ISMAIL V. CITY OF MILWAUKEE

Case Name: Ismail v. City of Milwaukee

Type of Case: Economic Freedom

Court: Milwaukee County Circuit Court

Case Number: 2026CV004397

Filed On: May 7, 2026

Current Status: Our injunction has been granted and the law is blocked while litigation proceeds.

On behalf of a Milwaukee food truck owner, WILL filed a lawsuit seeking to block a newly approved food truck curfew. The City of Milwaukee ordinance bans food trucks after 10:00 p.m. in the downtown area and after 11:00 p.m. near Burnham Park.

Meet the Client

Plaintiff Abdallah Ismail owns and operates Fatty Patty, which serves gourmet, made-to-order burgers across five locations in the greater Milwaukee area. One of those locations is a food truck on Water Street. With lower barriers to entry than traditional brick-and-mortar restaurants and more flexibility to go to where customers are, the food truck business offers an attractive option for individuals looking to share their specialty cuisine with their communities and to serve a diverse clientele.

Background

The stated rationale for the ordinance is that food trucks are to blame for downtown Milwaukee’s violent crime problem. Using food trucks as a scapegoat is a thinly veiled pretext for economic protectionism. The ordinance author and one of its main public sponsors both revealed their true intention, which is the protection of brick-and-mortar restaurants from competition. That is an illegitimate reason to interfere with food truck owners’ right to earn a living.

Primary Legal Arguments

• The Ordinance violates Article I, Section 1 of the Wisconsin Constitution by interfering with Mr. Ismail’s right to earn a living.
• The Ordinance violates Article I, Section 1 of the Wisconsin Constitution by arbitrarily treating food trucks on Water Street differently than bars and restaurants on Water Street, thereby denying them equal protection under the law.

Lawyers

Kirsten Atanasoff, Associate Counsel

CASE DOCUMENTS

• Complaint, May 2026
• Motion in Support of Temporary Restraining Order, May 2026
• Temporary Restraining Order Granted, May 8, 2026
• Judge’s Decision and Order, June 2026