Milwaukee food truck hours; lawsuit filed to block new curfew

MILWAUKEE - The Wisconsin Institute for Law & Liberty (WILL) filed on Thursday, May 7, a lawsuit on behalf of Milwaukee food truck owner Abdallah Ismail. The lawsuit seeks to block Milwaukee's new food truck curfew. 

Food truck curfew challenged

What we know:

The new Milwaukee ordinance takes effect on Saturday, May 9. It will require food trucks in the downtown area to close by 10 p.m. In other food truck zones, it's now 11 p.m. The previous closing time for food trucks in the city was 1 a.m.

FREE DOWNLOAD: Get breaking news alerts in the FOX LOCAL Mobile app for iOS or Android

Ismail has operated the Fatty Patty food truck. His busiest location has been on Water Street in downtown Milwaukee.

What they're saying:

"10 p.m. is the big time. We get a line of people starting at 10," Ismail said. "This is unfair. It doesn't make sense.

Ismail said the new city curfew would stop his business in its tracks. 

"This would mean to me, closing the business," Ismail said. 

"It requires them to shut down during their busiest hours, and it’s going to immediately cause a loss of business income. But it’s also going to violate their constitutional rights," said Kirsten Atanasoff, WILL attorney. 

Safety concerns

The other side:

The Milwaukee Common Council voted unanimously to enact the curfew. Mayor Cavalier Johnson signed the order. 

City leaders say the new hours would help stop underage people from loitering, and curb violence in the area. 

"They are mostly under 21 and that is the main cause of this order and the main cause of the fighting and violence and shootings," said Milwaukee Alderman Bob Bauman. 

Bauman is the alderman for the district. He said the curfew comes after hearing from downtown stakeholders after a fatal shooting on the street in March. 

"I’ve heard from the people I represent. I’ve heard loud and clear from the people I represent," Bauman said.

SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News

Food truck owners say they feel like scapegoats. They are asking a court to help them stay in business. 

What's next:

The mayor and city attorney's office would not comment on the pending litigation.

This also impacts food trucks on Burnham that will now have to close at 11 p.m. Alderman Bauman said other things are being discussed to help stop the violence, like possible barricades on Water Street. 

MilwaukeeSmall BusinessNews