The owners of a small business in Fish Creek have made good on their threat to go to court over the Town of Gibraltar’s food truck ban. The White Cottage Red Door, working with an attorney from the Institute for Justice in Arlington, Virginia, are challenging the constitutionality of the town’s ban of food trucks. Attorney Malid Emam says the action by the Gibraltar Town Board is “overbroad,” and at odds with the state constitution…
Fines for violating the town ordinance are $500 a day, so the owners of the food truck, unable to absorb the costs involved, sold the truck during the summer, but vowed to fight what they believe is “economic protectionism.” Emam says the ball is now in the town’s court…
The Institute for Justice is also contending that the town’s ordinance violates state law. In essence, the town cannot prohibit what the state allows.
