Update on Taco Truck Legislation

Ξ September 24th, 2008 | → | ∇ Uncategorized |

Fellow Taco Lovers:  We received the following statement from the attorney representing the East L.A. taqueros concerning the county’s latest attempt to enact it’s anti-truck legislation:

On Friday, September 19,2008, Judge Dennis Aichroth of the Los Angeles Superior Court, in Division One of the East Los Angeles Courthouse heard arguments from both side in the so called “TACO VENDOR ORDINANCE CASE.”

Previously, on August 27, 2008 Judge Aichroth had declared Los Angeles County Code Section 7.62.070 “unconstitutional” on various grounds, including ambiguous language, restraint of trade, not for the “public safety,” etc.  The arguments on September 19th related to the Los Angeles District Attorney’s Office seeking to have the Judge reverse his decision.  The motion made by the DA was for “Reconsideration” of the decision.

After granting the District Attorney the right to file certain “Declarations” by Deputies of the Sheriff’s Department, along with “Exhibits,” the Judge announced that he was NOT CHANGING HIS ORIGINAL ORDER of August 27th, holding Section 7.62.070 of the Los Angeles County Code UNCONSTITUTIONAL.  The TACO VENDORS were represented by Attorney Philip C. Greenwald.  The DA was represented by Deputy DA Steven L. Gates.

The Vendors have won an important victory in their quest to be permitted to sell in the unincorporated territories of Los Angeles County without having to move every 30 or 60 minutes a distance of one half mile during every 3 hour period.

The District Attorney’s Office now has the option of filing a  notice of appeal, which it is reported will likely occur between now and September 26th.  That date is the last day such a notice can be given.  The Los Angeles Times, among other members of the press, had taken the position, from the moment that the subject ordinance was enacted on April 15, 2008, by the County Board of Supervisors, that it was bad legislation which needed to be “repealed.” 

The Sheriff’s Department has not been enforcing Section 7.62.070 since August 27th when Judge Aichroth issued his ruling that the ordinance was “unconstitutional.”  The Taco Vendors (as well as all other street vendors) are overjoyed by the recent action of Judge Aichroth.

In short, the county loses again but isn’t ready to admit defeat.  We’ll keep you updated as this continues to play out.

 

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