SAN DIEGO (KGTV) — The City of San Diego is being sued for its sidewalk vending ordinance for the second time in less than a month.
A lawsuit filed in federal court by William Dorsett and Rogelio Flores alleges their First Amendment rights are being violated under the City's ordinance, revised in February.
Dorsett, who is a spray painter, and Flores, a magician, take issue with the City's designated areas where expressive activity is allowed under the First Amendment. The ordinance lists where vending can happen in city parks and beaches.
Dorsett frequently sells his art in Balboa Park and La Jolla Cove. He says the spaces the City requires him to sell his spray paintings are too restrictive for his setup and too far away from potential customers and foot traffic.
In the suit, attorney Jeremiah Graham writes, "The City of San Diego and its employees deprived both Plaintiffs William J. Dorsett and Rogelio Flores of their rights when they created arbitrary and unjustified location-based restrictions that limited the reach of their speech."
A 2018 state law decriminalized sidewalk vending in California but allows local authorities to adopt non-criminal laws to protect public health, safety and welfare.
The lawsuit, which calls the ordinance too vague, says both Dorsett and Flores were given citations by officers in 2023, before the 2022 ordinance was revised.
Dorsett rejects the assertion that he runs a private business on public land.
"I think they have no clue of what it's like to be out here," Dorsett said of the City. "This isn't a private business. This is expressive activity. I'm out here creating for the public. I'm allowing the public to enjoy what I do," he said.
The City of San Diego declined to comment on the lawsuit. A spokesperson said the City does not comment on pending litigation.
The City was also served with another lawsuit this month by 12 Gaslamp Quarter businesses, who claim the City and the police department are not enforcing the same ordinance with unlicensed hot dog vendors at night. Even if licensed, street vending is banned year-round in the Gaslamp Quarter.
In addition to the two lawsuits, a group of yoga instructors, whose beach and park classes are also included in the ordinance, sent the City a cease and desist letter last week. The instructors and their attorney, Bryan Pease, said they will likely sue the City if enforcement doesn't stop.
