Baltimore Food Truck Lawsuit Heads To Trial

BALTIMORE, MD — The Institute for Justice will represent local Baltimore food truck owners in the fight against the city's law that bans food trucks from operating within 300 feet of any brick-and-mortar business that primarily sells the same product or service.

Since 2014, Baltimore has instilled this ban on mobile vendors. On Monday, a city circuit court judge decided the case should go to trial. Vendors that do sell their products within 300 feet of a restaurant, cafe, convenience or clothing store that sells similar products face a $500 fine in each violation and can have their vendor's license revoked, according to the Institute for Justice.

The Institute for Justice will represent Joey Vanoni, owner of the Pizza di Joey food truck, and Nikki McGowan, owner of the MindGrub Cafe food truck.

“The 300-foot ban is a textbook example of unconstitutional economic favoritism," Greg Reed, an attorney with the Institute for Justice, said in a statement. “The circuit court’s decision merely delays the day when mobile vending entrepreneurs will be free to serve Baltimoreans.”

Attorneys say the ban is particularly hard on Vanoni, since the large number of pizzerias and Italian restaurants in Baltimore make it challenging for him to find a place to operate his food truck. While Vanoni cannot operate his pizza truck in front of an Italian restaurant, someone could park their taco truck right out front.

“I’m looking forward to finally having the city held accountable for their actions and letting small business owners like me live out our dreams without the government getting in the way,” Vanoni said in a statement.

The trial is scheduled at the Baltimore Circuit Court on Sept. 28.

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