Milwaukee food truck hours; judge blocks ordinance, litigation ongoing

MILWAUKEE - Milwaukee food trucks can continue operating as normal, at least for now.

Food truck curfew stopped

What we know:

On Monday, June 22, a Milwaukee County Circuit Court Judge temporarily blocked the city's 10 p.m. food truck curfew. Food trucks will be able to stay open until 1 a.m. until a final decision is made in the case.

In its decision, the Court stated, "the City offered no proof -- just naked conclusions-- that curtailing the hours of operation by food trucks will reduce, or deter, or un-motivate the movement of crowds of people into the entertainment areas during the 10:00 p.m. to 1:00 a.m. timeframe. There was no evidence presented by the City of Milwaukee that food trucks are some kind of or sort of magnet to the underage drinking individuals and sometimes under-curfew-age individuals that engage in violent acts."

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Litigation in the case will continue.

The Milwaukee ordinance would have required downtown food trucks to close every night at 10 p.m. and not reopen until 6 a.m. Food trucks in Burnham Park would have had to close at 11 p.m.

Fatty Patty owner sued city

The backstory:

In April, Milwaukee's Common Council and mayor approved a stricter food truck curfew. The proposal’s sponsor, Alderman Bob Bauman, said Milwaukee police pointed to crime problems on Water Street downtown.

"They provided the eyewitness testimony that, yes, food trucks are a problem in terms of dealing with the underage crowds that show up on Water Street," said Bauman at the time. "We need a curfew for food trucks. Food trucks are a major contribution to the loitering, confrontations and fighting and the violence that takes place."

Fatty Patty owner Abdallah Ismail l filed a lawsuit along with the Wisconsin Institute for Law & Liberty, arguing food trucks were being unfairly singled out.

Taking a stand

What they're saying:

It is the busiest time of year for Ismail and his employees. Ismail said he had been worried a citywide food truck curfew could potentially stop what he has been doing for the last nine years.

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"So happy that we can continue, especially in the summertime," Ismail said. "It really makes us worried about how we can keep going or should we close this location? Should we fire people?"

"Putting an order like that, closing the business date, I'm not sure they care about us or not," he said. "I mean, it is an emergency for us, but for them, I'm not sure if that's considered an emergency."

"The fight is not over, but this is a very important point in the lawsuit," WILL attorney Kirsten Atanasoff said.

For Ismail, the decision means he can stay open and stop worrying for now.

"Before, 50% to 80% of the sale happened after 10 p.m., especially on the weekend," added Ismail. "[Now] We can continue our business and keep our employees."

The city attorney would not comment on the pending litigation.

FOX6 reached out to Bauman, the alderman for the downtown area. He declined an on-camera interview but said he hopes and prays there will be no incidents in the entertainment district the rest of the summer.

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