Taco Truck Ruling Stands

About 3 weeks ago I blogged about a Taco Truck Triumph, where an LA county ordinance imposing prohibitions on taco truck operations was held to be invalid. http://www.openair.org/node/439. Not content to let justice prevail, the County made a motion for reconsideration. In support of its motion, the County submitted declarations from sheriff deputies purporting to justify the prohibitions on taco trucks. It was not clear that the declarations would even be considered by the court. The ordinance had been invalidated on a demurrer. Demurrers are generally based only on legal pleadings and the laws themselves. Generally they do not involve consideration of declarations, affidavits, or other evidence.

Today hearing was heard on the County's motion for reconsideration. Attorney for the taco truck operators, Phillip Greenwald, moved to strike the deputies' declarations, citing well-settled authority that evidence is not to be considered on a demurrer. While the court acknowledged this general practice, it decided to deny the motion to strike and admit the deputies' declarations.

Fortunately for the taco truck operators, though, the declarations did not change the judge's mind. He stuck to his earlier ruling holding that the County's prohibitions on taco truck vending were invalid. One hopes that the County will accept the ruling and chose to spend taxpayer money promoting public safety, rather than trying to suppress the legitimate business competition offered by taco trucks.