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Weeks after Denver temporarily banned food trucks from a downtown district, a law firm argues the decision is might be constitutional, according to The Denver Post.
The Institute for Justice (IJ), a Virginia-based nonprofit law firm, sent a letter to the city council last week urging them to "repeal" the temporary ban. In response to a crime spike and disastrous shooting earlier this summer, officials prohibited food trucks from operating on portions of Market, Blake, and Larimer streets between 18th and 22nd streets on Thursday, Friday, and Saturday nights.
“None of the bystanders in LoDo were hit by a flying spatula. That’s not what happened,” attorney Justin Pearson, who authored the letter, said. “It makes no sense to punish food truck owners because the city government is ashamed of its own mistakes. If you’re worried about crime, the last thing you want to do is get rid of food trucks.”
Lawyers say the policy is unconstitutional because it violates equal protection measures, adding that legal action is possible.
"If we were to file a case against Denver, I would like our chances," Pearson says, per The Denver Post.
Despite their criticisms, the firm is also seeking to work with the City of Denver to revise the rules to “improve public safety, increase consumer choice, and expand economic opportunity.”
The city council says it's not their call to lift the ban. Both the police department and transportation department crafted the policy, so it would be up to them to repeal it.
Reporters say the Denver Police Department may pull back parts of the ban after meeting with food truck operators recently. Starting the weekend of Thursday, August 25, police may allow six food trucks in the ban zone, but they would have to leave the neighborhood by midnight.
Check out The Denver Post's website for more information on the issue.