News

Louisville, Kentucky food trucks sue city over restrictions

July 6, 2017

A pair of Louisville, Kentucky, food truck owners have followed through on their previously reported plans to join with the Institute for Justice to sue the city over its law prohibiting food trucks from operating within 150 feet of a brick-and-mortar restaurant selling similar food, according to reason.com.

The plaintiffs are seeking a permanent injunction on the 150-foot ban and $1 in damages.

The law allows food truck owners to operate close to a restaurant only if they get written permission from their brick-and-mortar competition, permission that can be revoked at any time. As a result, much of the city is marked with "no food trucks" signs.

Brandon Coan, who worked as a policy adviser for Louisville-Jefferson County Metro Government, said he is willing to take another look at the ordinance.

Troy King, owner of Pollo and Robert Martin, owner of Red's Comfort Food, said the law is not reasonable. Martin got a ticket in front of customers for violating the 150-foot rule. When he claimed his food was different from what was served in nearby restaurants, he was told that a common food item, bread, was cause for the ticket. He no longer operates downtown.

King said city inspectors threatened to tow his truck because he was too close to a cafeteria-style restaurant serving chicken. King said he was 150 feet away from the front door, but was still forced to move because of his proximity to the restaurant's basement entrance.