No appeal means legal win for food truck owners who sued Jacksonville
The city of Jacksonville will not appeal an April court order favoring two food truck owners and a property owner who sued the city over its food truck rules.
A judge on Monday awarded food truck operators and one property owner nominal damages totaling $12 and court costs, in Proctor v. City of Jacksonville, signaling a win for economic liberty claims even as the court declined to directly rule on the constitutionality of the now-repealed ordinances, the plaintiffs’ attorney said.
North Carolina's second-highest court has revived a lawsuit challenging city restrictions on the right to earn a living.
The state Supreme Court's recent Ace Speedway ruling is influencing other plaintiffs pursuing lawsuits based on economic liberty.
Most clients in food truck lawsuits operate trucks themselves. A new suit in Jacksonville features a plaintiff barred from hosting a food truck on her private property.
In 2019, barbeque pitmaster Mark Shirley of Walstonburg decided to test his entrepreneurial skills by launching his own food truck business, Ole Time Smokehouse. If he succeeded, he thought, he might eventually expand into a brick-and-mortar restaurant. Ole Time Smokehouse was indeed a hit, as Shirley built up a base of loyal customers in and...
The capital city could learn a lesson about economic freedom from a neighbor down the road.
RALEIGH — Five months after state lawmakers passed a law freeing food truck owners from a regulation that required them to rent space in a restaurant or commissary, no food truck operator has taken advantage of it. The Mobile Food Vendors Association said most don’t know about the new law, and the few who do have been thwarted by their local health departments.
RALEIGH — Until now, the “commissary rule” had forced food truck operators either to rent space in brick and mortar restaurants or commissaries or to buy their own restaurant-quality kitchens to serve as home bases for their mobile businesses. For many would-be entrepreneurs, the commissary rule is an impossible hurdle to jump.
RALEIGH — The new rules ban food trucks that are within 100 feet of existing restaurants, allow no food truck "rodeos," and require operators to gain the permission of private parking lot owners before trucks can set up.
RALEIGH — Current city ordinances allow a food truck operator to apply for a permit to operate at “special events,” but there’s no provision allowing the trucks to sell their wares routinely on city streets or in parking lots.