Courageous Baker Takes on Chicago Food Vendor 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.