October 29, 2018
In June, two Louisville, Kentucky, food truck operators, working with the Institute for Justice, were able to strike down a city vending rule designed to prevent them from operating near restaurants.
The rule prohibited food trucks from operating within 150 feet of an establishment selling similar food, "similar" being entirely open to a restaurant's interpretation, according to a commentary published by Forbes.
Now, the council is considering a new ordinance that would prevent food trucks from operating in metered parking spaces, within 1,000 feet of a hospital or outside of "mobile vending zones." Moreover, the proposed rule would require trucks to relocate every 10 minutes.
Institute of Justice attorney Arif Panju has sent a reminder to the council of the agreement signed in June and approved by a federal judge in which the city pledged not to impose "special burdens" on food trucks, and to allow them the same ability to conduct business as any other commercial vehicle operator.
The commentary pointed out that the council was already in violation of the agreement, having failed to post it to the city website, as required.