Appleton withdraws proposal to stop downtown food trucks from operating after midnight

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Appleton withdraws proposal to stop downtown food trucks from operating after midnight
APPLETON — An ordinance change that would have required food trucks in the central business district to end service at midnight, instead of 4 a.m., in attempt to curb downtown violence has been withdrawn after pushback from the community.

“We plan to enforce the existing ordinances related to street and sidewalk vendors,” Public Works Director Danielle Block told the Municipal Services Committee. “This, coupled with enhancements to the lighting (previously approved by the committee) will assist with our downtown atmosphere.”

In February, Appleton officials proposed a series of measures designed to improve the safety of the community in the wake of two fatal shootings.

The first occurred Dec. 24 near a taco truck in the 100 block of South Walnut Street, where Elijah Dodson, 22, of Milwaukee was shot in the back of his head. The second occurred Jan. 23 at Maritime Tavern, 336 W. Wisconsin Ave., where Derk Brachmann, 41, of Manitowoc was shot by Appleton police officer Yeeleng Thor after Brachmann fired at Thor.

At the top of the list of safety measures was the recommendation to cut off food-truck service at midnight to reduce gatherings at bar close.

Polly Olson will become Appleton police chief Jan. 4.
Polly Olson will become Appleton police chief Jan. 4.

Upon further review, though, city officials think Appleton’s existing street vendor ordinance has the teeth to increase safety.

“We know in the 400 and 500 blocks of West College Avenue, where we have our ride-share pickup already, having a food truck parked adjacent on a side street is causing issues,” Police Chief Polly Olson said. “It was missed, quite frankly, in looking at the ordinance that piece about having to be off of the side streets on College Avenue after 9 o’clock.

“We just didn’t see it the first several times we kind of scoured the ordinance. That was an oversight on staff’s part.”

Olson said police reserve the right to come back with proposals if they don’t see a marked improvement downtown.

Input from community was ‘massively against this’

When the reduced hours for food trucks first were discussed at committee, elected officials questioned whether the change would create more problems than it would solve.

“We’ve historically always been very careful about taking action that takes business away from business owners,” Common Council member Vered Meltzer said.

Council member Alex Schultz said the focus of the ordinance change was misplaced.

“The problem is not necessarily about the massing after bar, it’s about establishments not taking responsibility for overserving,” he said.

Council member Denise Fenton questioned whether the change would lead to more incidents of drunken driving, given that people might drive to purchase food elsewhere.

She characterized the feedback from the community as being “massively against this.”

Kyle Fritz, president of the Fox Valley Food Truck Association, said food trucks in downtown Appleton make their money at bar close. It wouldn’t be worthwhile for them if they had to shut down at midnight, he said.

Two other safety measures remain in play

Two additional safety measures were recommended by city staff in February.

The first — using $15,000 of federal aid to add lighting in the Walnut Street corridor north and south of College Avenue to enhance visibility and deter criminal activity — is poised for council approval.

The second — requiring establishments with a Class B liquor license to install security cameras at customer entrances and exits and to turn over video to police within eight hours of a request — is more controversial and is pending in committee.

Council member Sheri Hartzheim said requiring businesses to have security cameras “feels like a bridge too far as far as liberties and business ownership.”

“Businesses should be able to choose how they’re going to operate,” she said.

Appleton resident Ria Di Peeples said the proposal was reactionary in nature and “would have pretty deep ramifications on the safety, civil liberties and privacy of Appleton businesses and community members.”

Contact Duke Behnke at 920-993-7176 or dbehnke@gannett.com. Follow him on Twitter at @DukeBehnke.

This article originally appeared on Appleton Post-Crescent: Appleton withdraws proposal to cut back hours of downtown food trucks



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