Milwaukee food truck changes approved unanimously by council

MILWAUKEE - Milwaukee is one signature away from making changes to when and where you can visit your favorite food trucks. The Common Council unanimously passed new restrictions on Wednesday, May 31. The proposal now goes to the mayor's desk for his expected signature.

This proposal would require food trucks be parked 50 feet away from a restaurant. That would apply citywide, while other restrictions are more specific to different locations, with special rules for different zones.

In Zone 2 areas, for now just around Burnham Park, the number of trucks would be limited. The city hasn't yet determined the exact number, but the city would give the spaces based on seniority.

"We do have a lot of neighbor complaints," said Jennifer Antunez, owner of El Pastorcito Mixe in Burnham Park. "A lot of people play sports here, and they do complain a lot about not having parking space."

Tacos El Pastorcito Mixe is one of the more senior food vendors selling in Burnham Park since 2020, meaning they would likely get a spot ahead of some of the newer trucks.

"That's what I feel bad about," said Antunez. "It's really hard. We've actually gotten to, some of us know each other. We are basically neighbors, and it's really tough. I don't know where they would go. Hopefully, their business stays up."

Mexicano Express' owner has been serving in Burnham Park for 14 years.

"He thinks that it is really fair, and he hopes that he does stay," said Lesly Gonzales, translating for her father, Gildardo Gonzalez. "He's been here for many, many years."

A possible lawsuit could loom. A community activist said he's considering all legal options.

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"Everyone's concerned because nobody knows who's really going to stay or not," said Walter Garron, spokesman for a coalition of food truck owners.

A conservative law firm has also threatened legal action to stop the ordinance.

"We are following the vote today and if this ordinance is enacted we would consider all legal options to stop these anti-competitive restrictions," said Wisconsin Institute for Law and Librerty Deputy Counsel, Lucas Vebber.

The sponsore of the proposed changes fought back.

"To those naysayers who threaten a lawsuit, where were they when my predecessor was implementing bans all over the district and the city, frankly?" said Milwaukee Alderwoman JoCasta Zamarripa. "That was the only option for years and years. I don't think there's really an option for bans anymore. You have to have a more progressive solution, and we think these food truck zones are the way forward. It is a progressive solution. It's an opportunity to allow trucks to be able to stay and hopefully, continue to thrive."

In other areas, right now just downtown, the ordinance would set up restrictions based on time. That's called Zone One. Food trucks there would close at 1 a.m. and trucks can stay for six hours every 12 hours.

"We did have an issue, in particular, on Water Street in the last couple of summers, in particular, and you just have some rambunctious customers at bar close, as you could imagine, putting people's public safety at risk," said Zamarripa. "We felt it was best for this area of the city to look at a 1 a.m. close time, get them out of there before the crowds come out at bar close, potentially creating some public safety issues."

Around the rest of the city, food trucks would have to close down by 3:30 a.m. on weekends and 3 a.m. on weeknights.

"A little bit of business is going to go down because some of the busiest hours are late at night with people coming out from the bars, the club, parties," said Antunez. "From 2:30 on are the busiest hours, even busier than throughout the day."

The proposal would also require food trucks to place trash bins outside and clean up litter. It would also ban dumping of liquid waste.

The mayor's spokesman said Wednesday he was still reviewing the legislation, but it's likely he'll host a ceremonial signing ceremony on June 14. 

Then, a possible lawsuit would likely follow.