Immigrant rights advocates and the City of Fontana are clashing in federal court over the city’s street vending rules. Community groups say the policies unfairly target immigrant vendors, while city officials argue they’re complying with state and federal laws.
Earlier this year, the Inland Coalition for Immigrant Justice (ICIJ) sued Fontana, alleging the city is violating state and federal law by allowing private contractors to confiscate food vendor carts without due process. The lawsuit argues that the use of the company 4 Leaf Inc., which conducts enforcement for the city, amounts to illegal seizures and harms the livelihood of vendors who are largely immigrants.
Last month, Fontana filed a motion asking U.S. Judge Sunshine Sykes to dismiss the lawsuit. City attorneys say Fontana’s rules comply with state law and are necessary to protect public health. They also argue ICIJ has no legal standing to sue them. In a statement to KVCR, the city defended their approach.
“Since October 2023, the City has made more than 1,500 outreach contacts with vendors, has not issued a single citation, and helped 14 vendors become fully licensed to operate legally,” reads the statement. “We will continue to stand by this balanced approach and remain focused on helping vendors succeed while keeping our community healthy and safe.”
Attorneys for ICIJ argue that vendors have the right to challenge the confiscation of their property.
Ritu Mahajan with Public Counsel, who represents ICIJ, said vendors are not given an opportunity to contest a seizure or recover their equipment. She says that Fontana’s motion to dismiss ignores constitutional protections.
“Not only are they not getting that opportunity to contest the seizure before things are taken, but even after, they're not getting proper guidance on how to get their stuff back,” Mahajan said.
ICIJ organizer Bryan Sanchez called the city’s legal arguments “weak,” and said the organization has long worked alongside Fontana street vendors.
“We have a long history of working with street vendors, and the harassment vendors have faced is something we’ve closely monitored,” Sanchez said. “The city argues that private contractors are not government actors, but they operate on behalf of the city. So they should be held accountable.”
Sanchez said the organization is asking the court to force Fontana to rescind and rewrite the ordinance to align with state vending protections under SB 946 and SB 972.
“People are just trying to earn a living,” he said. “The cost of living is so high that they have to be out there despite risks from code enforcement or immigration enforcement.”
A hearing on Fontana’s motion to dismiss is scheduled for December 19.
