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City Law Regarding Sidewalk Vendors is Designed to Protect Minors from Public Display of Harmful Material

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The City of Mission Viejo this week will begin enforcing a City law regarding sidewalk vendors that is designed to protect minors from the public display of harmful material.  

According to Mission Viejo Municipal Code Sections 11.10.020 and 14.01.580, the bottom portion (two-thirds) of any vulgar or profane word, depiction, photo or graphic must always be blocked from public view. To comply with the Municipal Code, sidewalk vendors can remove or conceal items entirely from the public eye. Violators of the Municipal Code could face daily citations.  

Along with adhering to the Municipal Code, vendors are required by the American Disabilities Act (ADA) to provide at least four feet of sidewalk clearance. Vendors are prohibited from setting up booths on a curb ramp or at the top of a curb ramp. Violations blocking the path of travel are subject to citation under Section 14.01.010. 

California Senate Bill 946 (Sidewalk Vendors) - opposed by Senator Patricia Bates (R-Laguna Niguel) -  allows vendors to sell merchandise on public sidewalks as long as they do not violate the American Disabilities Act. The law does not require them to have a permit from the City.  However, those sidewalk vendors displaying harmful material to minors in the public view could face Municipal Code citations of up to $500. 

Sidewalk vendors with questions or residents with complaints (and accompanying photos) should contact PublicWorks@cityofmissionviejo.org or call 949-470-3056.  

Comments

Submitted by Bill Dean on Wed, 01/27/2021 - 2:38 pm

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Thank you to our city council for passing this,. Hopefully, this will be enforced and prevent a repeat of the sidewalk vendors who were selling Trump clothing with profane language on them, displayed in full view, and non-compliance of ADA clearance on public sidewalks.

Submitted by colleen p dabreu on Thu, 01/28/2021 - 4:32 pm

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Thank you! I was so frustrated driving by the "F--- Biden" T-shirt displayed on Alicia Parkway. How do you teach respect to children when they see that?!

Submitted by Barbara Hosmer on Thu, 01/28/2021 - 6:11 pm

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i wish we could ban sidewalk vendors altogether. it's tacky. and i don't see how they could leave 4 ft of sidewalk in some of the locations a saw/see them.

Submitted by Darla Magana on Thu, 01/28/2021 - 6:18 pm

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I wonder, would graphics of guns, be included within this law? Are guns considered within the description of " vulgar or profane word, depiction, photo or graphic"?

Submitted by John Brennon on Thu, 01/28/2021 - 6:25 pm

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Great news! Still wondering how pop-up vendors/tents are allowed on public sidewalks since I have not seen this before the Trump merchandise showed up. I have lived in MV 40+ years and have never seen tents allowed on sidewalks. What's to prevent a hot dog vendor from selling hot dogs next to the pop-up tents. Just curious??

Submitted by Karen on Thu, 01/28/2021 - 6:26 pm

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Thank You
Yes it needs to be enforced .
I agree that we need to teach and show respect.
It’s been greatly absent in our lives.

Submitted by Dale Tyler on Thu, 01/28/2021 - 6:32 pm

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Sounds like a typical overreaction by government employees who don't like the message being liberal Democrats themselves.

When Government starts banning speech, beware. As one saying goes, they came for the communists, but I was not a communist so I didn't care...

Someday they will ban anything that criticizes the city or makes the city look bad. By then, the 'bans' will be routine and no one will even notice. How sad.

I am OK with preventing lurid pictures from being viewed by minors. However, it is unconstitutional to ban written text or the spoken word that does not advocate specific violent acts. As distasteful as this 'speech' may be to some, those who have commented here should remember these words from Benjamin Franklin:

"Without freedom of thought there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech."

and

"Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins. Republics…derive their strength and vigor from a popular examination into the action of the magistrates."

Submitted by K Arendt on Thu, 01/28/2021 - 6:32 pm

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I have lived in Mission Viejo 33 years and have NEVER seen these sidewalk vendors. The profanity should have been removed immediately. I’m glad the City is finally taking a stand on this.

This person who owns these stands lives in Missouri?

Unbelievable!

Submitted by Deirdre Perez on Thu, 01/28/2021 - 6:45 pm

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I am so thrilled to see this. I understand political speech but I cannot stand to see the F word in giant letters in my neighborhood! I have trouble understanding how his supporters feel this is moral. I did explain to my 7yo that his supporters wanted her to know that word!!!

Great work!

Submitted by Jason on Thu, 01/28/2021 - 6:50 pm

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Thank you so much for making quick work enacting this law. The profanity is really disgusting. My kids are just learning how to read and it's been awful having to come with an explanation for what that ugliness means.

Submitted by Chris Perko on Thu, 01/28/2021 - 6:56 pm

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I requested this months ago. My request was not responded to and ignored two times. . I CAN imagine why this language was not banned until after the inauguration. Inexcusable and embarrassing. MV is one of the very rare cities that allow these stands. So sad.

Submitted by Linda on Thu, 01/28/2021 - 7:04 pm

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Unfortunately, this should have been done long before the election. It would have spared those driving on Santa Margarita Parkway near Los Alisos from seeing the giant "MAGA Fight Club" signs for sale at the Trump stand - with Trump dressed in only a thong! Honest!

Submitted by Greg Nelson on Thu, 01/28/2021 - 7:25 pm

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I had a nice conversation with one of the operators of a Trump merch tent. He said that all the pop-ups in Orange and Los Angeles countries were funded by an out-of-state attorney who had all the merch produced. I didn't ask him the details about how this arrangement worked.

Submitted by Amy Dalphy on Thu, 01/28/2021 - 7:26 pm

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How does Mission Viejo benefit from these vendors? Are we receiving fees? We should be, especially as the vendors are not residents and the police will have to spend time getting the foul language off our streets.

Submitted by Devon Tescher on Thu, 01/28/2021 - 7:37 pm

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Thank you!!
This was long overdue. I have the same question as some others have asked. Why are vendors allowed on sidewalks? I had never seen this in Mission Viejo prior to these particular booths. In addition, why are political booths allowed to remain when we are no longer in an election cycle? Seems like it’s time for them to go. It’s an eyesore.

Submitted by Cindy Fern on Thu, 01/28/2021 - 7:44 pm

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Thank you so much. This is good news.

Do you happen to know if the neighboring cities have a similar code/law because these stands are not just in Mission Viejo.

Submitted by Stephen K Bauman on Thu, 01/28/2021 - 7:46 pm

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People up in arms about the printed words that their "delicate babies" probably hear everyday at their schools being used by their classmates. So I guess the next step is language police at the schools. I suggest anyone who has never read "1984" by George Orwell read it and those that have if you've forgotten the part dealing with government controlled and mandated language should read it again. People need to get a grip and worry about things that really matter, like the Constitution, and not petty political correctness if your fragile feelings are hurt.

Submitted by Jen on Thu, 01/28/2021 - 7:52 pm

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Our country/city has much bigger issues than this. How embarrassing Mission Viejo, AND all of the crybabies who get triggered.

Submitted by Anonymous on Thu, 01/28/2021 - 7:56 pm

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THANK YOU SO MUCH! FINALLY! Have been saddened and ashamed for too long re: how the word "f---" can be proudly displayed from Mission Viejo's streets for all who drive through our city, young and old, to see. Thank you, and please enforce.

Submitted by Steve Loughran on Thu, 01/28/2021 - 7:59 pm

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How is it that Ms. Bates has opposed this? Could you explain further please? If I came to a city board meeting and began swearing at the meeting and saying **** one of the board members, I suspect I would be thrown out of the meeting. How is it that these stands can display such materials, even partially blocked? I find it highly irresponsible on the part of the board to bow to this form of display. If it is offensive, then it should be removed completely. To think that no one will know what is being said because part of the vulgar word is obscured is just putting your head in the sand.

Submitted by Noemi on Thu, 01/28/2021 - 8:07 pm

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Thank you so much. Please watch the corner of Marguerite and Avery and Marguerite and Crown Valley. Those t-shirt have really unspeakable messages for the kids to be expose.
Thank you.

Submitted by A. Hardy on Thu, 01/28/2021 - 8:07 pm

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Finally! These materials and their vulgar message have gone on far too long! No one needs to see those expletives as merchandise being hawked on the sidewalk in front of family-oriented businesses.

Submitted by Tina on Thu, 01/28/2021 - 8:15 pm

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Please remove my comment. The placement of my comment is directly below George’s comment. Friends are now thinking I am a Trump supporter because it looks like the comment came from me. It’s deceiving when the name of the person is listed before instead of after. Or move my comment to a different spot. Thank you

Submitted by David Andersen on Thu, 01/28/2021 - 8:29 pm

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I do not know why we allow the stands at all, as others have said they are an eyesore. I get having stands at events or in parking lots, but being able to put up a giant tent at any street seems too much.

I also agree with others that the shirts were extremely crude, and was rather surprised to see them at the side of the road.

Please enforce.

Submitted by C Cheng on Thu, 01/28/2021 - 8:34 pm

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As a resident of Mission Viejo, I wanna say finally! Thank you!! This law needs to be enforced vigilantly. To allow it to continue would reflect very poorly on our city, which harms everyone at the end.

Thank you!

Submitted by Judi Volpe on Thu, 01/28/2021 - 8:39 pm

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I witnessed a Trump supporter at one of these selling tents , screaming vulgarities at an older woman with a cane. I turned the corner and rolled down my window and asked the older woman if I could help her get to a safer place( this was on the corner of Oso and LaPaz . I know it isn’t Mission Viejo but the same f-Biden flags and t-shirts were on full display). The older woman was shaken with tears in her eyes, thanked me. As she got in my car. The screaming tent worker started on me to “take my ***************** home. Please enforce the law. I was grateful my 13 year old hid on the floor of the backseat, the screaming scared her.
The only good thing out of this was talking to my daughter about how to never act like that.

Submitted by R N on Thu, 01/28/2021 - 8:40 pm

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These new “street vendors” are a recent phenomenon here in MV and entirely politically motivated. I’ve lived here 36 years and these vulgar vendors are disgusting.
If you need an angle to cure it, do what NYC does; require a business license and city permit to sell “non-food” merchandise. (Answers the hot dog stand question asked earlier) Sell w/o RThe proper credentials you take the chance of confiscated merchandise and/or heavy fines.
Come on MV, step up.

Submitted by Casey Kleindienst on Thu, 01/28/2021 - 8:43 pm

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Sounds like the cancel-culture is alive and kicking in MV. The purpose for the Bill of Rights is to protect freedom of speech from those obsessed with censoring anything that disagrees with their opinions.

Submitted by David Brown on Thu, 01/28/2021 - 8:46 pm

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The above information is incorrect. I do not operate these stands. I do not know who gave out this information and I don't know what gives the Department of Public Works the right to release my private cell phone number on their website. This needs to be removed immediately. I have been receiving harassing phone calls all day.

Submitted by Tony Ignoffo on Thu, 01/28/2021 - 8:48 pm

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Let's get rid of these hate mongers. Why are they flying the flag of the fire department. Are they sponsoring this hate?

Submitted by Mto Never-ever on Thu, 01/28/2021 - 9:21 pm

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I am so offended by those booths selling that trash! About time! Don’t they have apply for a permit and pay fees to set those up?
Definitely a public nuisance

Submitted by Herb Abrams on Thu, 01/28/2021 - 9:28 pm

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It seems to me that the Mission Viejo city council needs to update its regulations to limit street vending in the city. SB946 enacted in 2018 prohibits a city from banning street vending but most cities have limits as to where they are allowed. Laguna Beach for instance has a 15 page ordinance that sets out limits on what is allowed. Mission Viejo only requires a permit "unless otherwise exempted by SB946". BTW, I asked the person in charge of the Biden pop up tent on Marguerite near La Paz if he had a city permit and he said, "No, it wasn't required". I didn't dare question the rowdies at the Trump tent on La Paz.

Submitted by Kelly on Thu, 01/28/2021 - 9:45 pm

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THANK YOU! It was awkward to pass these stands with my daughter in the car. I don't let her say that word in my house. She wouldn't be able to say it or wear a shirt that says it in school, yet it is on flags on full display all around our city. Really distasteful. If no one buys the merchandise, hopefully these vendors will pack up and leave. All that merchandise, like everything else can be purchased online anyway.

Submitted by Carol on Thu, 01/28/2021 - 10:06 pm

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So glad. I had called to complain about the Fu__ Biden sign. It's not ok and not ok for kids to see it and offensive to some adults too I'm sure like myself because its disrespectful.
We never had street vendors before. Would prefer not to have any. Especially these. It is negative energy.
Thank you for doing something.

Submitted by Jennifer K on Thu, 01/28/2021 - 10:38 pm

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“If we tolerate vulgarity our future will sway and fall under a burden of ignorance. It need not be so. We have the brains and the heart to face our futures bravely. Taking responsibility for the time we take up and the space we occupy." #MayaAngelou

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