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Courageous Baker Takes on Chicago Food Vendor Laws

Institute for Justice is representing Laura Pekarik of Cupcakes for Courage, and Greg Burke and Kristin Casper of Schnitzel King. They hope the city will build better food truck laws.

Cupcakes for Courage owner Laura Pekarik has joined the Institute for Justice and Schnitzel King owners Greg Burke and Kristin Casper in filing a lawsuit against the city of Chicago.

In addition to her store, Courageous Bakery, at 108 W. Park St. in Elmhurst, Pekarik loads up her big green van every day with cupcakes and delivers them all over the city of Chicago. The proceeds are donated to the Leukemia and Lymphoma Society. Schnitzel King, likewise, serves up Eastern European foods from its schnitzel cart.

The problem is, Chicago law prevents any food truck from parking within 200 feet of any brick-and-mortar establishments that sells food—even convenience stores. (See accompanying video.)

That Chicago law passed in July, and the fines attached are up to $2,000 per violation. The city also is forcing food trucks to install GPS tracking devices that broadcast the trucks' every move.

According to the Chicago Tribune, "the ordinance doesn't serve the needs of the lunch-seeking public. It benefits the brick-and-mortar eateries, whose owners don't want the competition."

Read the Tribune article, "Putting the Brakes on Food Trucks."

The Institute for Justice filed the suit on behalf of Pekarik and others on Wednesday, Nov. 14, in Cook County Circuit Court.

From its Facebook page:

"IJ [is a] merry band of libertarian litigators in Washington who fight for economic rights wherever they are menaced" -George F. Will

Mission

Through strategic litigation, training, communication, activism and research, the Institute for Justice advances a rule of law under which individuals can control their destinies as free and responsible members of society. IJ litigates to secure economic liberty, school choice, private property rights, freedom of speech and other vital individual liberties, and to restore constitutional limits on the power of government. In addition, IJ trains law students, lawyers and policy activists in the tactics of public interest litigation.

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wandering November 17, 2012 at 02:31 pm
i hope the food truck vendors prevail - it was great to have such a variety of different foods show up in front of our buidling every day - though i hope they target the food-barren areas of the cities at lunch time too, where food trucks are most needed
Joe Calderone November 17, 2012 at 10:43 pm
I hope they prevail as well, great to see them taking a stance. I think a lot of smaller suburban restaurants could crack into the downtown market with food trucks. Think of a Zenwich, Nu Crepes, Chow, and more offering what Elmhurst loves to the entire city of Chicago!
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
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Claire, You present a very well thought out understanding of TIFs and your logic is impeccable.
Patty Pistone Fritsch June 17, 2013 at 02:23 pm
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People Amaze Me June 14, 2013 at 08:41 am
I agree with you but I don't know if we as just citizen's can do anything to stop that practice. IRead More wish that each cyclist had to have a license, and that it was enforced by laws and police, on the bike so that people could report occurrences and have the person receive a ticket just like a person driving an auto. That would make sense.
Jennifer MacKenzie June 14, 2013 at 08:43 am
A couple of years ago, Villa Park installed "State Law- must stop for pedestrians" signsRead More on the roadways where the Great Western and Prairie Paths cross. I saw a big increase in path users barreling across the streets with no regard for the stop signs on the path.
People Amaze Me June 15, 2013 at 04:11 pm
I was really hoping that the Elmhurst Police would sound in on this info-I do understand kids willRead More be kids, but if one of them is hurt, that adult driver will need to live with that for the rest of their life-so let's come up with a solution for both bicyclist and cars to be in harmony. I really think that a step up in enforcement in the bicycle laws would help-just like the drunk driving laws-believe me the bicycle laws are just as important.