Berryessa Flea Market officials banned four market union members from accessing their vendor stands on May 2 after they allegedly solicited flyers outside their designated spaces on the premises, more than a week before city leaders vote on the future of the flea market.
Rich Alvari, the flea market director, said the vendors violated their contract between them and the market, which states they’re prohibited to “solicit signatures or distribute information” beyond their own stands.
The Berryessa Flea Market Vendors Association (BFVA) was formed by four lifelong vendors Roberto Gonzales and Kayla, Khaled and Mariana, who prefer to go by their first names for privacy concerns, in March.
They created the labor union to highlight the needs of flea market merchants as the city plans the urban development project with no current plans to recreate or relocate the market at a new location.
“[On May 2], I was the only one at the stand with my cousin and wife, [the other BFVA members] were not there,” Gonzales said in a Zoom call. “Then two vendor supervisors, two uniformed San Jose Police [Department] officers and the vendor manager all surround me and make a scene to expel me.”
Gonzales said the founders received an email on May 6 from officials saying they were banned from the premises for the next two weeks. He felt the flea market management’s actions were to intimidate him and show other vendors the retaliation it's capable of if anyone speaks out against the redevelopment.
The flea market, also known as La Pulga, was established in 1960 by George Bumb Sr. and continues to be owned by the Bumb family.
Gonzales said Erik Schoennauer, a representative of the Bumb family, initially met with the flea market vendors in December 2020 to initially discuss the city’s rezoning plans.
The Envision San Jose 2040 General Plan, which was adopted by city councilmembers in November 2011 and amended on March 16, 2020, outlines the implementation of several urban villages in Downtown San Jose.
City staff proposed creating an urban village near the BART station on Berryessa Road, where the market is currently located. Urban villages are walkable, bicycle-friendly, transit-oriented mixed use settings that provide both housing and jobs, according to the San Jose Urban Villages webpage.
Gonzales said the December meeting didn’t successfully inform members because it was held during a busy holiday month, and had no translators and a low turnout amongst vendors. The San Jose City Planning Commission will vote at its meeting today at 6:30 p.m. whether or not to replace the market with residential and commercial units. If the vote passes, the discussion will move to city council for further approval.
The commission serves as an advisory board to city council and makes decisions regarding redevelopment plans, according to the San Jose Planning, Building and Code Enforcement webpage.
BFVA founders said there’s a lack of transparency between the flea market landowners and the vendors regarding redevelopment plans.
“There's a lot of tactics that [flea market landowners] employ in order to not have the vendors well informed or even communicated enough about what really is going on,” Gonzales said. “As a college-educated English speaker, it's hard in general to keep up with the terminology that's used during planning commission meetings and just anything really that has to do with decision making.”
Gonzales said fellow vendors have thanked and praised the union’s efforts of keeping them informed about the redevelopment plans, however members of the association continue to face hostility from market officials.
He added that the environment at the flea market was hostile as vendors had strict security on them a few days before members were banned.
Mariana, one of the BFVA founders, was fined $30 by flea market security on May 1 for distributing flyers explaining the city’s development plans.
Erik Schoennauer said the flea market management provided BFVA with a soliciting stand, which permitted its members to pass out flyers as long as they remained within the lines on the ground that outlined vendor stall spaces.
Gonzales said they were skeptical to accept the offer, but BFVA members decided to accept it on May 2.
He said lines are marked on the ground to outline vendor stall spaces. When vendors were spotted passing out flyers to customers outside of the designated lines, the flea market administration believed it was a breach of its contract.
“I felt intimidated and at that moment. They were also doing that as a show of force to the other vendors,” Gonzales said. “I broke their policy but [it wasn’t necessary] for that many people to come out and create a scene in front of families and children to kick me out.”
Schoennauer stated market officials warned the BFVA members, who he called the “four children of vendors,” verbally at least a half-dozen times and has received multiple complaints from other vendors who have allegedly been harassed by the four individuals on the premises.
“We are compelled to set the record straight regarding four adult children of vendors who have chosen to violate The Flea Market rules and cause disruption at The Flea Market during business hours,” Alvari said in a Tuesday email.
Gonzales said despite the pushback from flea market landowners, the BFVA will continue to insist on being included in the decision-making process regarding the redevelopment.
“Our mission stays the same, we're trying to inform people and organize the community in these decisions that are being made behind our backs, basically,” Gonzales said. “We’re all on the same boat: [we’re]about to get displaced if we are not deeply engaged in decision making.”
He added the loss of the flea market would also affect those who visit often.
Amy Estrada Magaña, a San Jose State sociology junior, said the market provides a unique and enjoyable atmosphere in the city.
“It's definitely hard for us as a Latinx or Chicanx community to find the safe spaces to really just be ourselves and express our culture unapologetically,” Estrada Magaña said. “ I feel like the flea market allows us to do that . . . and allows a lot of vendors to make their dreams a reality and make their businesses bloom. I definitely still feel that home vibe and I feel safe there.”
