El Paso's Street Vendor Regulations Explained
El Paso's Street Vendor Regulations Explained
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Volume 20 Issue 2
20
Board Chairman
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Looks Back on Mean Streets:
IJ’s 20oYears
IJ Client in
USA Today:
Compensate Bone
Marrow Donors El Paso is trying to shut down street vendors like IJ client Maria Robledo by making it virtually impossible to sell food
on city streets.
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By Matt Miller in El Paso, you will quickly see how onerous this
You’ve probably heard a lot of positive buzz restriction is. It has essentially turned El Paso into a
about street vending lately. Vendors are the darling No-Vending Zone.
of many food critics, and they now have their own This new restriction has absolutely nothing to
reality television show. Consumers love the combi- do with protecting public health or safety. It is a
Communications Team nation of eclectic menus and low prices. Budding transparent attempt to “protect” brick-and-mortar
Stays on the Cutting Edge entrepreneurs love the low cost of entry and the restaurants from competition by forcing vendors out
chance to start a business from scratch. And some of business. Notably, the head of the El Paso restau-
cities, like Austin with its recent “Gypsy Picnic,” have rant association and representatives of other brick-
9 begun to embrace vendors for the life and vitality and-mortar restaurants served on the advisory board
they bring to the local dining scene. that assisted the city in drafting the new law.
Unfortunately, in many other cities, vendors The notion that restaurants—which enjoy numer-
are being forced to fight for their very existence. ous advantages over street vendors, such as the abil-
Nowhere is this truer than in El Paso, Texas, where ity to seat and serve more customers, greater stor-
Published Bimonthly by the the city has banned vendors from operating within age space, and full on-site kitchens—cannot survive
Institute for Justice 1,000 feet of any restaurant, grocer or convenience competition from street vendors without government
store. If you imagine circles with a 1,000-foot radius assistance is silly. The government shouldn’t be in
visit us online: drawn around every single business that sells food El Paso Vending continued on page 10
[Link]
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IJ Challenge Grant
defeat of a political candidate without first hav-
ing to get the government’s permission. Small- for site
business owners face fewer barriers when
they communicate with their customers. Free
speech is expanding because of IJ’s merry
band of libertarian litigators.
One of the reasons IJ has remained so
Robert Wilson Doubles Down
successful is that they have the sophistication, for Liberty
confidence and vision to understand that they
are not in the business of trying to right all the By Chip Mellor
wrongs of this world. IJ has carefully chosen national force for liberty, securing
four areas of litigation that constitute the core As we reflect on the 20-year constitutional limits on govern-
of the American Dream—the right to own a history of the Institute for Justice, ment power at a time when that
piece of property and call it yours, the right certain achievements and events has never been more important.
to pursue an honest living in the occupation have laid a strong foundation for IJ has developed the seasoned
of your choice, the right to direct the educa- IJ’s future success. One of the management and professional
tion of your children and the right to speak most exciting was the $5-million staff that, along with our time-
freely on any subject without having to get the challenge grant issued by Robert tested strategy, ensure we are
government’s permission. We have brought Wilson in 2008. With the gener- well-equipped to make the most of
to bear all the talent and passion individuals osity of many other IJ supporters, such generosity.
can muster to make that dream a reality for as we met that challenge. We intend for the Institute
many Americans as possible. IJ doesn’t seek Bob was so pleased with for Justice to become a house-
to plow well-cultivated legal fields. Rather, it the enthusiasm of our donors hold name so that when core
seeks to plant the seeds of order, reason and and what we accomplished American values of property
justice in the fallow fields of law where liberty with that first grant that he has rights, economic liberty, school
must flourish. issued a new challenge grant of choice and free speech are under
To that end, the Institute for Justice $10 million. As before, Bob will assault and someone asks, “Who
recently launched its Center for Judicial provide $1 for every $2 of new can we call?” there is one obvi-
Engagement as a means of engaging the or increased support of $5,000 ous answer: “The Institute for
courts and convincing them that they have or more. For details, please Justice!”u
a vital constitutional role to play if we are to contact IJ’s Vice President for
live in a nation of limited government. IJ has Development Beth Stevens at Chip Mellor is IJ’s
president and general
achieved that with individual courts over the bstevens@[Link].
counsel.
years. Through the new Center, we have every Through this new challenge,
intention of making these changes systemic. IJ will continue to grow into a
IJ’s capabilities may have grown and its
staff may have expanded, but our mission has
never wavered. True effectiveness, like that
demonstrated by the Institute for Justice over
the past 20 years, demands the disciplined
adherence to mission that is an IJ hallmark.u
“Bob will provide $1 for every $2 of new or
David B. Kennedy is the chairman
of IJ’s board of directors. increased support of $5,000 or more.”
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AP Photo/Nick Ut
partially matched donors. This is largely a deep genetic
avoidable, and the shortage of donors is level—something
made worse by a federal law that I and that is especially
other families of cancer patients are fight- hard to find for IJ client Kumud Majumder holds a photo of his son, 11-year-old Arya, at a
press conference outside the federal court in Pasadena. Arya lost his battle
ing in federal court. On Tuesday, the U.S. minorities.
with cancer in part because of a lack of bone marrow donors. Kumud and
Court of Appeals in Pasadena, Calif., will Arya re- other family members of cancer patients are fighting to remove the federal
hear arguments in our constitutional chal- ceived a close-but- ban on compensating bone marrow donors.
lenge against the U.S. attorney general. not-perfect donor
Our suit contests the part of the Na- match in 2009, which created painful and cause flu-like symptoms, and the dona-
tional Organ Transplant Act that bans life-threatening complications for him that tion process can take several hours. Right
families like ours from setting up a pilot required hospitalization for an extended now, donors who are informed that they
program to offer modest compensation to time. A better match may have saved his are a match sometimes decide not to do-
donors with the most needed bone marrow life. Expanding the donor pool will not nate, often because they can’t take time off
and thus save more lives. The law makes only create more donor matches, but also work. Offering simple incentives, including
offering any compensation—such as a better ones. college scholarships to young-adult do-
housing allowance—a federal crime that But to increase the donor pool, it nors—whose marrow is healthiest—could
could land everyone involved (from the makes sense to offer modest compensation increase the number of people who go
doctor to the donor to the patient) in jail. to offset the inconvenience and discomfort through with donation.
In our view, the Constitution does not al- of donating. Donors generally donate by This case isn’t about medicine; every-
low the government to imprison people for receiving an injection once a day for five one agrees that bone marrow transplants
doing no harm while saving lives. days to increase marrow-cell production, save lives. This case is about whether indi-
and then having marrow cells drawn from viduals can make choices about compen-
Severe donor shortage their arm using the same technique used sating someone or receiving compensation
The problem for cancer patients is by donors of other blood components such for making a bone marrow donation with-
that only 2% of Americans are on the na- as platelets and plasma. The medicine can out the government stopping them.
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By Christina Walsh But Mount Holly officials decided mortgage, and also went back to school to
A southern New Jersey township is 10 years ago to give the community to improve her employment prospects. Her
demonstrating just how far tax-hungry gov- Philadelphia developer Keating Urban children have all gone on to college or
ernment officials will go in their quest for Partners so that firm could build over- entered the workforce and are themselves
pie-in-the-sky development—and why restric- priced luxury apartments and townhomes. homeowners.
tions on the use of eminent domain are so Leona Wright is one of the residents These women and their neighbors
desperately needed to protect hard-working the township is trying to get rid of. She deserve to keep what they have worked so
property owners. turned 92 last month. When she moved hard to own.
Mount Holly officials have been using to the Gardens, her son was in third grade; To raise awareness about this abuse
the threat of eminent domain to rip apart the he is now a grandfather. Her family pur- and to reinforce the community’s unity and
Gardens, a community once home to 1,000 chased two row homes and combined resolve, IJ teamed up with residents and
residents. Officials bought up more than them into one when her now-deceased hus- held a Harvest Festival this past fall with
300 garden-style row homes and are board- band, a World War II veteran, was stationed games, prizes, donated food and a line-up
ing them up then tearing them down, even at Fort Dix. Her home is lovingly decorated of speakers from across the state. We also
while they are still attached to homes that with photos of her family. placed op-eds in the Philadelphia Inquirer
are lived in—creating “blight” with reckless Nancy Lopez also lives in the and The Huffington Post. In January, we
demolitions that often cause severe damage Gardens. She raised five children on her launched a billboard campaign, and pro-
to the remaining homes. own in her three-bedroom home. At times duced a video that can be viewed at
The spacious but modestly priced she has worked two jobs to afford her [Link]/MountHolly.
homes in the Gardens have attracted To underscore not only the moral
hard-working, low-income families since bankruptcy of what the township is
they were built in the 1950s—typically doing, but also its economic bankruptcy,
African American and Hispanic first-time IJ’s Strategic Research team docu-
homebuyers. The Gardens became a mented that the township’s fiscal-impact
close-knit, vibrant community where study of the development relied on
residents took care of one another. unrealistic assumptions about the hous-
[Link]/MtHollyVideo
Watch the video about how Mount Holly, N.J., residents
are fighting eminent domain abuse.
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Pictured left, the Institute for Justice is taking its fight against eminent
domain abuse in Mount Holly, N.J., to new heights with billboards that
spotlight this use of eminent domain for private gain.
ing market and the economy. Based on our findings, the township
could actually suffer an annual loss of $1 million—that’s 10 percent
of the township’s entire budget.
So far, township leaders are unmoved. During the holidays, the
remaining residents (less than one third of the Gardens’ residents
are left) received the township’s final offers for their homes, which
they had until mid-January to accept or face condemnation.
The Gardens has been destroyed for a project that may result
in a loss for the township of $1 million a year. Not only do officials
refuse to provide residents with replacement housing in the new
development, the amounts being offered them are half the amount
smaller versions of their homes are selling for just a few blocks
away.
As of the end of February, the Gardens’ residents remain in
limbo—but they fight on, knowing that this is an unconscionable
abuse of power that is emblematic of New Jersey’s horrible eminent
domain law. The Institute for Justice will continue to fight for justice
for the Gardens’ homeowners and for reform at the state level to
prevent this tragedy from ever happening again.u
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IJ Innovation:
Video Op-eds are for site
IJ recently created a state-of-the-art video production studio that enhances the Institute’s ability to create high-quality and creative videos in house.
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BORDER
EL PASO
At a press conference in El Paso, IJ Texas Chapter Executive Director Matt Miller and our clients discuss [Link]
city’s efforts to shut down Note, Points Not Inside El Paso
Border May be Regulated Under
mobile food vendors and protect brick-and-mortar restaurants from competition. Among other means, IJ has created compelling graphics Extraterritorial Jurisdiction
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Volume 20 Issue 2
Institute for Justice “[T]he nonprofit, libertarian law firm that filed the case, the Institute for Justice, said
901 N. Glebe Road a broader principle was at stake. At what point do state licensing rules impose ‘an
Suite 900 unreasonable restriction on people’s ability to earn a living?’ said Clark Neily, a senior
Arlington, VA 22203 attorney with the firm, which is based in Arlington, Va.”
Extensions:
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