Peanut Vendor Loses Permit for Using Bathroom

Mohammed Shirajul Islam

In what the Street Vendor Project is describing as the first salvo in an imminent crackdown, a roasted peanut vendor in Lower Manhattan had his permit confiscated last week after he stepped away from his stand for a quick comfort break. Mohammed Shirajul Islam, who's been a vendor for the last ten years, is now in dire straits after answering nature's call at a nearby bookstore. "When got back to my cart, the permit had been scratched away," says Islam, 42. "Now I have to wait until they give me a new permit, and that could take a month. I can’t sleep. Street vending is how I provide for my family."

The rule is part of new changes [pdf] that became effective on January 1st, but some vendors were unsure if it would be enforced because another new regulation, banning all fish and seafood from sale at vending carts, was later declared an "unintentional" mistake by the Health Department. But a DOH spokesperson confirmed today that vendors are prohibited "from leaving mobile vending food units unattended whenever food is maintained on the unit, as a matter of public safety, and food defense; the food must be secured and not in reach of the public."

The DOH spokesperson also pointed out that it's possible for more than one licensed food vendor to operate under a single permit, implying that the solution was for vendors to cover for each other to take breaks. But Ali Issa, director of organizing at the Street Vendor Project, said in a statement, "This new policy is cruel. Vendors already have a hard time finding appropriate bathroom facilities during their long hours on the street. This will just make things worse."

And Mohammed Shahajan, another vendor, pointed out, "Everybody has to use the bathroom—and should be able to. We are men and women—we are not made of plastic." Shahajan and Islam will join other street vendors tomorrow morning at 10 a.m. at a protest in front of the Health Department headquarters at 253 Broadway.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in Food on February 22, 2010 4:55 PM

Comments [rss]

Oliver

I want to know how much the vending permit is, and if the policy changes per city. I think it's separate for food, but let's say I want to travel from city to city selling postcards. Do I need to go through each counties specific ordinance, apparently weeks of red tape to get a permit and taxed? Notice how this whole conversation, went to food safety, #1 he's selling roasted peanuts, peanuts grow under the ground, there was some rumor that the FDA allows some percent of rat shit in peanut butter, regardless some guy came and swiped his permit when he had to go, was he hiding in the bushes, waiting for him to go take a leak, your homework tonight class, get me a vending permit to sell roasted peanuts for your closest city and have it on my desk by tomorrow morning. Then we'll discuss the impact of foreign immigration on the economy.

Matts124

This guy deserves the right to use the bathroom at work, just like the rest of us who I am sure have easy access to a restroom while we are working. Maybe if the health department was actually concerned with the health of vendors for once, this man wouldn't have had his permit scratched off.

jza1218

He does have the right to use the bathroom at work. What he doesn't have the right to do is sell food that he knowingly left unattended.

ProcedureTurn

They should ban all food carts from NYC. They are ALL a health hazard.

blueballs

Get the fuck out. There are almost as many health/sanitary risks involved with consuming food from NYC's restaurants as there are with food carts. These hard-working men and women run a business, not a plot to poison the masses once for $5 and then run away. Think about it. If they got you sick, your whiny ass would let the world hear about it -- resulting in the shutdown of his service (and likely many more of his peers). How often do you see that happen vs. how many cases of feces, piss, bugs, and human fingers you find in restaurants/processed food? So, in all seriousness, get the fuck out of this city if you're so worried about a "health hazard".

Papercutninja

Yes, let's all just go to Shake Shack instead!

lucy van pelt

can he just lock up his cart before he steps away to he bathroom?

jza1218

I hope this guy never works again. That means that this guy has been leaving his cart unattended daily over the past ten years. Who knows how many homeless people have just reached in and stolen food while contaminating it for future customers.

Rejects like this guy need to find another line of work if they can't think strategically and figure out something as simple as having someone come by at scheduled times to watch his stand while he takes a break.

justthinkin

What, you got a Swiss dick? And a bladder to match? It's the "call of nature" not the "call of Timex".

jza1218

He's had 10 years to problem-solve this dilemma. Suppose he works a 12 hour shift. All he has to do is have one person come by every three hours to watch his cart for ten minutes.

All he needed was four friends willing to give up 10 minutes of their time a day in order to avoid this problem he's made for himself. Instead, he wanted to be lazy and take the risk that he wouldn't get caught.

mrstu

It hasn't been a dillema for the past 10 years... rtfa, the new rules just came into effect last month.

Diane

The answer is NOT to penalize the vendors. If this is an issue that the city wants to legislate then they should take into consideration what would be a reasonable solution and suggest it. Otherwise, leave these hardworking people alone.

justthinkin

If the city would stop sitting on its hands when it come to installing public toilets, maybe this wouldn't be such an issue. As it is, these rules are practically begging these poor guys to find means of relief that I'd prefer not to think about. Dirty water dog, indeed.

Bottomless Chips

This is America. Why should you need a permit to make a living?

Everyone buys food from carts knowing there's some inherent risk built into eating food cooked in the open, fresh air of Manhattan.

JenChungsBaby

That's right, let's turn the streets into a food vendor free for all with no hygienic requirements. And while we're at it, why should brick and mortar restaurants have to demonstrate that they follow proper food handling procedures? We all appreciate a good game of Russian roulette when we go out to eat.

Bottomless Chips

That's a nice boogeyman, but when would it ever make sense for a food vendor or restaurant to be unhygienic?

You think without the department of the health vendors and chefs would start taking dumps on their hands?

I'm sure the placards in bathrooms for employees to wash their hands is really a big help, too.

JenChungsBaby

Plenty of restaurants already are closed for health violations even though they know they might get inspected and shut down by the DOH, so even though being unhygienic might not make sense to you it apparently does to a whole lot of people who sell food for a living.

really!?!?

he should have called a cabbie friend to come watch his cart....oh, wait

turkishjade

It works both ways... if you were to have a hot dog from a vendor and contracted e. coli (because unbeknownst to you, he stepped away and someone tampered with the food e.g. a person with dirty hands reached into the hot dog bun bag and got dirt and feces on it) you would be screaming to have his cart shut down.

It sucks that he lost his license, but you would think a veteran would have worked out a bathroom solution in the last ten years that didn't involve abandoning his cart.