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Judge Blocks Milwaukee 10 P.M. Food‑Truck Curfew

The court found the city presented no evidence that earlier hours would reduce crowds or violence and left the 1 a.m. closing in place during the lawsuit.

Overview

  • A Milwaukee County Circuit Court judge has enjoined the city ordinance that would have forced downtown food trucks to close at 10 p.m., keeping the current 1 a.m. closing time while the lawsuit proceeds.
  • The Wisconsin Institute for Law and Liberty sued on behalf of The Fatty Patty owner Abdallah Ismail, arguing the curfew would harm late‑night vendors by cutting off their peak sales and restricting the right to earn a living.
  • The Common Council unanimously approved the 10 p.m. rule earlier this year after Milwaukee Police linked food trucks to loitering and occasional late‑night violence, but the judge said the city offered no proof tying truck hours to those problems.
  • The ruling stresses an evidentiary gap in the city’s case and prevents enforcement of the ordinance during litigation, meaning food trucks can continue serving until 1 a.m. for now.
  • If the city cannot present evidence at trial that limiting food‑truck hours improves safety, the ruling could shape how municipalities justify targeted business restrictions and affect other late‑night vendors’ operations.