Texas Supreme Court declines to hear case challenging South Padre Island’s food truck ordinance
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A city ordinance that limits the amount of food truck permits in South Padre Island will remain in place after the Texas Supreme Court declined to hear a case challenging it, according to a news release.
The 2015 ordinance also required food truck vendors to receive approval from local restaurants as part of the application process.
The lawsuit was brought forward by the organization Institute for Justice, which represented three food truck vendors in challenging the ordinance, according to a news release.
“We're incredibly disappointed that the court is allowing South Padre Island to continue violating the fundamental rights of people who just want to earn an honest living selling food,” IJ managing attorney Arif Panju said in the news release. “By declining to hear this case, the court has passed on the opportunity to protect the economic liberty rights of all Texans.”
READ MORE: Judge declares parts of South Padre Island's food truck ordinance unconstitutional
In December 2020, State District Judge Arturo Cisneros Nelson determined that parts of the city of South Padre Island Code that regulated food trucks violated the Texas Constitution.
However, the 13th Court of Appeals reversed that ruling in June 2022, sending the case to the Texas Supreme Court.
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