POLICE HARASSMENT AND LEGAL REMEDIES AVAILABLE TO STREET VENDORS

AUTHOR – YUVARANI SANKAR,STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – YUVARANI SANKAR, POLICE HARASSMENT AND LEGAL REMEDIES AVAILABLE TO STREET VENDORS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 561-575, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Vendors form a vital part of the informal economy, especially among marginalized and low-income communities, yet they continue to face persistent police harassment, criminalization, and arbitrary confiscation of goods. Historically, regulatory frameworks in many jurisdictions treated street vending as a punishable offence, creating conditions of structural vulnerability. Although modern legal reforms—such as California Safe Sidewalk Vending Act (SB 946)—have moved towards decriminalizing street vending, the lived realities of vendors reveal continuing patterns of over-policing and exclusion through complex licensing systems.

Police harassment typically manifests in the form of unlawful seizure of goods, intimidation, issuance of fines, and discriminatory enforcement practices, disproportionately affecting immigrant and minority vendors. Such actions raise serious constitutional concerns, particularly in relation to protections against unreasonable searches and seizures under the Fourth Amendment to the United States Constitution and the guarantee of due process and equal protection under the Fourteenth Amendment to the United States Constitution. These practices often amount to what scholars describe as “legal violence,” where enforcement mechanisms themselves become instruments of inequality.

In response, street vendors have access to a range of legal remedies, including administrative claims against unlawful confiscation, civil actions for damages, and constitutional litigation challenging arbitrary state action. Additionally, collective advocacy by organizations such as Public Counsel and the Street Vendor Project has played a significant role in promoting policy reforms and protecting vendors’ rights. These efforts emphasize the need for simplified licensing systems, accountability in enforcement, and rights-based governance.

This study argues that while legal frameworks increasingly recognize the legitimacy of street vending, enforcement practices continue to undermine these protections. Therefore, meaningful reform requires not only legislative change but also institutional accountability, legal awareness among vendors, and sustained advocacy to ensure equitable treatment and protection of livelihood rights.