Milwaukee food truck hours; judge blocks ordinance, litigation ongoing

MILWAUKEE - A Milwaukee County Circuit Court Judge blocked enforcement of Milwaukee’s 10 p.m. food truck curfew while the case continues through litigation.

The city still cannot enforce the ordinance and closing time for food trucks will remain at 1 a.m.

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."

"Today’s decision will help small business owners like me stay open and keep our employees working, and I could not be more grateful to the Wisconsin Institute for Law & Liberty for their incredible work protecting my business and my livelihood." said Fatty Patty owner Abdallah Ismail.

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Litigation in the case will continue.

Food truck curfew stopped

What we know:

The food truck crackdown was set to start in May.

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

On Thursday, May 7, Ismail sued the City of Milwaukee. He said he risked his downtown truck being shutdown during his busiest times.

"Before, 50% to 80% of the sale happened after 10 p.m., especially on the weekend," added Ismail.

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.

The Wisconsin Institute for Law and Liberty (WILL) filed Ismail's lawsuit. A Milwaukee County judge sided with him, issuing a temporary restraining order against the city.

"It's really good. A month rather than five days that we were expecting. It’s really great," said Ismail.

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 Alderman Bauman. "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."

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"We have, I mean, enough evidence that shows that we're not related to any, let's say, violence that happened there," said Ismail.

Alderman Bauman pointed out that the city attorney's office reviewed and certified the ordinance was legal and enforceable. A judge will decide.

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