By Jennifer Merin

We're entrepreneurs and should be treated accordingly. Instead, the city pushes us around, squashes us like insects. BID (Business Improvement District) regulations favor store owners. My advice: Don't become an NYC street vendor—it's a trap few manage to get out of.

   —Khairy Guirgis, 50, street vendor

Khairy Guirgis has been selling wearable art—"batik fashioned into garments"—on Manhattan streets for 20 years. Since 1999, his "shop" has been the corner of West 81st Street and Broadway.

"I've established my spot," he says. "If other vendors try to set up, neighborhood people chase them away, saying this is Khairy's spot. I love the neighborhood. I have regular customers, and cater to them, ordering things I know they'll like or have requested. And, like any store, I have a money back return policy!"

The difference between Guirgis' and other stores is that Guirgis' has no roof. Instead of monthly rent, he pays a $220 street vendor's license fee annually. It's a good deal, but when it rains, he can't work.

"I'd much prefer a store," he says. "Believe me, it's not fun standing in heat and humidity or freezing cold, and it's hard setting up and tearing down every day. But basement rattraps cost from $3000 per month around here. I average $25,000 a year selling on the street, and out of that cover expenses—license, taxes, merchandise and trucking everything daily from my New Jersey apartment into Manhattan. Do the math. There's no way I could afford rent. I haven't been able to establish a store. But it's my dream."

During Giuliani's administration, Guirgis proposed legislation changes that would help hardworking street vendors upgrade to stores.

"I proposed street vendors pay real estate taxes, like stores do—based on table or pushcart size and location where we do business. In return, the city would ease restrictions on street vendor locations, types of merchandise allowed in specific locations and similar limitations that limit our earnings potential. The real estate taxes would boost city income, and we'd increase our income," he explains. "But the plan was rejected."

Guirgis says current vendor regulations are contradictory, confusing and so complicated, it's virtually impossible for vendors to function within the law.

"I guarantee you every NYC street vendor is breaking one law or another. For example, you must be a certain distance from curbs, a certain distance from building lines, with merchandise displayed a certain way—general-merchandise tables must be a certain height, but pushcarts don't have height restrictions," he says. "Regulations supposedly prevent pedestrian traffic jams, but it doesn't make sense. How does table height affect pedestrian traffic flow? As for locations, the city permits planters, phone booths and other permanent fixtures in pedestrian traffic paths—yet vendors are restricted from using those locations. Again claiming pedestrian traffic reasons, they bar general-merchandise vendors from midtown, but allow food vendors. In terms of pedestrian flow, there's no difference selling food or clothing. Just as many people stop and buy."

Khairy complains that any city employee, showing ID, can order vendors to shut down for the day, and they must comply. Police can write summonses at their discretion—and they're usually within the law. Then vendors must pay summonses or take days off to fight them. Either way, it cuts income.

"If police know you're a good guy, they're generally lenient," says Guirgis. "When I first came to 81st St., they harassed me. But they've been fair to me for several years—until recently, when I moved my table from 81st to Broadway itself to start selling political campaign buttons—because I wanted to express my opinion that our government's war path is the wrong path. Political buttons are First Amendment material, so I can sell them on Broadway. But, not noticing my merchandise change, police ticketed me for moving to Broadway. I fought the tickets and won. It's a First Amendment issue—important enough to fight for. After the election, hopefully I can sell clothes again and continue as usual."

Guirgis says the only way street vendors can protect their rights and improve their conditions is to unionize. That would be difficult to accomplish, but he's willing to support the effort. o