Milwaukee food truck hours; lawsuit filed to block new curfew

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Fatty Patty food truck on Water Street

MILWAUKEE - The Wisconsin Institute for Law & Liberty (WILL) filed on Thursday, May 7, a lawsuit on behalf of Milwaukee food truck owner Abdallah Ismail. The lawsuit seeks to block Milwaukee's new food truck curfew. 

Food truck curfew challenged

What we know:

The new Milwaukee ordinance takes effect on Saturday, May 9. It will 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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Common Council members said the change came in response to safety concerns. 

What they're saying:

A recent statement from Milwaukee Alderman Robert Bauman said the following: 

"The city and council followed all required procedures regarding posting and publishing notice of this legislation. Same process for all files that come before the council.

"There was a public hearing on this file before the Public Safety and Health Committee. There was public testimony in favor and against the file. 

"The file passed the council unanimously and I understand it has been signed by the mayor. 

"We are doing everything we can to quell the violence and disorder that has plagued the downtown  entertainment districts. MPD and other stakeholders testified that food trucks were a contributing factor to this violence and disorder."

Milwaukee City Hall

A news release from WILL says the new ordinance is "unconstitutional, violating the right to earn a living and the guarantee of equal treatment." WILL is seeking an emergency stay of the law.

Lawsuit client

Dig deeper:

Ismail, the WILL client, owns the Fatty Patty food truck.

"If we close at 10, we lose everything," Ismail recently told FOX6 News. "We have to close. That's it. There's no work anymore."

Abdallah Ismail, owner of Fatty Patty food truck

Ismail said he and other food truck owners only learned about the new rule from the news.

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"This is not a fair decision, and at least they have to talk to us," Ismail said. "I'm a legit legal business – that I pay tax, that I have my permits, that I obey to all rules that the city has – so they should at least respect us."

This is a developing story.