credit image : western libraries

It seems like every day I read another article about a city somewhere in the United States that has decided that their constituents needs are best served by limiting competition.  It always starts off with a mayor, or a city council person proclaiming that they have to protect local restaurants from competition.  Maybe they should start protecting their constituents from businesses that don’t want to compete for their dollar.  When a city decides that they want two segments of the food service industry to negotiate how best to split the consumer dollar, they are doing their city a disservice.   This type of negotiation is usually called “compromise” by city officials, but to the average consumer it looks more like collusion.  A city government should not tell it’s citizenry how and where they should spend their money.

In 1979 a California appellate court ruled; “ we conclude that section 80.73(b) 2A(2)(bb) (100 foot buffer zone) is a “rather naked restraint of trade,” and determine that it is “ . . . arbitrarily made for the mere purpose of classification.”  In other words, the court found that the 100 foot buffer zone was unconstitutional.  Regulations must be made to serve the public good.  A city must show that there is a rational basis for the regulation.  Restricting competition does not serve the public good.

If you’re a food truck operator, or a a food truck fan, it’s important to control the message.  When a city official says food trucks engage in “unfair competition”, explain to them that you’re concerned with “consumer choice,”  Ask a city official if they’ve tried to ban pizza places from delivering pizza near restaurants.  Inquire about how the city tried to limit Netflix deliveries by Blockbuster Video stores.  Ask why they think competition is unhealthy for the market place.

Competition is good for your community.  Restaurants have an incredible advantage over food trucks.  Shelter, seating, alcohol and on-site restrooms are hard to compete with.

http://socalmfva.com/uncategorized/protectionism/

By STAFF | CBS Sacramento

SACRAMENTO (CBS13) – A dozen Sacramento food truck vendors were cooking for a cause, serving their finest food Sunday for one of the area’s most popular playgrounds.

They were cooking good food for a good cause.

“Hopefully every truck will sell out. So it will be good for everybody,” a volunteer said.

SactoMoFo brought together these food trucks.

“It feels awesome to do what we can to pitch in,” said one volunteer.

They are raising money to help rebuild a section of the McKinley Park wooden playground that was burned down over the summer.

“Once all the expenses are covered, anything that is incurred today is going to go to the park,” said one truck owner.

But there’s a lot of heart behind this too.

Joan Jordan has fond memories of her childhood in that neighborhood.

“I was raised there. I went to the library, learned how to swim there, tap dancing when I was a kid,” said Jordan.

Those memories have been carried through generations.

“It’s such an epic part of the community. It’s at the center of what makes Sacramento so cool.

Most everyone at Sutter’s Land Park Sunday has a personal connection to the McKinley Park playground.

“I learned to swim at McKinley Park pool and played at the playground there since I was in sixth grade. A lot of good memories there,” said one man.

More memories will be made as plans for the new playground are in the works.

“We’re already working on it. We got a committee. We picked out a designer. We’re almost ready to go. We’re raising money right and left,” said Steve Swindle, Rebuild McKinley.

Sunday was another opportunity to add to those funds.

“My kids grew up there, and I’m here to help give back and do my part so the next generation of kids have a playground like that to play with,” said Swindle.

It’s a proud moment for some of McKinley Park’s biggest fans.

“This is a great opportunity for us to band together to do something good for our community,” said a volunteer.

Besides the food from the food trucks, there were also other local vendors and live music to help with the fundraising.

http://sacramento.cbslocal.com/2012/10/29/food-truck-vendors-cook-up-funds-to-help-rebuild-mckinley-park/

Customers outside the Hungry Nomad food truck. Credit Courtesy of Hungry Nomad

The city is in talks with the SoCal Mobile Food Vendors Association to create a food truck law that falls in line with state law. This means the ban will be lifted but regulations will be created. Thoughts?

Should food trucks be allowed to park in town?

California Vehicle Code says yes, and South Pas will soon be in compliance after a related lawsuit, according to officials.

South Pasadena City Council passed a motion in November 2011 stating food trucks will no longer be cited for selling food out of a parked vehicle, yet the ban was never officially lifted from its municipal code.

Why hasn’t it been changed? City Manager Sergio Gonzalez says: “There has [been] a tremendous drop in the number of food trucks [since November 2011]. But recent acts have brought it back to the front burner.”

The SoCal Mobile Food Vendor’s Association filed a lawsuit against South Pasadena in August noting that the city’s law is contradictory to state law.

“South Pas has a ban. They’ve known it’s been illegal since at least last year, yet they still have on their books,” said attorney Kevin Behrendt, representing the food truck coalition.

Behrendt’s firm has been in talks with the city and hopes that they can reach a comprehensive regulatory scheme to replace the ban. This may include any regulation related to public safetey—but not compensation or aesthestics—he says.

Gonzalez told Patch a working group comprised of South Pas Chamber of Commerce members, local business owners and city staff has already been created and are responsible for building reasonable guidelines and regulations suitable to both food trucks vendors and local restaurant owners.

The two parties coexisting is a “careful balance,” notes Gonzalez.

Chamber of Commerce President Scott Feldmann has long argued that food trucks should be allowed on a limited basis only for events and fundraisers.

The issue will be brought forth at the City Council meeting October 17 where city staff will recommend that the ban be rescinded.

http://southpasadena.patch.com/articles/how-should-the-city-of-south-pasadena-revise-its-food-truck-law