A proposed Sidewalk Vending Ordinance in Davis sparks concern for some community members
By LAILA AZHAR — features@theaggie.org
A student who stops at a taco stand for a quick bite after a long day on campus likely isn’t thinking about state legislation or municipal ordinances. A few dollars change hands, foil-wrapped food is passed across a counter and they move on. The interaction is informal by design — it’s street food, after all. Ease and speed are baked into the business.
But behind the scenes of a casual stop for a taco is a tangle of legislation and competing interests.
Street vending has been legalized in California since 2019, through Senate Bill No. 946 (SB 946), also known as the Safe Sidewalk Vending Act. The bill prohibits local authorities from restricting sidewalk vending, unless restrictions are directly related to objective health, safety or welfare concerns.
In 2023, Senate Bill No. 972 (SB 972) went into effect, expanding access to vending permits and integrating street food vendors into the formal food vending regulatory framework, tailoring to their business model rather than relying on restaurant-oriented standards.
This month saw Senate Bill No. 635 (SB 635), also known as the Street Vendor Business Protection Act, go into effect, prohibiting local authority from collecting information about an individual’s immigration or citizenship status, place of birth or criminal record when issuing vending permits, and barring enforcement agencies and local entities from aiding immigration enforcement when enforcing sidewalk vending laws.
In Davis, this legislation has taken on renewed relevancy. On Feb. 17, the Davis City Council will host a public hearing for a new Sidewalk Vendor Ordinance.
While the ordinance’s full details are not yet public, some street vendors worry the city is preparing to crack down on vending.
According to Gustavo Landeros Mireles, owner of popular Churro stand “Churros El Rey,” which operates on weekends at the E Street Plaza, tensions have been escalating between brick-and-mortar restaurants and street vendors. Mireles claims some restaurants have repeatedly called police on vendors — pressure which he believes helped prompt the new ordinance.
“The brick-and-mortar restaurants are weaponizing the police,” Mireles said. “I call it police-sponsored prosecution toward the street vendors.”
In a 2022 lawsuit, several organizations and street vendors sued the city of Los Angeles over the creation of “no-vending zones” near tourist-heavy areas, according to Mireles. He is worried that Davis could attempt to introduce similar restrictions, potentially barring him from selling in E Street Plaza, where he has operated for nearly four years.
Other Davis-based street vendors share similar concerns. As a vendor, who wished to remain anonymous, pointed out, changes in laws regarding street vending are often confusing and costly for businesses.
“There needs to be communication,” the vendor said. “I don’t want to get in trouble if they tell me something is not allowed, but it was before, and I didn’t even know about the change. I don’t have time to stop selling and figure everything out — this is my job. I have to do this.”
In anticipation of the public hearing and councilmembers’ vote on the new ordinance, Mireles has focused on informing city officials about laws protecting street vendors, hoping to ensure that any new legislation will not conflict with existing state protections. He has met with both the police chief, who drafted the legislation, and members of the Davis City Council.
“I just want to show them: I’m not causing fear, I’m not the one trying to take business away from low-income communities,” Mireles said. “The restaurants have demonized street vendors. I want them to meet the devil. I want them to see who I am so that way they can see I have blood, I have two eyes, two hands, like everybody else.”
Mireles has been cautiously reassured by meetings so far, noting that the welfare of Davis residents will remain a priority for all as discussions continue.
“We’re just trying to be diplomatic and save resources and money from taxpayers,” Mireles said. “Who ends up paying for litigation? Taxpayers, right? And I’m trying to avoid that.”
His goal is to provide both council members (who will vote on the ordinance) and the restaurants which have called the police on vendors with information about SB 946 and SB 972, to reinforce that street vending is legal in California.
Drawing inspiration from events in Los Angeles, he hopes to host a night market which brings together brick-and-mortar restaurants and street vendors.
“We’ll have live music, we’ll invite all the brick-and-mortar restaurants and have something big for the community,” Mireles said. “The point is to normalize street vending, right? So people can see, ‘Hey, it’s legal, it’s okay.’”
This normalization is made difficult by a federal administration which is increasingly hostile to immigrants and Latino communities. Street vending — an industry dominated by Hispanic vendors — has faced heightened scrutiny alongside rising anti-immigrant rhetoric.
As the anonymous vendor noted, fears about deportation or harassment by Immigration and Customs Enforcement (ICE) affect the job day-to-day.
“They know that [street vendors] are Mexican, Hispanic,” the anonymous vendor said. “It’s an easy target. It’s scary to think they might see you on the street, just selling food, not hurting anybody, and try to come for you.”
In January 2025, shortly after President Donald Trump took office for his second term, Mireles recalled being harassed and threatened with arrest for trespassing by an officer.
“The saddest part is, at the time, I knew what the law was, I just wasn’t sure,” Mireles said. “Thankfully, I was able to contact Public Council, and they’re like, ‘Gustavo, you’re right, the city can not kick you out, they’re not complying with the state law.’”
If confusion and fear can persist even among organizers familiar with the law, Mireles worries the anxiety is even greater for vendors who lack access to legal information or advocacy networks. This has been an issue, he noted, when discussing the new Davis ordinance.
“As I’m trying to organize the people, it’s really hard to get them to come along and organize because they’re scared,” Mireles said. “They’re scared that ICE is going to come get them. Everybody is watching horrible things on TV, like what’s happening in Minnesota. Terrible things. People are scared, and that’s why I want to let the community know what’s going on and hopefully we can get people to support us.”
Mireles is gathering people to make public comments at the Davis City Council public hearing for the Sidewalk Vendor Ordinance on Feb. 17. Those interested in participating, or interested in viewing information about Mireles’ business can reach him on Instagram at @_churros_el_rey.
Written by: Laila Azhar — features@theaggie.org
