Vendor Wars Continue: Truck Wins Battle with Gov’t

Case Against Korean Food Truck Dismissed 
By Dottie Tiejun Li

 

(Arlington, VA)—The Korean fusion food truck Seoul Food will continue to roll, thanks to a judge’s decision completely dismissing a case against Hyun “Anna” Shil Goree, who owns the mobile eatery with her husband J.P. Goree. Shil faced up to a year in jail and a $2,500 fine for not sufficiently complying with an Arlington County law mandating that food trucks move every 60 minutes.

The case against Shil Goree ended Monday, Feb. 4, when prosecutors from the Commonwealth’s Attorney’s office declared nolle prosequi, a Latin legal term meaning, essentially, that they decided not to go forward with a charge of “loitering” against her. A county law requires food trucks to move every 60 minutes, and while Shil Goree was trying to comply, she was charged with not moving her truck “far enough.” The violation is considered a Class 1 misdemeanor, “meaning that Arlington treats serving customers for 61 minutes as harshly as driving drunk or assault,” as her law firm describes it.

“I’m happy this is behind us and we can focus back on making the food we love, serving our regulars and preparing to open our brick-and–mortar restaurant,” said Shil Goree in a prepared statement. “And I hope this case spurs the County to get rid of its 60-minute rule.”

Arlington County Code 30-9 has been under fire from food truck owners since the County recently began stepped-up enforcement of the provision stating that food trucks may not vend on a public street for more than an hour in one spot. The enforcement of that portion of the Arlington County Code prompted complaints from food truck owners who charge it unfairly targets them to protect brick-and-mortar restaurants. After receiving several fines, and paying them, Shil Goree decided to fight back. She hired the Washington, DC office of Gibson, Dunn, & Crutcher LLP and also sought help from the Institute for Justice, an Arlington law firm which has been supporting street vendors across the country in their fight against municipal ordinances they deem unfair or restrictive.

Shil Goree’s lawyers and the Institute, and the Food Truck Association of Metropolitan Washington, which has been fighting such regulations in the D.C. metro area (see “Vendor Wars: Trucks vs DC” in the November, 2012 Asian Fortune here), issued a victory statement blasting the law as vague and open to varying interpretations. “The law does not specify how far a food truck must move, only that it must “remain stopped for … no longer than sixty (60) minutes.” On three different occasions, three different Arlington officials gave Seoul Food three different explanations of how far their truck must move to comply with the law. Most recently, Shil [Goree] moved the truck within the 60-minute period, but Arlington police still cited her because the officer felt that Seoul Food had not moved “far enough,” the statement declared.

“This case highlights the absurdity of treating what amounts to a parking violation as a crime on par with assault,” said Doug Povich, Chairman of the Food Truck Association of Metropolitan Washington.

“We have had good discussions with the Arlington Economic Board and County Board of Supervisors to revise a law that just doesn’t make sense,” Povich said. “The Food Truck Association hopes to work with the County in the months ahead to craft a food-truck law that serves the County’ residents and workers and keeps food trucks as a vibrant part of Arlington’s business community and streetscape.”

There is no word from County prosecutors on their plans for future enforcement of the rule. In the meantime, Seoul Food’s kimchi, tuna maki rolls with sesame leaves, donburi and bibimbap will be back on Arlington’s streets.

Hyun “Anna” Shil Goree details her interactions with police at Facebook