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Institute for Justice urges Nampa to reject food truck ordinance

Photo: Adobe Stock

November 6, 2026

Institute for Justice, a public interest law firm is urging the Nampa City Council i Idaho, to reject a proposed food truck ordinance set for a vote Monday, arguing several restrictions violate state and federal constitutional protections, according to a press release.

It sent a letter to city leaders requesting the removal of rules it characterizes as unconstitutional protectionism designed to shield traditional restaurants from competition.

Under the proposed ordinance, current permits would be replaced with a single Mobile Food Vendor license aimed at keeping vendors truly mobile. Key provisions include:

  • Banning operating hours outside 9 a.m. to 11 p.m. and prohibiting overnight parking.
  • Banning drive-thrus, portable signs, outdoor seating and umbrellas.
  • Capping private parking lots at one food truck without a $350 conditional use permit and requiring written neighbor consent for operations on public land.

Senior Attorney Justin Pearson criticized the government for attempting to "pick winners and losers," while City Policy Coordinator Zoe Tishaev offered IJ's assistance to rewrite code focused purely on health and safety.

Local vendors say the rules threaten their livelihoods. Rae-Ann Stine, co-owner of coffee trailer The Perking Spot, noted that a 9 a.m. start time eliminates her primary sales window. Mike Ashton, operator of Karie Anne's Italian Ice and Custard, warned that the overnight parking ban and utility hookup restrictions would force his business to relocate outside Nampa.





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