Press release
Public Interest Law Firm Asks Miami Gardens to Stop Defying State Law and Allow Food Trucks to Operate
Image: https://www.abnewswire.com/upload/2026/01/7a9e57f6b5c059c909b5af4179a832cd.jpgMiami - Today, the Institute for Justice (IJ) sent a letter [https://ij.org/wp-content/uploads/2026/01/Miami-Gardens-Food-Truck-Letter-Sent-011326.pdf] to city officials in Miami Gardens, Florida, asking them to stop enforcing local ordinances against food trucks, in defiance of state law. In 2020, the Florida legislature enacted a law which forbids local governments in the state from banning food trucks from operating in their jurisdictions. Yet, in its own words, "The City of Miami Gardens does not permit Food Trucks within the city," and the city is actively enforcing this ban.
"The city is enforcing a ban that state law expressly prohibits," said IJ's Florida Office Managing Attorney Justin Pearson. "The city is breaking the law, and business owners are the ones paying for it."
In 2020, Florida passed a law which explicitly states that municipalities, "may not prohibit mobile food dispensing vehicles from operating within the entirety of the jurisdiction." However, Miami Gardens never updated its local ordinances in light of this law, which includes a provision saying that anything not expressly authorized by the ordinances is banned. Worse yet, the city is continuing to actively enforce its illegal ban on food trucks. Property owners who allow food trucks to operate on their property receive $500 daily fines. Birdwich, a local food truck, was recently forced to stop operating in Miami Gardens after a business owner was fined for allowing Birdwich to operate on its property.
"We aren't asking for special treatment," said Birdwich Co-Founder Petr Placek. "We follow the law, and we're just asking the city to do the same."
IJ has a long history of fighting to protect Americans' right to earn an honest living. IJ has won two [https://ij.org/case/swedenburg-v-kelly/] different [https://ij.org/case/tennessee-wine-and-spirits-retailers-association-v-thomas/] U.S. Supreme Court cases defending businesses from unconstitutional restrictions. And as part of its National Street Vending Initiative [https://ij.org/issues/economic-liberty/vending/], IJ has defeated dozens of anti-competitive laws that harm street vendors and food trucks, including a court victory against Fort Pierce, Florida [https://ij.org/case/fort-pierce-food-trucks/], as well as in Georgia, Kentucky, and North Carolina, among many others.
About IJ
IJ is a public interest law firm. It represents clients free of charge in cutting-edge litigation defending vital constitutional rights. People can join them by supporting their work at ij.org/support
For more details contact Matt Powers, Reporting and Communications Manager at mpowers@ij.org
Media Contact
Company Name: IJ
Contact Person: Matt Powers
Email:Send Email [https://www.abnewswire.com/email_contact_us.php?pr=public-interest-law-firm-asks-miami-gardens-to-stop-defying-state-law-and-allow-food-trucks-to-operate]
City: Miami
State: FL
Country: United States
Website: http://ij.org/support
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