A Milwaukee food truck owner has filed a lawsuit against the City of Milwaukee over the food truck curfew recently approved by the Common Council.
The ordinance, which was passed unanimously in late April, requires food trucks downtown to close by 10 p.m., and it is set to go into effect at 10 p.m. this Saturday.
The measure was passed in an effort to curb violence on Water Street.
The Wisconsin Institute for Law and Liberty (WILL) filed the lawsuit on behalf of Abdallah Ismail, the owner of The Fatty Patty food trucks.
The lawsuit argues that the ordinance violates Article I, Section 1 of the Wisconsin Constitution by interfering with Mr. Ismail’s right to earn a living. It also claims that the ordinance denies equal protection under the law by arbitrarily treating food trucks differently than other bars and restaurants.
WILL Associate Counsel, Kirsten Atanasoff, stated, “The City of Milwaukee’s ordinance is an unlawful attack on good, honest small businesses like those run by Abdallah Ismail, owner of the beloved Fatty Patty food trucks. By aggressively limiting hours of sale while simultaneously keeping brick and mortar restaurants open, the city is violating the rights of our client."
Milwaukee Alderman Robert Bauman, who sponsored the ordinance, has released this statement in response to the lawsuit:
"Our city attorney reviewed and certified that the ordinance was legal and enforceable. It is part of the file. The city attorney reviews and certifies all ordinances. Beyond that I will not comment on the merits. I will leave that to our attorneys. I have no plans to introduce any files to amend the ordinance."
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