Appellate court to hear oral arguments in suit over South Padre Island food truck restrictions
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No more food truck means plaintiffs claims are moot, South Padre Island argues on appeal
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Panju
SOUTH PADRE ISLAND – Limiting the number of food trucks in South Padre Island and requiring them to be green lighted by local restaurants “is reasonable and protects public health,” according to a recently filed appellate brief.
South Padre Island banned mobile food vendors from serving crowds of hungry beachgoers until 2016. When the city finally allowed food truck entrepreneurs in, local restaurant owners complained. In response, the city council rewrote the ordinance and added two provisions.
The provisions capped the number of food truck permits at 12 and required applicants to obtain the signature of a local restaurant owner.
Representing food truck vendors, the Institute for Justice sued the city, arguing the restrictions are unconstitutional and anticompetitive.