ARLINGTON, VA – Arlington’s food truck fight has stepped up a notch. Law firms are being recruited to help food truck vendors fight citations for staying in one spot longer than one hour.
At issue is a citation received by Seoul Food for violating the 60 minute rule, which police began enforcing over the summer. As noted in a CATO Institute post last week, the food truck owner told police he had moved to a different spot after one hour, but the ticketing officer didn’t believe the truck had moved far enough from its original position.
The Arlington-based Institute for Justice (901 N. Glebe Road) became involved after some of its workers heard about the legal issues while stopping at a food truck for lunch one day. They thought it fit perfectly into the organization’s National Street Vending Initiative, which aims to foster conditions that allow food trucks to thrive.
“We’ve been fighting on behalf of vendors across the nation and wanted to find a way for them [Seoul Food] to continue earning an honest living,” said Institute for Justice (IJ) attorney Robert Frommer, who also represented Arlington doggy daycare business Wag More Dogs in its unsuccessful fight against Arlington’s sign regulations.
Because it’s a criminal matter, the IJ didn’t take on the case itself, but instead requested assistance from law firms in the D.C. metro area that might be willing to work on the case pro bono. Frommer said a number of firms have come forward to assist Seoul Food, and possibly other vendors that may be in a similar situation.
Besides fighting the citations, the goal is to work with Arlington County to change the 60 minute rule.
“Food trucks give people with big dreams, but not a lot of capital, a chance to work hard and succeed,” said Frommer. “They do that in a way that benefits the community. Arlington County should recognize that and rescind its one hour rule so food trucks can continue to thrive and serve the community.”
Frommer said workers at IJ believe the 60 minute rule is unconstitutional.
“The 60 minute rule furthers no legitimate government interest in safety. All it does is make the lives of vendors difficult and prevents them from being able to succeed,” he said. “It’s the government’s job to regulate health and safety, but it’s not the government’s job to pick winners and losers. That’s the job of consumers.”
Find the entire article by Katie Pyzyk at arlnow.com <here>