LMP Services, Inc v. The City of Chicago

Illinois Appellate Court
Civil Court
Ordinances
Citation
Case Number: 
2017 IL App (1st) 163390
Decision Date: 
Monday, December 18, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
HARRIS

Plaintiff filed suit for declaratory and injunctive relief against 2 sections of an ordinance passed by City which pertain to operation of mobile food vehicles within Chicago. Plaintiff failed to show that provision prohibiting food trucks from locating within 200 feet of principal customer entrance of a street-level restaurant is arbitrary and unreasonable as having no relation to City’s authority to promote its general welfare. Provision requiring that food trucks must be equipped with GPS that sends real-time data to any service with a publicly accessible application programming interface is not a warrantless search in violation of Illinois Constitution or 4th amendment to U.S. Constitution, because City did not physically trespass on Plaintiff’s property. (PIERCE and MIKVA, concurring.)