Milwaukee food truck hours; judge issues temporary restraining order

MILWAUKEE - A judge has issued a temporary restraining order against a Milwaukee ordinance that curtails food truck operating hours. The order will remain until the next hearing in June.

So for now, the city cannot enforce the ordinance and closing time for food trucks will effectively remain at 1 a.m.

This is a developing story, check back for updates.

Lawsuit filed

The backstory:

The temporary restraining order against the curfew comes following a lawsuit filed by the Wisconsin Institute for Law & Liberty (WILL), on behalf of Milwaukee food truck owner Abdallah Ismail. The lawsuit seeks to block Milwaukee's new food truck curfew.

The new Milwaukee ordinance would have taken effect on Saturday, May 9. It would require food trucks in the downtown area to close by 10 p.m. In other food truck zones, it's now 11 p.m. The previous closing time for food trucks in the city was 1 a.m.

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Ismail operated the Fatty Patty food truck. His busiest location has been on Water Street in downtown Milwaukee.

What they're saying:

"10 p.m. is the big time. We get a line of people starting at 10," Ismail said. "This is unfair. It doesn't make sense."

Ismail said the new city curfew would stop his business in its tracks. 

"This would mean to me, closing the business," Ismail said.

"It requires them to shut down during their busiest hours, and it’s going to immediately cause a loss of business income. But it’s also going to violate their constitutional rights," said Kirsten Atanasoff, WILL attorney.

Safety concerns

The other side:

The Milwaukee Common Council voted unanimously to enact the curfew. Mayor Cavalier Johnson signed the order. 

City leaders say the new hours would help stop underage people from loitering, and curb violence in the area. 

"They are mostly under 21 and that is the main cause of this order and the main cause of the fighting and violence and shootings," said Milwaukee Alderman Bob Bauman.

Bauman is the alderman for the district. He said the curfew comes after hearing from downtown stakeholders after a fatal shooting on the street in March.

"I’ve heard from the people I represent. I’ve heard loud and clear from the people I represent," Bauman said.

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Food truck owners say they feel like scapegoats. They are asking a court to help them stay in business.

This also impacts food trucks on Burnham that will now have to close at 11 p.m. Alderman Bauman said other things are being discussed to help stop the violence, like possible barricades on Water Street.

MilwaukeeNews