Previously Confidential Documents Expose Retaliation Against IJ Clients

Last year, IJ stepped up to fight petty bureaucrats on Virginia’s Eastern Shore. Theslet Benoir and his wife, Clemene Bastien, both Haitian immigrants, had opened the first food truck in Parksley, Virginia history. They initally secured a business permit to operate legally, but town officials didn’t want outsiders competing with local restaurants. That included Councilmember Henry Nicholson, who berated the couple and told them, “Go back to your own country!” 

Parksley then banned food trucks outright. That sparked a chain reaction of events that led to IJ’s involvement—and our case is stronger than ever thanks to some previously confidential documents that we uncovered earlier this year.

We already knew that Parksley retaliated against Theslet and Clemene for daring to criticize the food truck ban. The important task for us is to prove it in court. Thankfully, town officials just made that task a little easier. The town inadvertently released documents under its control. And those documents prove both that Parksley retaliated against Theslet and Clemene for speaking up and that town officials knew their food truck ban was unconstitutional.

The situation escalated in October 2023, when Theslet and Clemene spoke to reporters about the town’s food truck ban. A newly released email shows that the mayor—on the very same day—instructed the town attorney to send a cease-and-desist letter threatening the couple with 30 days in jail per day that they had already operated the food truck, in addition to steep fines. This reversed the mayor’s previous promise that Theslet and Clemene could operate their food truck until their business license expired in May 2024.

“Thanks to the town’s mistake, the public can see even more proof that Parksley went after Theslet and Clemene for questioning the government.”

Just two weeks later, IJ sent a letter urging Parksley officials to repeal the food truck ban. In newly released emails discussing IJ’s letter, the town clerk shared the town attorney’s opinion of the ban with the Parksley Council. The town attorney stated that the ban was “unconstitutional” and violated state law—adding that he was “not even sure he is able to make it legal.”

And finally, we were able to make public a damning deposition transcript. In that deposition, the mayor admitted that the media attention IJ generated on Theslet and Clemene’s plight caused town officials to keep their food truck closed. The mayor blamed IJ for exposing Parksley’s actions on the internet and in the newspapers. To add insult to injury, he insisted, “If you hadn’t got involved in this, we – we would have worked out something with these poor people and they would be selling hot dogs right now.” (Theslet and Clemene sold Haitian food, not hot dogs.)

Parksley tried to claw back these documents, which in the course of litigation would normally remain confidential. But a federal judge ruled that because the town itself had disclosed them during the discovery process, they were no longer protected. Thanks to the town’s mistake, the public can see even more proof that Parksley went after Theslet and Clemene for questioning the government. 

No American should be punished for advocating for their right to earn an honest living. And now IJ has even more evidence we can use to vindicate Theslet and Clemene’s rights in court.

Matt Liles is an IJ attorney and Justin Pearson is an IJ senior attorney.