Lawsuit Seeks to Block Food Truck Curfew
The Wisconsin Institute for Law & Liberty argues city's food truck curfew is unconstitutional.
Food trucks parked on N. Water Street. Photo by Jeramey Jannene.
One week after rallying at Milwaukee City Hall, food truck operators are escalating efforts to block a new ordinance limiting late-night operating hours.
The Wisconsin Institute for Law & Liberty filed a lawsuit against the City of Milwaukee on Thursday, seeking an emergency court order to prevent the rule from taking effect May 9.
The ordinance, approved unanimously by the Milwaukee Common Council in April, bans food truck operations after 10 p.m. in areas of downtown and after 11 p.m. near Burnham Park.
“This ordinance is going to shut down small businesses and provide less affordable food options to workers and residents of our city,” said Abdallah Ismail, owner of The Fatty Patty and a plaintiff in the suit, in a statement. “Food truck owners create good food and provide a real service, but the city has made us into scapegoats for violence and crime. This cannot stand.”
City leaders framed the restrictions as part of a broader push to improve safety in downtown entertainment districts after multiple high-profile shootings on Water Street last summer and an overnight shooting in March 2026 that killed one person and injured two others.
The Milwaukee School of Engineering, the Milwaukee Police Department and Milwaukee Downtown, Business Improvement District No. 21 have also expressed support for the measure.
Meanwhile, food truck operators and their supporters have voiced strong opposition, saying the curfew would shut down businesses during key operating hours. They also took issue with the city’s approach, with many claiming they weren’t notified of the ordinance until after it had already passed.
“The City of Milwaukee’s ordinance is an unlawful attack on good, honest small businesses,” said Kirsten Atanasoff, associate council at WILL, in a statement. “By aggressively limiting hours of sale while simultaneously keeping brick and mortar restaurants open, the city is violating the rights of our client.”
WILL argues the ordinance is unconstitutional, saying it violates operators’ “right to earn a living and the guarantee of equal treatment,” citing that food trucks are treated differently than bars and restaurants in the area.
“WILL is proud to help this small business owner oppose the city’s senseless policy,” the firm said.
Ismail told Urban Milwaukee the latest action follows a meeting last week between food truck operators and Mayor Cavalier Johnson, who signed the ordinance April 22. Ismail said he did not receive any additional communication, as was promised, from the mayor’s office following the meeting.
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I hate WILL they are racist rightwing whores, as much as I dislike the Ordinance. Food Truck operators should consider who they want to represent them.
I disagree with the city’s food truck ban, but the idea that the city can’t regulate or ban business activities in the public right of way is ridiculous. A court ruling in favor of WILL would set a disastrous precedent that would undermine local government. Also, maybe food truck operators should have to do things like contribute to BIDs where they set up shop.