Mustaqeem

I. FACTUAL AND PROCEDURAL BACKGROUND

Public sidewalks, particularly in business districts, are a traditional venue for selling newspapers and other wares, but cities also have a long- recognized interest in placing restrictions on the use of public sidewalks “to promote public safety,” often spurring litigation over the balance between vendors and cities. (See Young v. Municipal Court (1971) 16 Cal.App.3d 766, 769–770.) This case presents one such conflict and requires us to balance state legislation aimed at protecting the rights of sidewalk vendors against the City’s interest in implementing regulations directly related to objective health, safety, or welfare concerns. We begin with an overview of the relevant statutes and ordinances. A. State Sidewalk Vending Legislation In 2018 the California Legislature passed Senate Bill No. 946, addressing the authority of local municipalities “to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street.” (Legis. Counsel’s Dig., Sen. Bill No. 946 (2017–2018 Reg. Sess.).) In doing so, the Legislature expressly found and declared: “(1) …