Customer shopping at vendor booth
The vendors are back on Harlem’s 125th Street just outside the Apollo Theater, but one item is missing from their inventory: Michael Jackson memorabilia.
Following Jackson’s death in June, fans of the pop icon congregated near the Apollo Theater, turning a nearby wall into an impromptu board for memorial messages. Dozens of vendors arrived, too, armed with t-shirts and other souvenirs commemorating Jackson. The new vendors, some of whom had no city license to sell, crowded onto an area already populated by street sellers. New York City police, citing overcrowding, cracked down in September, chasing out all vendors — licensed or unlicensed — from the north side of 125th Street between 7th and 8th Avenues.
Now the street’s original vendors have returned, but police are keeping a close eye on what they sell. Vendors who don’t have a “general merchandise” license are not allowed to sell Michael Jackson memorabilia, even though Jackson items have been among the most popular goods on the street since the pop star’s death.
Among those affected is Steven Jerome, who’s been selling goods on New York City streets for 15 years. Jerome said he sold posters and “I Love Harlem” t-shirts on 125th Street for three years without any police interference, until this fall when “I had 12 summonses in a month and three in one day.”
In late October, Jerome went to court to challenge three of the summonses, which charged him with selling without a license or failing to display a vendor license. Jerome says he was acquitted on two charges when he showed that he had a tax identification number which allows him, under First Amendment protections, to sell t-shirts, posters and other items with political or religious messages.
But Jerome still had to pay a fine for selling “general merchandise,” including Michael Jackson t-shirts, without a license. The police say Michael Jackson t-shirts are not covered under First Amendment protection because they do not convey a political or religious message. This has been a constant battle between the police and the vendors.
“It’s an argument between us and the police about freedom of speech, freedom of expression; this is our right to do what we’re doing and our rights are being taken from us,” said Jerome.
According to the New York Police Department regulations for street vendors, under First Amendment protection, street vendors may sell items like coloring books, newspapers, sketches and prints as long as the content expresses a political or religious message.
In order for vendors to be allowed to sell clothing, the item must also have a political or religious message displayed on the apparel. If not, the sale is illegal. All clothing sales require vendors to have a general vendor license from the Department of Consumer Affairs (DCA).
However, the waiting list is backlogged for years, and DCA currently issues general vendor licenses only to military veterans or widows of veterans.Because of the severe limits on new general merchandise licenses, thousands of street vendors in New York City sell merchandise without a license, leaving them vulnerable to a police summons unless their goods qualify as political or religious in content.
Deputy Inspector Rodney Harrison, the commanding chief officer of the 28th police precinct, on Frederick Douglass Blvd says he understands this is a difficult time for the vendors because of economic hardship.
But Harrison said police do not strictly enforce some of the many specific regulations that apply to street vendors, such as restricting the length of their sales tables to eight feet and prohibiting vending within 20 feet of any doorway. “We let them get away with murder,” said Harrison.
In an effort to educate street vendors about the law, Jack Broughton, treasurer of the 125th Street Merchant Association, says he wants to work with police to compile a detailed list of items vendors can sell under First Amendment protection.
Until the list is ready, though, street vendors are still vulnerable to receiving police summonses for selling merchandise that police say requires a general vendor license.
Jehangir Irani contributed to this report.
Comments on this entry are closed.