Two aliment barter owners took the attestant angle in Baltimore Burghal Circuit Court this anniversary in an attack to annul a aphorism that prohibits them from operating abreast brick-and-mortar restaurants.
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The trial, which began Thursday and concluded Friday, was the latest footfall in a accusation filed in May 2016 by aliment barter owners Joseph Salek-Nejad (“Joey Vanoni”) and Nicole “Nikki” McGowan, who are gluttonous abatement from a law that bans them from ambience up boutique aural 300 anxiety of restaurants and retailers with agnate foods.
Lawyers for the aliment barter owners argued the aphorism is unconstitutional, while the city’s attorneys said it avalanche aural the city’s badge power.
Baltimore Burghal Circuit Court accessory adjudicator Karen C. Friedman is accepted to affair a cardinal in the advancing weeks.
Salek-Nejad, who owns the Pizza di Joey aliment truck, and McGowan, buyer of Mindgrub Cafe, testified on Thursday about their adventures operating aliment trucks aural burghal limits. Neither McGowan nor Salek-Nejad has been punished for actionable the 300-foot rule, but they said they abstain operating in the burghal out of abhorrence they will accept citations or fines, or accept their adaptable automat licenses revoked.
The aliment barter owners were represented by Arlington, Va.-based Institute for Justice attorneys Robert Frommer, Ari Bargil and Gregory Reed. Mark Dimenna and Jeff Hochstetler represented the city.
Both aliment barter owners said they would like to accomplish in neighborhoods like Hampden and Federal Hill but that there are too abounding restaurants alms agnate foods. They showed maps of those neighborhoods pinpointing restaurants with adverse airheaded and the 300-foot-radius about each.
McGowan afresh acquired a admittance to accomplish in the burghal in affiliation with her new bartering kitchen in Locust Point, Share Kitchen. She said she wants to accomplish in Locust Point but rarely does.
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The aforementioned goes for Hampden, she said.
“I feel like there are actually a few hipsters in that adjacency who would actually bolt up my atramentous bean burgers,” she said. “There’s no abode I can esplanade there after fear.”
Dimenna questioned whether added restrictions, such as parking meters with time limits, would additionally prohibit aliment trucks from ambience up boutique in the areas in question.
The attorneys argued the acceptation of the ambiguous accent of the law, which states that aliment trucks may not accomplish aural 300 anxiety of retailers “primarily affianced in selling” the aforementioned blazon of food. At one point, Reed asked Salek-Nejad what “primarily affianced in selling” meant to him.
“I accept no idea,” Salek-Nejad responded.
Both aliment barter owners said they had neither requested nor accustomed advice from the burghal on absolutely how the law is enforced.
On Friday morning, the city’s able witness, Baltimore-based economist Anirban Basu, testified that brick-and-mortar restaurants are allotment of a active abridgement and that aliment trucks can abuse their viability. Basu, the CEO of Sage Policy Group, explained why it’s in the city’s absorption to assure restaurants.
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“Not alone are they advance added capital, they’re authoritative a bigger bet on the burghal of Baltimore,” he said.
Basu said aliment trucks account from investments restaurants accomplish in convalescent their communities and active business.
“They’re cherry-picking,” he said. “It doesn’t bang me as fair competition. It does bang me as free-riding.”
He said the 300-foot aphorism mitigates the free-rider problem.
Frommer attempted to discredit a address Basu aggregate acknowledging the 300-foot rule, analytic its sources and abridgement of adamantine data.
In closing arguments, Frommer said the law was unconstitutional, and at best aberrant and arbitrary. Dimenna said if aliment trucks abuse the activity of restaurants, they thereby abuse bartering districts and the city’s accepted welfare, so it’s aural the city’s badge ability to appoint the 300-foot rule.
“Vibrant restaurants are capital to the accepted abundance of the city,” Dimenna said.
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Earlier this summer, both parties requested arbitrary acumen in the case, but Baltimore Burghal Circuit Court Adjudicator Yolanda Tanner denied those motions.
This adventure has been updated.
smeehan@baltsun.com
twitter.com/sarahvmeehan
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