JACKSONVILLE, N.C. (WITN) – The city of Jacksonville has been ordered by a judge to pay those who brought a lawsuit against it as part of a three-year-long food truck fight.
According to the law firm that filed the initial lawsuit, Institute for Justice, on Monday, a judge ordered the city to pay each of the plaintiffs $4 in nominal damages, which the firm says reflects $1 for each of the four constitutional claims that were brought.
The judge also ruled that the city must pay the court costs incurred in bringing the action.
“This is a tremendous victory for our clients, Nicole Gonzalez, Octavius (“Ray”) Raymond, and Tony Proctor, who defended not just their own rights to economic freedom, but also the rights of everyone in the state,” Institute for Justice attorney Robert Fellner said.
Gonzalez, Raymond, and Proctor sued the city in December 2022 over its sign restrictions dealing with the food trucks.
Last May, a judge granted them a temporary injunction against the restrictions.
On March 17, Jacksonville City Council unanimously voted to repeal three parts of its food truck ordinance. Institute for Justice says the council voted to end what it calls excessive restrictions on food truck operators.
Those include forbidding food trucks from operating within 250 feet of any restaurant, forbidding food trucks from using commercial signs that other businesses are allowed to use, and charging them a $300 per year permit fee for residents, or $500 for non-residents.
The communications project manager for the law firm, Phillip Suderman, told WITN that the court cost number is still being worked out, but they estimate it to exceed $20,000.
WITN has reached out to the city of Jacksonville to see if it will be appealing the decision.
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