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Local street vendor sues City of San Diego over violation of state law

Imhotep Mustaqeem has been selling snacks outside of the stadium since 2009. He says he has proper permits displayed but was still ticketed four times in July.

SAN DIEGO — Peanuts, candy and popcorn are some of the items Imhotep Mustaqeem sells in his snack table before Padres home games. He has been selling near Petco Park since 2009 but just a couple months back he states he has been cited. 

“In the month of July I was cited four times first for $100, the second time for $200, the third time for $500 dollars and the fourth for $1,000,” Mustaqeem said.

Mustaqeem has permits which he displays in his stand. He explains there is a state law which provides street vendors certain protections. In 2018, California passes SB 946, which decriminalized street vending and placed limits on how local authorities can regulate sidewalk vendors. Now, he’s suing the City of San Diego, the lawsuit claims the city ordinance violates state law. 

The lawsuit also mentions some of Mustaqeem's product and money has been confiscated at times. 

“This is how I budget out my, this is how I predict in factor out my livelihood based on the six month seasonal business and by that being snatched away from me for the last 15-20 games it has definitely put a tremendous dent in my financial situation,” Mustaqeem said.

Mustaqeem said he’s been told by officers that he can't set up three hours before a game starts and an hour after it concludes. 

“Which means I will completely miss my market, this is a supply and demand business,” Mustaqeem said.

CBS 8 reached out to the City of San Diego, they explained via email they don't comment on a case once it's before the court.

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