Brooklyn Stands Behind Churro Vendor Handcuffed In Viral Video

BROOKLYN, NY — A churro vendor who was handcuffed inside Broadway Junction station Friday in a now-viral video is the latest proof that the city's subway system doesn't need the 500 extra cops called for by Gov. Andrew Cuomo, protesters said.

A large crowd of advocates and elected officials gathered outside the transit hub Monday to stand behind Elsa, a woman who four NYPD officers handcuffed and confiscated a cart from for selling churros at the station days earlier.

Police have said that Elsa, who only gave her first name, was released minutes later and only given a summons for selling without a permit.

But advocates are calling the incident is the latest example of aggressive police tactics in the city's subway system against low-income New Yorkers or people of color, which they argue will only become worse with the governor's plan to add 500 more police to stations to fight things like fare evasion.

"The way (Elsa) was treated on Friday night is a direct result of the MTA crackdown," said Sofia Newman, who took the now-viral video of Elsa's encounter with police. "This is what happens when resources are used to target vendors and people who can't afford the fare instead of to improve the dysfunctional public transit system. This woman...is a cherished member of the community and deserves to be protected by the law, not victimized by it."

Elsa's encounter with police comes two weeks after two other arrests on Brooklyn's subways went viral, one where a 19-year-old was swarmed in Crown Heights for allegedly not paying the fare and another where officers punched and pinned down teens at Jay Street/MetroTech.

Brooklynites marched through the streets in the days after those arrests, also calling for Cuomo to nix the extra cops.

In Elsa's case, advocates contended that it also revealed the need for another change — to street vendor laws.

The mother of five, who immigrated to New York City from Ecuador, said she has been scared to seek a permit from the city to sell her churros and worried about the cost of getting one.

Police forced her cart from her hands, handcuffed her and took her into the Transit District 22 station, where she was given a summons, because she didn't have a permit, Elsa said through a translator. Police later said that Friday's summons was Elsa's 11th in six months.

But advocates contended that even if Elsa had tried to get a permit, the city's outdated street vendor system would have prevented her from doing so. A cap on the number of New York City vendors put in place in the 1980s makes it near impossible for new vendors to get permits, Mohamed Attia, executive director of the Street Vendor Project at the Urban Justice Center said.

"Even if Elsa walked to the consumer affairs department and asked to apply for a permit, they would say, 'We don't have anymore permits here,'" Attia said. "That's what we are trying to change."

Elsa told the crowd that in the past, officers have simply asked her to leave without confiscating her merchandise or giving a summons. She said she tried to tell the officers, one of whom spoke Spanish, that she was about to go home, but they wouldn't allow her.

Newman said that she is hoping to start a GoFundMe to help Elsa cover the cost of the summons, replace her merchandise and make up for the hours she lost selling churros because of the incident.