Feeling a food truck? If you are in the Baltimore area you might find yourself waiting a little longer before eating a treat on the street.
On Monday, a city circuit court judge ruled the food truck case should go to trial. The city currently bans any food truck from being within 300 feet of any brick-and-mortor business that sells a similar food or provide a similar service.
RELATED: Baltimore food trucks go to court over city's 300-ft ban
The Institute for Justice says the 300 foot ban is there to protect businesses from competition, but is not necessarily fair.
"The 300-foot ban is a textbook example of unconstitutional economic favoritism," explained Greg Reed, an attorney with the Institute of Justice.
Reed represents Joey Vanoni, owner of The Pizza Di Joey Food Tuck and Nikki McGowan, owner of the Mindgrub Cafe Food Truck.
"The circuit court's decision merely delays the day when mobile vending entrepreneurs will be free to serve Baltimorean's," Reed said.
This ban is harder for vendors like Vanoni because of the large number of pizzerias and Italian restaurants in the area. If he was to violate the ban, he will face a $500 fine and could potentially have his vendor's license revoked.
Vanoni says this ban really hurts businesses like his,
"I'm looking forward to finally having the city held accountable for their actions and letting small business owners like me live out our dreams without the government getting in the way."
The trial is scheduled for September 28 at the Baltimore City Circuit Court.
