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The Franklin Street vending ban, 1970–1974

How Chapel Hill banned selling on Franklin Street’s sidewalks from 1970 to 1974: the merchants’ complaint about the flower ladies, the 1970 ban that spared flowers, the young vendors’ guild and lawsuit, the 1971 ban on all street selling and the flower ladies’ move into an alley, and the board’s refusal to reopen the sidewalks.

In June 1970 Chapel Hill banned selling on its streets and sidewalks except by the flower ladies, the Black women who had sold flowers on Franklin Street since about 1950. Young vendors organized and kept selling, and in June 1971 a judge struck the ordinance down as discriminatory. The aldermen answered by banning all street vending, flower ladies included, and the flower ladies moved into an alley off Franklin Street. Vendors came back on rented private space in 1972, and in 1974 the board refused to let them return to the sidewalks.

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The full story

Chapel Hill's aldermen had banned selling on the town's streets and sidewalks once before, in 1929, on a merchants' petition aimed at the peddlers who worked the football crowds. The flower ladies, Black women who sold fresh-cut flowers on the Franklin Street sidewalk, had set up there around 1950. In January 1970 the Chapel Hill-Carrboro Merchants Association asked the Board of Aldermen to regulate them, and Mayor Howard Lee named three aldermen to study street vending. On June 22 the board made it unlawful to sell goods on the town's streets and sidewalks, exempting civic fund drives and flowers sold in the business district, which the flower ladies could sell under a $10 yearly license. Thirteen young street vendors formed the Chapel Hill Craftsman's Guild, went back to Franklin Street giving away candles and leather goods with each flower they sold, and gathered about 700 signatures asking that licensed vendors be allowed to sell handcrafted goods.

In March 1971 the aldermen ordered the ban strictly enforced against the leather goods, candle and toy sellers crowding Franklin Street, and a leather goods maker selling under a flower license won a restraining order. On June 14 Superior Court Judge Thomas D. Cooper ruled that the ordinance discriminated by sparing only the flower sellers. Rather than appeal, the aldermen voted on June 22 to let the ban stand without its flower exemption, so that all sidewalk selling would end when the licenses ran out at the end of June; Lee, who favored stalls or zones, called the decision hypocrisy. On July 1, the first day of the ban, vendors and supporters spread blankets on the sidewalks and circulated petitions, and when police arrested one of their leaders for obstructing the sidewalk, Lee had him released after 15 minutes and named an advisory committee of vendors, two flower ladies among them. The flower ladies moved together into the alley George Watts Hill owned between the Varsity Theatre and the Intimate Bookshop, where the Daily Tar Heel still placed them in 1973 and 1974. By March 1972 vendors were selling again on Franklin Street from rented private space beside the Dairy Bar, after the Community Appearance Commission had proposed a regulated market in the planting strips. On April 22, 1974 the aldermen turned down a permit ordinance from the downtown implementation team that would have let licensed vendors sell from small stalls, and the ban stayed in force.

In the chronology

Events in this storyline, in date order. See these 14 dated events in the chronology →

  1. Chapel Hill aldermen ban selling on the streets and sidewalks On a petition from merchants and other citizens, the board voted unanimously to forbid selling goods on the town's streets and sidewalks, aimed at the peddlers of colors, canes and programs who worked the football crowds. Sales in private buildings, on vacant lots, on University property and of a farmer's own produce were exempt, and violators faced a fine of up to $50 or 30 days. Place: Chapel HillSearch the index · The Chapel Hill Weekly, November 22, 1929, p. 1
  2. African American flower sellers known as the Flower Ladies set up on Franklin Street A group of Black vendors, each working independently, began selling fresh-cut flowers on the Franklin Street sidewalk around 1950 and became one of the town's best-known enterprises. Place: Franklin Street, Chapel HillNC Digital Collections: M. Ruth Little, The Town and Gown Architecture of Chapel Hill, 1795-1975 (2004), p. 68
  3. Aldermen hear the merchants' call to regulate Chapel Hill's flower ladies At a public hearing the Board of Aldermen took up a letter from the Chapel Hill-Carrboro Merchants Association asking for rules on street vending by the flower ladies, the Black women who had sold flowers on Franklin Street for about fifty years. Residents spoke on both sides, and Mayor Howard Lee named a committee of three aldermen to study street vending and report. People: Howard N. Lee, Roland Giduz, Ross Scroggs Place: Franklin Street, Chapel HillThe Daily Tar Heel, January 14, 1970, p. 1
  4. Chapel Hill aldermen ban sidewalk peddling and license the flower ladies The Board of Aldermen passed an ordinance making it unlawful to sell goods on the town's streets and sidewalks, exempting civic fund drives and flowers sold in the business district; the flower ladies now had to buy a $10 yearly license for a space no more than 10 feet wide. Young street vendors on Franklin Street were handed copies the next morning and told to close, and the board named three members to study the matter. Place: Franklin Street, Chapel HillSearch the index · The Daily Tar Heel, June 25, 1970, p. 1
  5. Street vendors form the Chapel Hill Craftsman's Guild to fight the peddling ban Thirteen street vendors formed the Chapel Hill Craftsman's Guild to counter the new ordinance, went back to Franklin Street "selling" flowers and giving away candles and leather goods with each purchase, and gathered about 700 signatures asking the aldermen to let licensed vendors sell handcrafted goods. A police sergeant said the ordinance would not be enforced for a couple of weeks. Place: Franklin Street, Chapel HillSearch the index · The Daily Tar Heel, July 2, 1970, p. 1
  6. Chapel Hill aldermen order the ban on sidewalk selling strictly enforced The Board of Aldermen voted to begin strictly enforcing on March 29 the town ordinance that allowed only flowers to be sold on Chapel Hill's streets, aiming at the leather goods, candle and toy sellers crowding the Franklin Street sidewalks between Columbia and Henderson streets. Vendors talked of a court test, saying the flower exception made the ordinance discriminatory. Place: Franklin Street, Chapel HillSearch the index · The Daily Tar Heel, March 24, 1971, p. 1
  7. A street vendor's suit stops Chapel Hill from enforcing its sidewalk selling ban A leather goods maker who sold on Franklin Street under a flower license won a temporary restraining order barring the town from enforcing its street vending ordinance, arguing it was too broad, canceled licenses without a hearing and unfairly favored flower sellers. The town agreed not to enforce the ban until a hearing in the May term of Orange County Superior Court. Place: Orange County Superior Court, Hillsborough · Also mentions: Franklin StreetSearch the index · The Daily Tar Heel, April 6, 1971, p. 1
  8. Judge strikes down Chapel Hill's street vending rule that spared only the flower ladies Superior Court Judge Thomas D. Cooper ruled that Chapel Hill's ordinance banning all street selling except of homegrown and handmade flowers was discriminatory, in a suit brought by a leather-goods vendor after the aldermen voted in March to ban everyone but the flower ladies. That night the aldermen chose to write a new ordinance rather than appeal. Place: Orange County Superior Court, Hillsborough · Also named: Thomas D. CooperSearch the index · The Daily Tar Heel, June 17, 1971, p. 3
  9. Chapel Hill aldermen keep a ban on all street vending, flower ladies included After the court ruling, the aldermen voted to let the vending ordinance stand without its flower exemption, so that all selling on Chapel Hill's public sidewalks would end when the current licenses ran out at the end of June. Mayor Howard Lee, who favored stalls or zones, called the decision hypocrisy and said the flower ladies, some of whom had sold on Franklin Street for 35 to 40 years, had no other decent way to earn the money they needed. People: Howard N. Lee, Ross Scroggs Place: Town Hall, Chapel Hill · Also mentions: Franklin StreetSearch the index · The Daily Tar Heel, June 24, 1971, p. 7
  10. Street vendors protest the vending ban on Franklin Street, and Mayor Lee heads off arrests On the first day of the ban, vendors and supporters spread blankets on the Franklin Street sidewalks, gave away flowers and food and circulated petitions asking the mayor to let them return. Police sent by Chief William D. Blake ordered them to move and arrested one leader for obstructing the sidewalk, but Mayor Howard Lee overruled the officers, had the man released after 15 minutes and named an advisory committee of vendors, two flower ladies among them, which met with him on July 6. People: Howard N. Lee Place: Franklin Street, Chapel Hill · Also named: William D. BlakeSearch the index · The Daily Tar Heel, July 8, 1971, p. 1
  11. Chapel Hill's flower ladies move into an alley beside the Varsity Theatre With street vending banned, the flower ladies, whose trade on Franklin Street went back about 50 years, moved together onto private property, an alley owned by George Watts Hill between the Varsity Theatre and the Intimate Bookshop, after turning down space at Kroger and in front of Ledbetter-Pickard so that they could stay together. One of them told the paper that a petition from 15 merchants, not the young peddlers, had pushed them off the street. People: George Watts Hill Place: Alley between the Varsity Theatre and the Intimate Bookshop, Franklin Street, Chapel Hill · Also mentions: Varsity Theatre, Franklin StreetThe Daily Tar Heel, July 1, 1971, p. 1
  12. The Flower Ladies move off Franklin Street into an alley beside the Varsity Theatre When Chapel Hill's ban on all street vending took effect at the start of July 1971, the Flower Ladies left the Franklin Street sidewalk for the alley between the Varsity Theatre and the Intimate Bookshop, which its owner, George W. Hill, opened to them. The Daily Tar Heel still placed them in that alley in 1973 and 1974. Ruth Little's history also places them in the NCNB Plaza passage, which did not open until late 1972. Place: Alley between the Varsity Theatre and the Intimate Bookshop, Franklin Street, Chapel Hill · Also named: Ruth Little · Also mentions: Varsity Theatre, Franklin StreetNC Digital Collections: M. Ruth Little, The Town and Gown Architecture of Chapel Hill, 1795-1975 (2004), p. 68 · Also: The Daily Tar Heel, July 1, 1971, p. 1; The Daily Tar Heel, December 8, 1971, p. 6; The Daily Tar Heel, September 4, 1973, p. 1
Show all 14 dated events
  1. Street vendors return to Franklin Street on rented space beside the Dairy Bar Vendors, kept off Chapel Hill's sidewalks by the town's ban on street selling, went back into business on Franklin Street by selling from rented private open space next to the Dairy Bar. Two weeks earlier the Community Appearance Commission had recommended a regulated public market in the planting strips on the south side of East Franklin Street, a plan the University Methodist Church said it would fight in court. Place: beside the Dairy Bar, East Franklin Street, Chapel Hill · Also mentions: University Methodist Church, East Franklin Street, Franklin StreetSearch the index · The Daily Tar Heel, March 4, 1972, p. 1
  2. Chapel Hill aldermen turn down a plan to let vendors back onto Franklin Street The aldermen rejected a short-term permit ordinance, drafted by the downtown implementation team and presented by Alderman Gerry Cohen, that would have let licensed vendors sell from small stalls in parts of downtown, keeping the ban in force since 1971 and leaving open only the idea of an open-air market. Cohen's motion to put the ordinance on the May 6 agenda failed 4 to 2, with Alderman Shirley Marshall joining him, and a motion to table it for study failed by the same margin. Place: Municipal Building, Chapel Hill · Also named: Gerry Cohen, Shirley MarshallSearch the index · The Daily Tar Heel, April 24, 1974, p. 2

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Map tiles © OpenStreetMap contributors. Site locations from the N.C. State Historic Preservation Office survey, Open Orange, Orange County GIS, OpenStreetMap and a few other published sources named on each site’s page; town and community pins show approximate locations.

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Reading on the places and people in this storyline

No indexed work is about this storyline itself yet. These are about the sites and people its dated events name, those named most often first, so they may discuss the storyline only in part. Follow a link to find a copy or view the material.

About Howard N. Lee · named in 4 of this story’s entries

The Courage to Lead: One Man's Journey in Public Service

Lee, Howard N. · 2008 · Cotton Patch Press

Howard N. Lee (born 1934) tells his own story, from a farm childhood in Lithonia, Georgia, through college, army service in Korea at Camp Casey and the move from Savannah that planted him in Chapel Hill, to his election as mayor of Chapel Hill in 1969 and his later run for Congress and years in the state legislature. Published by Cotton Patch Press of Chapel Hill in 2008, 199 pages with plates.

Oral history interview with Edwin Caldwell, March 2, 2001: interview K-0202, Southern Oral History Program Collection (#4007)

Caldwell, Edwin · 2006 · University Library, UNC-Chapel Hill

Edwin Caldwell, Jr. reviews a life in Chapel Hill politics in a three-hour Southern Oral History Program interview recorded March 2, 2001, by Oliver White. A skilled organizer, Caldwell worked in the campaign that made Howard Lee the town's first Black mayor in 1969, ran for office more than once without winning, and became a local political power. The conversation also covers race relations, the Chapel Hill-Carrboro school board and the Church of Reconciliation. Published online in 2006 in Documenting the American South.

Oral history interview with Rebecca Clark, June 21, 2000: interview K-0536, Southern Oral History Program Collection (#4007)

Clark, Rebecca · 2006 · University Library, UNC-Chapel Hill

Interview recorded June 21, 2000 with Rebecca Clark (1915-2009), a Black Chapel Hill resident, for the Southern Oral History Program at UNC. Clark, educated in Chapel Hill's segregated schools, describes working life under segregation and the economic discrimination she met in it. Topics also include Lincoln High School, school integration, and Howard Lee, elected mayor of Chapel Hill in 1969. Interview K-0536 in collection #4007.

My life of breaking barriers, building bridges, and making history

Lee, Howard, 1934- · 2021 · North Caroliniana Society

Howard N. Lee's account of his own career, published in 2021 by the North Caroliniana Society with the society award given to him that year, together with tributes from Angela Lee, Valerie Foushee and others. Lee became mayor of Chapel Hill in 1969, the town's first Black mayor.

UNC

About George Watts Hill · named in 2 of this story’s entries

Oral history interview with George Watts Hill, January 30, 1986 interview C-0047, Southern Oral History Program Collection (#4007).

Hill, George Watts · 2007 · University Library, UNC-Chapel Hill

George Watts Hill (1901-1993), Durham banker and philanthropist, interviewed by James Leutze on January 30, 1986 for the Southern Oral History Program, over seven hours in all. Hill grew up in Durham, entered UNC in 1918 and describes student life in Chapel Hill in the early twentieth century before leaving in 1924 with two degrees. He also discusses banking, Blue Cross and Blue Shield of North Carolina, dairy farming, the Duke family, his father John Sprunt Hill, the Committee to Defend America by Aiding the Allies, and Research Triangle Park.

C. D. Spangler, George Watts Hill, Craig Phillips

Morton, Hugh M. · 1986

Craig Phillips, C. D. Spangler and George Watts Hill Sr., left to right, seated in the stands on 3 December 1986, probably at a UNC-Chapel Hill men's basketball game. Spangler was then president of the UNC system. Hugh Morton photograph.

Frank H. Kenan, George Watts Hill Sr., 1980s?

Morton, Hugh M. · 1980

Frank H. Kenan and George Watts Hill Sr. together at an unidentified event, probably at UNC in Chapel Hill and likely in the 1980s. Both men were North Carolina business leaders. 35 mm black-and-white negative by Hugh Morton.

Frank H. Kenan, George Watts Hill Sr., 1980s?

Morton, Hugh M. · 1980

Frank H. Kenan in the center and George Watts Hill Sr. at far right, with Jeanelle Coulter Moore at front left, at an unidentified gathering, probably at UNC-Chapel Hill, likely in the 1980s. Hugh Morton black-and-white 35 mm negative.

About Ross Scroggs · named in 2 of this story’s entries

Recording with Ross E Scroggs, 1978 (Chapel Hill Historical Society cassette)

1978

Ross E Scroggs, recorded on cassette in 1978 for the Chapel Hill Historical Society. Part of the society's CHHS.012 Audiovisual Materials Collection.

Wider background: Business, Shops & Commerce · the most widely held histories of the theme this story belongs to; they may not discuss it

The Research Triangle: From Tobacco Road to Global Prominence

Rohe, William M. · 2011 · University of Pennsylvania Press

William M. Rohe's history of Research Triangle Park and the region around it, published by the University of Pennsylvania Press in 2011. Topics include regional planning and the economic and social conditions of the Research Triangle Park region, one corner of which is Chapel Hill and the university. 298 pages with illustrations and maps.

The Black family in slavery and freedom, 1750-1925

Gutman, Herbert G. (Herbert George), 1928-1985 · 1976 · Pantheon Books

Herbert G. Gutman's 1976 history of African American families from 1750 to 1925, published by Pantheon Books in New York, 664 pages with 38 leaves of plates. Its Orange County connection is the Bennehan and Cameron family plantations, Stagville and Fairntosh: the book discusses the people enslaved by Richard Bennehan (1743-1825) and the Camerons, and follows family ties among them under slavery and after emancipation. Subjects include African American families and enslaved persons in Orange County.

Reviewed in The Journal of Southern History (1977), The William and Mary Quarterly (1977), The American Historical Review (1977), Journal of American History (1977), The History Teacher (1977), Political Science Quarterly (1977), Journal of Black Psychology (1978), Journal of Social History (1978), Civil War history (1978), Signs (1978).

William Terry Couch and the Politics of Academic Publishing

Shiflett, Orvin Lee · 2015 · McFarland & Company, Inc., Publishers

Orvin Lee Shiflett's biography of William Terry Couch, 1901 to 1988, the editor who built up UNC Press at Chapel Hill over four decades in publishing, with a subtitle that calls his career a lightning rod for controversy. Chapters treat culture in the South, a case history in book publishing, objectivity and social science and 'The Sainted Book Burners'. It bears on scholarly publishing and university presses in the twentieth century. McFarland, 2015, 268 pages with illustrations.

A Generosity of Spirit: The Early History of the Research Triangle Park

Link, Albert N. · 1995 · Research Triangle Foundation of North Carolina

Albert N. Link's early history of Research Triangle Park, published in 1995 by the Research Triangle Foundation of North Carolina. Topics include research parks, research institutes and industrial research in the state, with the park's own history at the center. 149 pages with illustrations and maps.

The recipe : have a seat at our table

Council, Annette Marie · 2005 · NP Press

Annette Marie Council's book about her family and Mama Dip's Country Kitchen, the Chapel Hill restaurant, published by NP Press in 2005. Subjects include African Americans in Chapel Hill, the restaurant's history and family biography. Fourteen introductory pages and 223 pages of text with illustrations, part local history and part family account.

Show 6 more

From seed to harvest

Link, Albert N. · 2002 · Research Triangle Foundation of North Carolina

Albert N. Link's history of the Research Triangle Park, the research park founded to draw on the universities at Chapel Hill, Durham and Raleigh, published in 2002 by the Research Triangle Foundation of North Carolina in 278 pages with illustrations. Topics include research parks, research institutes and industrial research in North Carolina and the history of the park itself.

Many Missions: Research Triangle Institute's First 31 Years

Larrabee, Charles X. · 1991

Charles X. Larrabee's history of the Research Triangle Institute over its first thirty one years, published in 1991. Topics include research institutes and research parks in North Carolina and the history of Research Triangle Park, the research district that lies between Chapel Hill, Durham and Raleigh.

Brain magnet

Cummings, Alex Sayf · 2020

Alex Sayf Cummings's 2020 book on the knowledge economy of the Research Triangle, technology research and the history of Research Triangle Park. Chapel Hill and its university form one corner of the Triangle.

Bright leaf culture and Thomas Day : Orange and Caswell counties

Vernacular Architecture Forum (U.S.). Conference (2016 : Durham, N.C.) · 2016 · Vernacular Architecture Forum

A tour guidebook prepared for the 2016 Vernacular Architecture Forum conference in Durham, leading visitors through buildings in Orange and Caswell counties. It takes in the architecture of the bright leaf tobacco economy and the work of Thomas Day, the free Black cabinetmaker of Caswell County who worked in the middle of the nineteenth century.

UNC

I raised my hand to volunteer : students protest in 1960s Chapel Hill.

2007 · University of North Carolina at Chapel Hill

Account of student protest in 1960s Chapel Hill, published by the University of North Carolina at Chapel Hill in 2007 with illustrations. It draws together the civil rights movement and segregation in the town, discrimination in restaurants, academic freedom and university autonomy, protest against the Vietnam War, Students for a Democratic Society and the Black Student Movement on campus.

UNC

James J. Freeland

Freeland, Maxine · 1999

Maxine Freeland's biography of James John Freeland (1918-1999), a Hillsborough man of the twentieth century, compiled in 1999.

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