Urban public marketplaces in Global South cities host a vibrant mix of retail and wholesale trade. Yet local-to-national governments increasingly promote sanitized and privatized urban spaces by privileging modern retail outlets (malls and supermarkets) and discouraging “traditional” livelihoods (street vending and market stalls). These political decisions dramatically disrupt the public market trade that has provisioned urbanites for decades. To address this issue, this article analyzes how retailers working in the renowned Baguio City Public Market, northern Philippines, sustain their livelihoods given that Baguio City’s first phase of market redevelopment failed to meet their needs (e.g., insufficient store size and banning enterprises). Problematizing legal–illegal work and urban public space use, I argue that public marketers engage everyday and insurgent public space activism to protest their disenfranchisement. Although marketers generally have achieved selected demands, some have benefited more than others. Thus, I suggest that we consider not only marketers’ resistance but also the uneven political landscape within which they work—the power differentials among and between marketers and the state. The extent to which variously positioned marketers can realize livelihood rights highlights the unpredictability of civic engagement and “extralegality” when competing
ideologies clash over access to urban public space, legal–illegal practice, and appropriate urban provisioning.
Since the 1970s, in the Philippines, increasing rural to urban migration and a lack of income-generating employment have led to new forms of livelihood characterized by complex intersections of formal/informal and legal/illegal work and public space use. This paper uses Baguio City’s new Harrison Road Night Market to argue that both street vendors and city officials are complicit in reconfiguring informality and legality as urban organizing logics—unmapping and remapping urban public space and livelihoods to their mutual advantages—increased rental income for the city and viable jobs for vendors. To this end, street vendors use everyday and insurgent public space activism to secure their right to street-based work. Simultaneously, the municipal government,
variably tolerates, regularizes, or penalizes street trade as it gauges its potential to enrich city coffers. Such political-economic manoeuvering by both parties, moreover, also reveals insights about the intersection of different forms of power—that between vendors and the city, between vendor associations, and among vendors themselves. By successfully securing government permission to establish a “legal” used clothing night street market on Harrison Road, a main city artery, Baguio City’s previously marginalized street vendors visibly assert their legitimacy and rights to livelihood in arenas of power from which they have been largely excluded.
Polar: Political and legal anthropology review (2016)
Barenboim, D.
This article explores how indigenous migrants experience the sociopolitical and existential condition of “illegality” in the United States. Drawing on the experiences of Maya migrants from Yucat´an, Mexico, in the San Francisco Bay Area, I argue that the specter of state surveillance and the threat of law enforcement produce a particular politics of (im)mobility for indigenous migrants. This local politics of mobility takes form through spatial tactics of invisibility and visibility. Tracing migrants’ tactical maneuvers through public space, I show how their relations to space, place, and movement alter cultural sensibilities of tranquilidad (tranquility), and further instantiate “illegality” as a site of exclusion. This analysis of the experiential effects of anticipated surveillance provides a
deeper understanding of the power of the state to enforce migrant “illegality” even in cities that promise official sanctuary.
Urban Anthropology and Studies of Cultural Systems and World Economic Development (2006)
Peterson, M.
Privatized public space reflects a current moment in the ongoing negotiation of the relationship between the state and the market that is a central concern of liberalism. The configuration of this relationship has consequences for the nature of citizenship and democracy in theory and practice. Emblematic of a shift to the privatization of urban public space, California Plaza provides a case by which to examine the multiscalar interests and machinations of the neoliberal state in practice. Exploring the meanings of public and private that are produced by a corporate plaza enables an assessment of how privatized public space helps constitute contemporary citizenship. Institutional and legal frameworks serve as a foundation for the relative publicness of the corporate plaza. Techniques of exclusion and control through design features and security measures exclude errant bodies and regulate the seamlessness of the desired public. At the same time, counter practices indicate the emergence of spaces and subjects that destabilize presumed notions of public and private.
There are numerous ways in which people make illegal or unauthorized alterations to urban space. This study identifies and analyzes one that has been largely ignored in social science: explicitly functional and civic-minded informal contributions that I call “do-it-yourself urban design.” The research, which began as an investigation into more “traditional” nonpermissable alterations, uncovered these cases—from homemade bike lanes and street signs to guerrilla gardens and development proposals—that are gaining visibility in many cities, yet are poorly accounted for by existing perspectives in the literature. This article examines the existing theories and evidence from interviews and other fieldwork in 14 cities in order to develop the new analytical category of DIY urban design. I present findings on the creators of these interventions, on their motivations to “improve” the built environment where they perceive government and other development actors to be failing, and on the concentration of their efforts in gentrifying areas. This introduces the possibility of conflict and complicates their impact. I argue that DIY urban design has wide-ranging implications for both local communities and broader urban policy.
Journal of the American Planning Association (2007)
Jeremy Németh & Stephan Schmidt
Safety and security are essential components of urban public space management, particularly since September 11, 2001. Although security is necessary for creating spaces the public will use, making it a top priority is often criticized for restricting social interaction, constraining individual liberties, and unjustly excluding certain populations. This study examines legal, design, and policy tools used to exert social and behavioral control in publicly accessible urban spaces. Based on a review of the relevant literature and extensive site visits to spaces in New York City, we create an index that uses 20 separate indicators in four broad categories to quantify the degree to which the use of a space is controlled. Since comparable instruments do not exist, we propose our index be used to evaluate publicly accessible spaces. We suggest several potential applications useful in planning practice and for testing theories about public space.
INTERNATIONAL JOURNAL OF URBAN AND REGIONAL RESEARCH (2015)
Koch, R.
The socio-legal technology of licensing is one of the primary tools governments use to manage spaces and practices deemed risky or threatening to public order. Licensing requirements thus play a crucial role in shaping routine experiences in public space as well as the trajectories of emerging forms of public life. Yet licensing laws have largely been ignored in critical urban scholarship: too often concerned with the interpretation and critique of popular practices and public spaces, the mundane operations of urban governance are often left to practitioners and policy researchers. This article demonstrates how paying closer attention to licensure can provide valuable and unexpected insights into matters of social equality, urban amenity and economic opportunity. It does so through a comparative inquiry into practices of street food vending in New York City, Seattle, and Portland, Oregon. Drawing on ethnographic study and interviews, the article demonstrates how licensing can be involved in the production of quite peculiar and unjust geographies of practice, but also how shifts in popular culture can force a reconsideration of taken-for- granted laws. In conclusion, it is argued that a focus on licensing offers a productive pathway for new forms of critical urban research and provides a potential point of leverage in efforts to configure better and more democratic forms of urban public life.
The article focuses on the relationship between street vendors and local authorities in Bangkok. We examine the goals, the means, and the effects of everyday regulation of street vending. We document how the district administration produces and maintains informality by creating a parallel set of rules where street vendors enjoy negligible rents and little competition. We provide detailed empirical evidence on earnings, rents, fines, and rules regarding commercial real estate. The district administration’s policy of “managed informality” results in a situation where more established informal vendors control less established ones. We hypothesize in the conclusion that the district administration’s parallel legal system adjusts to the population’s expectations in a political system where the law has little popular support.
Residential neighbourhoods developed using various techniques in Kathmandu by both the public and private sectors have not only provided a poor urban setting and failed to address socio‑cultural needs, but are also poor at building a community and creating links to the built environment, with the result that the planned areas lack a sense of place and the inhabitants lack a feeling of home. Although traditional neighbourhoods in the historic core area had many features of a good residential neighbourhood in the past, they are currently undergoing rapid destruction. The residents of these neighbourhoods have little awareness of these issues. The existing legal and institutional frameworks are inadequate and ineffective and cannot address these problems, and so the formulation of design guidelines, their strict implementation, and enhancement of socio‑cultural events including social networking are recommended for future residential neighbourhood development.
Against a backdrop of widespread panic about children's safety and the unruliness of teenagers, efforts to remove young people from public space are becoming increasingly pervasive. Public space is being constructed as adult space through legal mechanisms such as curfews, which seek to curtail young people's spatial freedoms and contain them within their homes. Ostensibly motivated by a desire to reduce youth crime and victimisation, curfews reflect a contemporary preoccupation with achieving social control through the control of space. This is certainly the case in the US – the Western nation where juvenile curfews are most prevalent, despite rhetoric about the `fundamental' nature of individual freedoms. In this paper, critical discussion of the American situation provides a backdrop for considering curfews recently imposed in Paeroa and Te Kuiti, two New Zealand towns. It is contended that these curfews were as much about enforcing a particular notion of `parental responsibility' as controlling young people themselves. We conclude that a discourse of rights provides a particularly strong foundation for arguing against curfews.
International Journal of Urban and Regional Research (2011)
Parlette, V., & Cowen, D.
An entire category of urban space, albeit hardly recognized as such, is disappearing across North America. As retail logistics globalizes and big-box power centres replace enclosed shopping malls from the postwar era, a distinct form of social infrastructure vanishes as well. ‘Dead malls’ are now a staple of North American (sub)urban landscapes, and have provoked local activism in many places. But despite popular concern for the demise of mall space, critical urban scholarship has largely sidelined the phenomenon. Much of the disjuncture between popular outcry and academic silence relates to conceptions of ‘public’ space, and specifically the gap between formal ownership and everyday spatial practice. Spatial practice often exceeds the conceptions of designers and managers, transforming malls into community space. This is particularly true in declining inner suburbs, where poor and racialized communities depend more heavily on malls for social reproduction as well as recreation and consumption. In this article we investigate the revolution in logistics that has provoked the phenomenon of ‘dead malls’ and the creative activism emerging that aims to protect mall space as ‘community space’. Taking the case of the Morningside Mall in an old suburb of Toronto, we investigate the informal claims made on mall space through everyday spatial practice and the explicit claims for community space that arise when that space is threatened. We argue that many malls have effectively become community space, and activism to prevent its loss can be understood as a form of anti-globalization practice, even if it never employs that language.
The policing of the anti-poll tax campaign allows an insight into how protest is incorporated. Protestors were both accommodated and coerced as police sought to balance various threats of 'trouble.' Concessions and overt assistance were offered as a means of 'winning over' the protest organizers, whilst legal conditions were imposed to ensure that any threat of disorder was contained. This analysis suggests that notions of an ubridled shift towards a more confrontational style of policing in the wake of the Public Order Act are unfounded. It illustrates the relationship between institutional and interactional social processes, for institutional considerations limit the police's room for manoeuvre, whilst low-level decisions by police officers themselves have implications for those institutions.
During the last two decades the literature on public space has registered the emergence of alternative forms of pubic space provision that depart from the traditional model of direct state ownership and management. The picture that emerges is a complex one, not so much one of privatization, but instead one of complex redistribution of roles, rights and responsibilities in public space governance to a range of social actors beyond the state. This paper discusses an approach to understanding the forms of publicness implicit in alternative forms of public space governance. Issues of rights, access, accountability and control could be examined in public space governance arrangements based on contracts, legal agreements and performance management mechanisms involving private and voluntary entities instead of the traditional public sector processes of policy delivery and accountability. The paper proposes a framework for investigating how ‘publicness’ is constructed and maintained through these arrangements.
Through a case study based in Bristol, this article explores how the law of place' has transformed multiple heterogeneous city centre spaces into a single homogeneous and commodified privately owned retail site. Drawing on de Certeau, Lefebvre, and humanistic geographers including Tuan, the article explores how law facilitates spatial and temporal enclosure through conventional understandings of private property, relying on techniques of masterplanning, compulsory purchase, and stopping up highways. It suggests that the law of place draws on binary spatial and conceptual distinctions to apparently separate places from spaces, applying different legal rules either side of an often invisible boundary line. The article questions this legally facilitated spatial and conceptual enclosure, particularly as it restricts spatial practices within the public realm. It concludes by rejecting an urban 'right to roam' as insufficiently transformative, calling for a broader interpretation of Lefebvre 's 'right to the
Following the distinction proposed by Banton, police work consists of two relatively different activities: "law enforcement" and "keeping the peace." The latter is not determined by a clear legal mandate and does not stand under any system of external control. Instead, it developed as a craft in response to a variety of demand conditions. One such condition is created by the concentration of certain types of persons on skid-row. Patrolmen have a particular conception of the social order of skid-row life that determines the procedures of control they employ. The most conspicuous features of the peace keeping methods used are an aggressively personalized approach to residents, an attenuated regard for questions of culpability, and the use of coercion, mainly in the interest of managing situations rather than persons.
Within the International debates about the roles and relevance of planning and architecture, urban design is trying to find its place and clarify its contribution to city making. The products and the practice of urban design vary significantly in different global and socio-economic contexts and in relation to varying theoretical foundations. In South Africa, as in other developing countries, urban design is only beginning to feature as a valid mainstream concern within city development and among built environment practitioners. This paper presents the case of the City of Cape Town’s Dignified Places Programme as an example of implementation-focused urban design undertaken in a context where the conscious design and management of the public realm does not feature on the agendas of cash-strapped, basic needs-focused local government. The design and construction of new public spaces is the focus of this programme, but a parallel objective is to place the central concern of urban design – the quality of the public environment – squarely on the agenda of local government in Cape Town. The paper outlines the urban context in which it is being implemented sketches the issues that prompted its initiation and traces its theoretical origins focusing on the linkages between this theory and practice. The paper gives an account of the origins, objectives and strategy as well as the design principles that directed the form and location of the projects in the Programme. The paper finally reflects on the key successes and challenges of the programme and attempts to tease out lessons for both the theory and practice of urban design.
Journal of the American Planning Association (1995)
Eran Ben-Joseph
In the 1970s, the Dutch city of Delft adopted a new residential street layout. Its fundamental concept was the antithesis of the notion of segregating pedestrians and vehicles. It emphasized integration of traffic and pedestrian activity as a positive principle for street planning. The shared street approach was later systematized by local agencies and given legal status by the national government. This new concept has drawn global attention, and similar street designs are appearing not only in Europe, but also in Japan, Australia, and Israel. The shared street concept's adaptability to different countries and societies reinforces its status as a valid, flexible choice for residential street layouts. Studies and surveys of shared streets in these countries have found considerable reductions in traffic accidents, increased social interaction and play, and a high degree of satisfaction by the residents. The available data and the successful implementation of the shared street in other countries can foster its acceptance in the United States. In particular, shared streets could be a workable alternative to the prevailing street layouts in new suburban subdivisions.
In the mid-1990s, New York City initiated what would prove to be a long, highly visible struggle involving rights claims related to property, housing, and public space in the form of community gardens. The competing discourses of rights were part of a struggle over the kind of city that New York was to become, and more specifically, whether it would be one in which difference is accepted and in which access to the city and the public realm would be guaranteed. Using interviews with participants in the conflict over community gardens, we evaluate how the resolution to the gardens crisis, which in part occurred through the privatization of what are often taken to be public or community rights to land, transform not only the legal status of the gardens but also, potentially, their role as places where different ‘publics’ can both exercise their right to the city and solidify that right in the landscape.
Residential neighbourhoods developed using various techniques in Kathmandu by both the public and private sectors have not only provided a poor urban setting and failed to address socio‑cultural needs, but are also poor at building a community and creating links to the built environment, with the result that the planned areas lack a sense of place and the inhabitants lack a feeling of home. Although traditional neighbourhoods in the historic core area had many features of a good residential neighbourhood in the past, they are currently undergoing rapid destruction. The residents of these neighbourhoods have little awareness of these issues. The existing legal and institutional frameworks are inadequate and ineffective and cannot address these problems, and so the formulation of design guidelines, their strict implementation, and enhancement of socio‑cultural events including social networking are recommended for future residential neighbourhood development.