Tag: Street Vendors

JHISN Newsletter 11/12/2022

Dear friends,

One of the joys of living in Jackson Heights is our vibrant street life, animated by a rich array of food carts and a lively culture of street vending. But behind this sidewalk cheer lies the reality of struggle for immigrant vendors, whose numbers have increased during the pandemic as economic life becomes more precarious. We report this week on the current impasse in NYC street vendors’ fight for legal rights and municipal support.

We also take a look at the housing justice work of Chhaya—a Jackson Heights-based organization serving local South Asian and Indo-Caribbean communities—in the wake of the fatal storm last year that killed 11 basement tenants, including families here in Central Queens.  

Newsletter highlights
  1. Street vendors’ struggle continues
  2. Chhaya works to legalize basement apartments 

1. Street Vendors: Justice Delayed

Despite the passage of City Council legislation aimed at protecting their rights, NYC’s street vendors—almost all immigrants—continue to face daily harassment and disrespect by the city administration. Politicians’ solemn promises to provide new permits and fairer law enforcement have gone unfulfilled.

There are an estimated 20,000 street vendors in the city. Some envision street vending as a step towards a brick-and-mortar store—perhaps following the footsteps of the Arepa Lady of Jackson Heights, Maria Piedad Cano, who is legendary for parlaying a cart on Roosevelt Avenue into a popular restaurant on 37th Avenue. Many more vendors are just trying to survive, including thousands who lost jobs during the pandemic. A vendor in Flushing, who asked to be called Wong, told Documented:

“It’s really tiring and to be honest I don’t really want to be doing this but I can’t do anything else…. I’m pretty old and I looked for another job, but no one would take me. I just want to make some money to pay my living expenses and to operate in a legal way but I can’t get a license.”

Wong, like most other immigrant women street vendors, faces extra risks and burdens. Fifty-two percent of these women are primary breadwinners for their families; 32% are sole providers. Forty-four percent report feeling unsafe at work, because of fear of police or health inspectors, robberies, assaults and race or sex harassment.

Most food vendors are already licensed to serve and sell food; they’ve paid an application fee and passed an eight-hour health and safety course. Yet it’s almost impossible for these licensed vendors to get a license for their cart, because of a rigid cap imposed decades ago in the time of Mayor Koch. The long waiting list for a cart license has been closed for years. Nevertheless, with casual cruelty, the city is dispensing scores of $1,000 tickets for unlicensed carts or stalls. Many local vendors have also been arrested or had their property trashed by the Department of Sanitation.

When we last wrote about the street vendor struggle at the beginning of July, there was a feeling of cautious optimism among activists. Vendors had become better organized. Mayor Adams had endorsed recommendations by the Street Vendor Advisory Board, validating the vendors’ concerns and committing the city to a series of practical improvements. City Council legislation increasing the number of permits was due to take effect that month. The Department of Consumer and Worker Protection (DCWP) was supposed to take over the enforcement of street vending regulations, replacing the heavy-handed NYPD.

But since that hopeful time, aggressive ticketing of vendors has only intensified—now performed by two agencies instead of one. In an analysis of data from June 2021 to May 2022, City Limits reports that DCWP and NYPD together have issued nearly 2,500 fines, a 33% increase from 2019, the year before policies went into effect to supposedly reduce ticketing. City Limits also noted that Jackson Heights was the most ticketed zip code for vendors during the first year of DCWP enforcement. 

On September 29, street vendors and supporters, led by the Street Vendor Project, marched to City Hall to once again demand justice. State Senator Jessica Ramos told ABC News that the vendors “are not criminals, they are hard-working people looking for dignity and looking for the legalization of their businesses.” In response, a DCWP spokesperson alleged that “unlicensed vending and vendors who flout the rules put New Yorkers at risk of everything from food borne illness to traffic crashes.” 

 As vendors struggle to maintain their livelihoods on the streets, Department of Health and Mental Hygiene (DOHMH) bureaucrats botched and delayed the release of desperately-needed cart licenses mandated by the City Council. DOHMH claims it will make the first batch of cart permits (now called “supervisory licenses”) available next year—the ones that were scheduled to be released last summer. 445 supervisory licenses will supposedly be released annually for nine years after that—a meaningful improvement, but still far below demand. 

“One septuagenarian member of the Street Vendor Project recently got an application for a Green Cart permit after 15 years of waiting….The permit would allow her to sell fruits and vegetables in the South Bronx making a modest living for her family. But before she could become a legal vendor, her husband died. ‘I get to see this day that has finally come where I got a permit…and my husband wasn’t able to see it happen.’”Mother Jones (October 2022)

WHAT CAN WE DO?

2. The Aftermath of Hurricane Ida—Chhaya Responds

“We need to start viewing extreme weather events not only as climate change issues, but also as public health crises that most severely impact low-income communities.” Tom Wright, Regional Plan Association report (July 2022)

Just over a year ago, six inches of rain fell in a few catastrophic hours, as the remnants of Hurricane Ida passed through New York City. Eleven people drowned in their flooded basement apartments, many of them in Central Queens and most of them immigrants. Hundreds more basement dwellers lost their belongings and their only home.

Today, some of us have already forgotten the horror of the unprecedented flash flooding in early September 2021. But every household affected by the storm remembers. And the local immigrant-led organization Chhaya has, in the past year, amplified their fight for affordable, safe housing, and for the legalization of basement units that are brought up to code and secure. An estimated 31,000 buildings in Jackson Heights, Woodside, Elmhurst and Corona have “below grade” basement units, many of them rented out to immigrant workers and families, and many of the buildings owned by immigrant small homeowners/landlords.

Chhaya recognizes these basement apartments as a “vital part of the city’s affordable housing stock” that have been criminalized by the city’s archaic housing laws. Fighting for well-regulated, safe, and healthy basement dwellings is part of Chhaya’s broader commitment to housing justice for working-class South Asian and Indo-Caribbean New Yorkers. As founder of NYC’s Bangladeshi Tenant Union, Chhaya has been at the forefront of community organizing and political strategy to empower low-income tenants in immigrant neighborhoods like Jackson Heights—where their main office is located.   

In March 2022, Chhaya and coalition partners in the BASE (Basement Apartments Safe for Everyone) campaign released a new policy initiative calling for:

  • a citywide basement legalization program;
  • $85 million in state funding to support low-income homeowners’ conversion of basements into affordable and safe apartments;
  • new investments in climate-resilient infrastructure (including expanded stormwater capture systems);
  • an “amnesty” program for existing basement apartments that commit to upgrading to legally-recognized units.    

Working-class immigrant communities in NYC are living at the intersection of climate change, a crisis of affordable housing, and radical health inequalities—including unequal vulnerability to displacement and death during extreme weather events like Hurricane Ida. Echoing Chhaya and the BASE campaign’s demands, a July 2022 report released by the Regional Plan Association calls for legalization of basement dwellings to increase safety and security, and for immediate investments in green infrastructure to mitigate storm damage and flash flood events. Both strategies are potentially life-saving transformations for immigrants living, literally, underground in Central Queens.

 WHAT CAN WE DO?

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN. 

 

 

JHISN Newsletter 07/09/2022

Dear friends,

As we enter the thick of summer, we wish you all extra ease and an expanded sense of what’s possible. Our newsletter takes a look at the complicated situation of Dreamers and the tenth anniversary of DACA. And we offer a cautiously hopeful report on changing city policies around street vending in NYC. As we collectively re-dream what immigrant justice might feel like, we are grateful for your support of JHISN. Please put our newsletter to good use!

Newsletter highlights:
  1. Reflecting on DACA Ten Years In
  2. Street Vending Re-structured in NYC?

1. DACA – Still temporary after 10 years

In 2022, it is time to appreciate the good outcomes from ten years of DACA, the Deferred Action for Childhood Arrivals, while recognizing the limitations that urgently need to be overcome. Congress failed to pass the DREAM ACT in 2010, refusing to legislate a path to citizenship for even a narrowly defined group of youth who came or were brought to the United States as children. As DACA recipient from Yonkers, Brian Aguilar Avila, commented, “They always say they have a plan, that congress has a plan, and that Trump had a plan, but it always dies.” 

Joana Toro created a photographic journey of DACA activism in Queens from 2012 to 2022, highlighting both Make the Road New York – which initiated a class action lawsuit to protect DACA-eligible immigrant youth – and the MinKwon Center in Flushing. One of MinKwon’s current Immigrant Justice Organizers, Woojung “Diana” Park, a DACA recipient, stated that being undocumented can make you more a bystander than an activist.  Even so, after the DREAM ACT failed to pass, it was undocumented youth that took action to influence Obama (who was deporting in greater numbers than any president before him) into signing the executive order creating DACA on June 15, 2012. Janet Napolitano, the former Homeland Security Secretary, said she did not expect the policy would still be in place 10 years later. 

Many DACA stories reveal that the eligibility to work without fear of deportation presented the opportunity to obtain a higher education. Although DACA youth were not eligible for state-provided financial aid and had to pay out-of-state tuition costs charged to international students, they could now work to obtain a degree. NY State, seven years after DACA began, passed the Jose Peralta Dream Act, giving undocumented students the ability to qualify for NY state aid for higher education.

Diana Pliego was living in South Carolina, where undocumented people were prohibited from attending public institutions to study. She had to apply to private institutions and, although she received a full-tuition scholarship to Columbia University, could not afford the additional housing expenses. But she and her DACA recipient siblings could now all work, and so could cover those costs. Pliego now works at the National Immigration Law Center (NILC) and was conflicted by the 10-year anniversary because, while DACA has changed lives for the better, the renewal process is problematic: “The past 10 years I’ve kind of had to live my life in two year increments, not knowing if one day someone is going to take this away from me and I won’t have any control over that decision.” 

DACA renewal, required every two years, is perhaps manageable for a college-age student, who can tackle life in short increments. But there are now more DACA recipients over the age of 36 than there are under the age of 20, and over 300,000 US children now have one parent who is a DACA recipient. Bruna Sollod notes, “Now that I’m a mom, now that I have a career that I really love, thinking in two year increments doesn’t work anymore.

Family insecurity is an outcome of bipartisan political dysfunction and anti-immigrant sentiment in mainstream U.S. political discourse. The Trump administration failed, thanks to a court order, to end the DACA program – not because there were issues with the proposed termination but because the change was implemented by an improperly appointed acting secretary of Homeland Security. Ending DACA now would create another US government attack on immigrant families, just like separating families at the border, and would directly impact US citizen children. 

This week a Federal court in Louisiana heard testimony from New Jersey’s state solicitor urging 3 Republican-appointed judges to rule against a lawsuit brought by 9 Republican-led states claiming DACA was improperly created by the Obama administration. If the lawsuit is successful it would shut down the entire program based on administrative procedural rules not on the program’s value or purpose. Terminating DACA would ignore these economic benefits: 94 percent of the DACA-eligible population in the labor force are employed; 45,000 own their own business, and in 2015 working DACA recipients boosted local economies by over $655 million. It would set up the deportation of 542,000 DACA-eligible essential workers, 62,000 of whom work in health care, and almost half of which were employed on the frontlines of the COVID-19 pandemic

As NILC stated, “DACA has served as a lifeline, but DACA recipients need lasting stability. Voters across the political spectrum overwhelmingly favor a permanent solution, and lawmakers have a mandate to deliver.Surveys of the US public show consistently that three-quarters of the population are in favor of granting a path to citizenship for young people brought to the US illegally as children. Esder Chong, who received DACA at 15, and had experience at NILC as she worked towards her two Masters degrees, said, “If and when DACA is rescinded, we need a plan for the undocumented community at large. Congress has no plan. Immigrant rights organizations are not in agreement on what the plan should be.” Chong suggests giving up the idealistic “citizenship for all” solution and pushing instead for “a pathway to residency — a legal status for all” in order for people to stay in the country, to pursue education and a good life, and be able to work and contribute to local and national economies.

WHAT CAN WE DO?
  • Sign the NILC petition to Pass Permanent Protections for Immigrant Youth.
  • Attend the Off-Broadway show ¡Americano! about a DACA recipient who learned of his undocumented status when he tried to become a US Marine after the attacks of 9/11.
  • Retweet the four op-eds that United We Dream created with media company Popsugar to highlight personal stories of DACA.

2. Justice for Street Vendors in NYC

“Just let us work with dignity. We are immigrants, we’re not hurting anybody … We’re out working and trying to provide. All I want is a place to work safely.” –Maria Falcon, street vendor arrested April 2022 

Maria Falcon was born in Ecuador and now lives in Queens. For over ten years, she has worked selling goods from a street cart. On April 29, Maria was on an outdoor subway platform in Brooklyn selling mangoes and melons from a laundry cart when two NYPD officers handcuffed and arrested her. She spent two hours in a police station.  She was partially strip-searched for weapons and drugs, her cart and goods were confiscated, and she was ticketed and released for ‘unauthorized commercial activity.’ Her daughter’s video of the arrest went viral.

Maria’s story is a snapshot in the political panorama of NYC street vending. As an informal sector of the local economy, largely fueled by the work of immigrants and people of color, street vending is regulated through city permits for carts and trucks. NYC caps the total number of permits granted, creating a huge waitlist and an “underground black market” in permits. For years, immigrant justice groups like The Street Vendor Project, and elected officials like Jessica Ramos, have fought to decriminalize street vending and empower street vendors, establish a fair and equitable permit process, and end police harassment of vendors.

In a promising step forward, a report and set of recommendations developed by a new Street Vendor Advisory Board (SVAB) are being embraced by the City Council and Mayor Adams. The SVAB, created in 2021 by City Council mandate, aims to balance the interests of street vendors, small businesses, community organizations, and consumers. It also recognizes that the street vending ecosystem in New York is a vibrant part of neighborhood life and a vital support to the economy.  

In May, the Mayor publicly announced that the city will start implementing several SVAB recommendations including: repealing criminal liability for mobile food vendors; exploring the expansion of street vending opportunities in pedestrian plazas, city parking lots, and metered parking spots; and introducing business supports for street vendors through city agencies.

 Mohamed Atia, director of The Street Vendor Project and a member of the Street Vendor Advisory Board, sounded an optimistic note: 

“For centuries, street vendors have been an essential part of the fabric of New York City. From the Bronx to Queens, street vendors ensure under-resourced communities have access to fresh, affordable food, commercial corridors have diversity of business, and tourists get the iconic New York City experience. And now, for the first time ever, street vendors are stakeholders in deciding the future of the industry … We look forward to continuing to work with Mayor Adams and the City Council to modernize the vending system, ensuring all street vendors are permitted, and cutting the red tape so our city’s smallest business can truly thrive.”

WHAT CAN WE DO?

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN.