VITAL POLICY – Tennessee General Assembly Rejects Economic Liberty for Food Truck Operators

Special Interests Thwart Proposed Legislation

A bill aimed at preventing cities and counties from imposing harsh fees and regulations on food truck operators was rejected by the House Health Committee during the 2022 legislative session. Sponsor Representative Michael Curcio (R-Dickson) stated that the bill was about protecting the “purest form of American capitalism”. Food trucks represent “mom and pop” businesses that can prosper and deliver the American dream to their owners. Curcio explained that local municipalities are overregulating and taxing food trucks with exorbitant fees and permit costs, making it difficult for their owners to make an honest living.

Brick and mortar restaurant operators and city governments often complain that food trucks pose unfair competition because they pay no tax, a statement that Curcio disputes by citing the personal property tax, business license fees, and sales tax paid by food truck businesses. Research suggests that food trucks pose little or no threat to standing restaurants. https://ij.org/report/food-truck-truth/

“Tennessee already regulates food trucks” along the constitutional lines of health and safety; but local governments add burdensome regulations that threaten the financial liberty of food truck owners. Had it been enacted, Curcio’s proposal, HB 2120, would have prevented local governments from over-regulating food trucks on private property.

“We are disappointed that the legislature did not take the opportunity to streamline licensing for food trucks this session. Tennessee residents made it clear that they value food trucks and want the state to remove unnecessary regulatory obstacles to their success. Unfortunately, food trucks will continue to have to navigate duplicative and expensive licensing requirements that make it difficult for them to operate. In the future, we hope that the legislature will cut this red tape so food trucks can more easily serve customers and their communities.” – Meagan Forbes, Attorney, Institute for Justice

Representatives Jeremy Faison (R-Cosby), Andrew Farmer (R-Sevierville), and Jerry Sexton (R-Bean Station) supported the proposed legislation as co-sponsors.

David Seal is a retired Jefferson County educator, recognized artist, local businessman, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level.