Baltimore City Food Truck Ordinance is Constitutional

Image of food truck. Image by Peter Burnham

The article is not a substitute for legal advice. 

            Over the past few years, a revolution in the food service industry has developed with the increased popularity of food trucks.  Although many may love to get their daily lunch from food trucks, these vehicles have raised some concerns among many brick-and-mortar restaurant owners.  Baltimore City imposed restrictions on food trucks, limiting them from operating within 300 feet of any retail business establishment primarily engaged in selling the same type of food product, other merchandise, or services (Art. 15 § 17-33).  Food truck operators challenged this law in circuit court, and the ordinance was found unconstitutional for vagueness issues.  The City appealed, and the Maryland Court of Special Appeals recently ruled that the ordinance is not illegal, reversing the circuit court.  The Maryland Court of Appeals has agreed to hear the case on appeal, possibly putting an end to litigation involving the ordinance.

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Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness

 

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Food trucks in San Francisco.  Image by Todd Lappin

 

The article is not a substitute for legal advice.

Many of you may not live in areas with access to food trucks, but in areas where there are food trucks there can be disputes between traditional brick and mortar restaurants and the food trucks. Recently, Baltimore City imposed restrictions on food trucks that limited food trucks from operating within 300 feet of any retail business establishment that is primarily engaged in selling the same type of food product, other merchandise, or services as that offered by the food truck operator (Art. 15 § 17-33). Food truck operators challenged this law in circuit court and the law recently found to be void for vagueness and rejected arguments that the law violated Maryland Declaration of Rights protections of Due Process and Equal Protection. Continue reading