Denver Food Truck Ban Could be Unconstitutional

In a letter to city officials, a law firm called on the city to lift restrictions on food trucks, saying the ban “smacks of protectionism” and could violate equal protection guarantees.

1 minute read

August 22, 2022, 7:00 AM PDT

By Diana Ionescu @aworkoffiction


Food truck customers holding food with food trucks in background

Customers at a Denver food truck event. | Arina P Habich / Food trucks

A nonprofit law firm is warning Denver officials that the city’s ban on food trucks in the Lower Downtown district could be unconstitutional, according to an article by Joe Rubino in the Denver Post. “The Institute for Justice, a Virginia-based, nonprofit law firm, sent a letter to Denver City Council members on Wednesday urging the “repeal” of the ban that bars food trucks from portions LoDo on Thursday, Friday and Saturday nights.” As the article notes, the city clarified that the ban only applies on Friday and Saturday.

“The firm’s lawyers argue the Denver ban ‘smacks of protectionism’ because businesses with permanent storefronts aren’t subject to the same rules. The letter also points to previous Institute for Justice research that indicates food trucks enhance public safety by making streets more inviting and providing more eyes and ears.”

According to the letter, the firm, which has “sued numerous jurisdictions whose laws have impermissibly restricted vendors’ right to economic liberty as guaranteed by the U.S. Constitution and the respective state constitutions,” also works with local governments to “craft vending laws that ensure the public’s health and safety while maximizing opportunities for vendors and consumers alike.”

The Denver Police Department and the Department of Transportation and Infrastructure instituted the ban in July, citing security concerns, but is now considering rolling back the ban “in a limited fashion.”

Friday, August 19, 2022 in Denver Post

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

1 hour ago - The Washington Post

Bird's eye view of studio apartment design.

In These Cities, Most New Housing is Under 441 Square Feet

With loosened restrictions on “micro-housing,” tiny units now make up as much as 66% of newly constructed housing.

3 hours ago - Smart Cities Dive

Man in teal shirt opening door to white microtransit shuttle with cactus graphics and making inviting gesture toward the camera.

Albuquerque’s Microtransit: A Planner’s Answer to Food Access Gaps

New microtransit vans in Albuquerque aim to close food access gaps by linking low-income areas to grocery stores, cutting travel times by 30 percent and offering planners a scalable model for equity-focused transit.

June 13 - U.S. Department Of Transportation