SOUTH PADRE ISLAND — Cameron County District Court Judge Arturo Cisneros Nelson struck down South Padre Island’s food truck permit cap and restaurant permission requirement in early December.
In a statement issued on Thursday, South Padre Island Mayor Patrick McNulty addressed Nelson’s decision regarding the city’s mobile food ordinance.
“City officials recently conferred with Texas Municipal League (TML), insurance carrier, assigned attorneys and have agreed to follow their recommendation to appeal the district judge’s ruling denying the city’s plea to the jurisdiction,” McNulty stated.
He further stated that the city, along with its attorneys, believe the decision to appeal will be in the best interest of the city, its citizens and residents, and will provide clarification of the city’s mobile food ordinance and a municipality’s authority to regulate and enforce sanitation and public health and safety requirements, as allowed under state law.
“This appeal process, which TML counsel believes has a good chance of success, will also provide needed clarification of the district judge’s preliminary ruling,” McNulty states.
According to the statement, no written findings, conclusions or reasoning was given by the district judge, and no judgement or order of any kind was entered granting specific relief, damages or instructions to the city.
McNulty further stated that the city has not violated any court orders and has always fully complied with the law.
“The current city council and administration, who were mostly not involved in the enactment of the mobile food ordinance, continue to strongly desire to put this matter behind them and move on with important city matters that need attention, but protecting the public health and safety of the city’s residents and visitors is most important,” McNulty stated.
According to the statement, the city’s mobile food ordinance will remain in effect until further orders are issued by the Court of Appeals.
“Protecting the health and safety of the public and requiring the proper sanitation conditions will always be a priority and will also assure the public and mobile food vendors of a successful, safe and sanitary environment,” McNulty stated.
Background of the case
According to a press release issued in December by the Institute for Justice (IJ), the district court ruled that the city violated the Texas Constitution when it forced food truck owners to get permission from local restaurant owners before being eligible for a food truck permit, and by making it illegal for more than 12 food trucks to operate on the Island.
IJ challenged the city’s restrictions on behalf of SurfVive food truck owner Erica Lerma and the Brownsville-based Chile de Árbol food truck, which is operated by brothers Anubis and Adonai Ramses Avalos.
According to a press release from IJ that was issued on Feb. 28, 2019, SurfVive purchased a food truck in March 2018 to sell smoothies, coffee and vegetable bowls on the Island.
The press release further stated that during the business’ first attempt to open, the city informed SurfVive that it had no permits available.
A few months later, after SurfVive learned that a permit became available, the city denied its vending permit because no restaurant owner had signed off on the permit application, the press release stated.
IJ’s press release also stated that the city’s vending laws made it very difficult for the Avalos brothers to expand their business to the Island.
