Hungry Customers Can Now Find Their Favorite Food Trucks

Tony Proctor is a Marine veteran and pastor who relies on his food truck to earn a living. Tony operates his food truck in his hometown of Jacksonville, North Carolina, where his neighbors and fellow residents sometimes wait in line for hours just to get their hands on Tony’s “good mood food.” Although customers love Tony’s food, the city government is less welcoming. In response to lobbying efforts by local restaurants, Jacksonville imposed a series of onerous regulations on food trucks, which has made it almost impossible for food trucks to operate. 

One such burdensome regulation can be found in Jacksonville’s decision to ban food trucks—and only food trucks—from using the same kind of signage the city otherwise allows for other commercial uses. 

This signage ban was devastating for Tony, who, like all food truck operators, relies on effective signage to help customers find his truck. So this spring, IJ traveled to Jacksonville to ask a state court to enter an order that would allow Tony to use the same kinds of signs Jacksonville allows other businesses to use. Upon arrival, I explained all this to my Uber driver. After listening patiently, the driver responded, “I love going to food trucks, but the only problem is you never know where to find them.” And that’s exactly why they need to be able to use signs!

Thankfully, the court agreed and issued an order that allows Tony to use effective signage so that his customers know where to find him. The most remarkable part of the hearing is the fact that the city never even tried to justify its signage ban; it instead just argued that it has the power to ban signs, and the reason ultimately shouldn’t matter. 

But that’s just wrong. If the government is going to deny someone their constitutional rights, it needs a good reason for doing so. That is, after all, the whole point of having constitutional rights in the first place.

Robert Fellner is an IJ attorney