The opinions of Queens’ street vendors of the New York City Department of Health (DOH) are going down the drain due to the recent confiscation of a street vendor’s permit for answering nature’s call.
Mohammed Shirajul Islam, a roasted nut vendor from Long Island City, became the first to suffer the consequences of a revision to the unattended food cart rules passed by the DOH on January 1, 2010. Islam, who left his cart to use the bathroom, found upon his return that his permit had been taken by health department officials. Some Queens vendors claim to have witnessed such revocations and disagree with the severity of the new rule.
“Just last year a vendor went to the McDonald’s across the street to use the bathroom for maybe five minutes, and when he came back two inspectors already took his permit,” said Chamak Aussain, a Halal food vendor in front of Queens Center Mall. “It’s my need to go do what I have to; why should they punish me for that?”
Another vendor in Queens also witnessed DOH confiscate a permit, allowed by a policy for immediate seizure of permits when carts are left unattended, deeming them an “imminent hazard.”
“My friend had his permit taken away after leaving for a few minutes. He came back and it was already gone, no explanation,” said Mahfuzur Rahman, a food vendor on Queens Boulevard in Elmhurst, while shaking his head. “It is not right. We are just doing our job.”
According to Elliott Marcus, associate commissioner of the DOH’s Bureau of Food Safety and Community Sanitation, the regulation has been part of administrative policy ever since he has been with the DOH, at least nine years, but became part of the Health Code as of January 1. He explained that an unattended cart can pose a public health hazard. To avoid such violations, Marcus suggests using panels on the cart to secure the food, lock them up, or have nearby vendors keep watch.
“It is an effort to harmonize the health code,” said Marcus, explaining that it is not a violation that gets cited very frequently. “We try to give people a break and when we see a cart we continue to observe it, waiting for about half an hour before we remove the sticker.”
Having to support his four children with his pushcart in Manhattan, Islam is losing approximately $100 a day while being out of work, as he waits for reinstatement. To his dismay, the DOH refused his plea to reissue the permit on February 24, after the DOH told him he failed an inspection due to missing papers and because he did not bring some kitchen utensils which Islam said he was not instructed to present at the hearing.
“I watched the inspection – the cart was spotless. It’s unbelievable they would jump him to the front of the line and then penalize him for not guessing what to bring,” said Sean Basinski, director of the Street Vendor Project, a legal advocacy group for New York City vendors.
According to the Center for Urban Pedagogy, the average annual salary is $14,000, and it can cost up to $500 a month to park their carts in garages. Vendors often have to pay fines up to $1,000 for space violations such as being too close to the curb, and on top of these fees, many face police harassment. Moreover, the wait to initially obtain a permit is difficult as there is a legal cap on the number of food vending permits available, 5,100 citywide, with 50 in Queens, according to the NYC Health Department.
For laborers like Mohamed Mustufa, their carts are the only means of income for their families. Recently laid off from MetLife Insurance Company, he started working in the food business and found dealing with such regulations from the DOH deplorable.
“It is my right as a human being. I have a right to go to the bathroom, it’s really ridiculous,” said Mustufa from his Halal cart on Broadway and 47th Avenue in Elmhurst. “This is my business, how I have to support my family. Those guys should be stopped, please help us.”
