Lawsuit gets restraining order
A Civil District Court judge on Tuesday blocked the French Market Corp. from enforcing changes in regulations for flea-market vendors that the nonprofit corporation's board of directors approved two weeks ago. Judge Tiffany Chase issued a temporary restraining order and said she will hold a hearing Monday on whether to convert that to a preliminary injunction.
View full sizeDrissa Sanogo sells African antique and tribal art at the French Market in January 2011. Attorney Michael Tifft filed a lawsuit challenging the new regulations on behalf of the French Market Vendors Association, an organization of flea-market vendors who have long helped administer a tenure system that assigns the best spaces and stalls to the longest-tenured sellers.
The suit does not challenge the substance of the new rules. Instead, it says the way they were approved violated various procedural requirements, such as for publication in the city's official journal and approval by the City Council.
Moreover, it says, both the city ordinance authorizing the French Market Corp. to manage the historic city-owned market and the city's actual franchise and lease agreement with the corporation expired on Dec. 31 and have not been renewed, meaning the board had no legal authority to adopt the new regulations.
The suit says the new policy manual approved by the board Feb. 28 increases the number of days per month a vendor must work to maintain tenure; reduces the amount of "annual leave" permitted within the tenure system; requires vendors to sign in personally each day in order to maintain tenure, rather than letting employees sign in for them; "dispenses with prior rental credits should a vendor be unable to appear"; and requires vendors to wear ID badges.
In addition, it says, flea-market vendors formerly became eligible for vacancies in the more desirable farmers' market section of the French Market in accordance with the tenure system, but those prime spaces are now assigned without regard to vendors' tenure.
Frank Pizzolato, the French Market's executive director, said the tenure system has not been eliminated. He noted, however, that the policy manual says the board reserves the right, "upon adequate notice to all vendors," to review the system. It says the board each year "shall issue a statement indicating if it will continue the use of the tenure system."
Vendors are now required to work a minimum of six days in a 30-day period, rather than only one day a month as previously required, Pizzolato said. Some vendors only work weekends, he noted.
In addition, vendors will be required to appear before a special committee every two years, beginning in July, for a "product review assessment," Pizzolato said. "This will address product quality and recommendations of product adjustments," he said, adding a new level of accountability.
Last summer, Tifft filed a suit challenging the legality of sharp rent increases for residents of the city-owned Upper Pontalba Building, which is managed by French Market Corp.'s staff. He won a reprieve, but the increases eventually went into effect.
Bruce Eggler can be reached at beggler@timespicayune.com or 504.826.3320.