The Ongoing Battle for Chicago’s Food Trucks

Chicago’s food truck law was challenged and recently reached the Illinois Supreme Court on May 23, 2019. Chicago’s food truck law restricts how and where food trucks may operate. In this long awaited decision, food trucks lost as the court sided with the City of Chicago.

The battle between food trucks and Chicago’s restrictions has been long ongoing. Laura Pekarik of Cupcakes for Courage filed the initial complaint against the restrictive food truck laws in 2012 alleging that Chicago’s food truck law unreasonably favors brick-and-mortar restaurants over food trucks. After the Circuit Court of Cook County and the appellate court ruled in favor of the City, Pekarik’s case found its way to the Supreme Court of Illinois in LMP Services, Inc., et al . v. The City of Chicago.

Food Truck Law

In her complaint, Pekarik focused on challenging two sections of the Municipal Code of Chicago known as “the 200-foot rule” that limits the available locations that food trucks may park based on the proximately to brick-and-mortar restaurants and the “GPS requirement” that requires food truck owners to have a GPS device permanently installed on their vehicles.

The 200-foot rule has been in effect since September 1991 and states that “[n]o operator of a mobile food vehicle shall park or stand such vehicle within 200 feet of any principal customer entrance to a restaurant which is located on the street level.” Chicago Municipal Code § 7-38-115(f) (amended July 25, 2012). Not only does this law apply to commonly known eateries, but this provision defines “restaurant” as “any public place at a fixed location kept, used, maintained, advertised and held out to the public as a place where food and drink is prepared and served for the public…” expanding the protection of these laws to corner supermarkets and even gas stations. Id. This restriction applies regardless of whether or not the truck is parked on public or private property.

Competing Models

Food trucks already have several problems to overcome that do not apply to traditional brick-and-mortar restaurants. Their business is largely dependent on weather. Further, menus are severely limited. Also, customers do not always know where to find them, and, because of laws like Chicago’s 200-foot rule and GPS requirement, their location is heavily monitored.

It seems the city of Chicago is doing its best to protect brick-and-mortar restaurants from the threat of the growing food truck business. But do they really need protection? How many customers does a brick and mortar restaurant lose to a food truck? I bet not many. Regardless, free enterprise should determine which model thrives. It would be unfortunate that costly regulations prevent food trucks from surviving. On the other hand, brick and mortar restaurants have higher overhead. They must comply with other complex regulations and municipal codes.

Restaurants bring positive benefits to the city of Chicago and should be supported, but food trucks may be equally as beneficial. Food trucks offer innovation, convenience, and attract attention. They benefit both the customers they serve and city they operate in. Neither business model is inherently more beneficial than the other.

In their opinion filed on May 23, 2019, the Supreme Court of Illinois affirmed the judgment of the appellate court and food trucks will continue to have to abide by the 200-foot rule and the GPS requirement. However, government intervention should not be the solution to this issue as competition and customer demand should be the deciding factor in which business, regardless of its model, ultimately flourishes.

If you are interested in learning more about this matter, please contact Theodore M. McGinn at (847) 705-5555 or tmcginn@lavellelaw.com.