Rafael Lopez

Rafael Lopez owns and operates a Mexican restaurant named El Bandera Jalisco.  Earlier this year, he set to open a second location where he planned to combine the indoor seating of a restaurant alongside a food truck parked on the same property.  He signed a lease, invested $40,000 in a food truck, obtained the required permit, and began operating his new El Bandera Jalisco food truck at his new location.  Two months later he was visited by a city inspector.

San Antonio shut down Rafael’s food truck and threatened him with daily fines of up to $2,000 per day if he continued to vend.  The city inspector told him to ask his next door neighbor, the Hung Fong Chinese Restaurant, for a written and notarized permission slip allowing him to reopen.  Unsurprisingly, he was unable to obtain their permission.  By invoking the 300-foot rule, the city shut down Rafael’s food truck.  The El Bandera Jalisco food truck now sits in storage.  If Rafael had opened a brick-and-mortar restaurant on the same property he would be in business; because he opened a food truck instead, he’s been shut down.

  • October 6, 2015    |   Economic Liberty

    San Antonio Food Trucks

    No One Should Need Their Competitors’ Permission to Operate a Business

    Nobody should need their competitors’ permission to operate a business. But for over a decade, the city of San Antonio forced food trucks to do just that. San Antonio banned food trucks from operating within 300 feet of every restaurant, convenience store, and grocer in the city. The law applied whether food trucks were vending…

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