Mariza Ruelas spoke about police targeting her in an investigation of a Facebook group that members used to share recipes, organize potlucks and sell dishes

This article is more than 3 years old

This article is more than 3 years old

A single mother could face three years in jail in California for selling homemade ceviche and chicken stuffed fried avocado on Facebook after law enforcement conducted an undercover operation and accused her of running a food business without a permit.

The story of Mariza Ruelas’ charges has gone viral since the Stockton woman spoke out about police targeting her in an online investigation of a local Facebook group that members used to share recipes, organize potlucks and sell dishes.

Facebook banning private sale of firearms on social network Read more

The misdemeanor charges of “operating a food facility without a valid permit” and “engaging in business without a permit to sell” have drawn widespread criticisms of California police and health inspectors and raise fresh questions about how law enforcement agencies use social media for surveillance.

“It’s unbelievable,” Ruelas, 37, told the Guardian by phone on Monday. “They could be standing on the corner catching real criminals or drug dealers. It’s crazy that they’re sitting at a desk behind a computer ordering food.”

Prosecutors offered Ruelas a deal in which she would have been forced to plead guilty and complete 80 hours of community service, she said.



The mother of six, who first told her story to local news station Fox40, refused to accept the plea bargain, which means her case is heading to a trial.

Facebook Twitter Pinterest Mariza Ruelas said she sold her signature chicken stuffed fried avocado dish to try and raise money for her legal costs. Photograph: Courtesy of Mariza Ruelas

Ruelas said she helped run the 209 Food Spot group on Facebook, which is named after Stockton’s area code.

In December, someone who contacted her through the group asking for ceviche turned out to be an undercover San Joaquin county investigator who conducted a “sting” on behalf of the district attorney’s office.

She and five other users of the page faced citations for two misdemeanors, but Ruelas was the only one to refuse to sign a plea deal. She said she would be happy to do community service and pay a fine, but she didn’t want a misdemeanor on her record.

San Joaquin County deputy district attorney Kelly McDaniel told the Guardian that Ruelas used the page to sell food after her initial arraignment, resulting in a total of four counts that add up to a maximum of three years and a possible fine of more than $10,000.

Ruelas said she sold her signature chicken stuffed fried avocado dish to try and raise money for her legal costs.

They could be standing on the corner catching real criminals ... They’re sitting at a desk ordering food Mariza Ruelas

“This was an issue about health and safety,” McDaniel said. “We’re not going to wait until someone dies or gets ill from someone’s food to charge them.”

McDaniel said the government sent the 209 Food Spot group a warning, but Ruelas said she never received any notice until she was charged.

The mother, whose children are between the ages of six and 19, said she was particularly upset given that she felt local police had done a bad job handling a case involving her brother, who she said was killed by a drunk driver. She also noted that Stockton is considered one of the most dangerous cities in the US.

“My family has had things happen to us where we needed the justice system on our side, and it wasn’t,” she said. “Why should I do a day in jail for this?”

Facebook Twitter Pinterest In December, someone who contacted her through the group asking for ceviche turned out to be an undercover San Joaquin county investigator. Photograph: Courtesy of Mariza Ruelas

Ruelas said her children have become frightened at the prospect of her going to jail, and she said she has had trouble sleeping as her many court dates continue.

The Facebook group, which she doesn’t use any more, was designed to build community, Ruelas added.

“It helped a lot of people in a lot of ways. The purpose wasn’t to get rich.”

Is this a photo of Bill Murray or Tom Hanks? The internet can't decide Read more

When it comes to more serious public safety concerns about questionable transactions taking place on Facebook, police and the social media corporation have had difficulties going after users.



While Facebook banned the private sale of firearms earlier this year, reports have found that the flow of guns on the site has continued.

Critics have also lamented that Facebook and law enforcement have been slow to respond to threats and harassment that have become commonplace on the platform.

Facebook has recently encouraged local trade and commerce – similar to the activities taking place on 209 Food Spot – with the introduction of a new classified ad service designed to compete with Craigslist and eBay.

Facebook’s community standards bar users from impersonating people, but it’s unclear if the undercover investigator had a fake account.

The site’s commerce policies also allow for food sales, but the terms of service require people to comply with local laws.

A Facebook spokesman declined to comment.