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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Maryland Court of Special Appeals Overturns Lower Court, Finding Pesticide Ordinance Is Not Preempted by State Law

Sprayer in field. Image by United Soybean Board

This is not a substitute for legal advice.

            In 2015, the Montgomery County Council passed a bill prohibiting the use of certain pesticides on private and county-owned properties.  The law limited the use of pesticides registered with the Maryland Department of Agriculture (MDA), allowing pesticides listed by the county for non-essential cosmetic purposes, and exempting agricultural applications.  In 2017, the Montgomery County circuit court found that Maryland state law preempted the ordinance; click here to see my overview of this ruling.  The Court of Special Appeals of Maryland recently issued an opinion overruling the circuit court.  The Court of Special Appeals found that federal and state laws in Montgomery County v. Complete Lawn Care, Inc. do not preempt the ordinance.

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