After a 'tremendous' win over the city, Louisville food trucks can park where they want

Facing a losing battle in federal court, Louisville reversed course on a rule that has blocked more than 100 food trucks from operating near their brick-and-mortar competitors.

Metro Council repealed a 7-year-old provision that kept mobile vendors 150 feet away from traditional restaurants by a unanimous vote on Thursday as part of a settlement with two operators who alleged that the proximity rule was unconstitutional

Troy King of Pollo food truck and Robert Martin of Red's Comfort Food, who filed the lawsuit, said the council's decision means Louisville is open to all entrepreneurs.

"This is great news because I don’t have to worry about Louisville Metro playing favorites anymore, I can run my business, just like any business owner should be able to do," Martin said.

There are roughly 120 food truck operators who have permits with the city, according to the health department. Those vendors still must follow other guidelines under the ordinance that require they meet local health codes and carry insurance.

"This is tremendous not just for me but for every food truck here in Louisville," King said.

Background: Food trucks are on the verge of victory over downtown restaurants

The repeal measure sailed through City Hall without much discussion after council members received advice from the Jefferson County Attorney's office. Metro Council President David James told Courier Journal last month those conversations and other rulings across the country made it clear the city should move to change the food truck measure.

Louisville's ordinance, passed in 2011, has forbidden food trucks from being near restaurants with a similar menu unless that restaurant gave its permission for them to park there. It was one of Mayor Greg Fischer's big accomplishments his first year in office as the city was looking to regulate the burgeoning businesses.

Many traditional eateries said then that the rules were needed to prevent unfair competition from mobile vendors who were allowed to set up wherever they wanted without the same costs. But food truck operators argued that the city's proximity rule stymied local entrepreneurs who were trying to enliven the community.

"The repeal of Louisville’s unconstitutional 150-foot ban marks a victory for the economic liberty of every entrepreneur in this city," said Arif Panju, an attorney with the Institute for Justice, a civil liberties group that represented the food truck operators in the suit. “It's great to see Louisville encourage healthy competition, which creates jobs, instead of using government power to pick winners and losers in the marketplace."

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The institute said that it was rare for a traditional restaurant to allow a food truck competitor to park within that 150-foot boundary. It pointed out the permission could be withdrawn at any time without notice, which was essentially the city giving its preferred private businesses the power to veto their competitors.

The Institute for Justice has been able to get a handful of cities, such as El Paso and San Antonio, Texas, to back off similar restrictions on food trucks. It is also involved in litigation against similar proximity restrictions in Baltimore and Chicago.

Fischer spokeswoman Jean Porter said the mayor plans to sign the repeal. She said Louisville has also taken down most of the "no food trucks" signs that operators said were popping up along prime pedestrian locations downtown, such as the corner of Fifth and Market streets where many food trucks were known to set up.

Reporter Phillip M. Bailey can be reached at 502-582-4475 or pbailey@courier-journal.com. Support strong local journalism by subscribing today: www.courier-journal.com/philb.