Middle Tennessee food trucks file suit against Mt. Juliet, cite 'unconstitutional' fees

Andy Humbles, Nashville Tennessean
·2 min read
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A new lawsuit is challenging a Mt. Juliet ordinance that charges food trucks from outside the city $100 a day for a permit while city-based food trucks are charged $100 per year.

The lawsuit has been filed on behalf of three Middle Tennessee food trucks — Chivanada, Funk Seoul Brother and Mikey's Pizza — by the Beacon Center of Tennessee.

The civil rights complaint in federal court describes the ordinance and pay scale as "unfair and unconstitutional," by Wen Fa, the Beacon Center's director of Legal Affairs.

The city approved a pilot program to allow food trucks in residential neighborhoods and industrial areas earlier this year after discussion on how to offset costs and the loss of sales tax with food trucks that would come from outside the city, according to Commissioner Scott Hefner.

A full-time employee and vehicle that would service food trucks was expected to be added to the new pilot program, but Hefner was not yet aware of a hire, he said.

The pilot program for food trucks was approved in July and became effective Aug. 15, on a trial basis.

It included a "sunset clause," or an expiration date that comes on Feb. 15, according to the lawsuit. The sunset clause was included so the city could reevaluate costs, operations and fees, Hefner said.

"We didn't want it too high. We didn't want it too low," Hefner said of the pay scale. "The intention was to cover our costs and to capture what we’d be losing in sales tax revenue due to outside vendors. It was not to punish. When (the legislation expires), we’ll discuss whether to let it die and not allow food trucks at all or to make changes to it."

Mikey's Pizza was one of dozens of food trucks showcasing their fare at Bicentennial Park on June 2, 2023.
Mikey's Pizza was one of dozens of food trucks showcasing their fare at Bicentennial Park on June 2, 2023.

But Fa says the result is "discrimination against food trucks from outside the city."

The lawsuit said the fees are set to protect in-city restaurants from competition and make it "unfeasible" for outside food trucks to operate. The complaint also points out that Funk Seoul Brother and Chivanada gave free food to needy Mt. Juliet residents after the March 2020 tornado.

"This double standard needs to end, and if we are victorious, every food truck operator in the state will be treated equally under the law," Fa's statement said.

The lawsuit seeks to stop enforcement of the food truck legislation, declare it unconstitutional, award unspecified "nominal" damages and issue an award for attorney fees.

Reach Andy Humbles at ahumbles@tennessean.com or 615-726-5939 and on X, formerly known as Twitter @ AndyHumbles.

This article originally appeared on Nashville Tennessean: Mt. Juliet sued for 'unfair' fees by Middle Tennessee food trucks