LMP Services, Inc. v. The City of Chicago

This case presents question as to whether trial court properly granted defendant-City’s motion for summary judgment in plaintiff-mobile food truck’s challenge to two ordinances requiring plaintiff to locate itself beyond 200 feet of principal customer entrance of any “brick and mortar” restaurant located at street level and be equipped with Global Positioning System (GPS) device that sends real-time data to any service that had publicly accessible application programming interface. While plaintiff asserted that 200-foot rule violated notions of due process and equal protection and improperly promoted monopoly, Ct. of Appeals, in affirming trial court, found that 200-foot requirement set forth in ordinance was rational since defendant had critical interest in maintaining thriving food service industry of which brick-and-mortar restaurants are essential part. Ct. further rejected plaintiff’s claim that GPA device requirement constituted impermissible search under 4^th Amendment, since attachment of GPS device to food truck did not constitute search pursuant to Jones, 565 U.S. 400. Moreover, requirement that entity maintain electronic records as to its operational location was proper condition of doing business from city street.