MILWAUKEE — A Milwaukee County judge on Friday temporarily halted enforcement of a new city ordinance that would have restricted late-night food truck hours on Water Street and at Burnham Park, marking a win for vendors who say the curfew would cut into their peak business hours.
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The ordinance, approved unanimously last month by the Common Council and signed by Mayor Cavalier Johnson, would have required food trucks on Water Street to close by 10 p.m. and those at Burnham Park to close by 11 p.m., beginning Saturday.
WATCH: A Milwaukee judge temporarily halted a food truck curfew, marking a win for vendors
The lawsuit challenging the ordinance was filed by the Wisconsin Institute for Law and Liberty on behalf of Abdallah Ismail, owner of The Fatty Patty food truck on Water Street.
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Food truck owner Jennifer Martinez of Burnham Park joined him in opposing the restrictions.
Martinez said she was relieved when the judge extended the pause far beyond the five days they initially sought.
"This is exactly what we were aiming for, and we’re happy that we got a quick response right before it took into effect tomorrow," Martinez said. "We were sitting in the back. We were all smiling."
The judge’s order will keep the curfew from taking effect for more than a month, giving vendors time to compile evidence and prepare their case ahead of a June 10 motion hearing.
Ismail said vendors are not the cause of the problems city leaders are citing.
"We have enough evidence that shows that we’re not related to any violence there," Ismail said. "We’re going to work together to get as much evidence … [this] benefits all of us, and we have each other’s backs."
In court Friday, Assistant City Attorney Joshua Cronin defended the ordinance as a public safety measure targeting crowd-related violence.
"The phenomenon is tied to the people who are congregating near the food trucks," Cronin told the court. "MPD, through the testimony we anticipate offering, will show that there is a very rational and clear basis for this ordinance."
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Cronin says they plan to present police testimony to support their claim that late-night food trucks attract large, sometimes unruly crowds in areas with a history of violence.
The Milwaukee School of Engineering, whose campus sits near Water Street, issued a statement backing the ordinance while recognizing concerns from vendors.
"Milwaukee School of Engineering is committed to the safety and well-being of our campus community and our surrounding neighborhood. We are grateful for the support and leadership of District 4 Alderman Robert Bauman … and appreciate the entire Common Council and Mayor Cavalier Johnson for approving this legislation.
"We recognize that these measures have generated strong reactions from members of the community, particularly small business owners. Food trucks contribute to the vibrancy and character of the neighborhood … At the same time, ensuring a safe late-night environment adjacent to our campus remains our highest priority."
Martinez said business slows during the day and most of her sales happen after 8 p.m. She worries that if the ordinance is upheld after the June hearing, she may have to close during the hours when she makes most of her revenue.
"It would have been a huge impact if I would have had to close by tomorrow," she said. "After 8 p.m. is when people start arriving up until 1 a.m. … maintaining a business is not as easy as people would think it is."
For now, vendors can continue operating under their current schedules. The coming weeks will see both sides building their cases on whether the ordinance should remain in place or be struck down.
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