Public Interest Law Firm Demands Georgia City Repeal Ordinance Banning Competition from Food Trucks
ARLINGTON, Va.—Today, the Institute for Justice (IJ) sent a letter to city officials in Statesboro, Georgia, warning them to revise their ordinance which bans food trucks from operating within 200 feet of any brick-and-mortar restaurant. The ban includes exceptions for food trucks that are either owned by restaurants or obtain permission from the restaurants to compete with them. The ban violates both the U.S. and Georgia Constitutions, and it harms Statesboro’s public safety and local economy.
“It is not the government’s job to pick winners and losers in the marketplace,” said IJ Attorney An Altik “That choice belongs to consumers.”
Laws like this that hurt food trucks to protect brick-and-mortar restaurants, also known as economic protectionism, violate the U.S. Constitution, according to the U.S. Supreme Court. Additionally, in a lawsuit won by IJ involving lactation consultants, the Georgia Supreme Court explained that economic protectionism also violates the Georgia Constitution, which provides even stronger protection for the right to earn an honest living than its federal counterpart.
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. An additional IJ study showed that food trucks tend to be as safe as (and often safer than) restaurants.
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.