Immigrant Couple Fights Unfair Food Truck Ban in Virginia Town

Theslet Benoir and Clemene Bastien, a Haitian immigrant couple, are locked in a legal battle with the town of Parksley, Virginia, over their food truck business. Their story highlights a growing trend: local governments stifling competition by creating unnecessary hurdles for mobile food vendors.



From Brick-and-Mortar to Food Truck: A Dream Cut Short

After immigrating to Parksley in 2005, Benoir and Bastien built a successful life. They opened a store and, in June 2023, expanded with the town's first food truck.

However, their entrepreneurial spirit was met with hostility. A local official, instead of celebrating their initiative, vandalized their food truck, forcing them to temporarily shut down.

Escalating Tactics: Ordinance and Threats

Undeterred, Benoir and Bastien persisted. In response, the Town Council passed an ordinance banning all food trucks except during special events, effectively shutting down their business entirely.

The town further escalated the situation by threatening to jail the couple if they didn't comply. Faced with financial hardship and potential incarceration, Benoir and Bastien were forced to cease operations.

Fighting for Economic Liberty and a Voice

With the help of the Institute for Justice, Benoir and Bastien are now suing the town. Their lawsuit argues that the food truck ban violates not only their economic liberty but also their First Amendment right to free speech.

A Nationwide Issue: Protecting Minorities and Competition

The case sheds light on a nationwide problem. Many municipalities, often led by those protecting established businesses, create unfair regulations that disproportionately target mobile vendors, who are frequently immigrants and people of color.

These regulations are often based on unfounded fears rather than actual safety concerns. Research shows that mobile food vendors actually benefit communities by attracting customers and stimulating economic activity.

A Call for Fair Play

Benoir and Bastien's story is a call for a level playing field. Consumers, not local governments, should decide who thrives in the marketplace. The Institute for Justice stands with them and other mobile food vendors fighting for their right to operate their businesses freely.

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