Island food truck operators seek high court intervention

SurfVive food truck owner Erica Lerma is one of three clients of the Institute for Justice’s lawsuit made against the City of South Padre Island’s food truck regulations. (Courtesy: Institute for Justice)

The Institute for Justice has petitioned the Texas Supreme Court to take up the case of three Valley food truck operators who sued the City of South Padre Island over rules limiting the number of trucks to 18 and requiring an endorsement from a local restaurant owner to obtain a permit.

The long-running dispute began when a Cameron County district court judge struck down the city’s regulations as unconstitutional in a lawsuit filed by three food truck operators, Surfvive, Anubis Avalos and Adonai Avalos.

But then in June, the 13th Court of Appeals reversed that ruling, finding in favor of the city.

“The Texas Constitution protects everyone’s right to pursue a common occupation free from unreasonable interference by the government,” said IJ Managing Attorney Arif Panju. “We are asking the Texas Supreme Court to grant review because using public power to protect favored groups from competition is both wrong and unconstitutional.”

The food truck vendors hold that the city’s regulations are nothing more than an attempt to protect the Island’s existing restaurants from competition.

“Not being able to open a small food truck in my own hometown because of an ordinance designed to keep people out of the market is heartbreaking, and it’s not very Texan,” said Surfvive’s Erica Lerma. “Everyone should have the opportunity to follow their dreams and choose a profession or business that they love without having to overcome barriers created by people to fence out competition.”

The Institute for Justice has fought similar restrictions elsewhere, successfully challenging vending restrictions in San Antonio and El Paso.

Whether the Texas Supreme will take up the food truck owners’ case isn’t known. Generally, justices grant hearings to fewer than 100 cases each year.

Justices tend to look more favorably on cases which are important to a broad swathe of residents in the state, or when there is some dispute among different courts of appeal, or if judges on the courts of appeal are split by an issue.

The City of South Padre Island did not return emails seeking comment Wednesday.