ARLINGTON, Va.—Food trucks are cooking again in Miami Gardens.  

In January, the Institute for Justice (IJ) sent the city a letter explaining that its food truck ban violated Florida law. The letter and corresponding wave of media attention resulted in the city reversing its position and agreeing to let food trucks operate in Miami Gardens, which they now do. 

Now, IJ is calling on nearby Aventura to end a similar ban. Today, IJ sent a letter to Aventura’s mayor and city council asking the city to stop breaking state law. 

“Miami Gardens did the right thing by agreeing to follow the law, and food truck owners and their customers are already better off for it,” said IJ’s Florida Office Managing Attorney Justin Pearson. “Unfortunately, Aventura is making the same mistake Miami Gardens just corrected.” 

In 2020, the Florida Legislature passed a law forbidding local governments from prohibiting food trucks “from operating within the entirety of the entity’s jurisdiction.” Miami Gardens ignored that law, fining property owners $500 a day for hosting food trucks and forcing a popular local truck, Birdwich, to stop operating. IJ’s letter persuaded the city to change course. 

Aventura’s ban works similarly. The city’s zoning code contains a “catch-all” provision declaring that anything not expressly authorized is prohibited. Because food trucks are not authorized anywhere in the code, they are banned everywhere in the city unless tied to a temporary special-event permit.  

Worse, a city official told one food truck operator that Aventura defies the state’s food truck law to protect restaurants from competition. Both the Florida Supreme Court and the U.S. Supreme Court have repeatedly held that the government cannot enact laws designed to shield businesses from competition. 

“The Florida Legislature settled this issue six years ago: cities cannot ban food trucks, period,” said IJ Attorney James Odell, author of the letter. “Aventura doesn’t get to opt out of state law due to a mistaken belief that food trucks hurt local brick-and-mortar restaurants.” 

IJ research has found that more food trucks today do not lead to fewer restaurants tomorrow. Instead, trucks draw foot traffic that benefits neighboring businesses, and they are even associated with safer streets. 

Through its National Street Vending Initiative, IJ has defeated anti-competitive vending restrictions nationwide, including a court victory over Fort Pierce, Florida’s protectionist food truck ban, as well as wins in Georgia, Kentucky, and North Carolina. IJ stands ready to work with Aventura to bring its ordinances into compliance with state law.