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Disabled veteran food vendor sues NYC for $8M after arrest
A US Army veteran, who is disabled and has been a longtime food cart vendor, has filed an $8 million lawsuit against the city, alleging false arrest for trying to make a living, as per court documents.
Armando Crescenzi, the food seller, was arrested and issued a summons for “unlawful vending” in February while working his cart on West 34th Street and Broadway. The lawsuit was filed last week in Manhattan Supreme Court.
“It’s very basic,” said his attorney, Gary Fish. “He wants to make a living, and the police are interfering with that.”
Although the case was dismissed by an administrative court in April, Fish mentioned that numerous cops are issuing summons to disabled veterans who work as food vendors, despite having special privileges from the state.
“The police are handing out these summons like candy,” Fish stated. “And invariably, these cases get dismissed in court.”
Under an 80-year-old state general business law, disabled military veterans are considered a protected class and allowed “absolute blanket protection” to operate as vendors wherever they choose, similar to a “get out of jail free card,” Fish explained.
Fish emphasized that Crescenzi’s lawsuit aims to ensure that police officers are aware of the law and cease harassing the hard-working disabled military veterans in the city.
Regarding the legal privileges given to the veterans, Fish mentioned the police’s ignorance and stated that “there is an element of egregiousness inherent in each and every summons that’s issued.”
“The police have been on notice for quite some time,” Fish told The Post. “These disabled American military veterans have an absolute right to vend.”
Crescenzi, a Gulf War veteran who has faced harassment before, declined to be interviewed.
City officials did not respond to a request for comment on the lawsuit.
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