Pizza di Joey v. Mayor & City Council of BaltimoreAnnotate this Case
The Court of Appeals held that the City of Baltimore's street vending ordinance that restricts a food truck from parking within 300 feet of a brick-and-mortar restaurant that primarily sells the same type of food (the Rule) is constitutional.
The owners of two food trucks (the Food Trucks) filed suit against the Mayor and City Council of Baltimore claiming that the Rule violates Article 24 of the Maryland Declaration of Rights by restricting the Food Trucks' ability to practice their trade. The circuit court held that the Rule does not violate Article 24's requirements of equal protection and substantive due process but proceeded to enjoin the City from enforcing the Rule, concluding on its own initiative that the Rule is impermissibly vague. The Court of Appeals reversed the circuit court's grant of injunctive relief, concluding that the Food Trucks had not preserved a vagueness claim for appellate review and that, in any event, the claim failed on the merits. The Court of Appeals affirmed, holding that the Rule does not deprive mobile vendors of their substantive due process and equal protection rights under Article 24 and that the Rule is not void for vagueness.