December 21, 2017
A judge ruled that Baltimore's ban on food trucks operating within 300 feet of a brick-and-mortar restaurant with a similar product is too vague to enforce, according to The Baltimore Sun.
Baltimore City Circuit Court Judge Karen Friedman made the ruling in response to a May 2016 lawsuit brought by food truck owners who claimed the rule unconstitutionally prevented competition and put them at an economic disadvantage.
The case went to trial in September.
Friedman said that it was not unconstitutional for the city to regulate food trucks, but that the rule is so vague that enforcement is likely to be subjective and arbitrary until it becomes clarified by amendments.
Robert Frommer, an attorney at the Institute for Justice, which represented the owners of Pizza di Joey and Mindgrub Cafe, said that while the decision is a victory for Baltimore food trucks, they will appeal it because it does not go far enough to protect food truck operators.