What happened:
Though the court of appeals has issued no orders, the City Council approved the first reading on May 5, 2021, regarding amending chapter 10, section 10-31 of the Code of Ordinances to increase the limit of Mobile food truck permits from 12 to 18 after establishing in a press release that the present ordinance would remain in effect. “The Mobile Food Ordinance will remain in effect until further orders are issued by the Court of Appeals.”
The City’s attorneys filed a brief to the appeals court on May 15 and 17, stating that the City has now changed its food truck permit limit to 18. The city attorneys wrote asking the court to “vacate the trial court’s orders favorable to the Avalos Appellees,” after mentioning the food truck businesses lacked standing, since neither business established itself and that they were free to operate elsewhere in the meantime and did not.
Why it matters:
The consistency in whether city staff can handle more food trucks does not reflect current ongoing litigation arguments, stating the opposite.
In 2020, Environmental Health Director Victor Baldovinos testified that adding more food trucks was a strain on city personnel, since Food trucks regularly are inspected to prevent foodborne illnesses. “We actually put a cap in there. Why? I have to get more inspectors. I physically have to come in so we can cover that. It was fair to presume that at the beginning, but it’s no longer fair to presume that that’s enough,” said Baldovinos during depositions last spring, although the cost of inspections should be built into the permit fee.
According to Councilwoman Eva-Jean Dalton, “Based on evaluation on the needs of the community, and the safety and health factors of the community; and based on staff recommendations; they feel that there is a demand, and it can be handled in keeping the community safe and healthy,” and motioned to increase the number of food trucks allowed in the City from 12 to 18, with no change in the permit fee.
Just last year, SPI resident Scott Bovee was unsuccessful in opening his food truck business due to the City’s involvement in litigation and expressed frustrations in the lack of responses since City Attorney’s instructed Baldovinos not to speak on the case.
Despite Cameron County District Court Judge Arturo Cisneros Nelson declaring South Padre Island’s food truck permit cap and need of a restaurant’s permission unconstitutional, the City filed with the appeals court claiming the one sentence decision lacked specification and reasonable detail. “That order did not specify what it intended in granting the Plaintiffs’ motion, does not set forth the reasons for its issuance, it is not specific in terms, and it does not describe in reasonable detail and not by reference to the complaint or any other document, the acts to be restrained, as required by Rule 683. Thus making any implied injunction void and unenforceable.”
What now:
Despite the change of the limit of food trucks on the Island, future food truck owners still are required to ask local restaurant competitors/sponsors for operation approval.
The Supreme Court of Texas requested a response from the City of South Padre Island as of May 17, 2021. It is unknown whether the City filed a response.
