There is no reason that cities have buffer rules other than to protect existing restaurant owners, and that is the basis of this lawsuit. The IJ has been successful in similar lawsuits (El Paso, TX) but in more urban communities (such as Chicago), there is usually more red tape to and bureaucracy in the way to get these unconstitutional laws reversed. We wish these vendors the best of luck and we’ll keep our eyes on this case and report back to you on its progress.
BALTIMORE, MD – The owners of two local food trucks have teamed up with the Institute for Justice to sue the city of Baltimore over a law they say impedes their businesses.
Joey Vanoni and Nikki McGowans, the owners of the Pizza di Joey and Madame BBQ food trucks, respectively, filed a suit in Baltimore City Circuit Court on Wednesday morning alleging a city law that prohibits food trucks from operating within 300 feet of a business that sells the same product violates their constitutional rights.
“The 300-foot rule has only one, illegitimate purpose: to protect existing brick-and-mortar businesses from competition,” the suit says.
McGowans and Vanoni are represented by Gregory Reed and Robert Frommer of the Institute for Justice, an Arlington, Va.-based firm that works on cases surrounding “economic liberty,” property rights, free speech and school choice.