Gibraltar Food Truck Owners File Lawsuit Against Town

On May 10, Lisa and Kevin Howard, owners of White Cottage Red Door officially notified the Town of Gibraltar they are taking the first step toward filing a lawsuit against what they say is an unconstitutional ordinance that is preventing them from operating a county-permitted and state-licensed food truck. The store owners tried to satisfy their customers by opening a food truck in their own parking lot next to the shop. But Gibraltar’s board was not thrilled with the new competition for existing brick-and-mortar restaurants. So, shortly after the food truck opened, the board promptly banned all businesses on wheels. “White Cottage Red Door just wants to sell burgers and barbecue on its own property from a state- and county-approved food truck,” said Milad Emam, an attorney with the Institute for Justice, which represents White Cottage Red Door. “The only thing stopping it is the Gibraltar town board, whose members passed an ordinance to protect special interests. That’s not just wrong, it’s also unconstitutional. The Wisconsin Constitution clearly prohibits governments from picking winners and losers, which is why we’re putting the board officially on notice: either repeal this unjust law, or face a lawsuit.” The owners of White Cottage Red Door and the Institute for Justice are filing an official notice with the town that its unconstitutional ordinance must be repealed. Gibraltar will have 120 days to respond. If the town board insists on maintaining the ban, White Cottage Red Door and the Institute for Justice will file a lawsuit.

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