This morning, a judge issued a temporary restraining order over Milwaukee's curfew for downtown-area food trucks. The temporary order will last until June 10.
Under the order, the city cannot enforce the ordinance passed unanimously by the Common Council last month, which creates a 10 p.m. curfew for food trucks in the downtown time-limited zone and 11 p.m. in Burnham Park. The current curfew in those zones is 1 a.m.
The order comes after Abdallah Ismail, the owner of The Fatty Patty food truck, filed a lawsuit against the city over the curfew.
The lawsuit, filed by the Wisconsin Institute for Law & Liberty on behalf of Ismail, argues the law violates the state constitution’s right to earn an honest living and equal protection provisions. Attorneys for WILL say the ordinance singles out food trucks while allowing brick-and-mortar bars and restaurants to serve the same late-night crowds.
City leaders say the curfew is aimed at reducing late-night violence on Water Street and around downtown. But food truck owners argue they are being unfairly targeted.
“It’s the busiest time for me,” said Abdallah Ismail, owner of The Fatty Patty and the lead plaintiff in the lawsuit. “Ten o’clock is the big time for the next round. That’s mostly when I make my money and cover our expenses.”
In the court filing, attorneys call the ordinance “a thinly veiled pretext for economic protectionism” that protects brick-and-mortar restaurants from competition.
Alderman Bob Bauman, who sponsored the ordinance, told TMJ4 News in an email the City Attorney reviewed and certified it as legal and that he has no plans to amend it. The City Attorney’s Office declined to comment because of the ongoing litigation.
The next hearing on this case will be on June 10.
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