Houston taco truck owners sue over new regulations

Wednesday, September 12, 2007

(9/12/07 - HOUSTON) -- More than 60 Hispanic taco truck owners have filed a lawsuit claiming state legislation setting up stricter rules for mobile food vendors is motivated by racial bias more than food safety.

The two new state laws, which apply to Houston and surrounding Harris County, include daily inspections of mobile food vendors and the display of a property owners' notarized permission to operate on a site.

The Houston City Council was scheduled to vote Wednesday on incorporating the new laws into existing city health regulations. Attorney David Mestemaker said there haven't been any reports of people getting sick from eating at taco wagons.

"Certain legislators don't like these Hispanic-run businesses in their neighborhoods -- they think they're too low class," said Mestemaker, who is representing the taco truck owners in their federal lawsuit against the city, county and state.

State Rep. Dwayne Bohac, co-author the legislation, said the new laws have nothing to do with race.

"It all goes back to consumer protection, and public health and safety, and nothing else," said Bohac, R-Houston, who co-authored the laws with Rep. Kevin Bailey, D-Houston.

U.S. District Judge Nancy Atlas last week rejected the vendors' request for an injunction to block the new state laws, but the lawsuit was not dismissed.

Under the new laws, mobile food units must be inspected for cleanliness every 24 hours at a commissary and they must provide access to bathrooms with hot water and a flushable toilet within 500 feet of the business. The law also mandates that wastewater and kitchen grease be properly disposed.

Socorro Tapia, who owns a taco stand outside the city, said he would lose three to four hours of business a day if the rules are passed.

"That means, we would lose the money we're supposed to take home, what we make in profits," he said.

Officials said Houston ordinances already require daily inspections but they're often ignored.

Council member Toni Lawrence, a supporter of the tougher requirements, said the city's daily inspections have been lax, with some vendors able to obtain receipts for inspections that never happened.

"We're not trying to run anybody out of business," Lawrence said. "I don't think anything in this ordinance is unreasonable." Harris County health officials estimated there are 600 mobile food units operating in unincorporated areas of the county. Houston officials said another 400 operate in the city.

Council member Carol Alvarado said she's leaning toward supporting the ordinance but she wants to ensure the regulations aren't targeted only at Hispanic food vendors.

"In a way, it's going after Latino-owned mobile food vendors, and it seems like it's been focused on taco trucks," Alvarado said.

If passed, the new city rules are not expected to be enforced until December. The earliest the county would begin enforcing the new regulations would be November.

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