New York City Council Republican Minority Leader Joann Ariola drew sharp criticism Thursday after changing her vote to support an override of Mayor Eric Adams’ veto of a bill that decriminalizes illegal street vending, a switch that helped secure the two-thirds majority needed to make the measure law.
The override vote, which required 34 members, fell short in initial roll-call tallies and prompted a pause for huddles on the Council floor. Ariola had voted against the measure when it first passed the Council, but her late “yes” was enough to push the tally over the threshold, according to members who described the vote as unexpected and decisive.
Critics, including small-business advocates and conservative colleagues, said the switch betrayed merchants and neighborhood concerns about an influx of unlicensed vendors. "Joann sold us out. She’s for herself not the good of the city," Councilman Robert Holden, a conservative Democrat and co-chair of the Common Sense Caucus who voted against the override, said in a statement. Anthony Anunziata, chairman of the Queens Republican Party and a Queens florist, said decriminalization will hurt brick-and-mortar stores.
First Deputy Mayor Randy Mastro said City Hall was "blindsided" by Ariola’s change and accused her of siding with the City Council speaker. "She went from a no vote to a yes vote. It hurts legitimate businesses and legal vendors, many of whom are immigrants," Mastro said, adding that he viewed the mayoral veto as a response to those concerns.
Supporters of Intro 47-B argued the measure implements recommendations from a 2021 street advisory task force that urged eliminating misdemeanor criminal charges for unlicensed vendors and replacing them with civil fines and penalties. Backers say criminal penalties have disproportionately affected migrants and other vulnerable vendors and that civil enforcement provides tools to regulate vending without criminalizing poverty.
The NYPD last year issued 1,688 criminal summonses for illegal vending, figures cited by Council members who backed the legislation. The bill was also framed by supporters as a response to federal immigration enforcement activity; proponents said decriminalization would reduce the collateral consequences of criminal charges for migrants amid a federal deportation push.
Ariola defended her vote change as a protest against what she described as the Adams administration’s inconsistent enforcement of existing laws. "Bottom line — my vote was a protest vote against mayoral inaction and egotism. In my own district we’ve had major issues with vendors for years, and I’ve consistently pleaded for help, only for the administration to refuse to utilize the enforcement that was in place," she said, adding that enforcement around City Hall had appeared timed for political optics.
The new law does not strip the city of all enforcement tools. The NYPD and the Sanitation Department retain authority to impose fines on unlicensed vendors and to confiscate merchandise, though misdemeanor criminal charges would be removed under the council-approved changes.
Opponents warned the shift will embolden sidewalk vending in commercial corridors and exacerbate competition that undercuts licensed retailers. "Decriminalizing illegal vending takes away from legitimate businesses and brick-and-mortar stores. It’s going to hurt small businesses," Anunziata said.
Council members who supported the bill argued it introduces a graduated range of civil penalties and provides enforcement flexibility while avoiding the long-term harms of criminal records for low-level vendors. They cited data and recommendations from the city task force created in 2021 to study vending issues and street-level commerce.
City Council leadership did not immediately release a detailed account of the vote-counting pause on the floor, and members who spoke publicly described a series of quick consultations before the final roll call resumed. The override means Intro 47-B will become law despite Mayor Adams’ objections.
With the measure now enacted, attention will turn to how the NYPD and other city agencies apply civil penalties and whether new enforcement protocols will be developed. City officials have said they still can cite vendors and seize merchandise, but opponents and business groups indicated they may push for additional measures to protect licensed merchants.
The debate over street vending has become a flashpoint in city politics as officials balance public safety, economic competition and the legal status of vendors. The council vote—and Ariola’s pivotal switch—underscores the political sensitivities surrounding immigration, small-business protections and enforcement priorities in the run-up to local elections.