Judge Blocks Milwaukee Ordinance Limiting Food Trucks Hours
Lawsuit by WILL on behalf of Fatty Patty trucks gets temporary restraining order.
The Zócalo Food Truck Park in Milwaukee is seen here during the summer of 2022. The food truck park has several food trucks from across the area with a wide variety of options. Evan Casey/WPR
A judge has granted a temporary restraining order that blocks a Milwaukee ordinance limiting food truck hours in parts of the city.
The decision comes after the Milwaukee Common Council passed an ordinance in April that prohibits food trucks from operating after 10 p.m. in a zone in downtown Milwaukee and after 11 p.m. in a zone on the city’s south side. Food trucks are currently allowed to operate until 1 a.m. in those areas. The new hours were set to start on Saturday.
However, the Wisconsin Institute for Law & Liberty filed a lawsuit Thursday on behalf of Abdallah Ismail, the owner of Fatty Patty food trucks, to block the ordinance from going into effect.
In a Friday decision, Milwaukee County Circuit Judge Jean Kies ordered the city to not enforce the ordinance. The order will remain in effect until the next court hearing for the case on June 10.
The complaint filed Thursday said the ordinance “threatens the food truck business — and with it, the livelihoods of people like Mr. Ismail — by forcing them to close shop right at the beginning of their busiest and most profitable hours, and far earlier than they historically have closed.”
City leaders adopted the ordinance as part of an effort to address late-night violence in areas where people congregate.
Milwaukee Alder Bob Bauman, the sponsor of the ordinance, said during a city meeting that the updated food truck hours could be one way to “diminish the disorder that occurs on these weekend nights, especially when the weather is warm.”
Milwaukee Police Chief of Staff Heather Hough has also said the department is “very supportive” of the new ordinance.
In a Friday email, City Attorney Evan Goyke said he does not comment on pending litigation.
Judge temporarily blocks Milwaukee ordinance that limits food trucks hours was originally published by Wisconsin Public Radio.
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