LMP Services, Inc. v. City of Chicago

Illinois Supreme Court
Civil Court
Ordinances
Citation
Case Number: 
2019 IL 123123
Decision Date: 
Thursday, May 23, 2019
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court affirmed.
Justice: 
BURKE

Plaintiff filed complaint alleging that portions of city ordinance, prohibiting food trucks from parking within 200 feet of the entrance of a ground-floor restaurant and requiring food truck owners to permanently install a GPS device on their vehicles, are constitutionally invalid. City has a legitimate governmental interest in encouraging long-term stability and economic growth of its neighborhoods and ordinance helps promote brick-and-mortar restaurants, which is rationally related to this legitimate interest. The GPS requirement does not effect a search of food truck, and does not require food trucks to make the location data transmitted to their service provider accessible to the public.  It provides City with a means of obtaining a food truck's location to effectuate inspections. City has a legitimate interest in having a reliable means of locating a food truck in the event of a public health emergency. (KARMEIER, THOMAS, KILBRIDE, GARMAN, THEIS, and NEVILLE, concurring.)