Food Trucks Sue Louisville law that restricts their locations

[martybegan]

Louisville Food Trucks Sue to End City’s Corrupt Bargain with Restaurant Lobby - Institute for Justice

Should Louisville fine and tow its food truck scene out of the city just to protect brick-and-mortar restaurants from healthy competition? That is the question raised in a new federal lawsuit filed today in the U.S. District Court for the Western District of Kentucky by two local food truck owners—Troy King of Pollo and Robert Martin of Red’s Comfort Foods—and the Institute for Justice (IJ).

The lawsuit aims to overturn the Derby City’s ban on food trucks selling their delicious products within 150 feet of any restaurant that sells similar food—even on private property. Because of the 150-foot proximity ban, food trucks cannot work in large swaths of Louisville without first obtaining written permission from their restaurant competitors. But even if a restaurant grants permission, it can revoke that permission at any time without notice. Worse still, restaurants can and have forced nearby food trucks to shut down by strategically adding similar food items to their menus.

While I can understand the concerns of the traditional restaurants and sandwich shops have about the competition, the law to me seems grossly tilted towards stifling all trucks from competing. The city can regulate food trucks, but this is as close to a de facto ban as one can get.

The similar food thing also seems shady to me, particularly when a restaurant or store just adds items similar to the food truck items to make them move away.

 

[flacaltenn]

Go IJ.. Doing more for the working people than the ACLU ever intends to do...

 

[rightwinger]

Worse still, restaurants can and have forced nearby food trucks to shut down by strategically adding similar food items to their menus.


I can understand how a hamburger restaurant does not want someone selling cheaper hamburgers from a nearby street. But this seems like a way to ban food trucks entirely

I have seen many cities set up food truck plazas with shared picnic tables. They become a destination for diners looking for something different

 

[martybegan]

Worse still, restaurants can and have forced nearby food trucks to shut down by strategically adding similar food items to their menus.


I can understand how a hamburger restaurant does not want someone selling cheaper hamburgers from a nearby street. But this seems like a way to ban food trucks entirely

I have seen many cities set up food truck plazas with shared picnic tables. They become a destination for diners looking for something different

I probably have a skewed view with regards to the competition aspect because I live in NYC. We have so many potential customers (and places that sell food) per square mile that it really isn't an issue if food trucks set up. Maybe in smaller cities the client base is smaller and the impact greater, but this type of ban to me is not regulation of commerce, but preferential treatment of one type of establishment over another.

 

[Dont Taz Me Bro]

While I can understand the concerns of the traditional restaurants and sandwich shops have about the competition, the law to me seems grossly tilted towards stifling all trucks from competing. The city can regulate food trucks, but this is as close to a de facto ban as one can get.

The similar food thing also seems shady to me, particularly when a restaurant or store just adds items similar to the food truck items to make them move away.

Laws like these to stifle competition exist in every city across the country

 

[rightwinger]

Worse still, restaurants can and have forced nearby food trucks to shut down by strategically adding similar food items to their menus.


I can understand how a hamburger restaurant does not want someone selling cheaper hamburgers from a nearby street. But this seems like a way to ban food trucks entirely

I have seen many cities set up food truck plazas with shared picnic tables. They become a destination for diners looking for something different

I probably have a skewed view with regards to the competition aspect because I live in NYC. We have so many potential customers (and places that sell food) per square mile that it really isn't an issue if food trucks set up. Maybe in smaller cities the client base is smaller and the impact greater, but this type of ban to me is not regulation of commerce, but preferential treatment of one type of establishment over another.

My only concession to brick and mortar restaurants is that they pay taxes that support health inspections, sanitation, police and they must conform to more rules and regulations

 

[TNHarley]

Worse still, restaurants can and have forced nearby food trucks to shut down by strategically adding similar food items to their menus.


I can understand how a hamburger restaurant does not want someone selling cheaper hamburgers from a nearby street. But this seems like a way to ban food trucks entirely

I have seen many cities set up food truck plazas with shared picnic tables. They become a destination for diners looking for something different

I probably have a skewed view with regards to the competition aspect because I live in NYC. We have so many potential customers (and places that sell food) per square mile that it really isn't an issue if food trucks set up. Maybe in smaller cities the client base is smaller and the impact greater, but this type of ban to me is not regulation of commerce, but preferential treatment of one type of establishment over another.

My only concession to brick and mortar restaurants is that they pay taxes that support health inspections, sanitation, police and they must conform to more rules and regulations

food trucks dont pay taxes?

 

[martybegan]

Worse still, restaurants can and have forced nearby food trucks to shut down by strategically adding similar food items to their menus.


I can understand how a hamburger restaurant does not want someone selling cheaper hamburgers from a nearby street. But this seems like a way to ban food trucks entirely

I have seen many cities set up food truck plazas with shared picnic tables. They become a destination for diners looking for something different

I probably have a skewed view with regards to the competition aspect because I live in NYC. We have so many potential customers (and places that sell food) per square mile that it really isn't an issue if food trucks set up. Maybe in smaller cities the client base is smaller and the impact greater, but this type of ban to me is not regulation of commerce, but preferential treatment of one type of establishment over another.

My only concession to brick and mortar restaurants is that they pay taxes that support health inspections, sanitation, police and they must conform to more rules and regulations

While a food truck doesn't pay property taxes, they still pay business taxes, and they can't really dodge them because all of them usually have to register with the local DOH.

 

[mdk]

Pittsburgh had a similar law that was used to stymie food truck operators in city limits. The law was decades old and was originally penned to protect businesses from the competition of ice cream trucks, but it was applied to food trucks as well. Up until recently, food trucks could not park in metered spots, open 500 feet near any similar competitor, and, they could only park for 30 minutes if the first two conditions were met. It was a dumb protectionist law and I am glad that the city loosened its restrictions in 2015.

 

[rightwinger]

Pittsburgh had a similar law that was used to stymie food truck operators in city limits. The law was decades old and was originally penned to protect businesses from the competition of ice cream trucks, but it was applied to food trucks as well. Up until recently, food trucks could not park in metered spots, open 500 feet near any similar competitor, and, they could only park for 30 minutes if the first two conditions were met. It was a dumb protectionist law and I am glad that the city loosened its restrictions in 2015.

30 minutes is ridiculous

 

[mdk]

Pittsburgh had a similar law that was used to stymie food truck operators in city limits. The law was decades old and was originally penned to protect businesses from the competition of ice cream trucks, but it was applied to food trucks as well. Up until recently, food trucks could not park in metered spots, open 500 feet near any similar competitor, and, they could only park for 30 minutes if the first two conditions were met. It was a dumb protectionist law and I am glad that the city loosened its restrictions in 2015.

30 minutes is ridiculous

After firing up the grills and prep, you would have maybe five minutes to serve customers. Absurd.

 

[NYcarbineer]

When I was in Germany in the service there were food carts that served the best dang sausages and French fries ever.

 

[NYcarbineer]

Maybe they can go all the way to those unelected tyrants on the SCOTUS and straighten out that local government nonsense once and for all!!

lol

 

[Lewdog]

Every time I've been to downtown Louisville there was a street that had food trucks all lined up on it, and some of the food trucks just makes deals with specific business offices to go there.

 

[flacaltenn]

It's just another choice. You want to eat standing up or in your car or take it back to the office, maybe the QUALITY and price isn't the issue. Maybe it's just convenience. Getting take-out during Lunch rush is just too damn time consuming for a LOT of people..