On Thursday, a Milwaukee County judge granted a temporary restraining order blocking enforcement of the City of Milwaukee’s controversial new ordinance that would have prohibited food trucks from operating downtown after 10 p.m. and near Burnham Park after 11 p.m. This decision provides small business owners with immediate relief just days before the restrictions were scheduled to take effect.
The emergency order, obtained by attorneys from the Wisconsin Institute for Law & Liberty on behalf of food truck owner Abdallah Ismail, will remain in effect until at least the next court hearing on June 10. The ordinance, introduced by city officials in response to a recent increase in downtown violence, was set to take effect at 10 p.m. Saturday and included penalties such as license revocation.
WILL Associate Counsel Kirsten Atanasoff represented the case in court on Thursday, successfully requesting a pause on the ordinance while the lawsuit proceeds. “The City of Milwaukee’s ordinance is an unlawful attack on good, honest small businesses like those run by Abdallah Ismail, owner of the beloved Fatty Patty food trucks,” Atanasoff said. “By aggressively limiting hours of sale while simultaneously keeping brick-and-mortar restaurants open, the city is violating the rights of our client.”
Ismail, whose Fatty Patty food trucks operate multiple locations, including on Water Street, echoed the frustration. “This ordinance is going to shut down small businesses and provide less affordable food options to workers and residents of our city,” he said. “Food truck owners create good food and provide a real service, but the city has made us into scapegoats for violence and crime. This cannot stand.”
The lawsuit, filed earlier this week, argues that the curfew violates Article I, Section 1 of the Wisconsin Constitution by infringing on the fundamental right to earn a living and by treating food trucks differently from brick-and-mortar restaurants and bars operating on the same streets. WILL contends that the policy serves as economic protectionism for established restaurants rather than a legitimate public safety measure.
The ordinance was presented as a response to downtown crime, but critics, including WILL and local business owners, argue it does not address policing policies, lenient prosecution, or the actual perpetrators of violence. Instead, it punishes legitimate entrepreneurs who contribute to the local economy by offering affordable late-night options.
This case represents the latest dispute between Milwaukee’s city government and small business owners. WILL is seeking a permanent injunction to overturn the ordinance in its entirety.
The temporary restraining order allows food trucks to continue operating as usual this weekend, offering relief to both owners and customers while the constitutional challenge proceeds.
