HAINES CITY, Fla. — Haines City commissioners scheduled a workshop for later this month to talk about possible changes to the city’s food truck ordinance.
According to city documents, the goal of the changes is to “foster an environment that attracts economic opportunity and sustains economic viability,” but opponents say it amounts to a food truck ban.
What You Need To Know
- Haines City commissioners are considering changes to its food truck ordinance
- Opponents say the updates would amount to a food truck ban
- The city’s mayor says the plan isn’t to eliminate the trucks, but to make adjustments to the ordinance that create a fair situation for all food businesses
- The national nonprofit, Institute for Justice, wrote a letter to city officials asking them not to pass the changed ordinance, saying it violates both state law and Florida’s constitution
“I think what we’re going to need to do is obviously flesh it out thoroughly so that we’re fair to what’s commonly called ‘brick and mortar’ restaurants and to the young entrepreneurs that run the mobile part of it,” said Haines City Mayor Roy Tyler.
Under the updated ordinance, the city would stop issuing business tax receipts food trucks need to operate. Current receipts won’t be renewed after October unless trucks are in industrial or commercial zones. Food trucks would also have to stay at least 500 feet away from any existing food business. City documents also state that trucks that meet all requirements can participate in city sponsored special events. The city adopted a first reading of the ordinance on January 16.
Food truck owners, like Gloribel Zamora and Pamela Bridges, said this raises serious questions about the future of their livelihoods. Zamora and her husband launched their Chaufa Mania food truck in July. They rent space on private property along Main Street East. Zamora said they’ve built a loyal following.
“They say they really love it and they keep coming back. That means a lot to us,” Zamora said.
Zamora said the couple started the business as a new way to earn money.
“As an occupational therapist, I lost my right leg. So, I was figuring out what we can do together that will be a little different. I can do the paperwork, because physical labor is not so easy,” she said.
Their time in Haines City could be coming to an end if the ordinance updates pass.
“I would have to find another place, and I would have to start all over again,” Zamora said.
Bridges said her Soul Train Express food truck offers customers unique options with its menu of soul food.
“The community is appreciative that I’m here, so I don’t want to leave,” Bridges said. “But, you know, this is just going to put a big damper. Not even that — it’s really going to change more than they think it would. I mean, this is our livelihood.”
Zamora and another owner reached out to the national nonprofit Institute for Justice. The law firm has sued cities nationwide, including Fort Pierce in Florida, for what it says are “unreasonable and burdensome rules” for food trucks. It sent a letter to Haines City officials this week urging commissioners not to approve the changes.
“This is the most egregious food truck ordinance that I’ve seen in quite a while. This one is pretty bad,” said Erica Smith Ewing, an Institute for Justice senior attorney.
Ewing said the updated ordinance would violate both state law and the Florida constitution. According to IJ, state law blocks local governments from making food trucks get separate permits to operate other than what’s required by the state. It also notes there’s a state ban on cities not allowing any space within their jurisdiction for food trucks to set up. When it comes to Florida’s constitution, Institute for Justice said the ordinance goes against a due process clause that protects residents’ right to earn an honest living.
Commissioners were expected to take a final vote on the ordinance Thursday. Instead, Mayor Tyler said he wanted to schedule a workshop to give members more time to talk about the issue in depth.
“The state has kind of thrown a big pebble into the water of how we could handle food trucks,” Tyler told Spectrum Bay News 9 in an interview before the meeting.
Tyler said the city is not trying to eliminate food trucks.
“Never has been the plan to do that,” he said. “I think what happens is people kind of get entrenched in their side of the fence, so to speak, and then everything on the other side of the fence becomes the enemy,” Tyler said.
The mayor said the city had around 15 food trucks when its ordinance regarding mobile vendors was first created. Now that there are more and some have more permanent set-ups, he said the city is looking to adjust the ordinance to the changing situation.
“We’re going to be working on something that allows them the best opportunity to do business. This is still America, where small enterprise begets success. So, you know, you can’t stamp that down at any level. So, you’ve got to allow the opportunity for those businesses to keep doing business,” Tyler said.
The workshop is scheduled for 6 p.m on February 12.
