NYC Council Overturns Mayoral Vetoes on Street Vendors, Grocery Delivery Workers

The New York City Council passed three bills today previously vetoed by Mayor Eric Adams, potentially widening an already deep rift between city lawmakers and the mayor. 

Two bills decriminalized street vendors who operated without a permit while decreasing the fines for violations, and another that creates higher pay standards for grocery delivery workers, both passed Wednesday with a veto-proof majority, threshold of 34 out of 51 votes.

City Council leaders expressed confusion as to why Adams vetoed the bills in the first place.

Adams and his Street Vendor Advisory Board, which consists of business, immigrant rights and real estate groups, prompted the creation of the legislation. 

“These are bills that Mayor Adams’s own administration recommended, supported and tirelessly worked with this City Council to pass. How baffling is today?” City Council Speaker Adrienne Adams said at a rally preceding the vote. “I don’t know why we’re here today about to enact an override on legislation that was worked on collaboratively with this mayoral administration. The mayor discarded the work of his own staff.”

The bill impacting grocery delivery workers who find work through apps like Instacart extends to them the same minimum pay standards and workplace protections that other delivery workers already enjoy. Some speakers at the rally said these workers often receive only about $8 for a delivery that can take an hour to complete.

Representatives for the mayor were quick to respond to the assertion by City Council members.

“In the guise of decriminalizing illegal vending, this bill effectively legalizes it by leaving no real penalty for illegal vending,” First Deputy Mayor Randy Mastro said in a statement. “Indeed, no illegal vendors ever go to jail, but they face significant criminal fines up to $1,000. Under the council’s bill, the only consequence of illegal vending will be a civil fine of $38 to $50. That is simply unfair to legal businesses that follow the rules, pay taxes, and assume the burden of complying with the law, yet face the disadvantage of competing with illegal vendors who do none of those things, and can now operate with impunity.”

In vetoing the grocery delivery bill, Adams stated that it could contribute to increasing food costs. This opinion was shared by the Rev. Al Sharpton, who emphasized prioritizing affordability for shoppers instead of boosting conditions for a segment of workers.

“Let’s be honest – grocery prices are already too high, and now is not the right time to do anything that would drive these prices even higher,” a City Hall spokesperson said in a statement. “While Mayor Adams does not take the power of a veto lightly, we stand by our decision to support our most vulnerable residents who rely on grocery delivery, including seniors, people with disabilities, and those who receive SNAP and EBT benefits.”

Instacart, however, is preparing legal action against the city in response to the grocery delivery bill.

“At a time when access to traditional jobs has slowed and many New Yorkers are struggling with the rising cost of living, wiping out these critical earnings opportunities and raising grocery delivery costs by over $10 per order would have devastating impacts across the city.” Thomas McNeil, senior manager of policy and government affairs, said in a statement. “The City Council has now twice ignored the voices of New Yorkers, instead doubling down on harmful legislation that could significantly increase New Yorkers’ grocery delivery bills and eliminate access to work for thousands of grocery delivery workers.”

In another offense to the City Council, Adams vetoed a bill in July in which the council had rejected a rezoning application for the proposed Bally’s casino proposal in the Bronx. Adams explained at the time that he believed the New York State Gaming Commission and community advisory boards should be allowed to make a decision on the casino without any barriers.

Mark Hallum can be reached at mhallum@commercialobserver.com.