Pictured: Steve Macauley (left) and Erica Lerma de Macauley (right)

The Institute of Justice (IJ) fired back after Mayor Patrick McNulty of South Padre Island made a public statement to citizens in a recent Facebook post regarding the Food truck lawsuit.

In yesterday's press release, the IJ released an update to their case stating that the City continued to enforce its restrictions even after Judge Nelson's ruling declared the 'permit cap' and 'restaurant-permission' scheme unconstitutional.

In response to the City filing their Appeal (12/15/2020), and the City's statement posted last Thursday, the IJ filed a motion yesterday asking the court to prohibit the City from "enforcing the Permit Cap and Restaurant Permission Scheme, until disposition of the City's interlocutory appeal."

According to the IJ's press release, the City of South Padre Island appealed on a separate ruling which rejected, "It's meritless argument that Texas cities are immune from the Texas Constitution." and never asked the Texas Court to suspend Judge Nelson's Judgement.

Leading Attorney Arif Panju made a statement that the City's disregard and lack of transparency should concern citizens and everyone. After asking the Court of Appeals to re-order what the court made clear so that as of now, "The food truck permit cap and restaurant-permission scheme are unconstitutional and therefore unenforceable." He further stated, "By continuing to enforce both restrictions, the city and its officials are violating a court order while flouting the authority of Texas courts and the Texas Constitution."

[Island Matters is following this story]