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

Young Professional

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 and Environmental 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 and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

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

6 hours ago - Zachary Whalen

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

A cluster of wind turbines beneath a stormy sky, above a forest where the leaves are beginning to change colors.

5 New England states march closer to 800 megawatt wind energy project

Securing federal approval for the project may be complicated under the Trump administration, which has historically been hostile towards domestic wind power.

2 hours ago - Inside Climate News

People boarding a bus on Maryland's Orange Route.

Baltimore to break ground on $50 million Transit Priority Project

The project will bring faster bus trips, safer streets and better bike connections to Baltimore.

3 hours ago - Mass Transit

A brick building with a circular sign with the Airbnb logo hanging off of it.

Airbnb launches $250 million 'last-dollar financing' housing accelerator, makes first investment in Austin

The company will put $6.4 million towards affordable housing development in Texas’ capital.

4 hours ago - Smart Cities Dive

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.