As Haines City moves to prohibit or restrict food trucks, small-business owners ask why

HAINES CITY — Laura Moore and her husband, Josh, are Haines City natives who own Smokin' Oak BBQ & Catering. These small-business owners are worried whether they'll be able to continue dishing up barbecue in their hometown.

Haines City officials are taking a hard look at whether to tighten the city's restrictions on mobile food vendors, like the Moores' food truck. The commission will meet 6 p.m. Thursday at City Hall for a workshop to determine what, if any, new regulations will be put in place ― with a possible vote following at the 7 p.m. commission meeting.

Thursday night could determine the fate of food truck operations in the city.

"It's really concerning, why this push all of a sudden?" Laura Moore said.

Proposed regulations blindside small businesses

On Jan. 16, Haines City officials first considered changes to the city's Mobile Food Vendor ordinance. The proposal called for the city to stop issuing a license, or business tax receipt, to any new food trucks wanting to operate in Haines City.

"It has been found that mobile food vendors... are incompatible with permitted uses in the zoning districts, and to the economic values generally within the city," reads the city's findings.

The proposed changes also called for a minimum of 150 feet between food trucks and any other food sales, including restaurants, drive-ins, fast food or refreshment stands. This 150-foot restriction would be measured from the closest property line, not the actual location of the food business.

The food truck restrictions were approved by Haines City commissioners on a first reading with one change: the 150-foot restriction would be increased to a proposed 500 feet. A second reading of the proposed ordinance and vote are required for the changes to take effect and become law.

Moore said she and her husband were blindsided by the city's proposed changes and the potential impacts on Smokin' Oak BBQ.

"A customer reached out to us afterwards and said, 'Did anyone see this ordinance?'" Moore said. "It hadn't been talked about in the community much."

Food truck cited, shutdown prior to law's approval

Davenport resident Lenora Crawford, 62, who co-owns the "Touch of Philly" food truck was painfully aware of the proposed crackdown.

"I'm already one of the first victims," she said.

Crawford, 62, and her husband had retired in their native Philadelphia and moved to Florida. Crawford said she was diagnosed with stage 4 kidney failure, and needing more income decided with her husband to launch a food truck serving up their favorite sandwich, a Philly cheesesteak and other classics. The Touch of Philly was born and the food truck operated successfully for a while, Crawford said, until a car wash they parked at came under new management and they were asked to move.

Crawford's food truck was cited and shut down within three days of moving to a Haines City location — at Picker's Paradise, 1381 Southern Dunes Blvd. — for not have a business tax receipt, or license, from the city.

Crawford said she obtained the application and submitted it to City Hall only to be denied a license for her business.

Crawford said she attended the Jan. 16 meeting and was given no remedy to reopen her business, left with no income. She emailed the Haines City Police Department seeking answers, and a Jan. 23 response shared with The Ledger from code enforcement staff cites the proposed ordinance stating new food vendors won't be granted a license.

"How can they do that? It's not even a law," she said. "They are making it up, they are playing with people's livelihoods."

Crawford contacted the Institute for Justice, a nonprofit, private-interest law firm with offices in Miami that was highly involved in getting Florida state laws on food trucks passed in 2020 ―two years after Haines City's ordinance was originally implemented.

"This is all in violation of state law," Erica Smith Ewing, an attorney with the Institute for Justice, told The Ledger. "It's nuts the city was enforcing this ordinance before it was even passed."

Haines City food truck operators mount legal opposition

The Institute for Justice sent a Jan. 29 letter to Haines City officials stating its clear opposition to city efforts to tighten regulations on food truck operations.

"This ordinance would ban most food trucks in your city, and we have emails showing that city officials are already enforcing the ordinance to ban new trucks from operating," reads the institute's letter.

Ewing said she thinks city's requirement for food trucks to get a business tax receipt, or license, from Haines City is also illegal — given the mobile food vendors that are already licensed and approved under state law to operate.

The letter raised enough concern that Haines City's attorney, Fred Reilly, advised the commission to postpone a second reading until March. Reilly asked for time to work with Ewing to address local business owners' concerns.

But at a Feb. 1 commission meeting, Reilly made statements that raised concern.

Speaking to food truck operators in attendance, Reilly said, "I talked to [Ewing] in terms based on some of the issues you raised, some of which may have merit and some of which I don't agree with."

Where do food truck operations stand?

Mayor Ron Tyler gave his permission Feb. 1 for all food trucks to temporarily continue operations within Haines City while the new ordinance is hammered out, as noted in Haines City's yet to be approved meeting minutes.

Crawford said this has allowed her to open up and start serving cheesesteaks again. But she remains concerned.

"We don't know what they are going to do," Crawford said. "They could shut us right back down again."

Moore said she's gotten a look at some of the latest regulations discussed between city officials and the Institute for Justice. According to the institute, some of the latest proposed changes for food truck regulations in Haines City are:

• One food truck per lot.

• A prohibition on food trucks offering seating, such as picnic tables, for customers.

• A requirement for each truck to provide three parking spaces for customer use.

The proposed ordinance listed for the commission's consideration in their Thursday meeting does not reflect these changes. The city attorney has submitted a memorandum recommending city officials adjourn their decision until a new draft of the ordinance can be read and voted on at the March 7 and 21 meetings.

While food truck owners feel the latest draft of regulations are a far cry from the original, it's still raising questions and major concerns.

"At this point, it's all nitpicky things," Moore said.

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The Moores have launched a Facebook group, The Save Haines City Food Trucks Coalition, in an effort to raise awareness of what's happening, bring food truck owners together and rally support from customers.

"We are small businesses. Food trucks may have frequent customers and we know their name, we know what your order is going to be, and we build a relationship," Laura Moore said. "We are not millionaires, we are just making money to support our family."

The coalition is encouraging food truck owners from across the area, as well as customers, to email and call Haines City commissioners to show their support for locally operated food trucks before any changes are approved.

"I think it will mean more to them, because it's coming from the community," Moore said.

Sara-Megan Walsh can be reached at swalsh@theledger.com or 863-802-7545.

This article originally appeared on The Ledger: Haines City moves to prohibit or restrict food trucks. Owners ask why