The Parksley Town Council and a council member in a recent court filing have denied most of the allegations leveled against them in a federal civil rights lawsuit filed by the owners of a Haitian food truck.
Attorneys representing the Town Council and member Henry Nicholson formally responded Feb. 19 to the lawsuit.
Theslet Benoir and Clemene Bastien, the owners of Eben-Ezer Haitian Food Truck, said in their lawsuit that Nicholson intimidated the couple and made several efforts to hurt their business before leading a town effort to ban food trucks. The Institute for Justice, a national nonprofit law firm specializing in civil liberties cases, helped them file the lawsuit in Norfolk federal court in January.
After obtaining a business license from the town in May, the couple began operating the food truck next to their existing grocery store in Parksley. They claim in court documents that Nicholson approached them in June and berated them for competing with brick-and-mortar stores, then returned to their property that day and cut their water line, spoiling food.
The couple claims Nicholson came back the next day and attempted to prevent a box truck from delivering food, according to the complaint before telling Bastien, “Go back to your own country!” The complaint says Nicholson then parked his car directly in front of the store, blocking entry. After Nicholson refused to move his vehicle, the complaint says the car was towed.
Nicholson denies in the court document that he told Bastien to go back to her own country. Nicholson said in the response that he met with the couple, but denies berating them or telling them their operation would hurt brick-and-mortar businesses.
The response says the box truck was blocking the sidewalk, and Nicholson was attempting to get the driver to move it. Nicholson denies in the response that he blocked the storefront with his car and said he was parked in a street parking space. The response also denies that the car was towed.
However, Nicholson claims in the response that he noticed the couple was illegally dumping grease into the town’s sewer system through a PVC pipe. Later that day, Nicholson cut their sewer line, but not the water line, the document said..
The response said Nicholson was authorized to confront the couple and enter their property without the couple’s expressed approval to “take remedial action” because it was part of his council duties overseeing the town public works department. The response said the couple was issued a $2,500 illegal dumping fine, which remains unpaid.
The couple denies dumping grease into the Parksley sewer, Institute for Justice spokesperson Dan King said in an email. He said the food truck stored grease in a separate container and the couple paid a third party for removal. Even if there were an issue, King said Nicholson wasn’t authorized to cut the line.
“That’s a job for a code enforcement officer or for the police — not a local legislator,” King said.
After the incidents, the couple continued to operate the food truck. However, Town Council passed an effective ban on food trucks during an October meeting, limiting them to special events only. One month later, the council voted to repeal the ordinance after the Institute for Justice sent the town a letter saying the ban might be unconstitutional.
Just days later, Bastien and Benoir received a letter from attorneys representing the town saying operation of a food truck was not permitted under the town’s zoning code, which was written before the ban was enacted.
This zoning code means the couple was never allowed to operate a food truck, according to the lawsuit response, even though they were issued a business license from the town. The response admits that the belief of council members that the “Town had authority to approve the general operation of a food truck within the Town limits” was erroneous.
The couple received necessary approval from the state and Accomack County before opening the truck, King said.
In their lawsuit, the couple is seeking protection under the Civil Rights Act because they believe they have been treated differently because of their Haitian descent. The lawsuit also cites the Fourth Amendment’s protection against unreasonable search and seizure, the 14th Amendment’s due process of law and the First Amendment’s protection of free speech and petitioning the government for changes.
Food trucks have struggled to operate in Hampton Roads. Hampton heavily restricted where food trucks could operate until mid-2023 . Food truck rules were also a source of confusion for Virginia Beach business owners in 2020.
Trevor Metcalfe, 757-222-5345, trevor.metcalfe@pilotonline.com
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