The Beacon Center of Tennessee, a think tank advocating for free markets and limited government in the state, has filed a federal lawsuit against the city of Mt. Juliet, Tennessee, over what it deems as discriminatory and unconstitutional food truck regulations.
The lawsuit challenges an ordinance that imposes a fee of $100 per day on food trucks from outside the city, while local Mt. Juliet food trucks are charged only $100 per year.
Fighting for Fairness and Economic Freedom
The lawsuit, filed in the U.S. District Court for the Middle District of Tennessee on November 17, is filed on behalf of Eileen and Michael Maltese of Mikey’s Pizza, William “B.J.” Lofback of Funk Seoul Brother and Daniel Yarzagaray of Chivanada.“Mt. Juliet’s discrimination against food trucks from outside the city is unfair and unconstitutional,” said Wen Fa, Director of Legal Affairs at The Beacon Center, in a statement. “Outside of the startling difference between paying $100 per day as an out-of-city resident compared to just $100 per year for city residents, it becomes even more appalling when you realize what these food truck operators did for Mt. Juliet residents in their time of need.”
Fa went on to explain that out-of-town food truck owners stepped up to help the community after a 2020 tornado.
The Beacon Center argues that despite their community service during this crisis and the COVID-19 pandemic, they now face restrictive laws that threaten their economic viability.
The History of Food Trucks in Mt. Juliet
“Mt. Juliet has always been hostile to food trucks,” the Beacon Center claims in a statement. “Before March 2020, Mt. Juliet permitted food trucks to operate only if they received permits to host a temporary event—which could take place no more than six times a year. In March 2020, Mt. Juliet—to the delight of its residents—suspended its burdensome food truck restrictions.”The think tank said food trucks from Nashville and surrounding communities were welcomed because they offered free food to help city residents recover from a devastating tornado.
The city initially suspended its stringent food truck regulations during the pandemic but soon reinstated them, citing economic protectionism for local brick-and-mortar businesses as a key reason that has led to today’s legal standoff against the two-tier fee structure.
Prior to the tornado and pandemic, food trucks were limited to no more than six occasions annually in order to provide safe alternatives to indoor dining. As businesses reopened, the city reinstated the permit process in July 2023.
Constitutional Rights and Economic Livelihood
The lawsuit argues that the Mt. Juliet ordinance violates the U.S. and Tennessee constitutions by infringing upon the right to earn a living and the right to equality before the law.The Beacon Center’s lawsuit asserts multiple claims under federal and state constitutions, challenging the fee discrepancy as a violation of equal protection and due process rights.
It contends that the ordinance is not motivated by health and safety concerns but rather by a desire to protect in-city restaurants from competition.
City’s Stance and What’s Ahead
The city’s stance reflects a broader tension between supporting local brick-and-mortar establishments and accommodating mobile entrepreneurs.Earlier proposals by the city council to allow food trucks in residential and industrial neighborhoods sparked debate, with concerns raised about protecting local businesses and the perceived lack of tax revenue from food truck vendors, according to the lawsuit.
This lawsuit could set a precedent for how municipalities regulate food trucks, balancing the interests of local businesses with the rights of mobile entrepreneurs. The outcome may influence similar regulatory frameworks across Tennessee and potentially beyond.
