JACKSONVILLE, N.C. (WITN) – A judge ruled Monday that the City of Jacksonville will have to pay those who brought a lawsuit against it, drawing a three-year legal battle to an end.
The battle began in 2022 when three food truck operators filed the suit, saying the rules were too restrictive.
On March 17, the Jacksonville City Council voted to repeal restrictions like a 250-foot buffer from restaurants, limits on commercial signs, and permit fees of $300 a year for residents or $500 for non-residents.
Attorney for the Institute of Justice Justin Pearson says what Jacksonville attempted to do was unconstitutional.
“About a week ago, Jacksonville’s Town Council repealed the food truck restrictions that we were challenging, but they could have always brought those back. What was important about yesterday’s court win is that we have a court decision telling Jacksonville what they did was wrong, which should prevent these unconstitutional restrictions from ever coming back,” Pearson said.
WITN has made attempts for an interview with city officials, but nobody was available. However, a statement was provided to WITN.
The statement reads: “We are pleased to have reached an outcome that is favorable for all parties involved and look forward to working with food trucks and other business owners in the future.”
Anthony Proctor, owner of the food truck and restaurant “The Spot,” is pleased with the decision.
“It was never about winning or losing, but it was always about right or wrong. We just wanted the opportunity to be able to serve the community without all the restrictions and liabilities that came along with it,” Proctor said.
The Institute for Justice, the firm that filed the lawsuit, says a judge ordered the city to pay each plaintiff $4 in nominal damages — $1 for each of four constitutional claims. Pearson says Jacksonville taxpayers should be upset.
“Everyone in Jacksonville should be outraged at how their local government has wasted their tax dollars trying to save face over their own violations of the North Carolina constitution,” Pearson said.
The city is expected to owe at least over $20,000, according to Pearson.
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