Milwaukee Unanimously Repeals 10 p.m. Food Truck Curfew After Lawsuit Blocks It

Milwaukee's Common Council voted unanimously to withdraw an ordinance that would have required food trucks to stop serving at 10 p.m. The ordinance never took effect because a lawsuit filed by Abdallah Ismail, owner and operator of The Fatty Patty, resulted in a temporary restraining order blocking enforcement.

Food truck operators told city officials that the late-night window is their busiest. According to statements summarized in reporting, food trucks earn roughly 70% to 80% of sales between 10 p.m. and 1 a.m. The proposed ordinance would have cut off most of that revenue stream, while bars and restaurants in the same districts were allowed to stay open later.

Fatty Patty, the business named in the lawsuit, runs five Milwaukee locations, one of which is a food truck on Water Street. The dispute over operating hours was tied to public-safety concerns in some parts of downtown, but food truck owners argued the rule singled them out despite other nearby businesses remaining open.

With the ordinance withdrawn, food trucks can continue operating under the existing rules. The reporting notes the city previously had a 1 a.m. curfew in place and suggests there may be continued council discussion about adjusting hours, but the 10 p.m. closure measure will not move forward as written.

Practical implications for food truck operators and downtown commerce

• Operators: The council's repeal means vendors dependent on late-night trade can continue current schedules that generate most of their sales.

• City policy: The episode indicates the council will be cautious about measures that single out one business type when others in the same area remain open later.

The council rescinded the 10 p.m. food truck curfew after a lawsuit produced a temporary restraining order. Vendors who rely on late-night customers avoid an immediate loss of most of their sales, and the city has avoided implementing a curfew that would have applied to food trucks but not to nearby bars and restaurants.