Owners of White Cottage Red Door officially filed a lawsuit in Door County Circuit Court Tuesday against the Town of Gibraltar.
The filing claims that the town’s ban on food trucks “violates Plaintiffs’ right to earn an honest living and their property rights guaranteed by the Wisconsin Constitution.”
The family owned business sells donuts, sweets, pre-packaged food items, and non food items in its brick and mortar store.
The family had planned to operate a food truck on their property, offering burgers and sandwiches.
After obtaining state and county certification to operate the mobile restaurant, the food truck was briefly open at the end of the 2017 summer season before the Town of Gibraltar shut the business down, citing a town ordinance banning sales on wheels.
The ordinance imposes a maximum fine of $500 a day for operating a food tuck within town limits.
Without the truck generating revenue, the owners were forced to sell it, but say that they will buy another if the lawsuit is decided in their favor.
The lawsuit asks for “A permanent injunction prohibiting Defendant from enforcing the Vending Ban,” $1.00 in damages, as wells as “reasonable costs and attorney fees.”
The town now has 20 days to respond to the lawsuit.