The News: Today, a Milwaukee County Circuit Court Judge blocked enforcement of Milwaukee’s 10:00 p.m. food truck curfew while the case continues through litigation. The order follows a lawsuit filed by the Wisconsin Institute for Law & Liberty (WILL) on behalf of The Fatty Patty food truck and its owner, Abdallah Ismail.

If left in effect, the city ordinance would have banned food trucks from operating after 10:00 p.m. downtown while allowing brick-and-mortar restaurants and bars to remain open. WILL argued the recently enacted ordinance violates the constitutional right to earn a living and equal protection under the law.

The Quotes: WILL Associate Counsel, Kirsten Atanasoff, stated, “This ordinance was unlawful and should serve as a warning to local governments that they are not above the law. Milwaukee’s attempt to blame small business owners for its violent crime problem made no sense. Food truck operators like Abdallah Ismail work hard to serve their communities and earn an honest living, and have every right to operate, just as brick-and-mortar restaurants do. Milwaukee needs to address its crime problems, but this was not the way.”

WILL Client, Abdallah Ismail, stated, “Today’s decision will help small business owners like me stay open and keep our employees working, and I could not be more grateful to the Wisconsin Institute for Law & Liberty for their incredible work protecting my business and my livelihood.”

What the Court Said: In its decision, the Court stated, “the City offered no proof — just naked conclusions– that curtailing the hours of operation by food trucks will reduce, or deter, or un-motivate the movement of crowds of people into the entertainment areas during the 10:00 p.m. to 1:00 a.m. timeframe. There was no evidence presented by the City of Milwaukee that food trucks are some kind of or sort of magnet to the underage drinking individuals and sometimes under-curfew-age individuals that engage in violent acts.”

What’s Next: The injunction means the ordinance will be on hold as to the downtown food trucks, and cannot be enforced while the litigation proceeds. The current closing time of 1 a.m. for downtown food trucks will continue.

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