I was a bit surprised at this result when I saw this story hit the wire. The state of New York clearly prevented The Wandering Dago from operating based on their food truck business name. I guess this is another instance of political correctness hitting the food truck industry because someone’s feelings were hurt over a food truck name. I suppose the next step will be a requirement for “safe spaces” at food truck events in case someone is “triggered.”
ALBANY, NY – A federal judge has dismissed a lawsuit challenging the state of New York’s decision to ban a food truck from a vendor program because its name was an Italian slur.
U.S. District Judge Mae D’Agostino of Albany tossed the suit in a decision on Tuesday, the Wall Street Journal Law Blog reports.
Truck owners Andrea Loguidice and Brandon Snooks had alleged the state violated their First amendment rights when it refused to allow their “Wandering Dago” food truck to park outside New York’s statehouse. They have said the name is a “playful reference” to their Italian heritage.
D’Agostino said the case did not “fit cleanly within any of the existing First Amendment jurisprudence,” so she would analyze it under cases governing government forums, employee/contractor speech, and government speech. “Whatever the appropriate analysis,” she wrote, “the end result is the same”—there was no First Amendment violation.
Find the entire article at abajournal.com [here]