Trucks et al v. Oneonta, Alabama, City of et al

On June 27, 2023, married food truck owners Jonathan and Kristi Trucks, along with another vendor, filed a federal lawsuit against the City of Oneonta, Alabama. The plaintiffs challenge a 2022 city ordinance that effectively bans mobile food trucks from operating on private property. Represented by the Institute for Justice, they allege the law violates their constitutional rights to due process and equal protection, as well as state law protections for economic liberty. The complaint argues the ordinance arbitrarily favors brick-and-mortar restaurants while destroying the livelihoods of small mobile vendors. The suit seeks declaratory and injunctive relief to permanently block enforcement of the food truck ban.

The case is currently pending before the U.S. District Court for the Northern District of Alabama. As of the latest update, no final judgment has been entered; the plaintiffs are seeking a preliminary and permanent injunction against the ordinance.

Whether the City of Oneonta's food truck ordinance constitutes an unconstitutional infringement on the plaintiffs' due process, equal protection, and economic liberty rights, and whether it violates Alabama state law by imposing irrational and protectionist restrictions on mobile vendors.

The case has drawn attention to the broader national debate over food truck regulations and economic liberty. It highlights tensions between municipal zoning authority and the rights of small entrepreneurs, reinforcing the advocacy efforts of organizations like the Institute for Justice to dismantle protectionist local barriers and promote mobile vending as a viable entry point into the food industry.