By Tim Kowols
The owners of White Cottage Red Door call the Town of Gibraltar’s ordinance against food truck operators “unconstitutional” and threaten to take their fight to court. With assistance from the Institute for Justice, White Cottage Red Door owners Kevin and Lisa Howard and Chris and Jessica Hadraba filed the official notice to the town on Wednesday, which is the first step towards a potential lawsuit. The owners charge the town with creating an ordinance to strike down the business’ new food truck venture despite it having the proper approvals from the state and county. The town fines violators of the ordinance up to $500 a day for operating. Lisa Howard says the food truck has always been a part of their business plan and called the ban difficult and disheartening during their first year of business.
Lawyers for the Institute for Justice, which has a history of representing food truck owners across the country, says it is against the law for a town board to ban what the state has already approved. The Town of Gibraltar has 120 days to respond to the claim or risk going to court.