Legal News

The taco truck wars continue

By Jason Siegel

County officials are asking a Los Angeles judge to reconsider his decision to throw out a law aimed at taco truck operators, the Associated Press reported (here).

The law, passed by county supervisors in April, raised the penalty on taco trucks for failing to move every 30 minutes in a residential zone or every 60 minutes in a commercial zone enforced. Before the new law, taco trucks could be fined $60. The new law raised the fine to up to $1,000 as well as the possibility of six months in jail.

"Since there is no rational basis for requiring a catering truck to be moved half a mile every 60 minute (or every 30 minutes), this attempt to restrict the operation of catering trucks from the location at which they would prefer to be parked, is a pretext for creating a "naked restraint of trade" and, as such, must be declared invalid," Los Angeles Superior Court Judge Dennis Aicroth ruled on August 27.

"The ordinance is not only too ambiguous to enforce as written but, in this regard, is also in conflict with the provisions of Vehicle Code Section 22455," wrote Aicroth.

Deputy District Attorney Steven Gates told the AP that the county was requesting a Sept. 19 hearing, but would not discuss the basis of the appeal.

Previous postings:

"L.A. supervisors take on taco trucks," April 17, 2008

"First taco truck cited by new law," May 27, 2008

Full post as published by Legal Pad | LA on September 09, 2008 (boomark / email).