ARLINGTON, Va.—Today, the Institute for Justice (IJ) sent a letter to city officials in Chadron, Nebraska, warning them to cease their misguided efforts to impose unnecessary burdens on food trucks simply to “level the playing field” with brick-and-mortar restaurants. Such efforts to “protect” the city from food trucks violate both the U.S. and Nebraska Constitutions, and harm both the public safety and local economy of Chadron. 

“It is not the government’s job to pick winners and losers in the marketplace,” said IJ Senior Attorney Justin Pearson. “In a free society, that choice belongs to consumers.” 

Discussions of these possible changes came up during Chadron’s City Council meeting on July 1. City officials took the position that food truck vendors enjoyed unfair advantages over restaurants. City officials discussed the supposed need to impose new food truck permit restrictions with higher fees to “level the playing field” between food truck vendors and restaurant owners. The discussions concluded with the City Council asking city staff to create a more-detailed plan to impose these new burdens on food trucks. 

However, the desire to hurt food trucks to protect brick-and-mortar restaurants, also known as economic protectionism, violates the U.S. Constitution, according to the U.S. Supreme Court. Additionally, the Nebraska Supreme Court has similarly explained that economic protectionism tends to violate the Nebraska Constitution.  

Moreover, IJ has established through more than a decade of research that food trucks positively impact local communities and their economies. In one study, for instance, IJ found that food trucks can help create jobs, improve public safety, and revitalize underused public spaces. Another IJ study concluded that growth in the number of food trucks often goes hand in hand with growth in the brick-and-mortar restaurant industry. 

IJ has a long history of fighting to protect Americans’ right to earn an honest living. Additionally, IJ has won two different U.S. Supreme Court cases on this issue. And as part of its National Street Vending Initiative, IJ has defeated dozens of anti-competitive laws that harm street vendors and food trucks, including victories in Georgia, Kentucky, and North Carolina, among many others.