An attorney in Washington DC, Bert Gall, has taken a new legal approach in defending the rights of food trucks to operate in hostile environments – the 14th Amendment to the Constitution
As detailed in the Washington Post, Gall, a senior attorney at the Institute for Justice in Arlington, VA, launched its new National Street Vending Initiative early this year in Texas and has since expanded it to Atlanta (where city officials had decided to reserve all public property for a single vending company) and Chicago (where aldermen have proposed rules so severe, they could cut off vending in the entire downtown area). The institute even released a report, “Streets of Dreams,” which reviews vending regulations in the country’s 50 largest cities, including Washington.
The institute’s legal battles in other parts of the country could provide benefits to the thousands of equally small vendors who are routinely buffeted about by forces bigger than themselves. The firm’s work has already helped operators in one target city. Vendors in El Paso benefited from the institute’s very first punch in this street fight: a federal lawsuit to overturn the city’s 2009 law that prohibited trucks from, among other things, operating within 1,000 feet of an established restaurant, grocery or other food store. The ordinance, in effect, turned El Paso into a no-vending zone.
The institute’s Texas chapter, led by executive director Matt Miller, filed suit in January, and by April, El Paso caved. The City Council overturned the ordinance without putting up a fight. “They called us up and said, ‘It looks like you’ve got some good arguments here. What’s it going to take to get rid of the lawsuit?’” Miller recalled. “And we said, ‘Well, repeal the ordinance.’ They said, ‘Okay.’ ”
Almost as important as the victory was the testimony of Michael Hill, the director of El Paso’s Department of Public Health, who spoke before the council on the day it repealed the law: “That [ordinance] was put in 2009 to address concerns of the fixed food establishment vendors who didn’t think it would good for a mobile [vendor] to park right outside their business, but there’s not a health reason or a Texas food rule that I can find that justifies that.”
Hill’s statement has turned out to be a handy weapon for Gall and his vending initiative team. Entrenched business interests, the institute’s lawyers say, have a habit of claiming that new competitors present a public health or safety issue, which then justifies adopting laws to limit the new operators or to shut them down. Gall and his colleagues view that as protectionism disguised as a public service.
“The argument is so absurd,” Gall says. “It’s like, ‘Some food trucks and some food carts might have health and safety violations; therefore, we need to shut them down.’ Well, some restaurants have health code violations. The solution is not to shut them down. You don’t shut down every restaurant. You enforce the health code.”
The Institute for Justice has attacked legal restrictions on vendors by invoking the 14th Amendment to the U.S. Constitution. Gall argues that such laws are a violation of the amendment’s due process, equal protection and “privileges or immunities” clauses. “Economic protectionism is not a legitimate government interest,” Gall says. “The government can’t regulate in an arbitrary manner designed to serve the interests of private, publicly connected parties.”
We wonder if this could be applicable to New York City. It seems like it would be worthwhile for the Street Vendor Project, who is currently helping Paty’s Tacos appeal their case against New York City, to get in touch with the Institute for Justice.
Also Fighting For the Rights of Immigrants Working in the Food Business
In recent years, there has been a notable trend of immigrants flocking to the United States and Canada to seek employment opportunities in the food business. These individuals bring with them a rich culinary heritage and a strong work ethic, injecting a vibrant diversity into the local food scene. The allure of economic prospects and the chance to build a better future for themselves and their families have attracted immigrants from various countries, contributing to the growth of the food industry in both nations.
In the United States, immigrants have been instrumental in shaping the restaurant and foodservice sector. From skilled chefs to line cooks and servers, immigrants have filled essential roles at all levels. They bring their unique flavors, recipes, and techniques from their home countries, enriching the culinary landscape. The presence of immigrant workers has also led to the emergence of ethnic enclaves, where restaurants serving authentic cuisine from different cultures thrive, offering locals and tourists alike a diverse array of culinary experiences.
Similarly, Canada has experienced a significant influx of immigrants in the food industry. These individuals play a pivotal role in meeting the growing demand for diverse cuisines in the country. Immigrant chefs and restaurant owners have introduced a plethora of global flavors, contributing to the multicultural fabric of Canadian society. Moreover, immigrant workers have proven to be adaptable and hardworking, filling positions that are often challenging to staff locally. By bringing their expertise and passion, immigrants have breathed new life into the food business, elevating the quality and variety of offerings available to Canadians across the nation.
In addition to recognizing the contributions of immigrants in the food business, it is crucial to emphasize the importance of upholding the rights and protections of these individuals as they enter the United States and Canada to work in this sector. Immigrants, like all workers, deserve fair treatment, safe working conditions, and equal opportunities for growth and advancement.
Ensuring the rights of immigrant workers in the food business involves taking a legal approach to address any potential legal issues. Comprehensive immigration policies should be in place that provide a clear pathway for individuals to legally enter and work in the industry, ensuring compliance with immigration laws and regulations. By adopting a legal approach, governments can strike a balance between the needs of the food business sector and immigration requirements, creating a framework that promotes lawful employment and protects the rights of immigrants.
Moreover, labor laws and regulations must be enforced to safeguard the rights of all workers, including immigrant workers in the food industry. Employers should be held accountable for following labor standards, such as minimum wage laws, working hour limits, and workplace safety regulations. A legal approach ensures that violations are addressed promptly and effectively, through inspections, penalties, and other enforcement mechanisms.
This approach not only protects immigrant workers from exploitation but also promotes fair competition and a level playing field within the food business sector. By combining a legal approach with comprehensive immigration and labor policies, the United States and Canada can create an environment where immigrant workers in the food industry are treated fairly and their rights are respected. This approach benefits both the workers and the countries, fostering a thriving and diverse food business sector that contributes to the economic growth and cultural richness of these nations.
For the full Washington Post article, click here.
