While this lawsuit is ridiculous on the merits, it’s good to city city attorneys finally coming out to get it dismissed.
OMAHA, NE — Attorneys representing the city of Omaha say the city’s restaurant tax does not favor food trucks and a lawsuit challenging the tax should be dismissed.
The city’s legal department filed court documents Monday in response to a lawsuit filed in Douglas County District Court last month by restaurant owner Michael Henery.
Henery’s lawsuit says it’s not fair that food trucks don’t pay the 2.5 percent municipal restaurant tax. He also argues that parking regulations are not enforced against them. Henery claims the tax is unconstitutional and is seeking a $100,000 refund.
City attorneys pushing to dismiss the lawsuit argue that, among other reasons, the Nebraska Supreme Court previously found the tax to be constitutional in 2012 after legal challenges from two Omaha restaurants.City attorneys also argue that when the tax was authorized in 2010, food trucks had not been established yet so it could not have been the intent of the City Council to create a special privilege for food trucks.