February 28, 2019 – SurfVive and brothers Adonai and Anubis Avalos partnered with The Institute of Justice (IJ) to challenge South Padre Island's, "Near-monopoly over the island’s more than 4 million annual visitors and put an end to the city’s illegal economic protectionism," according to the IJ.
December 16, 2019 – Plaintiff’s attorney Arif Panju confronted the City after the City’s representatives failed to show up for a series of depositions in the fall of 2019 and mentioned the City’s refusal to renew permits to Food truck owners because of agenda item 6. Council was advised, by then-attorney Ric Navarro, not to take any action to amend, modify or rescind (cancel) Ordinance No. 17-05 and 18-15 on the regulation of mobile food trucks and adoption of appropriate ordinance related to this action.
November 30, 2020 – Judge Arturo Cisneros granted the plaintiff's (SurfVive & Avalos brothers) Motion for Summary Judgement (MSJ). When a motion for summary judgement is granted, it indicates there is sufficient evidence to declare one party the clear winner.
December 15, 2020 – Contrary to the City’s public statement that it appealed the Judge’s ruling based of the protection of public health, according to the Institute of Justice, the City appealed on a separate ruling. "That Texas cities are immune from the Texas Constitution." The City has not asked any court to suspend Judge Nelson's judgment.
[NOTE: There is no public record for this appeal, the City of South Padre Island declined to comment and has requested a ruling from the Attorney General after Island Matters requested Agendas and Minutes for this action.]
January 6, 2021 – With no action taken, Mayor Patrick McNulty announced the City would make a public statement regarding the lawsuit in a couple of days, regarding agenda item 10.1 (Discussion and possible action regarding SurfVive vs. City of South Padre Island lawsuit). The owner of Porky's Pit (local food truck owner), Scott "Bull" Bovee, made a public comment regarding agenda item 10.1.
