Judge Issues Temporary Restraining Order on Food Truck Curfew

A Milwaukee County judge, Jean Kies, issued a temporary restraining order on May 8, 2026, blocking the city from enforcing a new food truck curfew. This curfew, approved unanimously by the Milwaukee Common Council in April and signed by Mayor Cavalier Johnson, would have required food trucks in downtown areas to shut down by 10 p.m. (instead of the current 1 a.m.) and those near Burnham Park by 11 p.m. The order came in response to a lawsuit filed by the Wisconsin Institute for Law & Liberty on behalf of food truck owner Abdallah Ismail, who argues the rule is unconstitutional. For now, food trucks can keep operating under the old rules until at least June 10.

This matters to Milwaukee residents because it keeps late-night food options available downtown, supporting small businesses and the vibrant street food scene that many enjoy after events, nightlife, or work shifts. Food truck owners say the curfew hurts their revenue during peak evening hours, potentially forcing closures or layoffs, while the city argues it's needed to reduce noise, litter, and safety issues in busy areas. Residents who rely on these affordable, diverse eats—think tacos, BBQ, or fusion bites—benefit from the status quo, but ongoing debates highlight tensions between supporting entrepreneurs and maintaining neighborhood peace.

Next, the city and the food truck owner will return to court on June 10, 2026, for a full hearing where both sides present evidence. The judge will decide whether to extend the block, make it permanent, or let the curfew go into effect. In the meantime, no enforcement happens, so food trucks stay open late. Watch for updates from the Milwaukee Common Council or court filings, and residents can voice opinions at public meetings if the issue reignites.