Monday, December 4, 2023

Food trucks filing suit against Carolina Beach, calling ‘brick-and-mortar’ requirements illegal

Carolina Beach has a protectionist ordinance that bans those food trucks without a physical restaurant in town limits from operating.

Only trucks that have stores in the town limits can operate in Carolina Beach; a lawsuit, announced today, aims to change that. (Port City Daily photo/FILE)
Only trucks that have stores in the town limits can operate in Carolina Beach; a lawsuit, announced today, aims to change that. (Port City Daily photo | Michael Praats)

NEW HANOVER COUNTY — Several established food trucks from the Wilmington area are filing suit against Carolina Beach, claiming that the town’s food-truck regulations unlawfully supports some businesses over others.

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The owners of several food trucks — including T’Geaux Boys, A&M Red Food Truck, and Poor Piggy’s BBQ — are suing the town over its ordinance, passed earlier this year, which limits the operation of food trucks to those with brick and mortar restaurants located in the town limits. The ordinance effectively bans the majority of food trucks from operating in Carolina Beach.

RELATED: Carolina Beach approves food trucks — with restrictions

The brick and mortar requirement is unique in the region, according to town staff; of 28 communities studied by the town, 21 allowed food truck — but not one required food trucks to have a physical restaurant in the municipal limits in order to operate.

According to Michelle “Mama” Rock, owner of T’Geaux Boys and Mama Rocks Desserts, the owners will meet on the steps of the New Hanover County District Courthouse today at 11 a.m. to discuss specifics of the lawsuit, which the owners have just jointly filed this morning.

According to Rock, the lawsuit alleges – among other complaints – the Carolina Beach’s protectionist brick and mortar requirement is illegal.

This is an evolving story, check back later today for updates, interviews, and more information about the lawsuit.

 

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