The News: The Milwaukee Common Council unanimously voted to rescind a food truck ordinance that forced food truck owners to close their business at 10:00 p.m., during peak business hours. The mayor recently made that action official.
After WILL filed suit in May, a Milwaukee County Circuit Court judge issued a temporary restraining order blocking the city from enforcing the curfew before it ever took effect. Now with the repeal, food trucks have more peace of mind that their livelihood can continue.
The Quote: WILL Associate Counsel, Kirsten Atanasoff, stated, “This is a win for Milwaukee small businesses trying to make an honest living for themselves, their families, and their employees. Food truck owners don’t have a lobby or friends in City government to fight for them. Without WILL stepping in, they would have had nowhere to turn when their businesses were unfairly targeted by the city. WILL is proud to fight for the right to make a living and we will continue working to limit arbitrary government overreach at all levels.”
Our Client: Plaintiff Abdallah Ismail owns and operates The Fatty Patty. The Fatty Patty serves gourmet, made-to-order burgers across five locations in the greater Milwaukee area. One of those locations is a food truck on Water Street. With lower barriers to entry than traditional brick-and-mortar restaurants and more flexibility to go to where customers are, the food truck business offers an attractive option for individuals looking to share their specialty cuisine with their communities and to serve a diverse clientele.
Food truck owners told city leaders that 70 to 80 percent of their sales come between 10:00 p.m. and 1:00 a.m. The curfew would have effectively shut them down, while bars and restaurants on the same streets stayed open.
Dining and Cooking