Press Release

Senator Wiener, Mayor Lurie Announce Legislation to Tackle Dangerous Fencing of Illegal Goods on San Francisco Streets

SAN FRANCISCO – Senator Scott Wiener (D-San Francisco) and Mayor Daniel Lurie today announced the SAFE Streets Act (San Francisco Allows Fencing Enforcement on our Streets). This legislation allows San Francisco to combat illegal fencing — the sale of stolen goods — through targeted interventions from law enforcement. Rampant fencing on city streets has disrupted a number of San Francisco neighborhoods, fueling retail theft and leading to chaos and violence that displace legitimate street vendors and undermine public safety. 

Authored by Senator Wiener and sponsored by Mayor Lurie, the SAFE Streets Act protects legitimate street vendors — who enrich San Francisco neighborhoods — while allowing law enforcement to issue infractions, and a misdemeanor after multiple violations, against those who sell commonly stolen goods without a permit or proof of purchase. The bill does not apply to prepared foods.

Under the SAFE Streets Act, San Francisco can require vendors to obtain a permit to sell merchandise frequently obtained through retail theft, as determined by the Board of Supervisors. The bill then provides that selling such merchandise without a permit, or alternatively proof of purchase, is punishable with an infraction. On the third offense, the violation is punishable with an infraction or a misdemeanor and up to six months in county jail. 

The new criminal offenses in the bill do not apply to the vast majority of street vendors, including those who are:

  • Selling any goods with a permit
  • Selling goods on the list, with a permit or with proof of purchase
  • Selling prepared food, with or without a permit

Mayor Lurie’s first state legislative proposal, the SAFE Streets Act represents a continued focus on public safety and street conditions. His Fentanyl State of Emergency Ordinance is advancing in partnership with the Board of Supervisors, passing the Budget and Finance Committee unanimously last week.

“We need to end the sale of stolen goods on our streets, while supporting the legitimate street vendors who bring so much vibrancy to our neighborhoods,” said Senator Wiener. “Criminal organizations are fueling retail theft and bringing violence and chaos to our streets, displacing legitimate street vendors, harming local businesses, and undermining public safety. The SAFE Streets Act holds these disruptors accountable and allows our communities to flourish.”

“With this bill, we are stopping people from stealing goods and then turning around to sell them on our streets, while also removing a key driver of our public safety crisis. I want to thank Senator Wiener for his partnership in making San Francisco safer,” said Mayor Lurie. “By taking on fencing, we are addressing retail theft, improving public safety, and adding another tool to help us clean up our streets.” 

“This bill will help empower vendors, while enabling the City to address fencing,” said Rodrigo Lopez, President of the Mission Street Vendors Association. “I have been a vendor for 4 years, and I strongly believe that we need this bill so that we can continue to safely make a living.”

“Street vending has always been an integral part of the Latino culture in the Mission District; fencing has NEVER been supported in our community!” said William Ortiz-Cartagena, Founder of CLECHA and Latino Task Force's Subcommittee Chair for Small Business. “We are here to support our Street Vendors, many of which have served the community for decades, and ensure they have a safe, robust, and cultural centric environment in which to thrive and prosper in.”

In 2023, the city issued a temporary moratorium on street vending in the Mission after escalating disorder connected to illegal fencing created an environment that was increasingly unsafe for residents, small businesses, licensed vendors, and the city Department of Public Works inspectors leading enforcement in the neighborhood.

Too often, large fencing operations and the danger that accompanies them force legitimate vendors out of communities. The displacement and risks to public safety resulting from the current situation have caused many vendors to call for a limited role for law enforcement in enforcing street vending rules. Leading community groups, including MEDA, CLECHA, and the Mission Street Vendors Association are supporting The SAFE Streets Act.

The SAFE Streets Act has been crafted to avoid immigration consequences.

 

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