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A hot dog war in the French Quarter.
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4
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How does a hot dog business war
make it all the way
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to the United States Supreme Court?
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I mean, seriously?
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There are not a lot
of hot dog vendor cases
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that reach the Supreme Court.
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I mean, it was nonsense.
10
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Typical New Orleans,
you know, skulduggery.
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There is no constitutional right
to economic equality.
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Most people are full of shit.
13
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This city is not a small business place.
14
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We have no idea how much we are depriving.
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Why are we not scrutinizing
why Lucky Dog is the only business
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in the French Quarters?
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I guess, you know, Lucky Dog got lucky.
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Somebody must have paid,
paid somebody, obviously.
19
00:00:52,586 --> 00:00:55,850
I would imagine that there was certainly
some corruption involved.
20
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New Orleans has an earned
reputation for corruption.
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This is the typical legislative chicanery
that goes on in New Orleans.
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Their luck needs to be changed.
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We still have a chance worth fighting.
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To be in the ballgame.
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Open the playing field up for everybody.
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I just want a legal, honest living.
27
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Let's get these bastards.
They can't be doing this again.
28
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I see the hot dog.
29
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Dirty dogs, dirty dogs.
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Dirty dogs, dirty dogs.
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We'll hear arguments next in 74-775.
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New Orleans against Nancy Dukes.
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Without rolls.
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Mr. Chief Justice,
may it please the court?
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And the question grandfather clause is,
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in this case, illustrative of the desire
not to favor any particular business,
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but to maintain only those features
which, over the years,
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have become landmarks
in the area of the City of New Orleans.
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Over 260 years, not to suggest
that Lucky Dogs has been there that long,
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but all of the features,
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the sum total of the functional
and physical part of the French Quarter.
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The statue itself, and I reiterate,
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establishes a monopoly
for a lucky business that is Lucky Dogs.
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It gives no opportunity to anyone else
to provide a hot dog which is better,
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able to promote the charm
and beauty of the Vieux Carré
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if you would assume that
a hot dog can somehow or other
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promote the charm
and beauty of the Vieux Carré.
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I have the opinion and judgment
for the Court to announce in 74-775,
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City of New Orleans against Dukes.
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And for reasons stated
in an opinion for the Court
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filed with the clerk this morning,
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the judgment of the United States
Court of Appeals
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for the Fifth Circuit is reversed,
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and the case is remanded to that Court
for further proceedings
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consistent with this opinion.
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Hi. My name is Alicia Renee,
aka Blue Eyes.
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I'm a female vocalist slash bandleader
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right here in the French Quarter
of New Orleans.
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And man, do I have a story to tell you?
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New Orleans, late 1940s.
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00:04:21,528 --> 00:04:24,289
Many New Orleanians
are still enjoying the post-war glow,
62
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while others are still
dealing with the negative impact
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of Plessy versus Ferguson.
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In that case, which originated
here in New Orleans
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and was heard in 1896,
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00:04:36,977 --> 00:04:40,480
our Supreme Court Justices,
the apex of arbiters
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decided it was okay for segregation
and Jim Crow to exist.
68
00:04:47,521 --> 00:04:52,993
In 1948, brothers Steve and Joe Loyacano
see an untapped market:
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00:04:53,460 --> 00:04:55,762
the drunk and very hungry revelers,
70
00:04:55,863 --> 00:04:58,699
leaving the many bars
in the French Quarter.
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00:04:58,832 --> 00:05:03,250
They decide to open
their first Lucky Dog's hot dog cart
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00:05:03,337 --> 00:05:05,105
in the iconic neighborhood.
73
00:05:05,806 --> 00:05:08,342
The push cart is an immediate success,
74
00:05:08,809 --> 00:05:10,844
spurring them to expand the business.
75
00:05:11,645 --> 00:05:13,614
New Orleans writer,
John Kennedy Toole,
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00:05:13,614 --> 00:05:15,582
became fascinated with these carts
77
00:05:15,582 --> 00:05:19,052
and later immortalizes them
in his great American novel,
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A Confederacy of Dunces.
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00:05:21,989 --> 00:05:24,558
Ignatius Reilly,
the slobbering-my main character
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with a penchant
for emitting bodily sounds,
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works as a Lucky Dog's
type seller in the Quarter
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for a company called Paradise Vendors.
83
00:05:33,667 --> 00:05:36,170
However, he was not very good at it,
84
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as he ate more hot dogs than he sold.
85
00:05:39,640 --> 00:05:43,577
Today, there is a statue of Ignatius
on Canal Street in New Orleans.
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If you listen closely,
you can hear him belch.
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After the death of his brother,
Steve Loyacano sells Lucky Dogs
88
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to local businessman, Doug Talbot in 1970.
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00:06:01,395 --> 00:06:03,764
In January 1972,
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00:06:03,897 --> 00:06:07,801
Nancy Duke starts her own
hot dog cart business in the Quarter.
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00:06:07,801 --> 00:06:11,538
Under the title, Louisiana Concessions.
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00:06:12,506 --> 00:06:15,676
My name is James A,
otherwise known as Jimmy Dukes.
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And that was my mother.
Nancy Duke's was my mother, of course.
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00:06:20,314 --> 00:06:22,449
The big thing was when
the French Quarter opened up.
95
00:06:22,449 --> 00:06:24,952
But you know how all the big cities
in the country all want to develop
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00:06:24,952 --> 00:06:26,553
their old downtown districts?
97
00:06:26,553 --> 00:06:29,189
When New Orleans was getting
into that phase as well,
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they created Vieux Carré Commission,
99
00:06:31,288 --> 00:06:34,160
and the commission
was in charge of protecting the Albion
100
00:06:34,160 --> 00:06:36,370
an atmosphere of the French Quarter.
101
00:06:36,370 --> 00:06:38,760
And so they blocked off streets.
That was the first thing.
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They blocked off lots of streets.
103
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They are probably are still
blocked off in the Quarter
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and turned it into pedestrian area.
105
00:06:43,136 --> 00:06:45,272
So all the people would come out
on Saturdays and Sundays,
106
00:06:45,272 --> 00:06:48,734
had juggling acts and bands,
musical groups.
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00:06:48,734 --> 00:06:50,530
It was almost like carnival atmosphere.
108
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And my mother decided
that she wanted to get in on it.
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And so then she had this cart built.
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It was actually a cold drink cart,
and they had hot dogs on the side.
111
00:06:58,200 --> 00:07:00,370
But it was a big wooden icebox.
112
00:07:00,370 --> 00:07:03,010
And you know how they have coke,
you can buy it in the dispensers,
113
00:07:03,010 --> 00:07:05,320
but they had the canisters
across the bottom to stay in cold,
114
00:07:05,320 --> 00:07:06,433
and they fill it with ice.
115
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And they'd set up this thing,
and it was on big rubber tires.
116
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You could roll it right into the site.
117
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Didn't need any electricity or anything,
and they were selling coke and hot dogs.
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You could have both.
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00:07:15,170 --> 00:07:18,639
In April 1972,
the New Orleans City Council,
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00:07:19,106 --> 00:07:22,776
which to put it mildly, was not diverse,
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00:07:23,076 --> 00:07:26,947
establishes an ordinance
that bans all push cart vendors
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00:07:26,947 --> 00:07:28,482
in the French Quarter.
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The exception being two businesses
that had operated in the Quarter
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for more than eight years.
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00:07:33,654 --> 00:07:35,989
One is a small ice cream vendor.
126
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The other is Lucky Dogs.
127
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They are allowed
under the ordinance's grandfather clause.
128
00:07:42,896 --> 00:07:45,866
I was contacted
and asked to draft an ordinance
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00:07:46,200 --> 00:07:49,960
that regulated street vending
in the French Quarter.
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00:07:49,960 --> 00:07:51,371
My name is Joel Loeffelholz.
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00:07:51,371 --> 00:07:55,542
In the early 70s, I was the lawyer
for the City of New Orleans
132
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and handled the case
of New Orleans versus Dukes
133
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all the way up from district court,
appellate court, and the Supreme Court,
134
00:08:03,617 --> 00:08:06,053
and argued before the Supreme Court
that case.
135
00:08:07,920 --> 00:08:10,557
Branching up behind the ordinance
was kind of simple.
136
00:08:10,557 --> 00:08:13,594
The French Quarter of Vieux Carré,
it's what a lot of people call it,
137
00:08:13,594 --> 00:08:16,720
is a very unique area
in any city in America,
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00:08:16,720 --> 00:08:19,733
and with its great tourist attraction.
139
00:08:20,400 --> 00:08:21,635
Back in the early 70s,
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it was the economic engine
that drove the city's economy.
141
00:08:25,939 --> 00:08:28,308
That was then the years
where condominiums
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00:08:28,308 --> 00:08:31,411
were sprouting up all over,
in Arizona, California.
143
00:08:31,411 --> 00:08:34,681
You could buy time-shares at
the beginning of those industries.
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00:08:34,681 --> 00:08:37,751
So there were a lot of vendors
of that type of thing.
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They were harassing tourists.
146
00:08:39,586 --> 00:08:41,188
It was really getting to be a problem.
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00:08:41,421 --> 00:08:42,623
We would do a lot of complaints.
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00:08:42,623 --> 00:08:47,060
So I drafted the ordinance to say
no street vending in the area
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bounded by certain boundaries,
which is the French Quarter.
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00:08:49,563 --> 00:08:52,266
No street vending of any kind, period.
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00:08:52,699 --> 00:08:54,902
But then we carved out an exception
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for two particular street vendors.
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One is, the name of the company
is Lucky Dogs,
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00:09:02,409 --> 00:09:05,646
and Lucky Dogs was established,
if my mind serves me correctly,
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sometime in the late forties.
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It's very unique
and very distinctive little carts.
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They look like hot dogs.
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So we carved out two exceptions,
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mainly because in our estimation,
that's what I came up with,
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and this was a truth,
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that both of those companies
are institutions and the man
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had become part and parcel
of the charm of the French Quarter.
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00:09:32,774 --> 00:09:34,640
There's an ordinance
in the city and the world.
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And the way they couch it is we want
to preserve our lifestyle, our culture,
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and the beauty of the French Quarter.
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00:09:42,616 --> 00:09:46,186
And therefore,
we will not have any street vendors
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that are not in place
before a certain period of time.
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00:09:49,690 --> 00:09:50,824
That sounds great.
169
00:09:51,000 --> 00:09:54,280
Until you realize that the effect of it
is that there's only going to be
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00:09:54,280 --> 00:09:55,429
one street vendor allowed,
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which is
a hot dog group named Lucky Dog.
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It just had to have been political.
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Now, you asked me, did I know that?
No, I don't know that.
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Look how the thing came out.
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If city council, without a whole lot
of debate of any kind at all,
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adopted an ordinance
that gave it to one monopoly,
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which happened to be
their main competitors,
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and which told them you have got to leave,
or I'm going to arrest you.
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00:10:14,748 --> 00:10:18,552
The emergence of Nancy Duke's cart
did not sit well with Doug Talbot.
180
00:10:19,119 --> 00:10:22,155
He hated the idea
of a competing hot dog cart.
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00:10:22,489 --> 00:10:24,658
That would cut into his bottom line.
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00:10:25,120 --> 00:10:28,250
Did he decide to bribe
certain city council members
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to do something about this?
184
00:10:30,440 --> 00:10:34,294
We will never know for sure,
as there is no paper trail.
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She firmly believed until
the day she died that, yes.
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00:10:36,570 --> 00:10:40,440
Somebody had taken money,
and they worked for Lucky Dog.
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00:10:40,440 --> 00:10:43,610
I would imagine that there was certainly
some corruption involved
188
00:10:43,610 --> 00:10:44,845
where in New Orleans,
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New Orleans has quite a reputation
and an earned reputation for corruption.
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00:10:49,716 --> 00:10:53,687
I mean, it's not a secret that plenty
of governors have been imprisoned,
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00:10:53,687 --> 00:10:55,055
subsequent to leaving power.
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00:10:55,556 --> 00:11:00,561
Our mayor, from a few mayors' back,
did go to federal prison afterward.
193
00:11:01,028 --> 00:11:03,130
New Orleans is known for four things:
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outstanding food and drink, great music,
ghost, and political corruption.
195
00:11:10,370 --> 00:11:13,740
While every major city in state
has its own share of scandal,
196
00:11:14,274 --> 00:11:17,577
political corruption in Louisiana
is so blatant
197
00:11:17,577 --> 00:11:20,814
that it actually has
an almost romantic feel to it.
198
00:11:21,548 --> 00:11:24,451
And the ghosts are everywhere.
199
00:11:24,918 --> 00:11:27,221
Somebody must have paid,
paid somebody, obviously.
200
00:11:27,221 --> 00:11:30,591
They couldn't have just decided they
needed to improve the atmosphere
201
00:11:30,591 --> 00:11:33,260
of the Quarter
by eliminating everybody else.
202
00:11:34,328 --> 00:11:36,797
The law is created under the guise
203
00:11:37,197 --> 00:11:39,933
to protect the integrity of the Quarter.
204
00:11:40,520 --> 00:11:44,438
Anyone who has been to the Quarter
knows it lacks the pristine elegance
205
00:11:44,905 --> 00:11:45,906
of the city's garden district.
206
00:11:46,773 --> 00:11:50,310
In fact, the Quarter's history
of grittiness is well known
207
00:11:50,310 --> 00:11:52,145
and part of its appeal.
208
00:11:52,546 --> 00:11:56,149
If you want an elegant
and clean French Quarter,
209
00:11:56,550 --> 00:11:58,285
go visit Disneyland,
210
00:11:58,752 --> 00:12:01,555
where such a place exists
as the theme area,
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00:12:01,755 --> 00:12:03,490
full on and square.
212
00:12:03,991 --> 00:12:07,694
Then as I understand that everybody is in
titles that equal protection of the law.
213
00:12:07,694 --> 00:12:09,796
Now, obviously
there are exceptions to that.
214
00:12:09,796 --> 00:12:12,533
You can, in some cases,
discriminate against people,
215
00:12:12,533 --> 00:12:14,870
but you've got to come up
with some objective criteria
216
00:12:14,968 --> 00:12:16,303
for why you want to do that,
217
00:12:16,303 --> 00:12:17,504
and you've got to come up
in some way,
218
00:12:17,504 --> 00:12:19,773
where other people
can comply with that criteria.
219
00:12:20,174 --> 00:12:22,409
Lord, you've got to come up
with the criteria people can meet.
220
00:12:22,409 --> 00:12:24,311
If you're going to say
you want to protect the Quarter,
221
00:12:24,311 --> 00:12:26,480
well then
you can limit the number of carts.
222
00:12:26,480 --> 00:12:28,749
You can dictate how they look.
223
00:12:29,650 --> 00:12:32,719
You can dictate all the different
in order to grant them a license,
224
00:12:32,719 --> 00:12:34,321
but you can't just say you can't come.
225
00:12:34,922 --> 00:12:36,790
Under any circumstances, can you come?
226
00:12:36,790 --> 00:12:38,518
And to me, that was pretty clear,
227
00:12:38,518 --> 00:12:40,727
and it should be pretty clear
for almost anybody.
228
00:12:46,233 --> 00:12:49,837
For 50 years, this ordinance
has denied independent food vendors
229
00:12:49,837 --> 00:12:52,105
the right to operate
a push cart in the Quarter,
230
00:12:52,573 --> 00:12:54,541
and we spoke to a number of them.
231
00:12:54,541 --> 00:12:59,513
My name is Chef Scott, Nola Foods,
DBH Chef Scott Creole Barbecue,
232
00:12:59,913 --> 00:13:02,516
and we got a couple of food trucks
in a new location
233
00:13:02,516 --> 00:13:04,051
that we just opened a brick and mortar.
234
00:13:04,051 --> 00:13:08,922
Were you aware that your vending
food company is not allowed
235
00:13:09,056 --> 00:13:12,278
to sell food in the French Quarter?
236
00:13:12,278 --> 00:13:14,328
Yeah. But, I mean, it's like,
237
00:13:14,962 --> 00:13:17,431
I'm aware that politicians
aren't supposed to steal either.
238
00:13:17,431 --> 00:13:18,899
So it happens.
239
00:13:22,960 --> 00:13:26,930
Can you please tell the people your name
as well as the name of your company?
240
00:13:26,930 --> 00:13:28,723
I am Pedro Alcaide,
241
00:13:28,723 --> 00:13:32,379
and my food business
is Taqueria El Poblano.
242
00:13:32,379 --> 00:13:34,314
We sell authentic Mexican food.
243
00:13:35,282 --> 00:13:37,017
How long have you been in business?
244
00:13:37,351 --> 00:13:41,355
We started a couple of months
after Katrina,
245
00:13:41,588 --> 00:13:43,824
beginning in 2006 time.
246
00:13:43,824 --> 00:13:49,160
So were you aware that
there's only one street food cart vendor
247
00:13:49,160 --> 00:13:50,610
allowed in the French Quarter?
248
00:13:50,610 --> 00:13:52,332
As of right now, I did not know.
249
00:13:52,332 --> 00:13:54,368
For 50, last 50 years?
250
00:13:55,202 --> 00:13:56,637
Since the 1970s,
251
00:13:56,637 --> 00:13:59,907
basically, it's been taken
all the way to the Supreme Court
252
00:13:59,907 --> 00:14:05,946
where was only one food cart street vendor
allowed in the French Quarter,
253
00:14:05,946 --> 00:14:08,659
which basically sort of has a monopoly.
254
00:14:09,116 --> 00:14:12,119
I just would like to know
if things changed,
255
00:14:12,119 --> 00:14:17,457
and you were allowed to have
your food cart in the French Quarter.
256
00:14:17,457 --> 00:14:22,563
How would that change you, your family,
the business, personally and financially
257
00:14:22,563 --> 00:14:25,165
if you were allowed to sell your,
258
00:14:25,165 --> 00:14:27,267
bring your business
into the French Quarter.
259
00:14:27,267 --> 00:14:30,404
So if they allowed it,
I think financially, would help a lot.
260
00:14:30,404 --> 00:14:31,705
There's lot more tourists,
261
00:14:31,705 --> 00:14:35,075
a lot more people
wanting to try authentic foods
262
00:14:35,075 --> 00:14:38,145
and, you know,
I think it would be a fair chance
263
00:14:38,145 --> 00:14:41,014
for everybody
to make their money fair.
264
00:14:47,054 --> 00:14:48,655
So here is Nancy Dukes,
265
00:14:48,956 --> 00:14:52,226
an honest, hardworking businesswoman,
266
00:14:52,726 --> 00:14:54,795
booted from the French Quarter.
267
00:14:55,229 --> 00:14:57,831
Along with everyone else
with the food push carts,
268
00:14:57,998 --> 00:15:00,200
aka food street carts,
269
00:15:00,734 --> 00:15:02,503
street food carts,
270
00:15:03,203 --> 00:15:05,138
and simply push carts.
271
00:15:05,606 --> 00:15:07,274
Popular all over the planet,
272
00:15:07,274 --> 00:15:11,812
these carts are one of the oldest
takeout devices in the world.
273
00:15:11,812 --> 00:15:14,481
The ACLU heard about it,
274
00:15:15,215 --> 00:15:18,986
and decided that this was a case
that merited their in intervention.
275
00:15:19,186 --> 00:15:21,188
And so they actually approach her with it.
276
00:15:21,522 --> 00:15:23,824
You know, they said
this is a constitutional question
277
00:15:23,824 --> 00:15:25,152
that needs to be resolved,
278
00:15:25,352 --> 00:15:28,010
and it's illegal, it's unconstitutional.
279
00:15:28,010 --> 00:15:30,430
So they, as I understand it,
they approached her and said,
280
00:15:30,430 --> 00:15:33,066
we will take it
to the federal court for you
281
00:15:33,433 --> 00:15:34,735
because even though
she made a good living,
282
00:15:34,735 --> 00:15:36,737
she didn't have the resources
to take this battle alone.
283
00:15:36,737 --> 00:15:39,938
We found that Miss Nancy Dukes'
rights were violated,
284
00:15:39,938 --> 00:15:41,909
in particular, her 14th Amendment rights,
285
00:15:41,909 --> 00:15:45,212
under the Equal Protection clause
of the 14th Amendment.
286
00:15:45,212 --> 00:15:49,449
And essentially what that says is
that each and every person
287
00:15:49,683 --> 00:15:51,485
should have the same rights under the law,
288
00:15:51,485 --> 00:15:54,221
and that I shouldn't be treated
differently than anyone else,
289
00:15:54,221 --> 00:15:57,858
certainly not based upon,
you know, skin color, religion,
290
00:15:57,858 --> 00:15:59,259
race, things of that nature.
291
00:15:59,259 --> 00:16:01,094
And in this particular instance,
292
00:16:01,295 --> 00:16:06,066
this ordinance that the city council
passed created a difference
293
00:16:06,066 --> 00:16:08,435
between Nancy Dukes and the Talbot family.
294
00:16:08,435 --> 00:16:10,470
Just based on this grandfather clause,
295
00:16:10,470 --> 00:16:14,842
it said that the Talbot's
would preserve the charm of the city,
296
00:16:14,842 --> 00:16:16,577
whereas Missus Dukes would not,
297
00:16:16,577 --> 00:16:18,545
and that's really arbitrary.
298
00:16:18,545 --> 00:16:19,646
In Nancy Dukes' case,
299
00:16:19,646 --> 00:16:23,617
we've really found
that she deserved to have representation.
300
00:16:23,717 --> 00:16:28,488
On behalf of Miss Dukes, the American
Civil Liberties Union, the ACLU,
301
00:16:28,655 --> 00:16:31,058
files a lawsuit
against the city of New Orleans.
302
00:16:43,871 --> 00:16:46,974
This particular case
was heard on summary judgment.
303
00:16:46,974 --> 00:16:51,245
And that's a mechanism in Louisiana
in which attorneys can request the court,
304
00:16:51,245 --> 00:16:56,216
look at the merits of the case without
actually having a full-blown trial.
305
00:16:56,850 --> 00:16:59,219
And the attorneys submit briefs,
306
00:16:59,219 --> 00:17:02,055
they can submit documentary
evidence with their brief,
307
00:17:02,055 --> 00:17:05,759
but there's no live testimony,
and there's no formal trial process.
308
00:17:06,260 --> 00:17:10,797
Nancy Dukes lost on summary judgment
in the federal district court of appeals.
309
00:17:10,797 --> 00:17:15,636
At this point, the ACLU brings in
their top dog to take over the case.
310
00:17:15,636 --> 00:17:16,970
Oh, these people are full of shit.
311
00:17:17,371 --> 00:17:21,642
They're just crapping on themselves
and enjoying their own stink.
312
00:17:21,642 --> 00:17:24,311
I'm Joseph Neves Marcal III.
313
00:17:24,711 --> 00:17:26,113
I was, at that time,
314
00:17:26,413 --> 00:17:31,151
General Counsel for the American Civil
Liberties Union for Louisiana,
315
00:17:31,585 --> 00:17:35,455
and I'm the lawyer who took up
the Nancy Dukes case
316
00:17:35,455 --> 00:17:39,526
from the Fifth United States Circuit
Court of Appeals
317
00:17:40,694 --> 00:17:44,665
and followed through
to the United States Supreme Court
318
00:17:44,665 --> 00:17:49,102
where I'd always believe
that it should have never gone.
319
00:17:49,102 --> 00:17:52,239
The grandfather clause
of the City of New Orleans,
320
00:17:52,239 --> 00:17:56,476
which enabled,
which established a franchise
321
00:17:56,743 --> 00:18:00,714
by its very language,
for Lucky Dog hot dog vendors.
322
00:18:01,114 --> 00:18:03,817
Was it a crock of shit?
323
00:18:03,817 --> 00:18:05,819
That's it. I mean, it was nonsense.
324
00:18:06,053 --> 00:18:08,989
Typical New Orleans,
you know, skulduggery.
325
00:18:09,389 --> 00:18:13,827
That's standard operating procedure
for New Orleans City Council.
326
00:18:14,294 --> 00:18:15,829
They are despicable.
327
00:18:23,904 --> 00:18:26,573
And the Fifth Circuit
doesn't have a trial,
328
00:18:26,573 --> 00:18:31,512
they're simply making a decision based on
the record coming from the lower court.
329
00:18:31,912 --> 00:18:35,048
So the district court's record
is going to the Fifth Circuit.
330
00:18:35,048 --> 00:18:37,885
They're reviewing what's in that record.
331
00:18:37,885 --> 00:18:39,930
They don't have a whole another trial.
332
00:18:39,930 --> 00:18:42,748
They'll hear oral argument
from the attorneys involved,
333
00:18:42,748 --> 00:18:46,126
but they don't get to hear testimony
from the parties
334
00:18:46,126 --> 00:18:47,861
or any potential witnesses.
335
00:18:48,362 --> 00:18:49,963
Joe Marcal argues the case
336
00:18:49,963 --> 00:18:53,033
in front of the US Fifth Circuit
Court of Appeals.
337
00:18:53,233 --> 00:18:54,768
He emerges victorious,
338
00:18:54,768 --> 00:18:58,172
but it's sets off
a chain of dubious legal events.
339
00:18:58,640 --> 00:19:02,720
This was a very important opportunity
for Miss Dukes in the Fifth Circuit,
340
00:19:02,720 --> 00:19:05,812
the three-judge panel ruled in her favor,
341
00:19:05,812 --> 00:19:08,882
and they actually did something
called remanding the case
342
00:19:08,882 --> 00:19:11,414
back down to the Federal District Court.
343
00:19:11,414 --> 00:19:13,520
So they sent it back.
They just said, You know what?
344
00:19:13,520 --> 00:19:15,022
You all got this wrong.
345
00:19:15,022 --> 00:19:16,711
They really did believe Miss Dukes.
346
00:19:16,711 --> 00:19:19,459
They did believe her rights were violated,
so they said you need to do it.
347
00:19:19,459 --> 00:19:20,527
You need to do this over.
348
00:19:20,928 --> 00:19:24,898
At that time,
the City of New Orleans had an option.
349
00:19:25,132 --> 00:19:28,902
It could go back, and that,
try to rehash it.
350
00:19:29,303 --> 00:19:32,339
But that was going to be unsuccessful.
351
00:19:32,739 --> 00:19:34,842
District Court is not going to go,
352
00:19:35,075 --> 00:19:38,912
run rough shot over a Fifth Circuit
Court of opinion.
353
00:19:38,912 --> 00:19:41,748
So what they did is an unusual procedure:
354
00:19:41,748 --> 00:19:44,484
it's the misdemeanor ordinance
355
00:19:46,520 --> 00:19:49,990
on the basis that
the city has a right of appeal
356
00:19:49,990 --> 00:19:52,726
to the United States Supreme Court,
357
00:19:53,126 --> 00:19:57,731
and this right of appeal
is very seldom granted.
358
00:19:57,931 --> 00:19:59,766
It's not a writ of certiorari.
359
00:20:00,501 --> 00:20:03,737
We claimed that we filed an appeal
to the Supreme Court
360
00:20:03,737 --> 00:20:06,206
saying that the Supreme Court
had jurisdiction.
361
00:20:06,480 --> 00:20:07,480
Did not expect to win.
362
00:20:07,480 --> 00:20:10,444
It really just bought us the 90 days
to reform the ordinance
363
00:20:10,444 --> 00:20:13,146
the way the Fifth Circuit,
who had reversed the lower court,
364
00:20:13,146 --> 00:20:14,280
directive us to do.
365
00:20:14,280 --> 00:20:19,119
Then I get the notice that the city's
going to apply for an appeal
366
00:20:19,119 --> 00:20:21,334
and said, "This is bullshit."
367
00:20:21,421 --> 00:20:23,490
There are not a lot
of hot dog vendor cases
368
00:20:23,490 --> 00:20:25,125
that reach the Supreme Court,
369
00:20:25,125 --> 00:20:28,529
it just in general takes a lot
to get a case to the Supreme Court.
370
00:20:36,069 --> 00:20:38,705
I'm sitting in the office,
get a telephone call,
371
00:20:38,705 --> 00:20:40,874
and this guy
with a clipped British accent,
372
00:20:41,475 --> 00:20:45,179
whatever his name was
from Reuters News Agency.
373
00:20:45,280 --> 00:20:48,094
I'm thinking to myself, yes,
one of my buddies is screwing around.
374
00:20:48,094 --> 00:20:50,217
I said, "Who the hell is this?
You're just kidding around."
375
00:20:50,217 --> 00:20:51,585
"No. I'm really from Reuters.
376
00:20:51,585 --> 00:20:54,280
The Supreme Court just accepted your writ.
We'd like a statement."
377
00:20:54,280 --> 00:20:55,756
I said, "What? Are you kidding me?"
378
00:20:55,756 --> 00:20:57,157
I remember where I was standing.
379
00:20:57,306 --> 00:20:59,993
I was standing in this building
in the hallway
380
00:21:00,260 --> 00:21:03,363
where the secretary was at that time.
381
00:21:04,097 --> 00:21:06,567
I said, "These son of a bitches
382
00:21:06,567 --> 00:21:08,936
they're going to overturn
the Fifth Circuit."
383
00:21:09,120 --> 00:21:15,930
Because why else would any court
take up this nonsense?
384
00:21:15,930 --> 00:21:17,344
It was over with.
385
00:21:20,414 --> 00:21:23,440
Why are you giving them
the right to come here and overturn it?
386
00:21:23,440 --> 00:21:25,490
I was convinced they wouldn't overturn.
387
00:21:25,719 --> 00:21:31,491
I set out to do what I could
388
00:21:33,393 --> 00:21:36,463
and remind them of Morey v. Doud.
389
00:21:40,434 --> 00:21:44,705
The view that my mother had in her view
was that there had to be something
390
00:21:44,705 --> 00:21:49,174
going on while the city would really even
consider it that important to do.
391
00:21:49,343 --> 00:21:52,346
It just seemed crazy that the city was now
going to defend this ordinance
392
00:21:52,346 --> 00:21:54,548
that they had passed at somebody's behest
393
00:21:54,548 --> 00:21:56,517
and then he took it all over
to the US Supreme Court.
394
00:21:57,084 --> 00:21:57,840
Who would think?
395
00:21:57,840 --> 00:22:01,388
I became a lawyer much later than that,
but I know equal protection.
396
00:22:01,655 --> 00:22:03,991
I know that this doesn't
pass any kind of muster.
397
00:22:04,725 --> 00:22:05,792
Some at the Supreme Court
398
00:22:05,792 --> 00:22:08,762
were also skeptical
about the validity of the case.
399
00:22:09,360 --> 00:22:12,010
Justice Lewis Powells clerk,
400
00:22:12,099 --> 00:22:15,202
David R. Boyd had this to say,
401
00:22:15,669 --> 00:22:17,471
"It's not a very important case.
402
00:22:17,471 --> 00:22:20,240
In any event, the Vieux Carre is a zoo,
403
00:22:20,240 --> 00:22:22,943
and the addition
of a few more hot dog vendors
404
00:22:22,943 --> 00:22:26,847
will only make life
for fat people like me easier."
405
00:22:27,614 --> 00:22:30,884
Just as Powell himself found
the case to be questionable,
406
00:22:32,152 --> 00:22:37,324
"Taking a look at the briefs,
among the worst I've ever seen."
407
00:22:39,326 --> 00:22:42,596
Powell finished by stating,
"The city's chamber of commerce
408
00:22:42,596 --> 00:22:45,766
argument with respect
to the preservation of the atmosphere
409
00:22:45,766 --> 00:22:49,203
of the Vieux Carre is not impressive."
410
00:22:49,469 --> 00:22:53,941
This case meant every standard
for the Supreme Court to accept it
411
00:22:54,041 --> 00:22:56,543
for hearing or decision.
412
00:22:56,543 --> 00:23:00,747
The Supreme Court probably accepts
less than 3% of the cases
413
00:23:00,747 --> 00:23:04,017
that are brought to it to hear.
414
00:23:04,017 --> 00:23:06,186
Most of the time
the United States Supreme Court
415
00:23:06,186 --> 00:23:08,922
just declines to hear the cases.
416
00:23:08,922 --> 00:23:10,791
If they declined to hear a case,
417
00:23:10,791 --> 00:23:13,227
that means that the ruling
of the Fifth Circuit
418
00:23:13,227 --> 00:23:17,464
or whatever circuit that's decided
the case at the appeal level would stand.
419
00:23:17,931 --> 00:23:21,635
If the United States Supreme Court
denied this case,
420
00:23:21,635 --> 00:23:23,203
or decided not to hear it,
421
00:23:23,203 --> 00:23:25,873
that means that Ms. Dukes
would have won.
422
00:23:25,873 --> 00:23:26,340
Wow!
423
00:23:26,340 --> 00:23:28,909
But the United States Supreme Court
stepped in.
424
00:23:29,276 --> 00:23:32,713
Into this case
about a tiny little hot dog stand
425
00:23:32,913 --> 00:23:34,108
in the city of New Orleans,
426
00:23:34,108 --> 00:23:36,583
and so you really wonder
why would they do that?
427
00:23:37,050 --> 00:23:39,620
Really, this is about a much larger issue
428
00:23:39,620 --> 00:23:43,957
of antitrust law
and monopoly, essentially.
429
00:23:44,240 --> 00:23:48,330
This case doesn't spread
the constitutional muster.
430
00:23:48,462 --> 00:23:52,199
The grandfather ordinance
was legal and passed muster.
431
00:23:52,199 --> 00:23:56,370
We'll hear arguments next in 74-775.
432
00:23:57,237 --> 00:23:59,540
New Orleans against Nancy Dukes.
433
00:24:00,207 --> 00:24:01,241
Loeffelholz.
434
00:24:02,476 --> 00:24:05,045
Mr. Chief Justice, may I please the court?
435
00:24:05,179 --> 00:24:06,960
I was a young lawyer at the time.
436
00:24:07,147 --> 00:24:09,283
I was thrilled and I was nervous, though,
437
00:24:09,283 --> 00:24:11,718
to argue before
the highest court in the land.
438
00:24:11,826 --> 00:24:16,080
Lucky Dogs, they have more
than one of these carts?
439
00:24:16,080 --> 00:24:19,120
I believe they have about 17 or 18.
They definitely have more than one.
440
00:24:19,120 --> 00:24:21,361
- Is it a corporation or a-
- Yes, sir, it is a corporation.
441
00:24:21,361 --> 00:24:22,863
Likely to be there quite a long time
442
00:24:22,863 --> 00:24:24,398
if it has a legislative monopoly,
isn't it?
443
00:24:24,398 --> 00:24:26,600
It's been there 22 years
and you're correct
444
00:24:26,600 --> 00:24:28,502
when you say it may
be a legislative monopoly
445
00:24:28,502 --> 00:24:30,037
in so far as hot dog vendors
are concerned.
446
00:24:30,037 --> 00:24:32,673
What about this other vendor,
the ice cream?
447
00:24:32,673 --> 00:24:34,174
He may be out of business.
448
00:24:34,680 --> 00:24:38,560
You can look at it through a prism
of what is a rational basis?
449
00:24:38,560 --> 00:24:40,347
What is the state talking about?
450
00:24:41,181 --> 00:24:45,552
Okay, keeping the number
of push carts out of the French Quarter
451
00:24:45,552 --> 00:24:47,087
may be a rational basis.
452
00:24:47,600 --> 00:24:52,090
But the ordinance didn't
restrict the number of push carts
453
00:24:52,090 --> 00:24:53,293
in the French Quarter.
454
00:24:53,293 --> 00:24:54,862
Hi. My name is Big John Mason.
455
00:24:54,862 --> 00:24:56,614
If you live in Southeast Louisiana,
456
00:24:56,614 --> 00:25:01,435
you may be familiar with my radio show,
the originally named Big John Mason Show.
457
00:25:01,435 --> 00:25:04,905
Right here live on WGSO 990 AM,
458
00:25:05,005 --> 00:25:09,376
the most conservative talk radio show
in Greater New Orleans area.
459
00:25:10,043 --> 00:25:11,345
Personally, I'm going to say,
460
00:25:11,345 --> 00:25:13,480
"Hey. Who are you to criticize
the Supreme Court?"
461
00:25:14,014 --> 00:25:15,716
This one seemed wrongly decided.
462
00:25:15,716 --> 00:25:20,254
Alexander Hamilton,
if he had been in the court,
463
00:25:20,254 --> 00:25:24,370
and so far he was prone
to enter duels,
464
00:25:24,458 --> 00:25:28,095
he might have jumped up
and challenged that whole panel
465
00:25:28,095 --> 00:25:31,932
of the United States
Supreme Court justices to a do duel.
466
00:25:31,932 --> 00:25:35,269
Because that was the basis
of Alexander Hamilton,
467
00:25:35,269 --> 00:25:38,071
the Tea Party in the revolution.
468
00:25:38,172 --> 00:25:41,074
You're not going to legislate for us.
469
00:25:41,074 --> 00:25:44,645
We decide what legislation applies.
470
00:25:44,645 --> 00:25:46,280
Alexander Hamilton
471
00:25:47,881 --> 00:25:51,485
proverbial spinning in his grave
about this one.
472
00:25:52,319 --> 00:25:56,890
I don't think that any ordinance,
any city council,
473
00:25:56,890 --> 00:25:58,525
any state legislature,
474
00:25:58,525 --> 00:26:02,396
can simply decide
that it is going to favor one man
475
00:26:02,396 --> 00:26:06,290
over another person for no other reason
other than desides to favor him.
476
00:26:06,290 --> 00:26:08,468
Now, I suspect that the City Council,
477
00:26:08,468 --> 00:26:11,635
I feel that the City Council
only had one purpose,
478
00:26:11,635 --> 00:26:14,480
and it was not to promote
the charm and beauty of the Vieux Carré.
479
00:26:14,575 --> 00:26:16,777
It was simply to favor Lucky Dogs.
480
00:26:26,987 --> 00:26:28,989
Without that grandfather clause,
481
00:26:29,957 --> 00:26:33,814
you're going to have some serious problems
with our local economy
482
00:26:33,814 --> 00:26:37,998
if we allow all of these street vendors
and people that are harassing tourists.
483
00:26:38,832 --> 00:26:39,766
We can't do that.
484
00:26:39,766 --> 00:26:43,871
Grandfather clauses essentially
are ways to preserve power.
485
00:26:44,771 --> 00:26:49,800
There are ways for people who have power,
who have wealth to prevent other people
486
00:26:49,800 --> 00:26:51,216
from gaining access to it
487
00:26:51,416 --> 00:26:53,970
and also to ensure
that they don't have to compete.
488
00:26:53,970 --> 00:26:58,018
I don't think that you could simply
eliminate them from the streets
489
00:26:58,785 --> 00:27:02,322
in favor of one person that had
been there merely for 8 years.
490
00:27:02,322 --> 00:27:03,924
Can you eliminate them entirely?
491
00:27:03,924 --> 00:27:07,561
I would think so if they desired,
but you cannot
492
00:27:07,828 --> 00:27:10,430
have this type of discriminatory scheme.
493
00:27:10,430 --> 00:27:13,267
But you could eliminate them
step by step, couldn't you?
494
00:27:14,301 --> 00:27:17,638
Subject to certain regulations,
I would think reasonable regulations.
495
00:27:17,638 --> 00:27:20,200
We are going to eventually
phase out all pushcart dealers.
496
00:27:20,200 --> 00:27:24,640
We're going to start with the ones
who've been in business the least,
497
00:27:24,640 --> 00:27:29,116
the shortest length of time
in order to minimize the upset.
498
00:27:31,151 --> 00:27:33,787
This year, these people
go out of business,
499
00:27:33,887 --> 00:27:35,656
next year, some other people.
500
00:27:35,856 --> 00:27:38,091
Finally, in 5 years,
everyone's going to be out of this.
501
00:27:38,346 --> 00:27:43,230
Finally, in 5 years,
everyone's going to be out of this.
502
00:27:44,160 --> 00:27:48,880
The Supreme Court doesn't necessarily
just look at the facts and the record.
503
00:27:48,880 --> 00:27:52,105
When they're hearing the oral argument
from the attorneys,
504
00:27:52,372 --> 00:27:57,744
there's an implication made
in the oral argument that these vendors
505
00:27:57,744 --> 00:28:01,448
will be retiring soon,
and so there would be no vendors,
506
00:28:01,448 --> 00:28:05,285
except what we know is,
the actual result is
507
00:28:05,385 --> 00:28:09,089
it protected one vendor
and created a monopoly.
508
00:28:10,257 --> 00:28:14,294
Wouldn't it be applicable, as applicable,
if not more so,
509
00:28:14,695 --> 00:28:19,032
if the street peddlers
were all eliminated,
510
00:28:19,199 --> 00:28:20,654
and you had no grandfather clause.
511
00:28:20,654 --> 00:28:22,320
Isn't this the crux of your problem?
512
00:28:22,320 --> 00:28:24,538
This is the crux of our problem,
Mr. Justice Blackmun,
513
00:28:24,538 --> 00:28:28,800
and as I would state, that it may well be
in the regulatory scheme of things
514
00:28:28,800 --> 00:28:31,211
that after Lucky Dogs
and this other fellow
515
00:28:31,745 --> 00:28:34,314
failed to qualify,
go out of business or whatever,
516
00:28:34,515 --> 00:28:37,217
there will be no peddlers
in the French Quarter on the streets,
517
00:28:37,217 --> 00:28:40,454
which we maintain
we can constitutionally regulate.
518
00:28:41,488 --> 00:28:42,222
Hold on.
519
00:28:42,440 --> 00:28:45,930
These so-called smartest guys in the room
were actually boneheads
520
00:28:45,930 --> 00:28:47,610
when it came to business.
521
00:28:47,610 --> 00:28:51,131
As we all know,
and what the justices should have known,
522
00:28:51,365 --> 00:28:53,634
there are three certain in life:
523
00:28:53,967 --> 00:29:00,107
death, taxes, and monopolies
never go out of business.
524
00:29:11,618 --> 00:29:17,357
The Fifth Circuit decision was
absolutely all fours in favor
525
00:29:18,058 --> 00:29:24,731
of declaring the grandfather exception unconstitutional
526
00:29:24,731 --> 00:29:26,600
on a basis of Morey v. Doud.
527
00:29:26,600 --> 00:29:29,803
Which essentially says,
"You cannot favor
528
00:29:29,803 --> 00:29:32,206
one business over another business."
529
00:29:32,639 --> 00:29:34,441
That came out of Illinois.
530
00:29:34,441 --> 00:29:39,930
The state of Illinois decided that they
were only going to allow American Express
531
00:29:39,930 --> 00:29:41,915
because of their sterling record,
532
00:29:43,350 --> 00:29:47,654
lack of chicanery to sell money orders
533
00:29:47,654 --> 00:29:49,389
in the state of Illinois.
534
00:29:49,823 --> 00:29:51,759
Of course, that left everybody else
535
00:29:51,759 --> 00:29:54,161
who wanted to sell money
orders out to dry.
536
00:29:54,161 --> 00:29:58,280
The people who are offended
by this and really damaged by this,
537
00:29:58,280 --> 00:30:01,201
they took an appeal
to the United States Supreme Court,
538
00:30:01,201 --> 00:30:04,505
and Morey v. Doud came about.
539
00:30:04,505 --> 00:30:07,720
The Supreme Court
did what they usually do.
540
00:30:07,720 --> 00:30:13,213
They'll take a relatively minor
obscure issue, decide it,
541
00:30:14,548 --> 00:30:19,419
and the effect of that is what they're
really looking for as precedent.
542
00:30:22,656 --> 00:30:27,261
That's why they overruled
Morey v. Doud.
543
00:30:28,128 --> 00:30:30,664
Because the ACLU lawyer
544
00:30:31,231 --> 00:30:35,536
had relied on Morey v. Doud.
545
00:30:35,536 --> 00:30:38,839
Morey v. Doud
was a banking case that held
546
00:30:39,072 --> 00:30:41,708
that interstate banking was not allowed.
547
00:30:41,708 --> 00:30:43,400
It was only intrastate banking.
548
00:30:43,400 --> 00:30:48,170
But by the time our case came up,
from '52-'74,
549
00:30:49,316 --> 00:30:50,450
20 years passed,
550
00:30:51,418 --> 00:30:53,520
and things had changed in America.
551
00:30:53,954 --> 00:30:56,156
Commerce had changed in America.
552
00:30:56,857 --> 00:31:01,414
Morey v. Doud was not useful anymore
because commerce was expanding,
553
00:31:01,414 --> 00:31:03,096
and banks were expanding,
554
00:31:03,363 --> 00:31:06,500
and lending was expanding,
and the economy was expanding.
555
00:31:06,800 --> 00:31:10,970
"I join the proposed opinion
of the court overruling Morey v. Doud,
556
00:31:10,970 --> 00:31:14,741
essentially, because I believe
that case was wrongly decided
557
00:31:14,842 --> 00:31:19,880
for the reasons expressed at the time
by Justice Black, Frankfurter, and Harlen.
558
00:31:20,447 --> 00:31:22,349
The political branches of government
559
00:31:22,349 --> 00:31:26,019
must have wide scope
in regulating commercial activity,
560
00:31:26,220 --> 00:31:29,256
and whether the choices made
by the city government here
561
00:31:29,256 --> 00:31:32,526
are wise and sound, or to the contrary,
562
00:31:32,526 --> 00:31:36,840
it is not the function of judges
to reassess them on the basis
563
00:31:36,840 --> 00:31:39,250
of the equal protection clause."
564
00:31:39,250 --> 00:31:42,503
I'm wondering, do you think they
decided to hear New Orleans v. Dukes
565
00:31:42,503 --> 00:31:45,072
because they wanted
to strike down Morey v. Doud?
566
00:31:45,072 --> 00:31:46,480
Do you think the reason they did it?
567
00:31:46,480 --> 00:31:49,843
I can't speculate on that,
but it certainly wouldn't surprise me.
568
00:31:50,410 --> 00:31:54,147
Whether it was or it wasn't,
I'm glad for the outcome we got.
569
00:31:54,640 --> 00:31:56,920
The Supreme Court
didn't care about the ordinance
570
00:31:56,920 --> 00:31:59,370
or the charm of the French Quarter.
571
00:31:59,370 --> 00:32:03,457
All they cared about was striking down
Morey v. Doud.
572
00:32:03,891 --> 00:32:07,928
The little people
of New Orleans be damned.
573
00:32:09,400 --> 00:32:15,850
I have the opinion and judgment
for the Court to announce in 74-775,
574
00:32:15,850 --> 00:32:18,205
City of New Orleans against Dukes.
575
00:32:18,572 --> 00:32:21,175
And for reasons stated in an opinion
576
00:32:21,542 --> 00:32:23,610
for the Court filed
with the clerk this morning
577
00:32:23,610 --> 00:32:26,800
and the judgment
of the United States Court of Appeals
578
00:32:26,800 --> 00:32:30,650
for the Fifth Circuit is reversed
and the case is remanded
579
00:32:30,650 --> 00:32:35,055
to that Court for further proceedings
consistent with this opinion.
580
00:32:40,594 --> 00:32:43,530
When I was notified
of the Supreme Court's decision,
581
00:32:43,964 --> 00:32:48,560
it was total happiness
with everybody in our office.
582
00:32:48,560 --> 00:32:51,702
I looked at it and it said, reversed.
583
00:32:52,139 --> 00:32:52,973
I said, "Shit."
584
00:32:52,973 --> 00:32:54,840
And I threw the damn thing
across the room.
585
00:32:54,840 --> 00:32:58,204
One of my law clerks
went to the liquor store and bought,
586
00:32:58,312 --> 00:33:01,215
what do you call fancy champagne,
Dom Pérignon.
587
00:33:01,215 --> 00:33:03,680
A big one.
Not one of these little bottles.
588
00:33:04,184 --> 00:33:06,486
They call them
the Jeroboam, something like that.
589
00:33:06,486 --> 00:33:10,330
It was 500 bucks or whatever
he paid for it, and we had a party.
590
00:33:10,330 --> 00:33:13,327
The secretary, Susan, picked and said,
591
00:33:13,327 --> 00:33:15,195
"You better read it.
You got to do something"
592
00:33:15,195 --> 00:33:18,254
"I don't have to do shit. I'm angry."
593
00:33:18,254 --> 00:33:20,814
Of course, Joe lived and breathed
this whole case.
594
00:33:20,934 --> 00:33:24,605
To him this was the most monumental
earth-shattering experience
595
00:33:24,605 --> 00:33:26,773
that had happened
and he was beside himself.
596
00:33:26,907 --> 00:33:28,475
Of course, he believed
like most other people
597
00:33:28,475 --> 00:33:30,677
that something happened that was crooked.
598
00:33:31,378 --> 00:33:33,347
I think his favorite word
and I learned it from him
599
00:33:33,347 --> 00:33:35,449
and I still use it, chicanery.
600
00:33:35,449 --> 00:33:39,686
Political chicanery must surely
have occurred in order for this case
601
00:33:39,686 --> 00:33:40,954
to have happened in the first place.
602
00:33:40,954 --> 00:33:47,174
This is the typical legislative chicanery
that goes on in New Orleans.
603
00:33:47,327 --> 00:33:49,663
The American colonies...
604
00:33:53,300 --> 00:33:56,370
I read about the king
605
00:33:56,904 --> 00:33:58,105
and the parliament
606
00:33:58,238 --> 00:34:03,577
favoring the United Kingdom businesses,
607
00:34:03,577 --> 00:34:09,454
and at the same time
disadvantaging the people in the colonies.
608
00:34:09,616 --> 00:34:14,488
This is the same thing
that would happen to Nancy Dukes.
609
00:34:16,390 --> 00:34:20,160
Let's say Hancock is with Nancy Dukes,
610
00:34:20,327 --> 00:34:24,298
John Hancock is with Nancy Dukes,
611
00:34:24,865 --> 00:34:28,702
and then the city on the other side,
the British Empire.
612
00:34:29,303 --> 00:34:31,305
It's the same thing all over again.
613
00:34:33,207 --> 00:34:37,411
The Tea Party they would be
throwing hot dogs into Mississippi River.
614
00:34:38,178 --> 00:34:43,517
It would be the great hot dog massacre,
or whatever you want to call it,
615
00:34:44,484 --> 00:34:46,053
and protesting to the king.
616
00:34:46,053 --> 00:34:49,056
Upon hearing the Supreme Court
had reversed the decision,
617
00:34:49,890 --> 00:34:53,336
Fifth Circuit Judge Thomas G
scolded Scotus,
618
00:34:53,460 --> 00:34:58,599
and officially sanctioned weiner cartel
is what she opined.
619
00:34:59,066 --> 00:35:01,134
And officially sanctioned wiener cartel?
620
00:35:02,236 --> 00:35:05,339
That's what I call
a comedic gold mine.
621
00:35:11,612 --> 00:35:14,948
The holding
in City of New Orleans versus Dukes
622
00:35:15,215 --> 00:35:18,485
is different than the
Fifth Circuit holding, obviously.
623
00:35:18,880 --> 00:35:23,930
The Fifth Circuit was applying
the facts that were available to them,
624
00:35:23,930 --> 00:35:28,228
and the facts that had already
been presented to the District Court.
625
00:35:28,929 --> 00:35:33,767
The Supreme Court looked
at the oral arguments of the attorneys
626
00:35:33,901 --> 00:35:37,871
and was making a decision
based on imagined facts.
627
00:35:38,405 --> 00:35:42,676
So for Ms. Dukes,
I would imagine she probably felt
628
00:35:42,676 --> 00:35:44,810
like she never really had
her day in court.
629
00:35:44,810 --> 00:35:47,570
She never got to sit
on a stand and testify
630
00:35:47,570 --> 00:35:50,850
and talk about how the city ordinance
would have affected her.
631
00:35:50,850 --> 00:35:53,320
Nancy Dukes never did
get her day in court.
632
00:35:53,320 --> 00:35:55,522
Nancy Dukes never had her day in court.
633
00:35:56,680 --> 00:35:58,328
Yeah, that makes me really sad,
634
00:35:58,328 --> 00:36:00,880
and I just learned
that she passed too long ago,
635
00:36:00,880 --> 00:36:06,994
but I'm hopeful that there are others
who will take up this incredible fight,
636
00:36:06,994 --> 00:36:08,535
the one that Nancy started.
637
00:36:08,535 --> 00:36:11,371
My mother is from New Orleans,
more or less,
638
00:36:11,371 --> 00:36:15,209
they always complied
with every city ordinance, always.
639
00:36:15,209 --> 00:36:17,611
They paid city taxes,
they paid all their money.
640
00:36:17,911 --> 00:36:20,247
They weren't some outlaw outfit
that was out there
641
00:36:20,881 --> 00:36:22,816
hustling on the streets of New Orleans.
642
00:36:23,150 --> 00:36:25,752
They were well-known,
they had federal tax ID numbers,
643
00:36:25,752 --> 00:36:29,614
they had a company,
and they paid a good deal of money
644
00:36:29,614 --> 00:36:32,492
to the city of New Orleans for the
privilege of operating in that city.
645
00:36:33,260 --> 00:36:34,428
That was a blow too.
646
00:36:34,962 --> 00:36:37,464
Here you are,
you've been in the city all your life,
647
00:36:37,464 --> 00:36:39,700
but you only haven't been
in the Quarter long enough.
648
00:36:39,700 --> 00:36:42,054
Nancy Duke was my client.
649
00:36:43,504 --> 00:36:45,472
She was a dignified lady.
650
00:36:47,107 --> 00:36:48,675
The lady worked hard
651
00:36:49,510 --> 00:36:51,712
to get the little bit that she had.
652
00:37:04,640 --> 00:37:06,788
As a matter of fact,
I'm not going to name any names,
653
00:37:06,788 --> 00:37:08,896
but if you do a little research,
I believe you'll find
654
00:37:08,896 --> 00:37:10,797
that the hot dog vendor in question
655
00:37:10,898 --> 00:37:15,269
is owned by a family of a prominent
Jefferson Parish politician,
656
00:37:16,236 --> 00:37:20,207
who definitely has a vested interest
in keeping the concern going.
657
00:37:20,607 --> 00:37:23,443
The Lucky Dogs guys that run it
658
00:37:23,443 --> 00:37:27,014
now are the sons,
and one of them is a state senator.
659
00:37:27,014 --> 00:37:28,120
That's Kirk Talbot.
660
00:37:28,120 --> 00:37:31,960
He is cracker jack
and he's good government all the way.
661
00:37:31,960 --> 00:37:34,920
He's no BS. He tells you like it is.
662
00:37:35,756 --> 00:37:37,724
His people in his constituents love him.
663
00:37:38,192 --> 00:37:40,460
Introduce yourself,
tell us who you are, what you run,
664
00:37:40,460 --> 00:37:42,629
and what are your job titles?
665
00:37:42,763 --> 00:37:45,132
I'm Kirk Talbot from River Ridge.
666
00:37:45,132 --> 00:37:47,835
My brother Mark and I own Lucky Dogs.
667
00:37:48,200 --> 00:37:50,200
We've owned the business for 52 years.
668
00:37:50,200 --> 00:37:53,006
My father bought the business
after seeing an ad
669
00:37:53,006 --> 00:37:56,130
in the Times, classified section in 1969.
670
00:37:56,130 --> 00:37:59,646
We bought it from the original owners
who started it in 1948.
671
00:37:59,646 --> 00:38:00,374
Wow!
672
00:38:00,747 --> 00:38:02,749
How many years have you
been operating Lucky Dog?
673
00:38:02,916 --> 00:38:04,351
Gosh, I guess 52 years.
674
00:38:04,852 --> 00:38:07,254
Tell me, what is it,
you're also a senator as well?
675
00:38:07,254 --> 00:38:08,555
Yeah, I'm also a state senator.
676
00:38:08,555 --> 00:38:12,426
I represent Harahan, Metairie, Kenner,
and River Ridge
677
00:38:12,759 --> 00:38:14,561
and Lafayette Park as well.
678
00:38:14,561 --> 00:38:16,360
Do you run other businesses as well
or just Lucky Dog?
679
00:38:16,360 --> 00:38:17,464
Just Lucky Dog.
680
00:38:17,698 --> 00:38:19,933
What is it like senator
and a business owner?
681
00:38:21,034 --> 00:38:22,369
It's challenging at times.
682
00:38:24,571 --> 00:38:26,673
I have my brother pick up
my slack than Baton Rouge
683
00:38:26,673 --> 00:38:29,240
in the spring for session,
but we found a way to make it work.
684
00:38:29,343 --> 00:38:32,312
What is the secret of Lucky Dog?
What has been the secret to success?
685
00:38:33,113 --> 00:38:36,783
I don't know it's a combination
of Pat O'Brien's hurricanes
686
00:38:36,984 --> 00:38:41,214
or hand grenades, having a few of those,
and then having one on Bourbon Street.
687
00:38:41,421 --> 00:38:45,292
Maybe the way we steam them
or some combination.
688
00:38:55,169 --> 00:38:59,173
Monopolies are fantastic
if you're the monopolist,
689
00:38:59,173 --> 00:39:03,410
but if you're the consumer,
they're not as good.
690
00:39:03,410 --> 00:39:07,240
I'm guessing most people in America
are consumers and not monopolists.
691
00:39:07,381 --> 00:39:11,818
When you're talking about monopolies
and you're talking about ensuring
692
00:39:11,818 --> 00:39:14,655
that certain
business interests are protected,
693
00:39:14,876 --> 00:39:18,450
you're talking about big money,
period, end of story.
694
00:39:18,450 --> 00:39:21,996
It's what happens when you allow
these monopolies
695
00:39:21,996 --> 00:39:26,500
because you establish, in essence,
696
00:39:26,500 --> 00:39:29,654
a fiefdom, a hot dog fiefdom,
697
00:39:29,654 --> 00:39:35,175
and within that fiefdom
they do as they like,
698
00:39:35,275 --> 00:39:39,174
and they're not subject
to a regulation except maybe health.
699
00:39:39,174 --> 00:39:45,000
Didn't want the vendors
to start spreading the mustard
700
00:39:45,000 --> 00:39:47,080
with their fingers and things like that.
701
00:39:47,080 --> 00:39:50,691
Then they take it upon themselves
when the need arises,
702
00:39:50,691 --> 00:39:52,960
they say, "You gave us this franchise,
703
00:39:52,960 --> 00:39:55,495
but we've got to get around
the Superdome,
704
00:39:56,163 --> 00:39:56,630
we've got-
705
00:39:56,630 --> 00:40:02,970
To get around central business district,
and they extend the monopoly.
706
00:40:02,970 --> 00:40:06,273
Once you have a rule in place,
it is not difficult to take
707
00:40:06,273 --> 00:40:08,141
one step further, one step further.
708
00:40:08,141 --> 00:40:10,810
In fact, in politics,
it's called shifting the paradigm.
709
00:40:10,810 --> 00:40:12,412
Also happens in law a lot.
710
00:40:12,412 --> 00:40:15,249
You have precedent,
and then you build upon that precedent.
711
00:40:15,249 --> 00:40:18,774
What happened in this case
is once the ordinance was in place,
712
00:40:18,774 --> 00:40:23,840
and it's accepted that the city council
can do this in order to preserve beauty,
713
00:40:23,840 --> 00:40:26,927
to preserve culture, history, heritage,
714
00:40:27,027 --> 00:40:28,762
because you want to keep
the French Quarter
715
00:40:28,762 --> 00:40:31,498
looking like it was bad 1700,
716
00:40:31,665 --> 00:40:33,800
then it's easy to extend it
to other areas.
717
00:40:33,800 --> 00:40:35,469
Why not the CBD?
718
00:40:35,903 --> 00:40:37,137
That's the next crown jewel.
719
00:40:37,779 --> 00:40:40,200
One, at the Superdome,
we already have this room in place.
720
00:40:40,200 --> 00:40:42,920
We can just extend it
a little bit further out.
721
00:40:42,920 --> 00:40:46,260
That is how
you have ever-increasing encroachment
722
00:40:46,260 --> 00:40:47,748
of restrictions on trade.
723
00:40:48,215 --> 00:40:52,878
It's not only the people
who enjoy the monopoly,
724
00:40:52,878 --> 00:40:54,850
but the people who grant the monopoly.
725
00:40:54,850 --> 00:40:58,725
It is all that unbridled power.
726
00:40:59,026 --> 00:41:02,930
It lends itself to the the the old saw,
727
00:41:02,930 --> 00:41:06,600
power corrupts
and absolute power corrupts absolutely.
728
00:41:06,600 --> 00:41:08,530
It's the same damn thing.
729
00:41:08,530 --> 00:41:12,372
Would you mind telling me your name
and what you do, your business?
730
00:41:12,372 --> 00:41:15,280
My name's Reggie Ford.
I'm born and raised in New Orleans.
731
00:41:15,280 --> 00:41:18,650
I'm an artist,
and I also do community work in activism.
732
00:41:19,179 --> 00:41:21,114
You seem to be fine
and doing your thing
733
00:41:21,114 --> 00:41:23,200
with your livelihood
here in the French Quarter.
734
00:41:23,200 --> 00:41:28,388
Have you noticed that there's
only one street food cart vendor
735
00:41:28,655 --> 00:41:30,057
in the French Quarter.
736
00:41:30,057 --> 00:41:31,792
Yes.
737
00:41:31,792 --> 00:41:33,393
You have?
I have noticed.
738
00:41:33,393 --> 00:41:38,610
The only food street cart vendor I noticed
was Lucky Dogs throughout my entire life
739
00:41:38,610 --> 00:41:39,920
and being in the French Quarters.
740
00:41:39,920 --> 00:41:42,410
I've been hanging out here since 1988.
741
00:41:42,410 --> 00:41:48,370
Let's just call it a food monopoly.
742
00:41:48,370 --> 00:41:52,186
Lucky Dogs has become
part and parcel of the charm
743
00:41:52,379 --> 00:41:55,115
of the French Quarter and the CBD.
744
00:41:55,415 --> 00:41:58,051
Wherever they were, tourists come,
745
00:41:58,051 --> 00:42:02,055
they want to go get a Lucky Dog as part
of the magnet to bring people here.
746
00:42:02,055 --> 00:42:05,025
It's not the biggest thing.
The buildings, etcetera, are.
747
00:42:05,158 --> 00:42:08,228
But people that come here
like to they have their Lucky Dog
748
00:42:08,228 --> 00:42:10,330
late at night after they've been
to the barrooms,
749
00:42:10,330 --> 00:42:11,974
and they're walking back to their hotels.
750
00:42:11,974 --> 00:42:13,240
They're part of New Orleans.
751
00:42:13,240 --> 00:42:15,202
When people look at tourist magazines,
752
00:42:15,202 --> 00:42:20,140
when people look at articles
about New Orleans,
753
00:42:21,208 --> 00:42:24,144
invariably,
there's something about Lucky Dogs
754
00:42:24,244 --> 00:42:26,013
and the charm of Lucky Dogs.
755
00:42:26,400 --> 00:42:28,254
It's something unique. It really is.
756
00:42:28,254 --> 00:42:31,318
I sound like a spokesman for Lucky Dogs,
I'm not, but I'm just telling you
757
00:42:31,318 --> 00:42:33,654
that's the reason that it was.
758
00:42:33,654 --> 00:42:37,357
Monopolies just don't work.
759
00:42:37,720 --> 00:42:41,839
When you give the means
of setting the price,
760
00:42:41,839 --> 00:42:47,694
setting the service, setting the quantity,
you are always asking for trouble.
761
00:42:47,694 --> 00:42:49,290
It's economics 101.
762
00:42:49,403 --> 00:42:52,072
I think what you've done though,
if you've granted a lifetime monopoly
763
00:42:52,160 --> 00:42:55,859
to this company, by virtue of,
you were here before,
764
00:42:55,859 --> 00:42:57,911
so you get to stay, is kind of it.
765
00:42:57,911 --> 00:43:00,280
That doesn't meet
any constitutional criteria
766
00:43:00,280 --> 00:43:01,548
of any kind at all.
767
00:43:01,548 --> 00:43:06,153
It doesn't matter if you are a rich,
uptown liberal,
768
00:43:06,286 --> 00:43:10,524
a greedy, conservative
small business owner
769
00:43:10,524 --> 00:43:12,254
trying to make payroll,
770
00:43:12,254 --> 00:43:14,970
it doesn't matter if you don't work,
771
00:43:14,970 --> 00:43:18,330
it doesn't matter if you're
a homeowner, it doesn't matter,
772
00:43:18,330 --> 00:43:19,967
you pay the same price.
773
00:43:19,967 --> 00:43:23,470
The politicians are always okay with this
774
00:43:23,470 --> 00:43:27,908
because the city is getting its cut,
or the state is getting its cut.
775
00:43:28,141 --> 00:43:31,445
Unless you elect representatives
that are willing to say,
776
00:43:31,445 --> 00:43:34,615
"Hey, we're busting up the monopolies,"
777
00:43:34,840 --> 00:43:38,800
it doesn't matter what party you're in,
you're going to get soaked.
778
00:43:38,886 --> 00:43:41,688
It's a cheat. It's a scam.
It's a monopoly.
779
00:43:42,022 --> 00:43:44,324
You're going to get
one person the opportunity.
780
00:43:44,958 --> 00:43:49,599
Whose hand here I have to shake
or how much do you to pay to do that?
781
00:43:50,063 --> 00:43:51,865
Because it's paid under the table.
782
00:43:51,865 --> 00:43:53,233
Back then we wouldn't record this stuff
783
00:43:53,233 --> 00:43:55,502
like we're digitally
recording it right now.
784
00:43:56,266 --> 00:43:59,360
It was a lot of back through things
and back good deals going on,
785
00:43:59,360 --> 00:44:02,709
and backyard handshakes
and all that stuff back in the days.
786
00:44:02,910 --> 00:44:04,545
We don't do business like that now.
787
00:44:04,545 --> 00:44:06,046
Now they're scrutinizing everything.
788
00:44:06,226 --> 00:44:10,007
Why are we not scrutinizing
why Lucky Dog is the only business
789
00:44:10,007 --> 00:44:14,188
in the French Quarters
since 1972, 50 years,
790
00:44:14,188 --> 00:44:16,123
but y'all not looking
at the small business?
791
00:44:16,123 --> 00:44:17,658
I don't care if I'm black,
because guess what?
792
00:44:17,658 --> 00:44:19,426
They got white vendors,
they got Mexicans,
793
00:44:19,426 --> 00:44:21,795
they got Haitians,
they got other creole,
794
00:44:21,795 --> 00:44:24,050
they got other cages,
so it ain't just me.
795
00:44:24,050 --> 00:44:26,200
It ain't just all about me
being African-American.
796
00:44:26,200 --> 00:44:28,610
It's about the equality for everybody.
797
00:44:28,610 --> 00:44:30,737
Here in Louisiana and in New Orleans,
798
00:44:31,371 --> 00:44:33,874
we have a very deep history
to say the least,
799
00:44:33,874 --> 00:44:37,144
going back 400 years of racial oppression
800
00:44:37,144 --> 00:44:42,049
and that often takes place,
especially these days, economically.
801
00:44:42,616 --> 00:44:47,988
We see situations where usually
white-owned businesses
802
00:44:47,988 --> 00:44:50,123
have extreme advantages
803
00:44:50,123 --> 00:44:54,461
and have shut off a lot of opportunity
for minority-owned businesses
804
00:44:54,461 --> 00:44:56,597
to get into the marketplace,
wherever that may be.
805
00:44:56,597 --> 00:44:59,733
I think this is
a particularly acute example of that.
806
00:44:59,733 --> 00:45:06,440
But the reason they've established
the exclusivity was simply money.
807
00:45:06,440 --> 00:45:07,290
That's all.
808
00:45:07,290 --> 00:45:13,046
The economic ripple effect, if you would,
is huge, and it's always ignored
809
00:45:13,213 --> 00:45:14,982
when you're talking about monopoly.
810
00:45:14,982 --> 00:45:20,287
You're talking about the loss of jobs,
the loss of the spending in the community,
811
00:45:20,287 --> 00:45:22,422
the tax that goes to the city and state.
812
00:45:22,422 --> 00:45:26,454
Monopolies are literally
a capitalism disaster.
813
00:45:26,454 --> 00:45:28,600
This court case was 50 years ago.
814
00:45:28,600 --> 00:45:34,250
This is 50 years of business
that is pretty much unfettered.
815
00:45:34,250 --> 00:45:36,370
People expected to see them
when they came here.
816
00:45:36,370 --> 00:45:40,174
Lucky Dogs had 22 carts
on all the corners, and people loved them.
817
00:45:40,541 --> 00:45:41,600
Not just the food.
818
00:45:41,600 --> 00:45:44,144
Food was, I guess it was okay.
I never had one.
819
00:45:44,244 --> 00:45:45,946
To this day I've never had one.
820
00:45:49,080 --> 00:45:52,120
Imagine a French Quarter
where only one musical group
821
00:45:52,120 --> 00:45:53,970
is allowed to do a performance.
822
00:45:53,970 --> 00:45:56,190
A monopoly on music?
823
00:45:56,657 --> 00:45:58,192
Now that would be wrong.
824
00:45:58,692 --> 00:46:00,427
But so is this ordinance?
825
00:46:00,427 --> 00:46:03,654
Tamales! Tamales!
826
00:46:03,830 --> 00:46:07,768
The hot tamale man is a legendary
street vendor in the French Quarter.
827
00:46:07,920 --> 00:46:10,730
He even has his own mural.
828
00:46:10,730 --> 00:46:11,830
Can I get it to tamale?
829
00:46:11,830 --> 00:46:13,930
Yeah. What do you want, baby?
Chicken or pork?
830
00:46:13,930 --> 00:46:15,730
- Chicken.
- I love your babies.
831
00:46:15,730 --> 00:46:17,377
But he's also breaking the law
832
00:46:17,377 --> 00:46:20,113
when he sells his delicious tamales
in the Quarter.
833
00:46:20,414 --> 00:46:22,449
I love you all my babies.
834
00:46:22,549 --> 00:46:23,884
Baby, touch it, it's hot.
835
00:46:23,884 --> 00:46:26,753
- It's hot.
- It's hot tamale, baby. Hot tamales.
836
00:46:27,087 --> 00:46:30,157
Yet still spreading the love.
837
00:46:30,157 --> 00:46:31,758
Hot tamale, babies.
838
00:46:32,960 --> 00:46:34,695
I love you all my ladies.
839
00:46:56,016 --> 00:46:58,886
The more unrestricted
competition you have,
840
00:46:58,886 --> 00:47:00,687
and again, when I say unrestricted,
841
00:47:00,687 --> 00:47:03,357
I'm not talking
about letting the hot dog people
842
00:47:03,357 --> 00:47:05,392
dump their water in the street,
843
00:47:05,392 --> 00:47:08,629
I'm talking about minimally-regulated
free enterprise,
844
00:47:09,129 --> 00:47:11,895
the more choice
the consumer is going to have,
845
00:47:11,895 --> 00:47:15,936
and therefore, the more efficient
the system is going to be.
846
00:47:16,403 --> 00:47:19,560
Bottom line is,
it shouldn't be a monopoly there.
847
00:47:19,560 --> 00:47:23,970
We should have some open competition,
and we fight for that every day also.
848
00:47:24,478 --> 00:47:28,081
When you just have one vendor
making the rules,
849
00:47:28,081 --> 00:47:31,618
and all the rules in their way
because no one else can compete,
850
00:47:32,252 --> 00:47:34,087
they can get away with almost murder.
851
00:47:34,600 --> 00:47:38,667
Competition means that you present
what you have at your best
852
00:47:38,759 --> 00:47:40,627
and others present
what they have at their best,
853
00:47:40,627 --> 00:47:42,262
and the people get to decide, right?
854
00:47:43,997 --> 00:47:46,767
What was it? Competition.
855
00:47:46,900 --> 00:47:49,303
Not our thing at all.
856
00:47:49,736 --> 00:47:53,040
Why competition
is downright [inaudible 00:47:52]?
857
00:47:53,400 --> 00:47:55,010
I think you should allow for competition.
858
00:47:55,010 --> 00:47:56,520
You should allow for other people.
859
00:47:56,520 --> 00:47:58,579
Why can't I have a cart with beignets?
860
00:47:58,579 --> 00:48:01,882
Why can't I have a cart with Kebabs?
861
00:48:01,882 --> 00:48:02,880
They can be regulated.
862
00:48:02,880 --> 00:48:05,052
They can have sanitary restrictions,
of course.
863
00:48:05,219 --> 00:48:09,089
But there is no reason
why there's only one vendor allowed
864
00:48:09,089 --> 00:48:12,292
in the French Quarter
or in the Dome or in the CBD.
865
00:48:12,860 --> 00:48:15,495
It's the beauty of competition,
the better ideas come out.
866
00:48:15,960 --> 00:48:21,160
Anything that restrains competition
hurt the American way.
867
00:48:21,160 --> 00:48:27,200
But I really do believe members that once
we get the competition cranking up again,
868
00:48:27,200 --> 00:48:29,376
I think is going to take care of itself.
869
00:48:30,811 --> 00:48:44,291
Competition always favors the consumer
because prices will go down.
870
00:48:49,440 --> 00:48:52,250
Would you mind telling me your name
and the name of your company?
871
00:48:52,250 --> 00:48:54,801
I am Ericka Lassair
with Diva Dogs Food Truck.
872
00:48:55,035 --> 00:48:57,334
Would you like give me
a little bit more information
873
00:48:57,334 --> 00:48:59,706
about exactly what kind of cuisine?
874
00:49:00,040 --> 00:49:02,442
It should be hard to tell
875
00:49:02,643 --> 00:49:05,612
Diva Dog is a hot dog food truck.
876
00:49:05,612 --> 00:49:11,251
Believe it or not, that specializes
in New Orleans' creole style, hot dogs.
877
00:49:11,251 --> 00:49:13,640
I have a raving chili dog
topped with fried chicken,
878
00:49:13,640 --> 00:49:15,389
I have a crawfish etouffee dog,
879
00:49:15,389 --> 00:49:18,425
and I do a praline candy shake,
crab meat, grilled cheesy,
880
00:49:18,581 --> 00:49:19,854
crown up a pie bread pudding.
881
00:49:19,854 --> 00:49:22,462
I just like to make people hungry
when I'm talking about Diva Dog.
882
00:49:22,462 --> 00:49:23,630
Yes, I'm hungry.
883
00:49:24,565 --> 00:49:28,101
I always heard that there were only
884
00:49:28,101 --> 00:49:32,410
a few people that were able to go
in that were mobile food cart vendors.
885
00:49:32,410 --> 00:49:36,010
Basically food cart vendors,
not any even food trucks at all.
886
00:49:36,466 --> 00:49:39,120
You said you were aware
that a few were allowed to go in?
887
00:49:39,120 --> 00:49:42,250
- Mm-hmm. Just maybe one.
- Maybe one.
888
00:49:42,250 --> 00:49:44,080
It's not a Lucky Dog, that's for sure.
889
00:49:44,080 --> 00:49:46,330
It's not a high dog, a Diva Dog.
890
00:49:46,330 --> 00:49:48,170
A Diva Dog, definitely.
891
00:49:48,170 --> 00:49:50,720
I like to put New Orleans in your mouth.
That's what I say.
892
00:49:50,991 --> 00:49:52,159
Love it.
893
00:49:52,159 --> 00:49:55,996
Are you surprised or shocked
that we're in 2022,
894
00:49:55,996 --> 00:49:58,899
and the monopoly
basically still continues?
895
00:49:58,899 --> 00:50:03,036
I'm not surprised because just
from lawyer friends that I have,
896
00:50:03,036 --> 00:50:06,410
I just know that Louisiana law is hard
and it's hard to overturn,
897
00:50:06,410 --> 00:50:07,610
it's hard to learn.
898
00:50:08,742 --> 00:50:11,612
It's not shocking to me
that is still the same.
899
00:50:13,814 --> 00:50:15,182
No, it's not shocking to me at all.
900
00:50:15,182 --> 00:50:20,320
I just know Louisiana historically
liked to value things that's been here
901
00:50:20,320 --> 00:50:21,622
for a long time,
902
00:50:23,090 --> 00:50:24,925
which I appreciate in a way too,
903
00:50:24,925 --> 00:50:27,127
because I want Diva Dogs to be that name
904
00:50:27,127 --> 00:50:30,831
to where it's historically
respected as well.
905
00:50:32,799 --> 00:50:34,835
I guess, Lucky Dog got lucky.
906
00:50:36,570 --> 00:50:37,871
They're in the French Quarter.
907
00:50:37,871 --> 00:50:40,274
It will be nice to be able to come in.
908
00:50:40,274 --> 00:50:43,210
It would be nice be able to...
New companies open up.
909
00:50:43,644 --> 00:50:46,146
There's one guy
I see who has a hot dog stand,
910
00:50:46,146 --> 00:50:49,583
and I think he stands
on Martin Luther King and St. Charles.
911
00:50:49,583 --> 00:50:52,419
That would be great for him
to go down there because he has a cart.
912
00:51:16,743 --> 00:51:20,080
I've been here for a very long time,
and I've been down here quite a bit
913
00:51:20,080 --> 00:51:23,217
and the food options are pretty lacking.
914
00:51:24,251 --> 00:51:28,088
If you're talking about that I would
love to see in the French Quarter,
915
00:51:28,222 --> 00:51:33,493
it's cheap, quick, healthy food options.
916
00:51:34,320 --> 00:51:38,240
Hot dogs are not something
that I really eat very much.
917
00:51:38,240 --> 00:51:41,101
I would love to see a Greek food cart.
918
00:51:41,502 --> 00:51:45,105
Something with good bread
and vegetables,
919
00:51:45,105 --> 00:51:49,409
really is a thing that is
pretty rare down here.
920
00:51:49,409 --> 00:51:55,916
In this case, it appears to have created
a system that really hurts the people
921
00:51:55,916 --> 00:51:57,951
of New Orleans, the workers here,
922
00:51:57,951 --> 00:52:00,888
and even the visitors who lack a choice.
923
00:52:01,255 --> 00:52:03,123
When they come in,
we're a big tourist town,
924
00:52:03,123 --> 00:52:05,092
and that lack of choice
925
00:52:05,526 --> 00:52:08,362
I think probably affects us as a whole,
as the city, the people.
926
00:52:08,362 --> 00:52:11,298
This one-size-fits-all
buy from the company
927
00:52:11,386 --> 00:52:15,210
we tell you you're buying from,
it's not the American way.
928
00:52:15,302 --> 00:52:18,972
It makes our system inefficient,
it hurts consumer choice,
929
00:52:18,972 --> 00:52:20,274
it's just bad.
930
00:52:20,274 --> 00:52:24,511
If you buy my premise
that free market capitalism
931
00:52:24,511 --> 00:52:28,482
is what makes America great
and by default, it is un-American.
932
00:52:28,482 --> 00:52:30,280
There's not many options for us locals.
933
00:52:30,517 --> 00:52:33,220
There's probably all sorts of booths
you could have that would be so nice,
934
00:52:33,220 --> 00:52:34,855
like Greek falafel.
935
00:52:35,722 --> 00:52:37,758
Or God knows,
you'd be like Genesis says,
936
00:52:37,758 --> 00:52:41,495
you could do all sorts of things
that would enhance the quality
937
00:52:41,495 --> 00:52:44,598
of the French Quarter atmosphere
so tremendously.
938
00:52:44,598 --> 00:52:48,569
Instead, you got one old,
worn out Lucky Dog wagon.
939
00:52:48,569 --> 00:52:50,237
I wonder if they bought any new ones even.
940
00:52:50,237 --> 00:52:51,638
Why bother if you got monopoly?
941
00:52:52,040 --> 00:52:55,080
That whole area could really
come to life with that sort of thing.
942
00:52:55,080 --> 00:52:58,145
Are you aware that in 1976,
the Supreme Court rubber stamp
943
00:52:58,145 --> 00:53:00,214
the monopoly in regards to Lucky Dog,
944
00:53:00,214 --> 00:53:03,750
and that's what keeps all the vendors
outside of the French Quarter?
945
00:53:03,750 --> 00:53:04,985
No. I wasn't aware of that.
946
00:53:05,419 --> 00:53:07,120
I now think people should advocate
947
00:53:07,120 --> 00:53:09,890
to have more inclusiveness
in this process
948
00:53:09,890 --> 00:53:12,993
so we could have
a diverse selection of food
949
00:53:13,193 --> 00:53:15,229
when we're walking
up and down these sidewalks.
950
00:53:15,229 --> 00:53:20,634
How do you feel allowing
more than just one food cart vendor?
951
00:53:20,840 --> 00:53:25,800
Street food cart vendor to be allowed
to sell their food in the French Quarter,
952
00:53:25,800 --> 00:53:28,280
how do you that would
affect the community.
953
00:53:28,280 --> 00:53:29,877
Do you think it could translate
954
00:53:29,877 --> 00:53:33,447
into people having
brick and mortar situations?
955
00:53:33,447 --> 00:53:35,048
Yeah, I believe it could be done
956
00:53:35,048 --> 00:53:38,218
because I've seen
something similar happened
957
00:53:38,519 --> 00:53:42,990
from a guy selling chicken
out of a food truck,
958
00:53:43,390 --> 00:53:46,827
now he have brick and mortar business
all over the place,
959
00:53:46,827 --> 00:53:52,499
and also vending in arenas
at the NFL games and at the NBA game.
960
00:53:52,966 --> 00:53:54,294
It's called We Dat's Chicken.
961
00:53:54,294 --> 00:53:58,600
He started off small
from right then a food truck.
962
00:53:59,339 --> 00:54:03,610
Somebody could start
at a street food vending
963
00:54:04,378 --> 00:54:06,146
and then grow into brick and mortar
964
00:54:06,146 --> 00:54:08,415
and then turn it
into a Fortune 500 company.
965
00:54:08,415 --> 00:54:09,616
The sky's the limit.
966
00:54:09,616 --> 00:54:14,480
But you need to be able to get in the door
from the ground up level,
967
00:54:14,480 --> 00:54:15,956
and that's the perfect way
968
00:54:16,423 --> 00:54:19,326
to invest into a small business
and watch them grow.
969
00:54:19,793 --> 00:54:22,629
Particularly, the tourists
and a great number of the residents
970
00:54:22,629 --> 00:54:25,294
of the French Quarter
really like Lucky Dogs.
971
00:54:25,294 --> 00:54:27,760
It really is a staple.
That's a good way to put it.
972
00:54:27,760 --> 00:54:29,469
The food options are very limited.
973
00:54:29,469 --> 00:54:31,480
What would you like to see
in the French Quarter if you could have?
974
00:54:31,480 --> 00:54:32,172
What kind of food cart?
975
00:54:32,172 --> 00:54:35,174
I would like burgers and barbecue.
976
00:54:35,174 --> 00:54:40,147
I even would like some Mexican food
or something like that.
977
00:54:41,515 --> 00:54:43,317
Of course, New Orleans food,
978
00:54:44,218 --> 00:54:46,119
I don't see that very often
off the street.
979
00:54:46,119 --> 00:54:48,610
You got to wait if all places are closed.
980
00:54:48,610 --> 00:54:50,290
You can eat till the next day.
981
00:54:50,290 --> 00:54:53,080
These vendors that would come in,
if they would offer something nice
982
00:54:53,080 --> 00:54:55,095
that you'd find appealing,
now that would be...
983
00:54:55,629 --> 00:54:57,497
Sushi bar would be great.
984
00:54:57,898 --> 00:55:01,668
You could sit there
and have a cold sake beer
985
00:55:02,002 --> 00:55:04,334
and eat sushi
or whatever floats your boat.
986
00:55:04,334 --> 00:55:07,241
But to put those kind of vendors
in there now
987
00:55:07,774 --> 00:55:09,576
would make a lot of money for the city.
988
00:55:09,576 --> 00:55:14,414
If you don't have a choice, If you don't
have a real choice as a consumer,
989
00:55:14,414 --> 00:55:17,050
you can be up
the preferably polluted creek
990
00:55:17,050 --> 00:55:18,719
without proper means of propulsion.
991
00:55:32,799 --> 00:55:35,934
These Lucky Dog vendors
are making like 16%
992
00:55:35,934 --> 00:55:37,770
and their 1099 employees.
993
00:55:37,770 --> 00:55:39,050
There's no protections.
994
00:55:39,050 --> 00:55:43,040
To my understanding, they take
their carts from the warehouse
995
00:55:43,040 --> 00:55:47,160
all the way to the workplace,
and that's all on their own nickel.
996
00:55:49,016 --> 00:55:51,218
To us in a live moment, it's not fair.
997
00:55:51,346 --> 00:55:56,010
We think people should be treated fairly,
we think people should get a living wage.
998
00:55:56,523 --> 00:55:58,625
We get paid commission plus tips.
999
00:55:59,393 --> 00:56:02,196
If people are generous, then I can live.
1000
00:56:02,196 --> 00:56:03,564
I can live. I can live.
1001
00:56:03,564 --> 00:56:08,902
That oppressive labor practice,
not paying people what they are owed,
1002
00:56:09,169 --> 00:56:12,174
that is created
and catalyzed by a monopoly.
1003
00:56:12,174 --> 00:56:15,930
Back to Lucky Dog, all the things
I just said about workman compensation,
1004
00:56:15,930 --> 00:56:19,021
unemployment benefits,
and Social Security,
1005
00:56:19,221 --> 00:56:22,090
they get none of that if they're
an independent contractor.
1006
00:56:22,090 --> 00:56:24,480
They'll be in that same shape
that if they get hurt
1007
00:56:24,480 --> 00:56:26,653
in the workplace, no insurance.
1008
00:56:28,188 --> 00:56:32,693
If they decide to retire
at that job at 65, 70 years old,
1009
00:56:32,693 --> 00:56:34,895
there's nothing in the pipe
for Social Security.
1010
00:56:35,629 --> 00:56:37,764
I'm an independent contractor.
1011
00:56:37,764 --> 00:56:40,160
I do my 1099, I do my own taxes.
1012
00:56:40,160 --> 00:56:45,906
To learn that the folks who are working,
doing the really difficult labor
1013
00:56:45,906 --> 00:56:47,107
of pushing these carts
1014
00:56:47,107 --> 00:56:51,211
and being out in the extremely oppressive
New Orleans heat,
1015
00:56:51,211 --> 00:56:55,282
to learn that these folks are not
making a livable wage is really shocking.
1016
00:56:55,716 --> 00:57:00,821
It should make all of us really,
really concerned and even angry
1017
00:57:01,288 --> 00:57:06,226
that we would allow folks to labor
and to really be able to benefit
1018
00:57:06,226 --> 00:57:08,028
from their labor with even a livable wage.
1019
00:57:08,028 --> 00:57:10,397
That happens because of monopolies.
1020
00:57:11,999 --> 00:57:15,335
To demonstrate
Lucky Dogs exploitation of its vendors,
1021
00:57:15,335 --> 00:57:17,504
we sent our guy Tristan undercover
1022
00:57:17,504 --> 00:57:20,007
and followed him around
on a Saturday afternoon
1023
00:57:20,007 --> 00:57:24,144
in triple digit heat and 95% humidity.
1024
00:57:24,640 --> 00:57:27,370
Run out of Doctor Pepper,
running out of Coke.
1025
00:57:27,370 --> 00:57:29,149
It might be an early day today.
1026
00:57:29,917 --> 00:57:31,185
All the way out of water now.
1027
00:57:31,652 --> 00:57:35,756
Man, I think it's probably
about 95–100 degrees out here.
1028
00:57:36,590 --> 00:57:38,659
I'm sweating like a stuck pig.
1029
00:57:39,626 --> 00:57:41,261
It's humid and it's hot.
1030
00:57:42,329 --> 00:57:44,865
I can feel my breath coming off pavement.
1031
00:57:45,200 --> 00:57:48,410
For most of the day
he only sold a few cold drinks.
1032
00:57:48,502 --> 00:57:50,037
By the end of his shift,
1033
00:57:50,037 --> 00:57:55,242
he made a total
of only $76 including tips.
1034
00:58:09,189 --> 00:58:15,329
My community are natural entrepreneurs,
but unfortunately due to the law,
1035
00:58:15,329 --> 00:58:18,966
a lot of vendors that you might catch
in the French Quarter
1036
00:58:18,966 --> 00:58:23,003
are being forced to, by law,
commit a crime
1037
00:58:23,737 --> 00:58:28,720
just by selling bottles of water,
different fruits.
1038
00:58:28,842 --> 00:58:32,279
We have communities just
bordering the French Quarter
1039
00:58:32,279 --> 00:58:37,384
that are predominantly black and brown,
predominantly lower income folks,
1040
00:58:37,384 --> 00:58:41,788
and we're essentially putting up almost
a wall around the French Quarter
1041
00:58:41,788 --> 00:58:44,679
when it comes to economic opportunity
1042
00:58:44,825 --> 00:58:48,562
for those folks
who could just walk a few blocks,
1043
00:58:48,729 --> 00:58:51,054
try to set up a business,
try to make some money,
1044
00:58:51,054 --> 00:58:54,240
and we're forcing them to be
criminals if they do that.
1045
00:58:54,240 --> 00:58:57,304
That doesn't seem
like a really good way to help people.
1046
00:58:57,404 --> 00:58:59,706
Would you like to own
your own food cart here in the Quarter?
1047
00:59:01,108 --> 00:59:04,845
Looking at all the legalities it is
and all this...
1048
00:59:05,612 --> 00:59:09,249
I was just reading a survey,
not with a survey,
1049
00:59:09,520 --> 00:59:11,360
a poll today or something like that.
1050
00:59:11,360 --> 00:59:15,489
They said the cities,
the states who have the best places
1051
00:59:15,489 --> 00:59:19,927
to start businesses in,
and Louisiana is 48th.
1052
00:59:20,327 --> 00:59:21,662
I went through that.
1053
00:59:22,029 --> 00:59:24,898
I spent $10,000, yes,
1054
00:59:24,898 --> 00:59:30,054
and I went through the whole thing,
and it's just like, I'd rather do this.
1055
00:59:30,054 --> 00:59:34,474
Who doesn't want to be
in the area where tourists are?
1056
00:59:34,474 --> 00:59:37,644
I would love to have
a food cart in the Quarters.
1057
00:59:37,920 --> 00:59:40,490
Number 1, where I'm working at,
at Bohns,
1058
00:59:40,914 --> 00:59:42,749
I appreciate that they
actually let me work here,
1059
00:59:42,749 --> 00:59:46,486
but it's been slow because they're
getting everybody up in the Quarters.
1060
00:59:46,486 --> 00:59:50,357
The vibe won't really
be a consistent flowing.
1061
00:59:50,724 --> 00:59:52,326
In the French Quarter
is where everybody be at,
1062
00:59:52,326 --> 00:59:54,595
so I would love
to be in the Quarters if I could.
1063
00:59:57,431 --> 00:59:59,933
Because I wouldn't have to be struggling
the way that I'm struggling.
1064
00:59:59,933 --> 01:00:02,970
It would be beneficial
for me and my family.
1065
01:00:02,970 --> 01:00:05,339
I'm raising my grandson,
he's one years old,
1066
01:00:05,339 --> 01:00:06,970
and I'm taking care of my daughter,
1067
01:00:06,970 --> 01:00:09,403
and it's just me and it's very hard
being a single parent
1068
01:00:09,403 --> 01:00:12,240
trying to do everything
to try to make ends meet.
1069
01:00:12,346 --> 01:00:16,374
I would love a cart
in the French Quarters, definitely.
1070
01:00:16,483 --> 01:00:19,119
This ordinance
which is going on its 50th anniversary
1071
01:00:19,119 --> 01:00:22,623
has really helped economic development
in the French Quarter.
1072
01:00:23,257 --> 01:00:25,492
It has also helped residents
in the French Quarter.
1073
01:00:25,492 --> 01:00:27,828
You have to remember
that the French Quarter
1074
01:00:28,662 --> 01:00:32,566
it's a unique blend
of residents and businesses,
1075
01:00:32,566 --> 01:00:36,370
and it's helped economic developments,
it's given opportunities to other people.
1076
01:00:37,838 --> 01:00:40,607
One vendor who has been denied access
in the French Quarter
1077
01:00:40,607 --> 01:00:42,734
is New Orleans native, Lloyd.
1078
01:00:42,734 --> 01:00:44,811
He has been relegated
to selling cold drinks
1079
01:00:44,912 --> 01:00:46,880
on the outskirts of the Quarter.
1080
01:00:47,080 --> 01:00:49,316
He is well aware of what's going on.
1081
01:00:49,750 --> 01:00:53,120
I just want to have the opportunity to do
what I like to do, work with the public.
1082
01:00:54,454 --> 01:00:55,722
I'm always out here.
1083
01:00:58,158 --> 01:01:00,794
I just want a legal, honest living.
1084
01:01:03,430 --> 01:01:07,160
I feel like I deserve the opportunity
to work for myself.
1085
01:01:07,160 --> 01:01:09,680
After 50 years,
the monopolist still going on.
1086
01:01:09,680 --> 01:01:11,572
Small vendors such as myself,
1087
01:01:11,839 --> 01:01:13,560
we're not trying
to run off like a dog,
1088
01:01:13,560 --> 01:01:16,850
but I do want to have
my shot at it too.
1089
01:01:16,850 --> 01:01:20,047
- Understood. It's the American way.
- Yes, it is.
1090
01:01:20,047 --> 01:01:21,715
American way, capitalism.
1091
01:01:22,040 --> 01:01:23,400
It shouldn't be a one-way street.
1092
01:01:23,400 --> 01:01:28,040
With that being said,
I'm expressing my feelings
1093
01:01:28,040 --> 01:01:29,640
because it's time for a change.
1094
01:01:29,640 --> 01:01:31,160
- New Orleans is beautiful.
- Yes.
1095
01:01:31,160 --> 01:01:34,361
This is not about who's the bad guy,
who's the good guy.
1096
01:01:34,361 --> 01:01:37,497
It's just about the American way,
the American dream,
1097
01:01:37,598 --> 01:01:41,602
and allowing people to have an opportunity
to provide for their families.
1098
01:01:41,602 --> 01:01:42,169
Exactly.
1099
01:01:42,169 --> 01:01:44,071
I'm just a little fed up
1100
01:01:46,707 --> 01:01:48,175
the monopoly is still going on
1101
01:01:48,175 --> 01:01:50,978
and that we don't even
get a chance or a shot
1102
01:01:50,978 --> 01:01:55,115
to even fill out the application
for the vendor's license
1103
01:01:55,349 --> 01:01:59,280
because it's all sold up
to those that are grandfathered in.
1104
01:01:59,419 --> 01:02:03,123
We can't even work in the city
that I was born and raised in,
1105
01:02:03,123 --> 01:02:07,227
in the area not even half a mile away
where I grew up.
1106
01:02:07,227 --> 01:02:10,650
I don't like to bring race into things,
but it is what it is.
1107
01:02:11,899 --> 01:02:13,567
It's straight up and down racism.
1108
01:02:14,601 --> 01:02:16,670
You can't call it a horse
and it's a donkey.
1109
01:02:17,437 --> 01:02:20,174
You can't sell me water and it's sand.
1110
01:02:21,141 --> 01:02:22,676
It just doesn't work that way.
1111
01:02:22,676 --> 01:02:25,312
This city is not a small business place.
1112
01:02:26,346 --> 01:02:30,317
It's the laws of New Orleans
that are against small businesses.
1113
01:02:31,185 --> 01:02:34,955
It's not me or anyone else,
it's just how the city is set up.
1114
01:02:34,955 --> 01:02:39,040
You have to come here
with a lot of money to get started.
1115
01:02:39,860 --> 01:02:43,964
For average Joe like me, it's kind of...
You know what I mean?
1116
01:02:44,665 --> 01:02:48,902
If you see a business start here,
they showed up with millions of dollars.
1117
01:02:49,000 --> 01:02:53,330
They didn't show up with thousands,
not like Texas or Ohio or California,
1118
01:02:53,574 --> 01:02:56,476
where you could just put your money down
and start your business and get going.
1119
01:02:56,476 --> 01:02:58,512
Here, no, you got to pay
this person and that person.
1120
01:02:58,512 --> 01:02:59,040
It's so much.
1121
01:02:59,146 --> 01:03:00,914
I would love doing
my own food cart in the Quarter.
1122
01:03:00,914 --> 01:03:02,989
Being an American,
owning your own business
1123
01:03:02,989 --> 01:03:04,084
is a part of that dream.
1124
01:03:04,084 --> 01:03:06,787
That law needs to be changed
1125
01:03:06,787 --> 01:03:08,622
and it needs to be open to anybody
1126
01:03:08,622 --> 01:03:10,357
that want to do business
in the French Quarters.
1127
01:03:10,357 --> 01:03:13,160
Anybody, not just him, not just Lucky Dog.
1128
01:03:13,160 --> 01:03:15,560
I ain't saying let's take Lucky Dog out.
1129
01:03:15,560 --> 01:03:18,232
I'm saying open up open
a playing field up for everybody.
1130
01:03:18,765 --> 01:03:22,135
I want to take you back to an argument
that was made a couple of years in London
1131
01:03:22,233 --> 01:03:24,850
when young chefs
couldn't afford to buy restaurants.
1132
01:03:24,850 --> 01:03:28,147
What they did is
they bought old beat up bars,
1133
01:03:28,347 --> 01:03:30,332
and they souped out those kitchens
1134
01:03:30,332 --> 01:03:32,960
and that is how
the gastropub movement began.
1135
01:03:32,960 --> 01:03:35,210
Look at the taco truck movement.
1136
01:03:35,210 --> 01:03:38,919
It's not just tacos,
it is Korean barbecue, it is Indian food.
1137
01:03:39,386 --> 01:03:43,257
Why can't we have a renaissance
of food in the French Quarter
1138
01:03:43,257 --> 01:03:46,960
where some young, upcoming chef
who wants to go out on his own,
1139
01:03:47,194 --> 01:03:51,598
do something creative,
get a cart and start somewhere
1140
01:03:51,598 --> 01:03:53,054
and then build up from that.
1141
01:03:53,200 --> 01:03:54,635
Do you think it's fair
to the tourists?
1142
01:03:56,003 --> 01:03:59,573
Does it seem fair to both,
the citizens, the locals, or the tourists?
1143
01:03:59,840 --> 01:04:01,440
I really don't think it's fair.
1144
01:04:02,009 --> 01:04:07,948
I think that what would be fair
would be to empower
1145
01:04:07,948 --> 01:04:13,787
those people who have contributed
so significantly to the food, and culture,
1146
01:04:14,360 --> 01:04:19,370
and music, and everything else,
to be able to be entrepreneurs
1147
01:04:19,370 --> 01:04:24,760
and to be able to have the opportunity
to market and sell their goods
1148
01:04:24,760 --> 01:04:27,401
and their services as much as possible.
1149
01:04:28,502 --> 01:04:30,403
When we disallow that,
1150
01:04:30,403 --> 01:04:33,941
and we only permit certain folks
to have opportunity,
1151
01:04:34,408 --> 01:04:38,245
we have no idea
how much we are depriving
1152
01:04:38,245 --> 01:04:39,713
not just tourists.
1153
01:04:39,800 --> 01:04:44,130
Honestly, we're also depriving
the people of the state of Louisiana.
1154
01:04:44,130 --> 01:04:48,121
Imagine what it would be like
for a young person of color
1155
01:04:48,121 --> 01:04:51,158
to see a Diva Dog cart
in the French Quarter,
1156
01:04:51,158 --> 01:04:56,263
or to be able to see
the Empanada Lady,
1157
01:04:56,563 --> 01:04:59,700
some Hispanic culture
in the French Quarter.
1158
01:04:59,700 --> 01:05:04,338
In order to be something,
you have to see something.
1159
01:05:05,105 --> 01:05:08,308
When our children see
entrepreneurs of color,
1160
01:05:08,308 --> 01:05:11,678
they know that they can become
entrepreneurs themselves.
1161
01:05:11,678 --> 01:05:14,147
I never thought I'll be in the Quarter.
1162
01:05:15,148 --> 01:05:16,016
That's that's like, wow.
1163
01:05:16,016 --> 01:05:22,489
As a local, you think of the Quarter
as a big, fancy type restaurants.
1164
01:05:22,623 --> 01:05:24,157
My cuisine is like out in my kitchen.
1165
01:05:24,157 --> 01:05:27,890
If you were to come and eat,
it'll be like sitting at the table
1166
01:05:27,890 --> 01:05:29,320
with me because I'm from here.
1167
01:05:29,320 --> 01:05:31,086
I cook like my grandma
showing me how to cook
1168
01:05:31,086 --> 01:05:33,166
and how my mama, my aunties
showing me how to cook.
1169
01:05:33,166 --> 01:05:37,000
That would be pretty cool to have
something like that in the Quarter.
1170
01:05:37,000 --> 01:05:43,310
Were you aware that basically
no one from the city of New Orleans
1171
01:05:43,310 --> 01:05:47,481
or anywhere else
is allowed to have their food carts
1172
01:05:47,814 --> 01:05:49,783
inside of the French Quarter?
1173
01:05:49,960 --> 01:05:52,400
Is that maybe why you probably
never thought about it?
1174
01:05:54,154 --> 01:05:56,160
- Were you even aware of it?
- It seems impossible.
1175
01:05:56,523 --> 01:06:02,462
I wasn't aware, but it seems impossible
for the local person
1176
01:06:02,462 --> 01:06:03,630
climbing up the ladder themself
1177
01:06:03,630 --> 01:06:06,834
with cooking from this, that,
to actually make it there.
1178
01:06:07,634 --> 01:06:11,200
I wouldn't even
know how to get in there
1179
01:06:11,200 --> 01:06:14,508
and I'm from here,
raised here, live here, play here,
1180
01:06:14,975 --> 01:06:19,680
and the Quarter just seems
like it's impossible for me.
1181
01:06:19,680 --> 01:06:24,280
Being able to have a small cart and start,
you're able to get your food out there,
1182
01:06:24,280 --> 01:06:27,821
make money, save, and build on from that.
1183
01:06:28,455 --> 01:06:32,626
But without that,
you're just pissing in the wind.
1184
01:06:34,520 --> 01:06:35,560
There you have it.
1185
01:06:35,560 --> 01:06:38,298
I didn't know all
of that was going on.
1186
01:06:38,699 --> 01:06:44,505
Real facts, having to sell the food
outside on the side to do the thing,
1187
01:06:44,505 --> 01:06:48,242
but if you could go to city hall,
pay what you're supposed to pay
1188
01:06:48,242 --> 01:06:53,013
and be proud to roll out
and make an honest day's living,
1189
01:06:53,560 --> 01:06:55,730
that'd be really, really, really awesome.
1190
01:06:55,730 --> 01:06:59,421
I think that if we were to open up
the French Quarter
1191
01:06:59,620 --> 01:07:03,190
in a way that would be very welcoming
to small businesses,
1192
01:07:03,190 --> 01:07:06,093
especially locally-owned small businesses,
1193
01:07:06,200 --> 01:07:09,880
you're talking about not just a way
for some people to make some money,
1194
01:07:09,880 --> 01:07:11,698
but you're giving people some hope.
1195
01:07:12,360 --> 01:07:16,130
A kid who's growing up a few blocks away
from the French Quarter
1196
01:07:16,130 --> 01:07:18,440
in one of those communities
where there isn't a lot of opportunity,
1197
01:07:18,440 --> 01:07:19,640
there isn't a lot of hope,
1198
01:07:19,640 --> 01:07:21,542
who can now walk six blocks
1199
01:07:21,542 --> 01:07:23,810
and see somebody
who's operating a business
1200
01:07:23,810 --> 01:07:25,546
who looks just like him or her,
1201
01:07:25,546 --> 01:07:29,930
I think that does more than just
create some financial opportunity.
1202
01:07:30,184 --> 01:07:32,219
It creates a sense of hope.
1203
01:07:33,487 --> 01:07:35,455
It's amazing how important that can be.
1204
01:07:35,822 --> 01:07:36,657
I agree.
1205
01:07:37,191 --> 01:07:40,360
I'm Chef Denisha,
owner of the Da Real Big Ezy Food Truck
1206
01:07:40,360 --> 01:07:42,010
here in New Orleans, Louisiana.
1207
01:07:42,010 --> 01:07:45,090
Been cooking
for about 15 years professionally.
1208
01:07:45,090 --> 01:07:47,668
Have you tried to have
a business in the Quarter?
1209
01:07:47,668 --> 01:07:50,470
Yeah, we tried to go to city hall,
but we can't-
1210
01:07:51,071 --> 01:07:52,372
Pretty much you're stopped at the gate.
1211
01:07:52,600 --> 01:07:53,880
- What do they say?
- You can't.
1212
01:07:53,880 --> 01:07:56,360
You can't do it.
The first squad doesn't want us.
1213
01:07:56,360 --> 01:07:58,712
- At least give us a fight and chance.
- Correct.
1214
01:07:58,712 --> 01:08:00,414
Not taking the bacon from anyone else,
1215
01:08:00,414 --> 01:08:02,749
but give us a shot
to be in the ball game.
1216
01:08:02,883 --> 01:08:03,917
- You know?
- Understood.
1217
01:08:03,917 --> 01:08:08,889
It's 2022, and we shouldn't still
be fighting to be in the ball game.
1218
01:08:08,889 --> 01:08:11,825
This story has a medieval quality to it.
1219
01:08:12,000 --> 01:08:15,210
The French Quarter
represents the king's castle.
1220
01:08:15,210 --> 01:08:19,166
The residents of New Orleans
are the servs that border the castle.
1221
01:08:19,499 --> 01:08:23,270
The ordinance is the molt
that surrounds the castle.
1222
01:08:24,071 --> 01:08:26,273
The draw bridge needs to be lowered.
1223
01:08:34,181 --> 01:08:37,017
There's primarily two ways
to get this ordinance changed.
1224
01:08:37,017 --> 01:08:40,187
One is to get another case
in front of the Supreme Court
1225
01:08:41,088 --> 01:08:43,423
by having another vendor
challenge this ordinance,
1226
01:08:43,423 --> 01:08:47,534
but that could take years
and it's very costly.
1227
01:08:47,628 --> 01:08:49,530
And the Supreme Court
could decline to hear it.
1228
01:08:49,530 --> 01:08:52,199
They had discretion over
which cases they want to hear.
1229
01:08:52,199 --> 01:08:54,635
The other option is to have
the city council change it.
1230
01:08:55,560 --> 01:08:59,360
The city council of New Orleans
can come in and amend their ordinance,
1231
01:08:59,360 --> 01:09:00,960
and they can allow other vendors.
1232
01:09:00,960 --> 01:09:02,988
All they have to do is write a new law.
1233
01:09:03,377 --> 01:09:06,346
The city council could meet tomorrow
and say, "We don't like this.
1234
01:09:06,346 --> 01:09:10,120
This didn't work out for us
and it's wrong if you want."
1235
01:09:10,120 --> 01:09:12,534
Or they can just simply
repeal what's there.
1236
01:09:12,534 --> 01:09:15,392
It's important for people
to be vigilant as to who they elect
1237
01:09:15,889 --> 01:09:18,134
and what they're doing
and having some transparency.
1238
01:09:18,325 --> 01:09:20,194
This ordinance could be changed.
1239
01:09:20,360 --> 01:09:22,920
It doesn't have to be taken
all the way to the Supreme Court.
1240
01:09:22,920 --> 01:09:25,732
It literally just would have
to go through the city council.
1241
01:09:26,099 --> 01:09:28,068
Maybe what words of advice,
1242
01:09:30,604 --> 01:09:32,873
or just anything you'd like to share?
1243
01:09:34,708 --> 01:09:37,044
I would ask the city council
that's in place.
1244
01:09:37,477 --> 01:09:42,115
It's a new city council
that's making immediate changes
1245
01:09:42,282 --> 01:09:45,452
and I would ask them that they
open the doors for these local vendors
1246
01:09:46,186 --> 01:09:49,857
to have the carts to be able to vend food,
1247
01:09:50,357 --> 01:09:52,426
and not just have a monopoly
1248
01:09:52,893 --> 01:09:55,629
where only the Lucky Dog guys
could sell their foods
1249
01:09:55,629 --> 01:09:58,799
and let some locals get in,
so they could get a foot in the door
1250
01:09:58,799 --> 01:10:00,600
and then they could build
into brick and mortar.
1251
01:10:00,600 --> 01:10:04,404
This ordinance which now, I believe
it's its 50th year anniversary
1252
01:10:04,404 --> 01:10:05,839
of the decision this year,
1253
01:10:05,839 --> 01:10:08,175
has not in any way, shape, or form
1254
01:10:08,175 --> 01:10:12,079
hindered small businessmen
in the French Quarter.
1255
01:10:12,560 --> 01:10:15,890
It has stopped street vendors.
That's for sure.
1256
01:10:15,890 --> 01:10:18,409
But the city and their wisdom
didn't want that,
1257
01:10:18,409 --> 01:10:20,520
and still obviously don't want that.
1258
01:10:20,520 --> 01:10:24,458
They expanded it
and the Supreme Court affirmed it.
1259
01:10:25,826 --> 01:10:28,061
There's two sides
to every story, I'm sure.
1260
01:10:28,729 --> 01:10:31,932
But there's no right to economic equality.
1261
01:10:32,076 --> 01:10:34,568
There's no right to economic equality.
1262
01:10:34,716 --> 01:10:37,204
There's no right to economic equality.
1263
01:10:37,204 --> 01:10:40,374
There's no right to economic equality?
1264
01:10:40,807 --> 01:10:42,910
How's that square with the American dream?
1265
01:10:42,910 --> 01:10:45,245
Everyone having an equal chance,
1266
01:10:45,445 --> 01:10:47,648
at least that's
what we thought to be deemed.
1267
01:10:47,648 --> 01:10:49,750
Do you feel like it's fair
that the
1268
01:10:49,750 --> 01:10:51,552
that don't live in the city
are able to profit
1269
01:10:51,552 --> 01:10:53,694
while the people
and the locals here aren't?
1270
01:10:53,921 --> 01:10:57,479
The reason why people
form family businesses
1271
01:10:57,624 --> 01:10:59,393
is so that they're children
1272
01:10:59,393 --> 01:11:01,628
and future generations
can profit from it.
1273
01:11:01,628 --> 01:11:03,897
If they are willing to do the work
1274
01:11:03,897 --> 01:11:05,699
and they're willing
to maintain the business,
1275
01:11:06,800 --> 01:11:07,835
that's what happens.
1276
01:11:09,036 --> 01:11:14,408
I think the harmful part
about this law was essentially
1277
01:11:14,408 --> 01:11:16,243
the ordinance being passed to begin with.
1278
01:11:16,243 --> 01:11:20,614
Because I want to say
if this ordinance is overturned
1279
01:11:20,614 --> 01:11:22,416
and repealed, which I hope it will be,
1280
01:11:22,920 --> 01:11:29,040
I hope there will be many,
many, many other people, diverse people
1281
01:11:29,040 --> 01:11:33,640
who have the opportunity
to have businesses that are able to sell
1282
01:11:33,640 --> 01:11:35,295
in the Quarter and in other places.
1283
01:11:35,729 --> 01:11:40,367
I am particularly hopeful
that those individuals have children
1284
01:11:40,801 --> 01:11:45,906
and partners and spouses that will
benefit greatly from what they are doing.
1285
01:11:46,607 --> 01:11:50,477
There's no knock from me
on building wealth in your family
1286
01:11:50,477 --> 01:11:53,900
and having a family business
and ensuring that that business
1287
01:11:53,900 --> 01:11:56,116
can continue to take care
of future generations.
1288
01:11:56,116 --> 01:11:58,385
The knock is, the rub is
1289
01:11:58,752 --> 01:12:02,720
you shouldn't do that by excluding
everybody else from participating.
1290
01:12:02,823 --> 01:12:05,720
If the city were to suddenly decide
they were going to do the right thing
1291
01:12:05,720 --> 01:12:06,793
and reverse the ordinance,
1292
01:12:06,930 --> 01:12:08,400
my mother would
have loved to have heard that,
1293
01:12:08,400 --> 01:12:10,831
but she passed away,
so it's a little too late for her.
1294
01:12:10,831 --> 01:12:14,254
The Supreme Court ruling
created a monopoly.
1295
01:12:14,254 --> 01:12:16,603
At the end of the day,
when you read the opinion
1296
01:12:16,603 --> 01:12:18,071
and you look at the ordinance
1297
01:12:18,172 --> 01:12:21,341
and all these decades later,
it created a monopoly
1298
01:12:21,341 --> 01:12:23,310
and it's time that that changed.
1299
01:12:23,310 --> 01:12:25,445
If they tinker with it
and want to change it
1300
01:12:25,445 --> 01:12:27,281
in any material way,
1301
01:12:27,281 --> 01:12:29,014
it's going to hurt the French Quarter.
1302
01:12:29,014 --> 01:12:29,680
Who knows?
1303
01:12:29,680 --> 01:12:32,586
We reverse the ordinance
and all of a sudden you get
1304
01:12:34,288 --> 01:12:36,590
a couple of people operating food carts
in the French Quarter,
1305
01:12:36,590 --> 01:12:39,880
and maybe one of them
is the next Emeril Lagasse.
1306
01:12:39,880 --> 01:12:43,797
The city of New Orleans has progressed
tremendously in the last 50 years
1307
01:12:43,797 --> 01:12:48,001
as have all southern states
and the entire nation.
1308
01:12:48,368 --> 01:12:50,370
The city council as it is today
1309
01:12:50,637 --> 01:12:54,441
is a diverse council of men, women,
people of all races
1310
01:12:54,441 --> 01:12:56,610
representing the city of New Orleans.
1311
01:12:57,277 --> 01:12:59,913
The vendor should
be represented in an equal way.
1312
01:12:59,913 --> 01:13:04,218
They should have that same opportunity
no matter their race,
1313
01:13:04,218 --> 01:13:07,034
no matter their religion,
no matter their background,
1314
01:13:07,234 --> 01:13:09,272
they show have
the same opportunity to operate
1315
01:13:09,590 --> 01:13:12,359
in a vocal way
if they want to sell a hot dog.
1316
01:13:12,593 --> 01:13:14,695
It's time that the city council
changed it.
1317
01:13:14,695 --> 01:13:19,494
I am a big believer
in free competition in the free market.
1318
01:13:19,494 --> 01:13:21,330
I think it makes things better.
1319
01:13:21,330 --> 01:13:26,080
I don't think that ordinance
really has even had the effect
1320
01:13:26,080 --> 01:13:28,308
that you can see on paper they intended.
1321
01:13:28,742 --> 01:13:31,879
I think allowing other vendors would be
great for the economy,
1322
01:13:31,879 --> 01:13:34,381
I think it'd be good for the culture
and the history of the French Quarter.
1323
01:13:34,381 --> 01:13:37,751
If this is ever reversed
and we go back to what it was before,
1324
01:13:38,185 --> 01:13:43,423
and this is the case, it would be terrible
for the Quarter, for the CBD,
1325
01:13:43,924 --> 01:13:45,659
it would hurt our economy,
1326
01:13:45,859 --> 01:13:50,564
it would be a lot of turmoil
with the residents and with the tourists.
1327
01:13:50,564 --> 01:13:53,467
There are many people
who are touched by this ordinance.
1328
01:13:53,901 --> 01:13:59,206
There are many individuals
who we believe would be empowered greatly
1329
01:13:59,206 --> 01:14:03,010
if they had the opportunity
to compete just like everybody else.
1330
01:14:03,477 --> 01:14:05,779
We're not necessarily
asking for a handout,
1331
01:14:05,779 --> 01:14:09,183
not asking for unfair advantage,
nothing like that.
1332
01:14:09,616 --> 01:14:12,886
Literally just the opportunity
to be present
1333
01:14:12,886 --> 01:14:16,054
and to be permitted
to participate fairly and equally.
1334
01:14:16,156 --> 01:14:18,926
Haven't we changed some
of the names of the schools?
1335
01:14:18,926 --> 01:14:21,028
Haven't we changed some
of the names of the streets?
1336
01:14:21,828 --> 01:14:25,032
Now we need to change some of these laws.
You know what I mean?
1337
01:14:25,032 --> 01:14:28,160
That's holding businesses back
that made sense.
1338
01:14:28,160 --> 01:14:30,731
I'm looking right at you,
so if you see this,
1339
01:14:30,731 --> 01:14:32,334
you know I'm talking than you.
1340
01:14:32,334 --> 01:14:34,560
Don't act like you didn't hear
what I just said.
1341
01:14:34,560 --> 01:14:38,345
I'm saying the exact same way
I'll say if I wasn't on camera,
1342
01:14:38,345 --> 01:14:40,848
I'll tell you the same way,
and I'll come to city hall
1343
01:14:40,848 --> 01:14:42,850
and I'll tell you the exact same way.
1344
01:14:42,850 --> 01:14:43,574
You're wrong.
1345
01:14:43,574 --> 01:14:47,054
Open up the door, open up the gate,
and open up these contracts,
1346
01:14:47,054 --> 01:14:49,256
DBD and everything,
and all these other kind of stuff.
1347
01:14:49,256 --> 01:14:52,593
Stop letting these white boys
pull the primary contract
1348
01:14:52,593 --> 01:14:55,229
and open it up so black
and African American
1349
01:14:55,229 --> 01:14:58,532
or other races or ethnicities
can have the same opportunity
1350
01:14:58,532 --> 01:14:59,867
white boys have been having forever.
1351
01:14:59,867 --> 01:15:01,268
I ain't scared to save me.
1352
01:15:01,268 --> 01:15:03,337
I'm from the hood, so what's up?
1353
01:15:12,346 --> 01:15:16,274
Curiously, our Dirty Dogs production team
was having problems
1354
01:15:16,274 --> 01:15:18,619
connecting with the
New Orleans City Council.
1355
01:15:19,086 --> 01:15:22,022
Our numerous interview request
went unanswered.
1356
01:15:22,523 --> 01:15:23,824
Why was that?
1357
01:15:24,291 --> 01:15:29,429
It is said New Orleans politics
can move slower than cold molasses,
1358
01:15:29,730 --> 01:15:33,133
but molasses may take exception
to that statement.
1359
01:15:34,160 --> 01:15:38,560
Fortunately, interested community leaders
and vendors turn to the media
1360
01:15:38,560 --> 01:15:40,240
to bring attention to the issue.
1361
01:15:40,680 --> 01:15:43,440
City famous for delicious food
and unique flavors
1362
01:15:43,440 --> 01:15:47,414
some might be surprised to find out
only one street vendor, food vendor
1363
01:15:47,414 --> 01:15:48,810
is allowed in the French Quarter.
1364
01:15:48,810 --> 01:15:52,853
A decades-old decision paved the way
for a monopoly of sorts,
1365
01:15:52,853 --> 01:15:55,721
and local food vendors
say the rule shuts them out
1366
01:15:55,721 --> 01:15:58,125
of the city's
most lucrative tourist areas
1367
01:15:58,125 --> 01:16:02,050
stifling their ability to grow
and severely limiting options
1368
01:16:02,050 --> 01:16:03,650
for hungry visitors.
1369
01:16:03,650 --> 01:16:06,834
Here's our new investigation,
Starving The Competition.
1370
01:16:07,501 --> 01:16:10,771
Louisiana's top investigative
television journalists,
1371
01:16:10,771 --> 01:16:14,474
Lee Zurik, saw the injustice
to this ordinance,
1372
01:16:15,042 --> 01:16:17,811
so he produced a series
of reports about it,
1373
01:16:18,278 --> 01:16:21,682
and city council members
could not ignore him.
1374
01:16:22,120 --> 01:16:27,160
A city ordinance from the 1970s
allows only one company, Lucky Dogs,
1375
01:16:27,160 --> 01:16:30,530
to sell food on the streets
and sidewalks of the Quarter.
1376
01:16:30,530 --> 01:16:35,162
I would love to see more
people have the opportunity
1377
01:16:35,162 --> 01:16:39,633
to have a business and make a living
selling food in the French Quarter.
1378
01:16:40,100 --> 01:16:43,504
Thanks to Zurik's series,
council member, Freddie King,
1379
01:16:43,504 --> 01:16:45,606
whose district includes
the French Quarter,
1380
01:16:46,073 --> 01:16:48,334
finally agreed to sit down with us.
1381
01:16:48,334 --> 01:16:53,714
You're on record saying that you want
to be a change agent to the ordinance.
1382
01:16:54,515 --> 01:16:57,050
What did you mean specifically by that?
1383
01:16:57,050 --> 01:17:04,091
I would like to see more companies
given the ability to operate,
1384
01:17:04,091 --> 01:17:05,292
push carts in the French court.
1385
01:17:05,859 --> 01:17:07,861
Do you think or feel
that the ordinance is fair?
1386
01:17:08,996 --> 01:17:11,031
I think it needs to be revisited.
1387
01:17:11,532 --> 01:17:16,934
It's not fair to those who are not able
to operate legal businesses
1388
01:17:16,934 --> 01:17:17,880
in the French Quarter.
1389
01:17:17,880 --> 01:17:22,410
I look at it as the ordinance
not allowing residents of this city
1390
01:17:22,410 --> 01:17:26,647
the ability to make money in the city
that they live in, that they work in,
1391
01:17:27,214 --> 01:17:28,160
and that they love.
1392
01:17:28,282 --> 01:17:31,084
I just want to see more people
with the opportunity
1393
01:17:31,318 --> 01:17:35,656
not necessarily work for somebody,
but to own their own business.
1394
01:17:35,656 --> 01:17:39,291
We need to empower those people
to have their own business
1395
01:17:39,426 --> 01:17:41,261
and maybe they can pass down
1396
01:17:41,895 --> 01:17:45,666
their company to their kids,
and to their families.
1397
01:17:46,160 --> 01:17:47,890
- Generational Wealth.
- Exactly.
1398
01:17:47,890 --> 01:17:53,373
I know the talent that we have in the city
with chefs and cooks.
1399
01:17:53,373 --> 01:17:55,609
I definitely want to see
more people with that opportunity
1400
01:17:55,609 --> 01:17:57,511
to maybe start off as a push cart
1401
01:17:58,178 --> 01:18:01,148
on a corner in the French Quarter,
now they have their own brick-and-mortar
1402
01:18:01,960 --> 01:18:03,080
in the wider country.
1403
01:18:03,080 --> 01:18:08,322
I think giving them the opportunity
in the French Quarter
1404
01:18:08,655 --> 01:18:10,858
would be a good start.
1405
01:18:10,858 --> 01:18:13,927
Reversing the ordinance
would be a win-win for the city.
1406
01:18:14,261 --> 01:18:17,164
Not only would
some local small businesses benefit,
1407
01:18:17,164 --> 01:18:20,934
but it would be
a financial boon to the city.
1408
01:18:20,934 --> 01:18:25,530
License fees and taxes would be a great
1409
01:18:25,530 --> 01:18:28,642
Does that have an appeal
to the city council?
1410
01:18:28,642 --> 01:18:29,910
It has some appeal.
1411
01:18:29,910 --> 01:18:34,090
I don't want to make it seem like we want
to just drain people with taxes,
1412
01:18:34,090 --> 01:18:40,187
but if we could some kind of way
use those extra fees and taxes
1413
01:18:40,287 --> 01:18:41,755
to improve the French Quarter,
1414
01:18:41,755 --> 01:18:44,691
to help improve
the safety of our community,
1415
01:18:45,225 --> 01:18:49,363
French Quarter and beyond,
I think that'd definitely be a win
1416
01:18:49,363 --> 01:18:50,297
for everybody in the city.
1417
01:18:50,297 --> 01:18:51,198
Not just the Quarter,
1418
01:18:51,198 --> 01:18:54,101
but those living
in other parts of districts,
1419
01:18:54,101 --> 01:18:58,280
and now other parts of the city,
in the east and mid-city and uptown.
1420
01:18:59,006 --> 01:19:01,774
We can take those monies
and make sure it goes to the right place
1421
01:19:02,009 --> 01:19:03,143
and that definitely sounds good.
1422
01:19:03,143 --> 01:19:05,480
It's an appealing factor to me.
1423
01:19:05,480 --> 01:19:08,081
I read the case law.
1424
01:19:08,582 --> 01:19:12,152
I talked to some
of the individuals involved
1425
01:19:12,352 --> 01:19:16,523
so I can get a better idea
of what's put before me.
1426
01:19:16,523 --> 01:19:18,192
It's a big deal.
1427
01:19:18,192 --> 01:19:21,570
I don't want to just rush into it,
so I took the time to study it myself.
1428
01:19:21,570 --> 01:19:25,399
I also talked to homeowners
in the French Quarter,
1429
01:19:25,899 --> 01:19:30,337
I talked to business owners
in the French Quarter,
1430
01:19:30,737 --> 01:19:34,107
and business owners outside
the French Quarter who like to be
1431
01:19:34,274 --> 01:19:36,677
a part of the additional carts,
1432
01:19:36,844 --> 01:19:41,114
just to get a good idea of how we can
possibly make this happen moving forward.
1433
01:19:41,320 --> 01:19:44,614
I'm not shying away from the ordinance
that needs to be changed
1434
01:19:44,614 --> 01:19:45,800
to be that change agent.
1435
01:19:45,800 --> 01:19:47,000
I'm not shying away from that.
1436
01:19:47,321 --> 01:19:52,526
I would like to see more vendors
in the Quarter.
1437
01:19:52,926 --> 01:19:55,829
I'm only speaking for one out of seven.
1438
01:19:56,396 --> 01:19:59,867
Let me first talk to the six.
1439
01:20:00,334 --> 01:20:01,802
Let's just talk about it individually
1440
01:20:02,269 --> 01:20:05,572
and we'll get it changed.
1441
01:20:11,240 --> 01:20:15,126
By late August, after meeting
with various local leaders,
1442
01:20:15,126 --> 01:20:17,484
council member King
brings up the ordinance
1443
01:20:17,484 --> 01:20:20,240
in the city council
community development meeting.
1444
01:20:20,420 --> 01:20:23,857
We're going to jump
to item number 6(1) discussion
1445
01:20:23,857 --> 01:20:27,528
regarding mobile pushcart food vending
1446
01:20:29,129 --> 01:20:31,198
in the city,
specifically in the French Quarter.
1447
01:20:31,565 --> 01:20:36,170
For the first time, council members
start talking about the ordinance.
1448
01:20:36,480 --> 01:20:40,720
No one else can get in there
and have a shot.
1449
01:20:40,974 --> 01:20:43,877
It's just appalling
that we just would allow that.
1450
01:20:44,344 --> 01:20:48,415
It makes you wonder how long
these little games have been played
1451
01:20:48,415 --> 01:20:50,617
and how have we not
caught on with them sooner.
1452
01:20:50,984 --> 01:20:52,920
I do agree that there needs
to be paying to the Quarter
1453
01:20:53,020 --> 01:20:54,917
on hot dogs and street vending
1454
01:20:55,155 --> 01:20:58,091
pursuant to what Aaron said
and what Councilman King said
1455
01:20:58,091 --> 01:21:01,328
that obviously, there're some constraints
with how we use the carts,
1456
01:21:01,328 --> 01:21:05,599
open flames, the like, but ice cream carts
should be in the Quarter as well.
1457
01:21:05,599 --> 01:21:08,160
We already have apparently
a permitting process for it.
1458
01:21:08,160 --> 01:21:12,248
We need to expand
the feasibility where you are
1459
01:21:12,248 --> 01:21:15,642
because I don't know why we don't
have more cards available
1460
01:21:15,642 --> 01:21:20,113
in the CBD and around the Superdome
where the demand is there,
1461
01:21:20,113 --> 01:21:21,849
it's just not being utilized.
1462
01:21:23,217 --> 01:21:26,486
It also created
more awareness on social media.
1463
01:21:39,633 --> 01:21:43,403
Sixty-six by council member king,
an ordinance to amend
1464
01:21:43,403 --> 01:21:47,207
and reordain sections 110-212,
1465
01:21:47,207 --> 01:21:51,778
110-215 of the code of the city
of New Orleans to permit
1466
01:21:51,778 --> 01:21:57,518
certain mobile food pushcart,
and animal drawn food vendors
1467
01:21:57,518 --> 01:22:02,410
to operate in non-residential zoning
districts of the Bucharest and otherwise
1468
01:22:02,410 --> 01:22:04,250
to provide with respect thereto.
1469
01:22:04,250 --> 01:22:07,880
For the first time in over 50 years,
there would no longer be a monopoly
1470
01:22:07,880 --> 01:22:09,663
of vending in the French Quarter.
1471
01:22:10,631 --> 01:22:13,600
This vote today will allow
for five new businesses
1472
01:22:13,700 --> 01:22:15,602
to start vending in the French Quarter.
1473
01:22:16,403 --> 01:22:17,471
We won't stop here.
1474
01:22:17,471 --> 01:22:20,040
At the next council meeting
there will be a vote to allow
1475
01:22:20,040 --> 01:22:25,479
for an additional 14 businesses to start
legally vending in the French Quarter.
1476
01:22:25,880 --> 01:22:29,720
These vendors are currently adding value
to the areas in New Orleans,
1477
01:22:29,720 --> 01:22:31,435
in which they can vend.
1478
01:22:31,435 --> 01:22:34,981
They have invested tirelessly
in their businesses
1479
01:22:34,981 --> 01:22:37,457
and are inspected by the health department
1480
01:22:37,457 --> 01:22:42,129
and have been through hell
and high water to obtain their permits.
1481
01:22:42,529 --> 01:22:44,531
These vendors are visible models
1482
01:22:44,531 --> 01:22:47,234
of all things great
about the pushcart model,
1483
01:22:47,234 --> 01:22:53,841
a small footprint, easily movable,
added essence without building up or out.
1484
01:22:53,960 --> 01:22:57,770
They are a perfect example
of legal vending opportunities
1485
01:22:57,770 --> 01:22:59,120
in the city of New Orleans.
1486
01:22:59,120 --> 01:23:03,850
We are here today because
they are an example of engaged
1487
01:23:03,850 --> 01:23:08,121
and empowered business owners
working diligently to get it right.
1488
01:23:08,121 --> 01:23:13,694
Thank you, brother King,
or Councilman King, I'm sorry,
1489
01:23:14,194 --> 01:23:15,295
for bringing this
1490
01:23:18,465 --> 01:23:22,369
long overdue change to the Quarter.
1491
01:23:22,520 --> 01:23:23,600
Thank you very much.
1492
01:23:23,600 --> 01:23:28,830
We need to open
that economic opportunity to everyone
1493
01:23:29,042 --> 01:23:35,315
and get away from this seemingly monopoly
that Lucky Dog had.
1494
01:23:37,117 --> 01:23:39,680
As an economist,
somebody who majored in economics,
1495
01:23:39,680 --> 01:23:42,330
I will tell you, monopoly stifles.
1496
01:23:42,330 --> 01:23:43,724
In this particular instance,
1497
01:23:43,724 --> 01:23:49,080
I think that we're going to see
a great change in the way
1498
01:23:49,080 --> 01:23:53,240
some of the vending looks down there
in the French Quarter.
1499
01:23:53,240 --> 01:23:55,435
But the main thing I want
to say is, thank you
1500
01:23:55,435 --> 01:23:57,704
for your cool and your calm character
1501
01:23:57,704 --> 01:24:02,009
taking on a very challenging
responsibility here.
1502
01:24:02,009 --> 01:24:05,045
I just want to thank you
and your staff for your work.
1503
01:24:05,245 --> 01:24:07,814
I think that everyone
who has any trepidation
1504
01:24:07,814 --> 01:24:10,384
needs to know that at the end of the day,
1505
01:24:10,684 --> 01:24:13,120
the additional vendors
are going to be great
1506
01:24:13,120 --> 01:24:14,588
for our city of New Orleans,
1507
01:24:14,588 --> 01:24:16,723
and I'm looking forward
to seeing them in action.
1508
01:24:16,723 --> 01:24:19,726
I also want to thank you, thank publicly
1509
01:24:20,427 --> 01:24:22,480
my staff that's worked tirelessly on this.
1510
01:24:22,480 --> 01:24:25,880
Mainly, Mr. Charles Toney,
and Will Winston Fiore.
1511
01:24:26,066 --> 01:24:28,035
By this time let the motion to adopt
1512
01:24:29,770 --> 01:24:31,605
seconded by Councilman Moreno?
1513
01:24:32,239 --> 01:24:33,173
That's right.
1514
01:24:37,344 --> 01:24:39,079
Five yeas and no nays,
the motion is adopted.
1515
01:24:39,079 --> 01:24:39,847
Thank you.
1516
01:24:53,961 --> 01:24:56,063
- Chef Scott.
- What's up, baby?
1517
01:24:56,063 --> 01:24:58,732
How are you feeling
about what just took place in there?
1518
01:24:59,066 --> 01:25:00,067
I'm feeling good.
1519
01:25:00,801 --> 01:25:02,736
It's a win for the city,
it's a win for small vendors,
1520
01:25:02,736 --> 01:25:06,507
it's a win small businesses,
and it's a win for change.
1521
01:25:07,107 --> 01:25:08,642
We needed this change.
1522
01:25:09,076 --> 01:25:12,746
We had this thing changed
that has been in the last 50 years.
1523
01:25:13,614 --> 01:25:16,550
We're pushing, we got to continue
to push for more change.
1524
01:25:16,550 --> 01:25:18,280
It's not over.
It's just the tip of the iceberg.
1525
01:25:18,280 --> 01:25:19,353
It's just the beginning.
1526
01:25:20,120 --> 01:25:21,154
It's a new day.
1527
01:25:21,555 --> 01:25:23,257
It's been a long time coming.
1528
01:25:24,258 --> 01:25:28,795
We'd like to thank father King,
Councilman King.
1529
01:25:32,499 --> 01:25:34,835
Let the people know
what just happened in there in that court?
1530
01:25:35,002 --> 01:25:36,370
History was made.
1531
01:25:36,470 --> 01:25:39,563
They're going to let us be able
to vend in the Quarters
1532
01:25:39,563 --> 01:25:41,808
to break up that monopoly
Lucky Dogs has.
1533
01:25:42,440 --> 01:25:45,880
Mainly excited for the people
who have weather the storm
1534
01:25:45,880 --> 01:25:50,440
and have existed already
with such a confinement on their business.
1535
01:25:50,440 --> 01:25:55,014
We are now allowed in the Quarter,
which is amazing, but now over the city,
1536
01:25:55,014 --> 01:25:56,757
except for the French Quarter
and now we're allowed in.
1537
01:25:57,240 --> 01:26:00,650
Honestly, after 50 years of there being
a monopoly in the French Quarter,
1538
01:26:00,761 --> 01:26:03,654
we had something really awesome
happening today, allowing five vendors.
1539
01:26:03,764 --> 01:26:06,900
Everybody should have an opportunity.
We're all here for everybody to win.
1540
01:26:06,900 --> 01:26:09,469
Not just for me,
not just for the five people,
1541
01:26:09,636 --> 01:26:11,038
for everybody to win.
1542
01:26:11,280 --> 01:26:13,600
It's a new day in New Orleans.
1543
01:26:14,308 --> 01:26:16,343
Let's continue
to push New Orleans forward.
1544
01:26:16,343 --> 01:26:18,745
I run Egyptian food company,
it's Andrea.
1545
01:26:19,713 --> 01:26:22,115
I came up working in restaurants
since I was seven years old,
1546
01:26:22,115 --> 01:26:23,984
1st generation Egyptian-American.
1547
01:26:24,918 --> 01:26:28,488
I feel like food and flavors,
especially here in New Orleans
1548
01:26:28,488 --> 01:26:30,520
are so much of a conversation piece.
1549
01:26:30,520 --> 01:26:33,690
It's an art form that it's not one-sided.
1550
01:26:34,695 --> 01:26:38,065
It's integral to not only survival,
but it tells a story.
1551
01:26:38,065 --> 01:26:42,035
I feel like everybody being able
to showcase their story without it
1552
01:26:42,035 --> 01:26:45,672
just being another hot dog
that is faceless.
1553
01:26:45,800 --> 01:26:48,179
It was a team effort
1554
01:26:48,379 --> 01:26:52,936
because without the media picking it up,
1555
01:26:52,936 --> 01:26:54,248
we didn't have no fight.
1556
01:26:55,115 --> 01:26:58,752
I would like to thank all the media
that had a part of deal with it:
1557
01:26:58,752 --> 01:27:01,608
Dirty Dogs The Movie, Lee Zurik,
1558
01:27:02,122 --> 01:27:03,720
Chef Scott was the spot.
1559
01:27:03,720 --> 01:27:08,570
For these things to be reversed,
it will just continue to grow on,
1560
01:27:08,570 --> 01:27:11,431
literally, and technically,
an international scale
1561
01:27:11,431 --> 01:27:13,166
because everyone knows
that the French Quarter
1562
01:27:13,166 --> 01:27:17,938
is the number 1 most economic place
in New Orleans for businesses
1563
01:27:17,938 --> 01:27:23,243
and for so many more people
to be able to bring their world
1564
01:27:23,243 --> 01:27:27,614
and their talent and obviously, their food
to the French Quarter
1565
01:27:27,614 --> 01:27:32,619
and not just be kept on the outskirts
is a great thing.
1566
01:27:33,020 --> 01:27:34,988
I can't wait to see
what the new year looks like
1567
01:27:34,988 --> 01:27:39,359
and how much more diversity
we get in the Quarter
1568
01:27:39,359 --> 01:27:43,630
other than just a hot dog stand
outside of some bars.
1569
01:27:43,931 --> 01:27:48,235
I think New Orleans is too rich
from a culinary standpoint
1570
01:27:48,235 --> 01:27:49,670
for that to be the reality
1571
01:27:49,800 --> 01:27:53,800
That is a nice, old quaint
brand that we have,
1572
01:27:53,800 --> 01:27:57,044
so it really fits in with the style
of the Quarter.
1573
01:27:57,511 --> 01:27:59,746
This city has so many people
that come to the French Quarter
1574
01:27:59,746 --> 01:28:01,348
and a lot of them
don't leave the French Quarter.
1575
01:28:02,416 --> 01:28:04,718
They don't get to have all this great food
1576
01:28:04,718 --> 01:28:06,787
because they're literally
shut out from it.
1577
01:28:06,920 --> 01:28:08,856
I'm really excited
for people coming to the city
1578
01:28:08,856 --> 01:28:12,025
to be able to really see the diverse,
awesome flavors
1579
01:28:12,025 --> 01:28:13,660
that the city has to provide.
1580
01:28:13,894 --> 01:28:15,629
I look forward to getting my permit.
1581
01:28:16,029 --> 01:28:17,564
I see y'all in the Quarter.
1582
01:28:24,905 --> 01:28:28,542
During the city council's
December 1st meeting of 2023,
1583
01:28:28,909 --> 01:28:30,110
council member King
1584
01:28:30,110 --> 01:28:34,915
introduces a motion adding another
14 pushcart vendors to the Quarter.
1585
01:28:35,315 --> 01:28:38,285
The main thing
I want everyone to understand
1586
01:28:39,219 --> 01:28:42,356
and take on with them
is that before there was one company
1587
01:28:42,523 --> 01:28:45,993
allowed to legally vend
with a pushcart in the French Quarter.
1588
01:28:46,360 --> 01:28:50,614
Now that number
has been expanded to almost 20, 19.
1589
01:28:50,614 --> 01:28:53,500
That's a big jump. I'm happy.
1590
01:28:54,134 --> 01:28:56,760
Thanks to my staff
for making it happen.
1591
01:28:56,760 --> 01:29:00,674
Happy to be a part of this council
that as stated earlier
1592
01:29:00,674 --> 01:29:04,578
has made history in changing
these outdated ordinances.
1593
01:29:06,413 --> 01:29:09,016
With that I make
a motion to adopt as amended.
1594
01:29:09,550 --> 01:29:10,918
City council member Harris.
1595
01:29:15,022 --> 01:29:15,822
Thank you.
1596
01:29:16,156 --> 01:29:17,722
We have 5 yeas, no nays,
1597
01:29:17,722 --> 01:29:20,460
the motion as of this moment
has been adopted.
1598
01:29:21,280 --> 01:29:24,080
Eventually, even more permits
will be available
1599
01:29:24,080 --> 01:29:26,567
for the great people of New Orleans.
1600
01:29:45,385 --> 01:29:47,855
- What's up? How are you doing?
- How are you doing?
1601
01:29:48,255 --> 01:29:49,423
How are you doing?
1602
01:29:49,623 --> 01:29:52,693
Great. Congratulations.
1603
01:29:52,693 --> 01:29:54,054
I know. Thanks to you.
1604
01:29:54,661 --> 01:29:55,829
Serious history.
1605
01:29:55,829 --> 01:30:01,702
Congratulations on being the first one
to come into the French Quarter
1606
01:30:02,469 --> 01:30:06,607
after the 50-year-old law has changed.
1607
01:30:07,441 --> 01:30:10,440
How does it feel being
the very first food vendor
1608
01:30:10,440 --> 01:30:11,812
in the French Quarter?
1609
01:30:11,812 --> 01:30:12,880
It's new.
1610
01:30:13,280 --> 01:30:16,570
Got a lot more foot traffic
than where I previously was from.
1611
01:30:18,218 --> 01:30:20,187
I think it's going to work
for the better.
1612
01:30:21,121 --> 01:30:22,756
It was a long time coming.
1613
01:30:24,098 --> 01:30:27,920
Fifty years that no one
but Lucky Dog
1614
01:30:27,920 --> 01:30:29,863
was able to vend in the Quarters.
1615
01:30:30,280 --> 01:30:34,200
I would like to thank everybody
that had something to do with it,
1616
01:30:34,200 --> 01:30:36,170
even if you just liked the post.
1617
01:30:36,603 --> 01:30:38,505
- I got the bacon wrapped.
- Bacon wrap?
1618
01:30:38,505 --> 01:30:44,511
I got the gator, Cajun smoke
and regular beef dog, glizzie.
1619
01:30:44,711 --> 01:30:46,013
Glizzies.
1620
01:30:46,013 --> 01:30:47,640
Because they're not hot dogs,
they're glizzies.
1621
01:30:47,640 --> 01:30:49,683
They're glizzie. There is a difference.
1622
01:30:50,117 --> 01:30:53,086
Yes. I think I'll have the Cajun.
1623
01:30:55,255 --> 01:30:56,290
Alright.
1624
01:30:58,592 --> 01:31:00,961
Thank you.
1625
01:31:01,862 --> 01:31:03,497
It looks delicious.
1626
01:31:12,172 --> 01:31:12,773
Love wins.
1627
01:31:13,240 --> 01:31:15,142
What's about to happen
here right now?
1628
01:31:16,476 --> 01:31:23,136
Thirty wingnuts are about to parade
in support of finally getting some variety
1629
01:31:23,136 --> 01:31:25,930
in the French Quarter,
the end of the Lucky Dog monopoly,
1630
01:31:25,930 --> 01:31:28,322
and we couldn't be more thrilled.
1631
01:31:45,973 --> 01:31:47,374
All Lucky Dogs go to heaven.
1632
01:31:47,508 --> 01:31:49,943
The Krew of Hellarious Wingnuts
celebrates the end
1633
01:31:49,943 --> 01:31:53,113
of Lucky Dogs' 52 monopoly
in the French Quarter.
1634
01:31:53,113 --> 01:31:58,552
Service, January 19th 2024,
1972-2024.
1635
01:31:58,552 --> 01:32:02,523
Forever in our toilets.
21 million dogs sold.
1636
01:32:02,523 --> 01:32:06,254
In memoriam,
it is with relish and heavy heartburn
1637
01:32:06,360 --> 01:32:07,880
that we announce the passing
1638
01:32:07,880 --> 01:32:10,998
of the local New Orleans
business monopoly, Lucky Dogs,
1639
01:32:10,998 --> 01:32:14,768
dominion over pushcart vending
in the French Quarter
1640
01:32:14,768 --> 01:32:17,604
chomped short at the tender age of 52.
134828
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