NORFOLK, Va.—Newly released documents in a federal lawsuit challenging the town of Parksley’s retaliation against small business owners Theslet Benoir and Clemene Bastien for opposing the town’s old food truck ordinance, shed light on how town officials retaliated against the couple.
In the documents—which were released after town officials mistakenly waived attorney-client privilege—they admit that the only reason Theslet and Clemene’s food truck is not currently open is because the town was upset that they spoke with media and that their attorneys at the Institute for Justice (IJ) helped them to gain more media attention. The town attorney also admits in the documents that the town’s old food truck ban was “unconstitutional.” The town attempted to claw back its waiver of privilege for these documents, but a judge recently ruled they were no longer confidential.
“This behind-the-scenes look shows that town officials retaliated against Theslet and Clemene for their constitutionally protected speech,” said IJ Senior Attorney Justin Pearson. “The First Amendment protects both freedom of speech and freedom of the press. People should feel free to speak to reporters about their government without fear of retaliation.”
In June 2023, Theslet and Clemene got a one-year license from the town to open Eben-Ezer Food Truck. However, in October 2023, following complaints that restaurants could be harmed if customers had more choices, Parksley’s town council passed a food truck ban. But, because the town had already sold Clemene and Theslet an annual business license for their food truck, the mayor publicly stated that the government did not intend to enforce the ban against them until their license expired in May 2024.
Clemene and Theslet spoke with reporters on October 19, 2023. On that same day, in an email talking about how Clemene and Theslet were talking to reporters, the mayor (through town clerk Lauren Lewis, as was their practice) instructed the town attorney, Andre Wiggins, to send a cease-and-desist letter to Clemene and Theslet ordering them to stop operating immediately and threatening them with 30 days in jail per day they had already operated the food truck, in addition to extensive fines.
On Nov. 2, 2023, IJ sent a letter to town officials urging them to repeal the food truck ban. In newly released emails from that same day, Lewis informs the council that she spoke with Wiggins, about IJ’s letter and that, “[t]he ordinance is unconstitutional and violates VA state law. He’s not even sure he is able to make it legal.” Later that same day, Lewis informs Wiggins that the town plans to repeal the food truck ordinance and will instead use the established zoning code to shut down the food truck. The next morning, Wiggins responds, “I trust they will be prepared for the assertion that the Zoning violation is being brought up out of spite.”
In a January 2025 deposition transcript, released as part of the waiver of attorney-client privilege, Mayor Russell admits that the media attention IJ generated on Theslet and Clemene’s behalf led town officials to keep Eben-Ezer Food Truck closed.
“You took this little simple thing and blew it up into a gigantic story that was all over the internet, all over the newspapers, and you guys did it,” Russell said. “If you hadn’t got involved in this, we – we would have worked out something with these poor people and they would be selling hotdogs right now.”
“It’s outrageous that town officials retaliated against this hardworking couple for speaking out against an ordinance that the town’s own attorney admitted was unconstitutional,” said IJ Litigation Fellow Matt Liles. “Even though that ban has been repealed, the town has continued to weaponize its zoning code to keep Eben-Ezer shuttered in a clearly retaliatory way.”