Lawsuit Over Vermont Avenue Sidewalk Vendors Dismissed

LOS ANGELES, CA — A judge has dismissed a lawsuit brought by an open- air swap meet operators who alleged that the city and Councilman Hugo Soto- Martinez had failed to control sidewalk vendors who have undercut business from those operating within the Saturday swap meets held in a Los Angeles City College parking lot.

LACC Swap Meet Inc. contended that the Los Angeles Superior Court lawsuit was filed in order to protect the small businesses and street vendors who sell inside the swap meet, some of whom have operated there for decades and had to reduce selling or stop it altogether.

But on Tuesday, Judge Gary D. Roberts granted the city's anti-SLAPP motion on free-speech grounds.

"The entirety of plaintiff's complaint is hereby stricken," Roberts wrote.

The city had contended that Soto-Martinez's advocacy in support of street vending and communications with local street vendors and his constituents fell squarely within the anti-SLAPP statute.

The state's anti-SLAPP — Strategic Lawsuit Against Public Participation — law is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.

According to the lawsuit, the city's had failed to enforce restrictions on sidewalk vending near swap meets or safety-related parking measures requested by the Los Angeles Fire Department. As a result, swap meet was hampered in its ability to operate lawfully and safely, the plaintiff's attorneys further stated in their court papers..

"Despite repeated efforts to work with the council member's office to find a reasonable solution, we reached a point where legal action was our only option to protect the small businesses that operate within the swap meet," Phillip Dane, CEO and co-founder of LACC Swap Meet, said previously. "When outside vending is allowed to take over the surrounding blocks, our vendors get undercut, families lose income and the community suffers."

The lawsuit filed Dec. 26 alleged five causes of action against the city alleging violation of the federal takings clause under the constitution, violation of the state takings clause of the state constitution, interference with prospective economic advantage, interference with contractual relations and private nuisance.

The suit contended that Soto-Martinez supports local sidewalk vending and encouraged those sellers to operate near the swap meet in order to "curate political favor in the local community and to lead the street vendors in commandeering the leased property for themselves."

The lawsuit also notes alleged broader community impacts, including public safety concerns in the surrounding neighborhood by nearby residents who have reported feeling unsafe and that some of their vehicles have been vandalized.

City News Service