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L.A. TACO TRUCK ORDINANCE OVERTURNED!!!

s
sel Aug 28, 2008 08:05 AM

Hounds and taco lovers rejoice, just saw a promo for an upcomming story on ABC 7 Eyewitness News L.A. that the evil ordinance has been overturned! Take that Gloria! Thanks to saveourtacotrucks.org, Thi N. and Jonathan Gold!!! Hey, where's an open early truck where I can celebrate for breakfast?

Just heard that the story will be on the news at 11 AM this morning.

  1. Thi N. Sep 1, 2008 11:08 AM

    I just went for a celebratory taco crawl.

    1. f
      foodstorm Aug 31, 2008 12:58 PM

      did this proposed ordinance affect only trucks peddling tacos/Mexican food, or all food trucks?

      1. Melanie Wong Aug 28, 2008 09:24 PM

        This thread has links to specifics,
        http://chowhound.chow.com/topics/552792

        1. Will Owen Aug 28, 2008 11:15 AM

          There's a short piece in the Times about this. Needless to say, Gloria is annoyed, and the city is going to appeal and/or re-write the ordinance. Let's don't let the haranguing cease or diminish...

          1 Reply
          1. re: Will Owen
            b
            Burger Boy Aug 31, 2008 03:58 PM

            I used to think Gloria fought the good fight, these past few years I have become disenchanted with her. She is forgetting her roots and why people have come to this country, maybe she needs a good talk with her abuelita.

          2. 2
            2surly Aug 28, 2008 10:04 AM

            Got my email notification from saveourtacotrucks.org....good news, but this fight could go the distance in court. But for the moment, my favorite taco truck on Logan (south of Sunset) is safe.

            1. b
              Burger Boy Aug 28, 2008 09:12 AM

              They said the ordinace is vauge, they can re-write it. We still need to fight this one, it will be back, I have a funny feeling.

              2 Replies
              1. re: Burger Boy
                r
                rameniac Aug 28, 2008 09:23 AM

                holy crap!!!! i'll still savor the moment in the meantime. score one for the people!

                1. re: Burger Boy
                  alanbarnes Aug 31, 2008 02:27 PM

                  It's true that the ordinance was found to be vague. The question is whether the "three hour period" during which a truck may not return to its original location begins to run at the beginning or the end of the time it is allowed to be there. That can be fixed in a heartbeat, and if it were the only reason the ordinance were overturned it would be a serious cause for concern.

                  But the meat (so to speak) of the ruling is that the ordinance constitutes a naked restraint of trade that violates taco truck vendors' equal protection rights and discriminates in favor of restaurants with fixed locations. The County even admitted that it was a protectionist measure because restaurant owners (who presumably make more and larger campaign contributions than taco truck operators) were having a hard time competing. That's unconstitutional, and it can't be fixed with a quick rewrite.

                  The court also noted that the ordinance is in conflict with, and therefore pre-empted by, section 22455 of the California Vehicle Code, which allows a local authority to "adopt additional requirements for the public safety regulating any type of vending from vehicles upon any street." The was no evidence that public safety requires taco trucks to move every hour, and the only authority is for regulation, not prohibition, of sales from from vehicles. (In fact, the legislature amended the statute in 1985 to delete language permitting such prohibitions.)

                  Although the County can easily address the vagueness issue, it seems unlikely that it will be able to fix these substantive problems, which should prevent it from prevailing on appeal. Viva los trocas de tacos!!!

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