Vendors refuse to move across 40th St.

Helen Kim has sold fruits and vegetables for three years from her produce stand on the west side of 40th Street -- and she wants to stay right where she is. But last month, University administrators and City Council members asked vendors to relocate across 40th Street. Many of the vendors, including Kim, refused to move. "I'm disappointed that the vendors have chosen not be cooperative," Vice President for Government, Community and Public Affairs Carol Scheman said, calling their refusal to move "short-sighted." For now, the University will not pursue action against the vendors, but will instead wait for the passage of a city ordinance regulating street vending. University administrators and City Councilwoman Jannie Blackwell are in the final stages of drafting the ordinance and should reach an agreement by spring, Scheman said. "We want to provide order and control to vending," she said, adding that she intends the ordinance to restrict vending on the west side of 40th Street. The University's newly formed 40th Street Action Team is working with Scheman's office to devise the ordinance, according to Diane-Louise Wormley, an associate treasurer who co-chairs the team. "It makes more sense for the vendors to be on the other side of the street," Wormley said. "They can still do business without causing problems for the retail shops there." But Joe Maldonado, manager of Bike Line on 40th Street, said although the vendors are "a bit of an eyesore," they don't hurt his business. "It makes no difference to me whether the vendors are there or not," he said, adding that the University appears to be "flexing its muscles" to force the vendors to move. Wormley explained that the vendors' current location also obstructs traffic flow on the street -- but congestion does not appear to be a visible problem to other retail managers. "I don't see that they cause extra traffic on the street," said Dior Robinson, assistant manager of My Favorite Muffin. "But if there is a problem, then I think they should relocate. "This is Penn's campus, and if there's a problem, they should move," he added. Many vendors have a long history in the area and do not want to give up the foot traffic and extra business the west side of 40th Street provides. "I'm not moving," said one vendor who has sold jewelry since 1981. During three weeks of the University's improvements to the strip mall -- renamed Hamilton Village Shopping Center -- the vendors moved across Walnut Street. Kim said her business declined during that time, adding that she experienced financial problems from the relocation. "Business was awful," she explained. "Students prefer to buy from our stand here." The vendors block the view of the shops and of the improvements to the street, according to Scheman. "We wanted to make that property a better, attractive property -- part of that is being able to see it," she said. The 45 days of construction added about a dozen new lighted trees along 40th Street and Locust and a four-foot-wide inlay of curbside brick. Both administrators and retailers share a concern about some of the vendors' illegal activity -- including "feeding" 2-hour parking meters and selling bootlegged videotapes, Scheman said. The vending ordinance will reduce some of these activities, she added. In addition, Robinson said he often sees vendors park their cars and vans near their stands all day, preventing potential customers from using those spaces. The ordinance would also reduce the number of vendors both on and near campus, which is currently "spinning out of control" because of a lack of vending regulations in the area, according to Scheman. In addition, administrators and police have expressed concern about the dangers of large vending trucks. Because they often block sidewalk areas, crimes can occur behind them.