San Diego is experiencing a significant increase in street vending activity following a January 2026 California appeals court ruling that has compelled city officials to halt enforcement of its vendor regulations. This development has led to a resurgence of vendors in popular areas such as Balboa Park and the Gaslamp Quarter, prompting frustration among local business leaders.
Local business associations report that the court's decision has emboldened vendors, with many now operating without permits or health approvals. Michael Trimble, executive director of the Gaslamp Quarter Association, stated that vendors are obstructing sidewalks, which impedes business operations. He noted a rise in vendors setting up tents and selling goods without the necessary accountability measures. The Gaslamp Quarter has seen a return of organized groups of hot dog vendors, bringing concerns about open fires, blocked walkways, and improper disposal of grease into storm drains.
Merchants in affected areas have expressed dismay. Ruth-Ann Thorn, owner of Native Star boutique and Exclusive Collections Gallery in the Gaslamp Quarter, described the situation as a "slap in the face to merchants that have done things the legal way, the right way." Law enforcement officials, including Ashley Nicholes of the San Diego Police Department, have confirmed that recent court rulings have restricted their ability to enforce street vending laws, preventing officers from impounding vending carts in certain districts.
The current situation is the culmination of a multi-year effort to regulate street vending in San Diego. The city's challenges began in 2018 when state law decriminalized aspects of street vending. San Diego's first attempt at a vendor ordinance was initiated in 2019, with subsequent revisions and debates continuing through the mayoral administrations of Kevin Faulconer and Todd Gloria, and involving Councilmember Jennifer Campbell.
A city ordinance approved in May 2022 initially aimed to ban vendors from specific areas like Balboa Park, Little Italy, Ocean Beach, and certain beach zones during summer months. However, persistent complaints from merchants about a lack of enforcement led to a revision of the law in 2024. This updated ordinance made it easier for officials to confiscate vendors' carts and reduced free-speech protections for vendors selling food or offering services like beach yoga.
The 2024 ordinance faced immediate backlash. In June 2025, a federal appeals court declared the ban on beach yoga classes unconstitutional, asserting that such activities are protected under the First Amendment. More recently, a California appeals court ruled in the case of Imhotep Mustaqeem, a vendor who had sued the city after his cart was impounded. The court found that San Diego's revised 2024 street vendor law violated state law by establishing excessively restrictive geographic no-vendor zones and operating hour limitations. Mustaqeem, who had sold snacks near Petco Park since 2009, was ultimately vindicated by this ruling, which effectively nullified the 2024 ordinance.