The coldest Food Truck Thursday of the season fell on the week of a disappointing court ruling upholding key provisions of the city's food truck ordinance. We consoled ourselves with a return bite from the Carnivale truck that came to upper Columbus.
The lawsuit challenged two provisions in the law: a requirement that food trucks use a city-monitored GPS tracking unit and a rule to remain at least 200 feet away from fixed food establishments. The Circuit Court Judge rule against so the provisions stand.
Chicago Business Journal, Dec. 5, 2016 -
CHICAGO'S FOOD TRUCK RULES UPHELD IN COURT
http://www.bizjournals.com/chicago/news/2016/12/05/chicagos-food-truck-rules-upheld-in-court.html
A Chicago food truck owner's bid to overturn regulations of mobile vendors fell short Monday morning when a Cook County Circuit judge upheld key provisions of the city's food truck ordinance.
Laura Pekarik, owner of Cupcakes for Courage, had originally filed suit in 2012, arguing that Chicago's food truck regulations were unconstitutional and unfairly targeted mobile vendors to the benefit of brick-and-mortar restaurants.
Pekarik's suit challenged two provisions in law: a requirement that food trucks use a city-monitored GPS tracking unit and a rule to remain at least 200 feet away from fixed food establishments.
Libertarian-leaning nonprofit the Institute for Justice, which represented Pekarik in the case, claimed the rules violated the Due Process clause of the Illinois Constitution because they did not further a legitimate government purpose and were enacted solely to protect brick-and-mortar restaurants from competitors.
Circuit Court Judge Anna Helen Demacopoulos disagreed, ruling that both requirements were constitutionally sound under Illinois law. She said state law allows Chicago officials to "balance" competition within city borders, the Chicago Tribune reported.
A third provision in the ordinance, that that food trucks may not park in any space for more than two hours, was not challenged in the lawsuit.
The Institute for Justice said Monday it will appeal the decision within 30 days, the Tribune reported.
"The food truck industry will survive, it will thrive, just not in the city of Chicago," said Institute for Justice attorney Robert Frommer.
