Haines City food truck ban proposal has entrepreneurs on edge: ‘The food truck is how we pay our bills’

HAINES CITY, Fla. - A national civil liberties law firm is urging officials in Haines City to "cease efforts to pass a near-total ban on food trucks" ahead of a final reading during a city commission meeting Thursday night.

The Arlington, Virginia-based Institute for Justice argues that Haines City’s food truck ban violates state law as well as the Florida and U.S. Constitutions. The new ordinance would prohibit food trucks from operating within 150 feet of any food establishment, making it difficult for owners to find spaces to operate legally.

The measure would additionally force city staff to stop issuing the necessary approval for new food trucks to legally operate, effectively banning them from operating in Haines City.

Richard Greenwood, development services director for Haines City, outlined the goal of the ordinance as being economic: to "foster an environment that attracts economic opportunity and sustains economic viability."

The proposed food truck ban would prevent the trucks from operating within 100 feet of a restaurant. 

In a letter to city officials dated January 29, Institute for Justice senior attorney Erica Smith Ewing wrote, "Several food truck owners contacted us regarding Ordinance No. 24-2066, which passed its first reading on January 16 and is expected to pass into law on February 1. This ordinance would ban most food trucks in your city, and we have emails showing that city officials are already enforcing the ordinance to ban new trucks from operating.

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The ordinance violates state law protecting food trucks and is also unconstitutional under the Florida Constitution’s protections for economic liberty. We strongly suggest that the City not pass the ordinance into law. We also strongly suggest that the City immediately allow all food trucks with a state license to operate in the City."

The letter charges that "the city’s illegal and unconstitutional enforcement is harming hard-working entrepreneurs who are just trying to support themselves and their families."

Many food truck operators fear the Haines City ordinance will put them out of work. 

One of the entrepreneurs cited in the letter is Lenora Crawford, who owns and operates the "Touch of Philly" food truck.

"Lenora Crawford has stage 4 kidney failure and is now unable to sleep at night because the City has used the ordinance to shut down her food truck," the attorney wrote. "It’s really frustrating," Crawford said in a news release. "We have no income. The food truck is how we pay our bills."

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Another business owner cited in the letter is Gloribel Zamora, who runs and operates Chaufa Mania. "Gloribel is an amputee and had to leave her job as an occupational therapist after she lost her leg. But the ordinance would force her food truck to shut down in October."

The Arlington, Virginia-based Institute for Justice argues that Haines City’s food truck ban violates state law as well as the Florida and U.S. Constitutions.

Attorneys at the Institute for Justice said the women both have state licenses for their food trucks. "Their trucks are popular in the community, with customers traveling miles to buy their food. Crawford and Zamora shouldn’t have to worry about losing their livelihood because of the City’s illegal and unconstitutional actions."

In response to the letter, Ewin told Fox 13 News on Wednesday that Haines City attorney Fred Reilly had reached out to say his office wants to work with the Institute for Justice to reform the food truck laws for the better.

The final reading of the ordinance will be on Thursday at 7 p.m. in the city commission council chamber.