- Associated Press - Wednesday, October 19, 2016

CHICAGO (AP) - The operator of a Chicago food truck was in court to argue that two provisions of the city’s food truck laws be declared unconstitutional.

Lawyers for Laura Pekarik, who has operated “Cupcakes for Courage” food truck for five years, contended Wednesday that Chicago’s food truck community has been hamstrung by a rule requiring the trucks to stay at least 200 feet from restaurants.

Attorney Robert Frommer and Pekarik say the ordinance gives preferential treatment to traditional brick-and-mortar restaurants, which they contend is unfair and unlawful.

The lawsuit argues Chicago can’t protect restaurants from competition and another requiring GPS tracking devices constitutes an illegal search under the Illinois Constitution.

Chicago Assistant Corporation Counsel Andrew Worseck says the city believes the ordinance “strikes the right balance between the interest of food trucks and brick-and-mortar restaurants.”

No date has been set for a ruling.

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