After months of discussion in Norwood about banning private property owners from hosting food trucks on their property, the Institute for Justice (IJ), a public interest law firm, sent a letter to Norwood City Council calling for the officials to stop pursuing the ban.
According to a news release from IJ, Norwood’s plan to ban food trucks on private property “could violate the constitutional rights of Ohioans and harm both the public safety and local economy of Norwood.”
The council’s May 28 agenda said the ordinance, which proposes an amendment to the city’s planning and zoning code, aims to “promote clarity and consistency in policy interpretation” by prohibiting food trucks from operating on individual lots and private property.
The amendment would significantly hinder food truck operation because many food truck business owners are semi-permanently located on private property, and many others rely on events on private property to operate.
“Food trucks help the local economy and make communities safer,” said IJ Senior Attorney Justin Pearson in the news release. “If Norwood’s property owners want to invite food trucks to operate on their land, city officials should be celebrating, not trying to stop them.”
Norwood City Council and the city’s Small Business & Economic Development Committee have had several discussions about the potential ban, consulting restaurant owners and food truck owners. Councilors Sam Bowling, Jeff Girton and Emily Franzen led the Small Business & Economic Development Committee meeting on June 17, 2024.
At the meeting, one food truck owner, who was not identified in the recording of the meeting, said he collected signatures to oppose the ban.
“We’re going to try to do anything by the law and the way it should be, but we need this job,” he said. “We support our family out of there, and I don’t do nothing else besides that. So if I close [the food truck], then I’m going to have no job and that’s how I support my family.”
Several food truck owners at the meeting also noted that they pay a lease to operate their food trucks on private property.
However, a restaurant owner, who was also not identified at the meeting, said she is required to purchase day use permits to sell her food on private property for events like community markets, while food trucks can currently sell food on private property in Norwood for no additional cost.
“A food truck can pull up and have no permit and waltz right in,” she said. “But yet I’m not allowed to be involved in the community outreach stuff.”
However, food truck owners at the meeting noted that they are charged high amounts when they operate at events outside of Norwood, and that they chose their business model based on the current rules.
Additionally, they argued that their trucks bring business into Norwood.
Studies from the IJ show that food trucks can “help create jobs, improve public safety, and revitalize underused public spaces.”
According to the IJ, Ohio state courts have a history of ruling in favor of businesses facing unreasonable restrictions. Furthermore, the law firm notes that “the U.S. Supreme Court has ruled that restricting one type of business to protect another—also known as economic protectionism—violates the U.S. Constitution.”
The IJ has challenged the city of Norwood before, when the firm defeated the city in a case protecting homeowners from losing property for private redevelopment in 2006.
Bowling said the ordinance will not proceed in council until the Small Business & Economic Development Committee finishes their discussions.
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