Legal dispute persists between city, food truck


Source: Facebook

Beavers Donuts cannot operate a food truck in Evanston due to a 2010 ordinance that only allows businesses with brick-and-mortar restaurants to operate food trucks in the city. The owners of the business filed a lawsuit against the city over a year ago.

Ciara McCarthy, City Editor

The legal back-and-forth between Evanston and a Chicago-based food truck continued Tuesday after a Cook County judge scheduled oral arguments to begin in March.

Beavers Donuts first sued the city in August 2012 over the city’s code on mobile food vendors, which restricts food truck licenses to establishments with a physical restaurant within city limits. The food truck, which recently opened up a brick-and-mortar store in Chicago, has filed two amended complaints in the last 18 months. The city has filed motions to dismiss in response to all three complaints.

The latest amended complaint breaks down the food truck’s claim into more detail, Beavers’ attorney Jacob Huebert said.

Huebert, of the Liberty Justice Center, added that under the city’s code, certain vending machines are classified as licensed food establishments. “That would qualify you to apply for a food truck license, whereas our guys can’t do that,” he said.

If the judge declines the city’s motion to dismiss, the suit will likely be decided by summary judgment, Huebert said.

Evanston does not comment on ongoing litigation.

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