Food truck owners to sue Wisconsin town over food truck ban

Attorneys for the Institute for Justice are planning to sue the town of Gibraltar, Wisconsin, over its food truck ban on behalf of a local food truck, according to the Green Bay Press Gazette. The institute filed a claim on behalf of White Cottage Red Door in May asking the town to rescind its food truck ban, which the town supervisors denied in late August.

Robert Frommer, the senior Institute for Justice attorney, said Wisconsin law protects business partners' rights to sell food out of a food truck, and the state's courts have struck down lesser attempts by cities to impose additional requirements on licensed businesses.

Richard Skare, chairman of the Gibraltar town board, said the town has the right to regulate transitory businesses, such as food trucks. 

When the owners of White Cottage Red Door, a retail store, placed the food truck in their own parking lot, they were advised by a town constable they were violating state law. There is also a $500 daily fine for operating the truck.

Topics: Food & Beverage, Independent Operators, Legal Issues, Policy / Legislation / Regulation

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