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These are the user uploaded subtitles that are being translated: 1 00:00:02,000 --> 00:00:07,000 2 00:00:02,603 --> 00:00:07,808 A hot dog war in the French Quarter. 3 00:00:08,000 --> 00:00:13,000 4 00:00:10,200 --> 00:00:12,971 How does a hot dog business war make it all the way 5 00:00:12,971 --> 00:00:15,682 to the United States Supreme Court? 6 00:00:16,116 --> 00:00:18,652 I mean, seriously? 7 00:00:21,588 --> 00:00:23,690 There are not a lot of hot dog vendor cases 8 00:00:23,690 --> 00:00:25,280 that reach the Supreme Court. 9 00:00:25,280 --> 00:00:26,793 I mean, it was nonsense. 10 00:00:27,200 --> 00:00:30,250 Typical New Orleans, you know, skulduggery. 11 00:00:30,250 --> 00:00:35,135 There is no constitutional right to economic equality. 12 00:00:35,269 --> 00:00:36,770 Most people are full of shit. 13 00:00:37,304 --> 00:00:39,206 This city is not a small business place. 14 00:00:39,206 --> 00:00:42,809 We have no idea how much we are depriving. 15 00:00:42,809 --> 00:00:46,480 Why are we not scrutinizing why Lucky Dog is the only business 16 00:00:46,480 --> 00:00:47,680 in the French Quarters? 17 00:00:47,680 --> 00:00:49,416 I guess, you know, Lucky Dog got lucky. 18 00:00:50,484 --> 00:00:52,586 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 00:00:55,850 --> 00:00:58,725 New Orleans has an earned reputation for corruption. 21 00:00:58,725 --> 00:01:04,798 This is the typical legislative chicanery that goes on in New Orleans. 22 00:01:04,798 --> 00:01:06,433 Their luck needs to be changed. 23 00:01:06,834 --> 00:01:08,802 We still have a chance worth fighting. 24 00:01:08,802 --> 00:01:10,003 To be in the ballgame. 25 00:01:10,003 --> 00:01:11,505 Open the playing field up for everybody. 26 00:01:11,972 --> 00:01:13,473 I just want a legal, honest living. 27 00:01:13,473 --> 00:01:16,143 Let's get these bastards. They can't be doing this again. 28 00:01:17,511 --> 00:01:19,980 I see the hot dog. 29 00:01:23,116 --> 00:01:27,287 Dirty dogs, dirty dogs. 30 00:01:42,069 --> 00:01:46,173 Dirty dogs, dirty dogs. 31 00:01:53,747 --> 00:01:58,151 We'll hear arguments next in 74-775. 32 00:01:58,585 --> 00:02:01,188 New Orleans against Nancy Dukes. 33 00:02:08,629 --> 00:02:09,897 Without rolls. 34 00:02:10,797 --> 00:02:13,700 Mr. Chief Justice, may it please the court? 35 00:02:15,002 --> 00:02:17,137 And the question grandfather clause is, 36 00:02:17,137 --> 00:02:21,475 in this case, illustrative of the desire not to favor any particular business, 37 00:02:21,475 --> 00:02:24,699 but to maintain only those features which, over the years, 38 00:02:24,699 --> 00:02:27,320 have become landmarks in the area of the City of New Orleans. 39 00:02:27,320 --> 00:02:31,285 Over 260 years, not to suggest that Lucky Dogs has been there that long, 40 00:02:31,385 --> 00:02:32,619 but all of the features, 41 00:02:32,619 --> 00:02:38,192 the sum total of the functional and physical part of the French Quarter. 42 00:02:38,392 --> 00:02:40,861 The statue itself, and I reiterate, 43 00:02:40,994 --> 00:02:46,210 establishes a monopoly for a lucky business that is Lucky Dogs. 44 00:02:46,210 --> 00:02:50,838 It gives no opportunity to anyone else to provide a hot dog which is better, 45 00:02:50,838 --> 00:02:53,874 able to promote the charm and beauty of the Vieux Carré 46 00:02:53,874 --> 00:02:56,677 if you would assume that a hot dog can somehow or other 47 00:02:56,677 --> 00:02:59,012 promote the charm and beauty of the Vieux Carré. 48 00:03:05,819 --> 00:03:12,326 I have the opinion and judgment for the Court to announce in 74-775, 49 00:03:12,326 --> 00:03:14,628 City of New Orleans against Dukes. 50 00:03:15,028 --> 00:03:18,398 And for reasons stated in an opinion for the Court 51 00:03:18,398 --> 00:03:20,033 filed with the clerk this morning, 52 00:03:20,033 --> 00:03:22,903 the judgment of the United States Court of Appeals 53 00:03:22,903 --> 00:03:25,606 for the Fifth Circuit is reversed, 54 00:03:25,606 --> 00:03:29,443 and the case is remanded to that Court for further proceedings 55 00:03:29,443 --> 00:03:31,345 consistent with this opinion. 56 00:03:59,106 --> 00:04:02,800 Hi. My name is Alicia Renee, aka Blue Eyes. 57 00:04:02,800 --> 00:04:05,112 I'm a female vocalist slash bandleader 58 00:04:05,112 --> 00:04:07,514 right here in the French Quarter of New Orleans. 59 00:04:07,514 --> 00:04:11,251 And man, do I have a story to tell you? 60 00:04:16,657 --> 00:04:20,194 New Orleans, late 1940s. 61 00:04:21,528 --> 00:04:24,289 Many New Orleanians are still enjoying the post-war glow, 62 00:04:24,798 --> 00:04:27,600 while others are still dealing with the negative impact 63 00:04:27,600 --> 00:04:29,736 of Plessy versus Ferguson. 64 00:04:30,304 --> 00:04:33,774 In that case, which originated here in New Orleans 65 00:04:33,774 --> 00:04:36,577 and was heard in 1896, 66 00:04:36,977 --> 00:04:40,480 our Supreme Court Justices, the apex of arbiters 67 00:04:40,480 --> 00:04:44,318 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: 69 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. 71 00:04:58,832 --> 00:05:03,250 They decide to open their first Lucky Dog's hot dog cart 72 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, 76 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, 78 00:05:19,486 --> 00:05:21,588 A Confederacy of Dunces. 79 00:05:21,989 --> 00:05:24,558 Ignatius Reilly, the slobbering-my main character 80 00:05:24,558 --> 00:05:28,028 with a penchant for emitting bodily sounds, 81 00:05:28,128 --> 00:05:31,198 works as a Lucky Dog's type seller in the Quarter 82 00:05:31,198 --> 00:05:33,567 for a company called Paradise Vendors. 83 00:05:33,667 --> 00:05:36,170 However, he was not very good at it, 84 00:05:36,403 --> 00:05:38,872 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. 86 00:05:43,944 --> 00:05:47,347 If you listen closely, you can hear him belch. 87 00:05:53,787 --> 00:05:57,191 After the death of his brother, Steve Loyacano sells Lucky Dogs 88 00:05:57,191 --> 00:06:00,627 to local businessman, Doug Talbot in 1970. 89 00:06:01,395 --> 00:06:03,764 In January 1972, 90 00:06:03,897 --> 00:06:07,801 Nancy Duke starts her own hot dog cart business in the Quarter. 91 00:06:07,801 --> 00:06:11,538 Under the title, Louisiana Concessions. 92 00:06:12,506 --> 00:06:15,676 My name is James A, otherwise known as Jimmy Dukes. 93 00:06:15,676 --> 00:06:18,378 And that was my mother. Nancy Duke's was my mother, of course. 94 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 96 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, 98 00:06:29,189 --> 00:06:31,288 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. 102 00:06:38,760 --> 00:06:40,133 They blocked off lots of streets. 103 00:06:40,133 --> 00:06:41,502 They are probably are still blocked off in the Quarter 104 00:06:41,502 --> 00:06:43,136 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. 107 00:06:48,734 --> 00:06:50,530 It was almost like carnival atmosphere. 108 00:06:50,530 --> 00:06:52,840 And my mother decided that she wanted to get in on it. 109 00:06:52,840 --> 00:06:54,360 And so then she had this cart built. 110 00:06:54,360 --> 00:06:58,200 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 00:07:06,433 --> 00:07:08,720 And they'd set up this thing, and it was on big rubber tires. 116 00:07:08,720 --> 00:07:10,320 You could roll it right into the site. 117 00:07:10,320 --> 00:07:14,000 Didn't need any electricity or anything, and they were selling coke and hot dogs. 118 00:07:14,000 --> 00:07:15,170 You could have both. 119 00:07:15,170 --> 00:07:18,639 In April 1972, the New Orleans City Council, 120 00:07:19,106 --> 00:07:22,776 which to put it mildly, was not diverse, 121 00:07:23,076 --> 00:07:26,947 establishes an ordinance that bans all push cart vendors 122 00:07:26,947 --> 00:07:28,482 in the French Quarter. 123 00:07:28,482 --> 00:07:31,952 The exception being two businesses that had operated in the Quarter 124 00:07:31,952 --> 00:07:33,654 for more than eight years. 125 00:07:33,654 --> 00:07:35,989 One is a small ice cream vendor. 126 00:07:35,989 --> 00:07:37,850 The other is Lucky Dogs. 127 00:07:37,850 --> 00:07:41,895 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 129 00:07:46,200 --> 00:07:49,960 that regulated street vending in the French Quarter. 130 00:07:49,960 --> 00:07:51,371 My name is Joel Loeffelholz. 131 00:07:51,371 --> 00:07:55,542 In the early 70s, I was the lawyer for the City of New Orleans 132 00:07:55,542 --> 00:07:58,812 and handled the case of New Orleans versus Dukes 133 00:07:58,812 --> 00:08:03,617 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, 138 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, 140 00:08:21,635 --> 00:08:25,472 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 142 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. 144 00:08:34,681 --> 00:08:37,751 So there were a lot of vendors of that type of thing. 145 00:08:37,951 --> 00:08:39,586 They were harassing tourists. 146 00:08:39,586 --> 00:08:41,188 It was really getting to be a problem. 147 00:08:41,421 --> 00:08:42,623 We would do a lot of complaints. 148 00:08:42,623 --> 00:08:47,060 So I drafted the ordinance to say no street vending in the area 149 00:08:47,060 --> 00:08:49,563 bounded by certain boundaries, which is the French Quarter. 150 00:08:49,563 --> 00:08:52,266 No street vending of any kind, period. 151 00:08:52,699 --> 00:08:54,902 But then we carved out an exception 152 00:08:55,102 --> 00:08:59,072 for two particular street vendors. 153 00:08:59,506 --> 00:09:02,409 One is, the name of the company is Lucky Dogs, 154 00:09:02,409 --> 00:09:05,646 and Lucky Dogs was established, if my mind serves me correctly, 155 00:09:05,646 --> 00:09:07,481 sometime in the late forties. 156 00:09:08,282 --> 00:09:11,160 It's very unique and very distinctive little carts. 157 00:09:11,160 --> 00:09:12,920 They look like hot dogs. 158 00:09:12,920 --> 00:09:14,621 So we carved out two exceptions, 159 00:09:14,621 --> 00:09:19,133 mainly because in our estimation, that's what I came up with, 160 00:09:19,133 --> 00:09:20,661 and this was a truth, 161 00:09:20,827 --> 00:09:24,198 that both of those companies are institutions and the man 162 00:09:30,040 --> 00:09:32,774 had become part and parcel of the charm of the French Quarter. 163 00:09:32,774 --> 00:09:34,640 There's an ordinance in the city and the world. 164 00:09:34,640 --> 00:09:40,650 And the way they couch it is we want to preserve our lifestyle, our culture, 165 00:09:40,650 --> 00:09:42,616 and the beauty of the French Quarter. 166 00:09:42,616 --> 00:09:46,186 And therefore, we will not have any street vendors 167 00:09:46,186 --> 00:09:49,256 that are not in place before a certain period of time. 168 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 170 00:09:54,280 --> 00:09:55,429 one street vendor allowed, 171 00:09:55,429 --> 00:09:57,598 which is a hot dog group named Lucky Dog. 172 00:09:57,598 --> 00:09:58,765 It just had to have been political. 173 00:09:58,765 --> 00:10:01,435 Now, you asked me, did I know that? No, I don't know that. 174 00:10:01,435 --> 00:10:03,000 Look how the thing came out. 175 00:10:03,000 --> 00:10:06,306 If city council, without a whole lot of debate of any kind at all, 176 00:10:06,306 --> 00:10:09,209 adopted an ordinance that gave it to one monopoly, 177 00:10:09,309 --> 00:10:11,645 which happened to be their main competitors, 178 00:10:11,645 --> 00:10:14,748 and which told them you have got to leave, or I'm going to arrest you. 179 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. 181 00:10:22,489 --> 00:10:24,658 That would cut into his bottom line. 182 00:10:25,120 --> 00:10:28,250 Did he decide to bribe certain city council members 183 00:10:28,250 --> 00:10:29,963 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. 185 00:10:34,294 --> 00:10:36,570 She firmly believed until the day she died that, yes. 186 00:10:36,570 --> 00:10:40,440 Somebody had taken money, and they worked for Lucky Dog. 187 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, 189 00:10:44,845 --> 00:10:49,716 New Orleans has quite a reputation and an earned reputation for corruption. 190 00:10:49,716 --> 00:10:53,687 I mean, it's not a secret that plenty of governors have been imprisoned, 191 00:10:53,687 --> 00:10:55,055 subsequent to leaving power. 192 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: 194 00:11:03,430 --> 00:11:09,903 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, 211 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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