two years. … The new rules also require every market to have a registered market manager on site at all times. That person must obtain a vendor employee badge from DCRA ($55) and a food handler's license from DOH.

The food handling license requires about 20 hours of time and an additional $200. But forego any of these things? Face the cops.

"Without criminal penalties, the District cannot take immediate, spot-of-the-violation action to remove an individual who is illegally vending," D.C. Mayor Vincent Gray wrote in an April 1 letter to the chair of the District Council. Gray added that criminalizing vending code violations would make it easier to penalize out-of-state vendors, who can't be deterred with loss of a D.C. driver's license or other city services.

Heaven forbid somebody comes selling peppers from Virginia without the proper Office of Weights and Measures paperwork! Produce is obviously only safe when you buy it from people who've properly paid off government bureaucrats not to arrest them for selling it.  

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NEXT: Is the Death Penalty Constitutional?

Elizabeth Nolan Brown is a senior editor at Reason.

PolicyNanny StateSmall BusinessRegulationFood Trucks
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  1. John   11 years ago

    When you consider the horrible cocktail of ignorance and smug that is the DC electorate, it really boggles the mind to think how stupid someone has to be to get elected to the council.

  2. Notorious G.K.C.   11 years ago

    Can they use the death penalty and get it over with?

  3. Dances-with-Trolls   11 years ago

    I don't know which is more depressing. The outright police brutality pieces or stuff like this. I think this type of piece hits me harder because it really underlines how far we have gone away from liberty. That something as uncomplicated as selling a vegetable has turned into this, backed up with the threat of violence.

    1. Scruffy Nerfherder   11 years ago

      Is it time to nuke DC yet?

      1. Andrew S.   11 years ago

        I'd rather find a way to cut it off from the rest of the country, drag it out into the Atlantic a bit, and turn it into Escape from DC.

      2. Elizabeth Nolan Brown   11 years ago

        Sadly, I don't think DC's regulations for street vendors and small-scale food producers/sellers are much worse than in other major cities.

        1. Elizabeth Nolan Brown   11 years ago

          (Well, aside from the now threat of jail time)

  4. Juice   11 years ago

    "Without criminal penalties, the District cannot take immediate, spot-of-the-violation action to remove an individual who is illegally vending,"

    Without X being a crime how could we lock up people who are doing X illegally?

  5. HazelMeade   11 years ago

    And in place of the right to vend food to people on the street without navigating a regulatory gauntlet under threat of imprisonment, we offer you welfare and unemployment benefits.

  6. Greg F   11 years ago

    "Without criminal penalties, the District cannot take immediate, spot-of-the-violation action to remove an individual who is illegally vending," D.C. Mayor Vincent Gray wrote in an April 1 letter to the chair of the District Council.

    Just goes to show the District Council members are April fools.

  7. Zombie Jimbo   11 years ago

    Didn't shit like this cause some poor Tunisian guy to set himself on fire? Wait, he'd never get a permit from the fire department.

  8. Invisible Finger   11 years ago

    Washington, D.C., seems like a place that needs more reasons to lock people up, right?

    Absolutely!

    But perhaps we aren't agreeing on the targeted set of people.

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