Food truck owners sue Carolina Beach over ‘unconstitutional’ ordinance
NEW HANOVER COUNTY — Food truck owners are taking on the town of Carolina Beach.
They say the town passed unfair ordinances, and now they’re ready to do something about it.
“Carolina Beach has turned the bridge to its island into a drawbridge that it has pulled up on competition. That’s not just wrong. It’s unconstitutional,” said attorney Justin Pearson.
Pearson says the town of Carolina Beach broke the law when they created an ordinance that banned food trucks for anyone that has not owned a brick-and-mortar restaurant in the town for more than a year.
“We are here to hopefully convince Carolina Beach to do the right thing. I should point out that even if they banned food trucks entirely that would also be unconstitutional. But what’s particularly interesting about what’s going on in Carolina Beach is that they come right out and admit that they have no problem with food trucks, they just don’t like competition from outsiders,” said Pearson.
Pearson is a senior attorney at the Institute for Justice, a national non-profit law firm that represents small business owners fighting unconstitutional laws.
Aaron and Monica Cannon, who own A&M’s Red Food Truck, say the Institute for Justice reached out to them when they learned of the ordinance.
They didn’t think they needed the help, until the town approached them while they were catering a private event.
“He told the manager of the hotel that if we didn’t leave, he was calling the police,” said Aaron Cannon.
Michelle Rock, who owns Mama Rocks Desserts and T’Geaux Boys food trucks, grew up on Pleasure Island.
She says its the residents of Carolina Beach who are hurt the most by the ordinance.
“They want to enjoy that same experience that everybody else in New Hanover County gets to enjoy. So it’s hurting actually the people, more than it is us.”
Carolina Beach Mayor Joe Benson says the town has not yet reviewed the complaint, and they cannot comment at this time.
We will continue to follow this story as it develops
