City of Evanston denies food-truck application it forced owners to file
by Jacob Huebert Jim Nuccio and Gabriel Wiesen are two young entrepreneurs who want to operate their Beavers Coffee & Donuts food truck in Evanston. But one thing stands in their way: a city ordinance that allows only food trucks run by “licensed food establishments,” such as brick-and-mortar restaurants, to operate there. Jim and Gabriel...
by Jacob Huebert
Jim Nuccio and Gabriel Wiesen are two young entrepreneurs who want to operate their Beavers Coffee & Donuts food truck in Evanston.
But one thing stands in their way: a city ordinance that allows only food trucks run by “licensed food establishments,” such as brick-and-mortar restaurants, to operate there. Jim and Gabriel do not own a restaurant in Evanston, so they cannot qualify for a license. The city has given no health or safety explanation for this requirement – instead, its only possible purpose is to protect established restaurants from food truck competition.
That is why the Liberty Justice Center stepped in and filed a lawsuit on behalf of Jim and Gabriel, taking on the unconstitutionality of this irrational and arbitrary ordinance. In response, the city of Evanston moved to dismiss Jim and Gabriel’s complaint. Incredibly, the city argued that their case wasn’t ripe for court consideration because they should have applied for a license, even though the express language of the ordinance and the application itself say they can’t get one because they don’t own a brick-and-mortar restaurant in Evanston.
As we reported last February, the court agreed and required Jim and Gabriel to go through the application process. During the last month, they completed the written application, assembled all the required documentation, and submitted it to the city. When the city wrote back to them and asked for even more detailed documentation, they provided it.
On May 2, the city responded to Jim and Gabriel with an “Application Denied” letter. Despite meeting all the ordinance’s health and safety provisions, the city denied the license for one reason, and one reason only: because their vehicle was not “owned and operated by the owner or agent of a licensed food establishment in the City.” So the bad news is that Beavers Donuts will not be allowed to operate in Evanston unless and until the unconstitutional ordinance is struck down. The good news is that the city does not dispute that Beavers Donuts meets all of Evanston’s health and safety standards, and now their lawsuit can go forward.
As the Liberty Justice Center continues to fight for Jim and Gabriel’s constitutional rights, there is something the citizens of Evanston can do as well: go to your city officials and demand that they explain how the brick-and-mortar requirement serves any purpose other than to stifle competition and consumer choice in Evanston. And ask them to repeal this ordinance.
These needless government restrictions are not only unconstitutional, but they also are bad policy. Indeed, city officials should be doing all they can to roll out the welcome mat for hardworking entrepreneurs like Jim and Gabriel who simply want to make a living by bringing their delicious gourmet donuts and coffee to Evanston residents.