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NYCMarineVet

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  1. I think I'm approaching this wrong. The city ordinance states: § 6-13 Disabled veteransmobile food unit vending permits. Disabled veterans who hold currently valid (i) specialized vendor licenses issued pursuant to General Business Law § 35-a, (ii) general vendor licenses issued by the Department of Consumer Affairs and (iii) mobile food vending licenses issued by the Commissioner, may apply for and be issued permits to operate mobile food vending units on sidewalks surrounding parks within the jurisdiction of the New York City Department of Parks and Recreation, or successor City agency, in accordance with the following conditions: (a) An applicant for such a restricted area permit may not hold any other currently valid mobile food vending unit permit, and only one such permit may be issued to any applicant. (b) In accordance with General Business Law § 35-a, such permit authorizes vending only on sidewalks surrounding park lands. (c) Operation of the mobile vending unit is subject to all provisions of General Business Law § 35-a. (d) During all times that a mobile food vending unit issued a permit under this section is in operation, as the term "operation" is defined in Health Code § 89.03 (j) or successor provision, a disabled veteran shall be present, but may be assisted by an employee who is a licensed mobile food vendor. Department inspection reports which note the absence of a disabled veteran licensee are deemed proof that a disabled veteran is not operating the unit, in violation of General Business Law § 35-a. The City ordinances also state that General Vending is NOT authorized around parks. The state law states(excerpt of 35a): 2. In areas where general vending is authorized, outside of the area specified in subdivision seven of this section, all specialized vending license holders, including those vendors authorized to vend in the area specified in subdivision seven of this section, shall be subject to those restrictions on the placement of vehicles, pushcarts and stands contained in any local law, ordinance, by-law, rule or regulation of a city having a population of one million or more, to the extent that such restrictions are not inconsistent with the provisions contained in subdivisions four, five, six and eight of this section. and 11. Where the city of New York authorizes general vending, through permit, auction, lottery or any other method subsequent to the effective date of this subdivision other than temporary general vendor licenses issued in connection with street fairs on any block face, street or avenue specified in paragraph (a) of subdivision seven or subdivision seven-a of this section, the prohibitions and restrictions in this section on vending by specialized vending licensees shall not apply on such block face, street or avenue and the number of specialized vending licensees authorized per block face, street or avenue shall, at a minimum, be equal to the greatest number of any single type of other vendor including but not limited to food, general, or vendors of written matter and others similarly situated on such block face, street or avenue. The sessions notes/memorandums state: * Allow specialized vending licensees to vend in areas where they are prohibited or restricted in the event that NYC lifts restrictions on general vendors as to time, place or number of vendors; and This legislation would provide the City of New York limited authority to regulate vending in order to facilitate public safety in specific congested areas of the City. It is my contention that the City of New York is not exercising 'limited' authority when they're telling us to be around parks and in saying we have to be around parks they're being arbitrary and capricious. It is well known in the Vending community that the Department of Health and Mental Hygiene does everything it can to repress Veteran Vendors. Subsection 2 of 35a was not meant to severely restrict us around parks. Before 2015 New York City didn't even issue permits to Veterans. Maybe this will clear things up.
  2. Is there a way to edit out that 10% bit?? I find that it is detracting from the message I'm trying to convey. I believe its obvious that I've never pursued anything like this in court before. My desire to do it stems from the city's inability to interact with those folks that it governs. When I ask city agencies about why their rules are structured like they are in defiance to state statute they just don't respond. When this repeatedly goes to court we win the small cases usually (even if on appeal), but the overriding issue seems to remain ignored: The city is playing fast and lose with a state statute that is intended to help veterans who wish to do food vending, not harm their businesses. Maybe it would help you to know that regular non veteran food vendors can go to places where Veterans are prohibited from. Veterans are routinely given summons for doing this. We do beat it in court when it happens, but why should we have to?? I hope this clears things up. Your saying that nobody here will understand what I'm after is quite presumptuous.
  3. I've used the findlaw lawyer directory to contact MANY lawyers. I'll continue to do so, thank you:) curious what 'the findlaw.com team' thinks of the merits of this case?
  4. I never thought to go to the courthouse. Good call. It gives me hope that you think it has potential. As far as the award goes I do get that... big risk=big reward. I am thinking in all my correspondence on this case with individual firms I could find a better way to frame the situation. I put this here not just to look for an attorney(obviously it was a hope that I'd find one here), but also to suss out the essence of the case when I present it to others.
  5. I'll keep looking for an attorney.... what does anyone think of the merits of the case?? maybe I'll have to rethink that 10% to 33%. It'll be in the millions over the entire class. I would only ever want to bring a case like this on contingency because otherwise it is the lawyer saying he/she isn't confident they can do it.
  6. Ok.. well any advice is helpful. I've done so many of those 'intake chats' and 'lead forms' that my fingers bled... What is the best way to look for an attorney?? As far as the 'award' goes I figured 10% was good enough since the billable hours would of course be covered in the suit award as well. Either way I'd want to bring the suit.
  7. I am a Veteran Street Food Vendor and I started my own business. I am also a member of a 501c3 organization dedicated to Veteran Entrepreneurs. I want to initiate a class action lawsuit against NYC for damages to my business because they took liberty with state law that protected us. Rossi is at the appellate again trying to get 35a out of food again as we speak. The City has not freely issued citywide food permits since the 80s. The statute 35a is vague so the city is taking advantage of that to take jurisdiction(our location tickets are being routed to ECB judges) and harass the Veteran Vendors of the City. My business is not doing so well right now because the City of New York is taking liberties with a State Law that outlines the issuance of licenses to vend. The City Law is Rules of the City of New York (RCNY) title 24 chapter 6-13. The state law is New York State General Business Law article 4. The pertinent cases involved are attached along with some sessions. If I could get sessions for the original section 35a(1991) that would be great. Really what I would like is the entire legislative history to 1896 (chap 371), but I digress. The action involves around 1500 Veterans in NYC approximately(those that would have interest in a license to vend food). The damage is limiting us to around parks and requiring us to be around our carts 100% of the time they are vending (I want my cart employed 100% of the time, but that doesn't mean I want to be there that much). I understand we should be there when our special privilege(locations outside citywide permit access) is being used, but not 100% of the time. If there is a lawyer out there that wants to take this case the award would go 10% to them 10% to my 501c3(if thats legal) and 80% to the damaged parties. R/S NYMarineVET Matter of Rossi v New York City Dept.pdf chap371.bmp Food vending presentation.pdf General Business Law Article 4 section 32.doc General Business Law Article 4 section 35.doc General Business Law Article 4 section 35a.doc KASWAN v APONTE.pdf sessions 1995 35a(2).pdf sessions 35a 2004.pdf sessions 1995 35a.pdf
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