In this case, a family in Parksley, Virginia, ran into an onslaught of opposition to their food truck from their local government. This resulted in an October 2023 ordinance specifically banning food trucks. But in enacting this ordinance, the town committed to the plaintiffs that they could continue to operate their food truck until May 2024, when their business license expired.
Plaintiffs then dared to complain about the food-truck ban to the press. The mayor saw this as a “betrayal” and became “angry … for the media attention that depicted Parksley’s government in a negative light.” In direct response to plaintiffs’ protected speech, the mayor instructed the town attorney to renege on the town’s commitment and send plaintiffs a cease-and-desist letter requiring them to immediately shut down their business. As the town attorney was drafting the letter, he stumbled across a previously unknown catch-all zoning ordinance that prohibited anything not expressly permitted (including food trucks).