Owners win city hall food fight over Jacksonville’s sign restrictions

JACKSONVILLE, N.C. (WITN) - After a 2-1/2 year fight, Jacksonville food truck operators have achieved a legal victory against the city’s sign regulations.

In a ruling yesterday, an Onslow County Superior Court judge granted a temporary injunction against the signage restrictions that Jacksonville imposes on food trucks.

The food truck owners sued the city in December of 2022.

According to a press release, as a result, food truck owners will no longer need to follow the city’s food truck signage restrictions for the remainder of the lawsuit and can instead follow Jacksonville’s general sign code.

Attorneys for the food truck operators say this will allow the trucks to use 15-foot “feathered signs”, as well as electronic signs on the side of their trucks. Both of which are commonly used by food trucks in other cities, as well as by Jacksonville business owners.

Before the injunction, food trucks were limited to one 5x5-foot A-frame sign, which had to be within 20 feet of the truck, and electronic signage was not allowed.

“The government is not allowed to restrict speech just because the officials do not want food trucks to compete with their friends’ restaurants,” said Robert Fellner, attorney for the owners. “These laws don’t just hurt food truck owners like Tony, but they also make Jacksonville’s roads more dangerous by making it harder for drivers to find what they are looking for.”

Fellner says under Jacksonville’s rules, food trucks were effectively banned in 96% of the city. After an initial dismissal by a District Court, the North Carolina Court of Appeals allowed the owners to continue the lawsuit.

“Sign codes can make or break my business,” said Tony Proctor, food truck owner. “This injunction will be a huge help. But there’s still work to be done, and I look forward to working with the Institute for Justice to see the rest of this case through.”

Jacksonville says, despite the injunction, the lawsuit will continue.

“In regard to the lawsuit being brought against the city, we will continue to defend that lawsuit and comply with the orders of this judge and other orders,” says City Attorney Lorna Welch.