An interesting test of the Government’s power: In 2012, Laura Pekarik, owner of the Cupcakes for Courage food truck business, challenged Chicago regulations including a required GPS monitor in her truck, and a rule requiring mobile vendors to stay at least 200 feet away from bricks-and-mortar restaurants, filed a petition asking the Illinois Supreme Court to consider her lawsuit. The Institute for Justice concluded that only 3% of the curbs in the North Loop business district are available for food trucks. According to the National Food Truck Association, Chicago is the only one of the 10 largest cities in the U.S. to have a proximity requirement for food trucks. The City freely admits it instituted the rule to protect brick-and-mortar restaurants, who pay more taxes and thus bring more revenue to the City.
The Appellate Court found that (1.) such businesses are not constitutionally protected; (2.) one may have the right to have a business in general, but there is no constitutional right to have one on a street or sidewalk; (3.) the City’s reason for the distance restriction was rational, which is the (lowest possible) standard. Ms. Pekarik disagrees with the stated protectionism of certain types of food providers, and is continuing her legal challenge, believing it is not for the City to limit lunch options for consumers.
The Appellate Opinion:Here
Ms. Pekarik’s Petition to the Illinois Supreme Court (written by the attorneys at Virginia’s Institute for Justice):Here
