MILWAUKEE — A Milwaukee food truck owner has filed a lawsuit against the city over a new ordinance that will require late-night vendors to shut down hours earlier.
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The ordinance, passed unanimously by the Common Council last month, 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.
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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.”
The lawsuit, filed by the Wisconsin Institute for Law & Liberty, 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.
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“Individuals have a right to earn an honest living under the Wisconsin Constitution, and when the government acts arbitrarily and irrationally, as it does here, that infringes on that right,” said Kirsten Atanasoff, associate counsel for WILL.
In the court filing, attorneys call the ordinance “a thinly veiled pretext for economic protectionism” that protects brick-and-mortar restaurants from competition. The lawsuit asks a judge to declare the ordinance unconstitutional and to grant an emergency temporary restraining order to prevent it from taking effect.
Watch: Food truck owner sues City of Milwaukee over downtown curfew
If the ordinance remains intact after Saturday night, food trucks in downtown will have to shut down right when many vendors say their busiest hours begin. Vendors would be forced to either move to other areas or close entirely during peak demand, potentially causing a major drop in revenue and layoffs for staff. Attorneys with WILL say they will continue fighting the curfew even if the emergency order is denied, including seeking intervention from a supervisory court.
Dave Sluss, owner of Dave’s Dawgs near Fiserv Forum, supports the lawsuit.
“It’s my business, my livelihood. It’s going down,” Sluss said. “I have other locations, but nothing like downtown. We’re not the problem. We’re helping the entertainment district. Food doesn’t equal violence.”
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.
A scheduling conference in the case is expected Friday morning at the Milwaukee County Courthouse. If the court does not act, the new curfew will go into effect Saturday night.
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