A Milwaukee food truck owner filed a lawsuit Thursday against the City of Milwaukee, arguing a new ordinance banning food trucks from operating downtown after 10 p.m. unconstitutionally restricts the right to earn a living and unfairly targets mobile vendors while exempting brick-and-mortar restaurants and bars.
The Wisconsin Institute for Law & Liberty (WILL) filed the lawsuit on behalf of Abdallah Ismail, owner of Fatty Patty food trucks, which operates five locations in the greater Milwaukee area, including one on Water Street. The ordinance, scheduled to take effect at 10 p.m. Saturday, also imposes an 11 p.m. curfew on food trucks near Burnham Park. City officials have publicly blamed food trucks for contributing to downtown Milwaukee’s violent crime problem.
Ismail and WILL argue that the ban is not about public safety but economic protectionism, favoring established restaurants. In court filings, they claim the ordinance violates Article I, Section 1 of the Wisconsin Constitution by interfering with the fundamental right to earn a living and by arbitrarily treating food trucks differently from bars and restaurants operating on the same streets.
“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,” said Kirsten Atanasoff, WILL associate counsel. “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 business model offers lower barriers to entry and affordable options for workers and residents, described the city’s rationale as misguided. “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.”
WILL is seeking an emergency stay to block the ordinance from going into effect. The group argues the policy harms entrepreneurial freedom. Food trucks have long served as a flexible, customer-driven alternative to traditional dining, especially in downtown areas with limited late-night options.
The lawsuit comes as Milwaukee residents have pushed back against the ban, with many questioning whether restricting legitimate businesses addresses the root causes of crime, such as failed policing policies or lenient prosecution, rather than targeting vendors who operate openly and contribute to the local economy. WILL’s filing emphasizes that food truck operators are not responsible for downtown violence, despite the city’s claims.
