Milwaukee food truck hours; judge issues temporary restraining order

Milwaukee food truck hours; judge issues temporary restraining order

A judge has issued a temporary restraining order against a Milwaukee ordinance that curtails food truck operating hours. The order will remain until the next hearing in June. So for now, the city cannot enforce the ordinance and closing time for food trucks will effectively remain at 1 a.m.

MILWAUKEE - A judge has issued a temporary restraining order against a Milwaukee ordinance that curtails food truck operating hours. The order will remain until the next hearing in June.

So for now, the city cannot enforce the ordinance and closing time for food trucks will effectively remain at 1 a.m.

Food truck curfew stopped…for now

What we know:

The food truck crackdown was set to start Saturday.

"Putting an order like that, closing the business date, I'm not sure they care about us or not," said Fatty Patty owner Abdallah Ismail. "I mean, it is an emergency for us, but for them, I'm not sure if that's considered an emergency."

Abdallah Ismail

On Thursday, May 7, Ismail sued the City of Milwaukee. He said he risked his downtown truck being shutdown during his busiest times.

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"Before, 50% to 80% of the sale happened after 10 p.m., especially on the weekend," added Ismail.

The Milwaukee ordinance would have required downtown food trucks to close every night at 10 p.m. and not reopen until 6 a.m. Food trucks in Burnham Park would have had to close at 11 p.m.

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Milwaukee food truck hours; lawsuit filed to block new curfew

The Wisconsin Institute for Law & Liberty filed a lawsuit on behalf of Milwaukee food truck owner Abdallah Ismail. The lawsuit seeks to block Milwaukee's new food truck curfew.

The Wisconsin Institute for Law and Liberty (WILL) filed Ismail's lawsuit. A Milwaukee County judge sided with him, issuing a temporary restraining order against the city.

"It's really good. A month rather than five days that we were expecting. It’s really great," said Ismail.

In April, Milwaukee's Common Council and mayor approved a stricter food truck curfew. The proposal’s sponsor, Alderman Bob Bauman, said Milwaukee police pointed to crime problems on Water Street downtown.

"They provided the eyewitness testimony that, yes, food trucks are a problem in terms of dealing with the underage crowds that show up on Water Street," said Alderman Bauman. "We need a curfew for food trucks. Food trucks are a major contribution to the loitering, confrontations and fighting and the violence that takes place."

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"We have, I mean, enough evidence that shows that we're not related to any, let's say, violence that happened there," said Ismail.

Alderman Bauman pointed out that the city attorney's office reviewed and certified the ordinance was legal and enforceable. A judge will decide.

The next court hearing is set for June 10. So, again, that means these food trucks downtown and in Burnham Park can stay open until 1 a.m., at least until then.