Area food trucks may be in Limbo as winter approaches... (10-27-11)

Area food trucks may be in limbo as winter approaches…

This past Tuesday the Buffalo Common Council once again opened the floor to the ongoing Food Truck debate and 45 minutes later, the sides were no closer to a badly needed resolution. The council apparently wanted no part of making the hard decisions or helping to bridge the gap for the two groups when they tabled the debate for at least another month. In September the council heard both sides of the argument and ended that public hearing by creating a special panel consisting of 3 people representing the newly formed Food Truck Association and 3 from the side representing the Brick and Mortar restaurants opposed to the potentially free roaming trucks. They were given 30 days to try to reach a middle ground and draft fair legislation that the council could vote on. Needless to say the food trucks would love clarification on where they can and cannot go. The current cautiously restrictive atmosphere with no rules favors the brick and mortars although the fact that they have made such a stink about the trucks shows they are afraid of them and want to nip them before they are numerous and widespread over the area. The council hoped the two sides could come up with something they could simply vote on and sign but I think everyone but the council knew it was not going to be that easy.

The council tried to pass the responsibility to the parties involved to find the answer instead of coming up with one themselves and this has only delayed the process which hurts the food truck side more than the B&Ms. The increasing passion displayed by both parties is making it very difficult for the two sides to work together and compromise their way to fair legislation and recent events suggest it would seem one side is a little more interested in finding that resolution than the other. The food trucks have been on record since day one asking for fair legislation so that they and the brick and mortars could finally know what the rules are and conduct business accordingly. This process began months ago as the elder statesmen of the Buffalo food truck scene, Lloyd Taco Trucks (who have been in service well over a year now) worked last April to draft legislation with North district council member  Joseph Golombek that has basically been forgotten at this point. What do brick and mortars really have to gain by coming to the table and working this thing out? They like how things are now whereby the trucks are limited and cannot move around freely. They want the food trucks on short leashes. The B&Ms have no incentive to want fair legislation. This idea of a panel was doomed from the start and seems like the council’s way of avoiding doing the work and making the tough decisions they would have to make to get this done. So when I heard that the two parties could not reach an agreement after the 30 days I was not surprised.

This is how it works: When the food truck side brings over any ideas the other side screams about how it’s not fair and holds it up without offering any ideas of their own and if by chance they do, they’ll be unreasonable ideas at best, again wasting everyone’s time and insuring nothing will get done making this dynamic eerily similar to the dynamic going on in Washington and in cities all over the country right now. One side wants it fair for all and the other side doesn’t want to give an inch or let anybody join their club. To me this food truck squabble reflects the growing fights in this country between the rich and poor, democrats and republicans and the occupiers camped out in every major city. One group wants to work to fix a problem and the other group won’t take their calls.   

Reports indicate that the good faith discussions went south just days before the Council’s mandated 30 day period were up and broke down into a yelling match between the two sides. All over the country battles are being waged by protectionist factions seeking the status quo and these upstart mobile vendors who just want a fair chance to compete in the marketplace. In some cities great strides are being made and happy consumers are reaping the delicious results while in other places food trucks are forced into being rogue outlaw type vendors despite the public love and demand for them.

It’s well documented all over this country, people WANT food trucks. The food is often times cheaper, fresher, healthier and arguably tastier than their B&M counterparts. Businesses like brick and mortar restaurants who pay large chunks in property taxes and who are subject to fees and regulations they claim the food trucks do not, have the ears of their local politicians. Money talks. But do the food trucks have an unfair advantage over the brick and mortar restaurants? Just because they both serve food, that doesn’t make them easy to compare. In fact, some would tell you that comparing the two is akin to comparing apples and oranges, that is, related but not the same.

Food trucks are mobile and this means they can tap into customer bases all over an area, at least in theory. As for now in Buffalo, the trucks can only appear on private property by invitation or in a designated public location if they obtain the proper permit. Lloyd has maintained a regular home at Main and Mohawk through the use of such a permit. Most of the major pedestrian areas of Buffalo have been closed to the trucks. Any attempt to vend in one of them results in someone calling the police, complaining and asking for action. This happens despite the fact the trucks are not breaking any laws (none exist), they get asked to leave which in the few instances when it has happened, the trucks have complied, again despite not doing anything technically wrong.

Brick and mortars talk about how the food trucks have an unfair advantage. I just don’t see it, especially as the weather turns for the next 5-6 months. Even today on my way in I saw the Whole Hog at Millard Fillmore hospital and there were no lines. People don’t want to stand in the cold for a sizable amount of time with no warm place to sit and eat unless they are lucky enough to work or live next to where the truck is located that day and even then it’s still a matter of wanting to brave the elements to wait for the food. That’s certainly going to discourage a fair amount of people from patronizing the trucks in the winter. These trucks have service windows but not a drive thru one. As a reaction to this, some trucks are informing customers they can call ahead and order but that is still thought of as more work than going through a drive-thru, stopping somewhere warm for fast food or even having lunch delivered. When it gets cold, I say advantage restaurants with their warm seating, restrooms and ability to offer customers more than just a nice meal.

It’s more than a seasonal disadvantage. Since the trucks move around often and use social media and websites to update their status sometimes with only a few hours notice, many people don’t even know when a truck is in the neighborhood or at or near their workplace. Plus there are others who simply can’t get there. Take me for instance as someone who often bikes to work. It’s not easy to go half way across town on a 30 or even 60 minute lunch break to get food. People like me will often frequent places close by due to time and travel restraints. If a truck happens to be close by, that’s great, I have another choice but I can count the number of times a food truck has been near my work on one hand. Yes they can offer fresher, cheaper, healthier and possibly even better tasting options than many restaurants but should that make them that serious a threat? Some people want food truck food for the taste, the cost or the novelty but many people still want to sit and dine and enjoy the comforts of a restaurant. There is room for both, especially in places like Buffalo where any trip out to people watch will quickly and easily demonstrate how much we love to eat.  

This “fight” shouldn’t even be happening. How is this really different from what goes on in America daily? It’s called competition. We see it all the time. Starbucks had no problem moving 2 buildings down from Caffe Aroma on Elmwood several years ago. Where was the proximity rule then? Where was the group of local businesspeople fighting for a local businesses’ right to exist without potential corporate domination? When Jim’s Steakout started serving tacos, where was all the public distain from Elmwood Taco and Sub? I mean, they are right across the street from each other. How could they do such a thing? These B&Ms would have you believe that these trucks are so dangerous to the local economy because they’ll close restaurants. They’ll try to make people afraid of them because they are easy to run and operate and they’ll overrun us all!  If they are so easy to start, why doesn’t every one of these restaurants have a truck of their own already or one on the way? It’s because these trucks are not easy to run or operate. Many of these brash entrepreneurs have gambled a great deal on these trucks. Some have returned home after decades away to pursue a dream. Others have gone out on their own to start their first business. They should not be denied the right to do so because the people who already have seats at the table don’t want any company. This is America where people can start businesses and chase dreams, where competition is king and choice is the consumer’s right.   

Restaurants open right next to other restaurants all the time. It’s a fact of life. To this day the intersection of Delaware and Sheridan features a McDonald’s and a Burger King kitty corner from one another and has for over a decade. Would one prefer that the other wasn’t there, of course but competition and innovation are two cornerstones of the business world. So there’s a new kid in town with better food and prices… tough, suck it up. Do what you did when your nearest competitor opened down or across the street from you. Make your product better, advertise well and win people back with your product and service. This is just one man’s opinion but if ETS or Jim’s had a better burrito or taco than Lloyd Taco Trucks, I would have continued to eat there, however they don’t, it’s not close and I think Lloyd has one of the best burritos in the city, if not the best. I think The Roaming Buffalo has one of the best burgers. I also love the pulled pork, greens and sides at The Whole Hog and R & R BBQ. I go to them because they are better. To use a bit of street slang, I find this whole situation to be player-hating of the highest order. To date, no restaurant has gone out of business because of a food truck but maybe some of them should if they can’t step up their game and keep up with the times. Why can’t any brick and mortar get a food truck of their own? I heard a rumor that The Place on Lexington is doing just that. Good for them. It will expand their business and customer base and they can reach out to people who never heard of them or knew of their whereabouts. It’s smart business.        

The restaurants know that winter is the toughest time of the year for the food trucks, especially in colder climates like this one. This long cold winter with no legislation could potentially cost the Buffalo area a few trucks and possibly more of the aspiring ones who sit on the sidelines waiting to see what the council will do before they dive completely in. With the economy how it is and how it has been in this area for decades, the high taxes, the abnormally high gas prices and living in an economically recessed area like this one which some might say is about 50 years past it’s prime, you would think lawmakers would want to encourage new business and actually I dunno, do their job and make laws that help to raise this area back up again.

As a lifelong Buffaloian I can tell you my love for this city runs deep and despite the lack of jobs and opportunities, I still think of Buffalo as a great place to live. A big part of the reason I do is the quality of life here. For most of us the quality of life is largely broken down into nature, sports and then arts and culture. Right now the sports are doing fine and we’re all better for it… anyone who thinks otherwise need only to check the office mood the morning after a Bills game. But the other side of it, the arts and culture side has been under siege by a hopefully soon to be leaving county executive who doesn’t think arts and culture funding is fiscally responsible and a common council afraid to act and give the people what they want.

At this week’s hearing The Director of Activism and Coalitions for the nationally known Institute for Justice, Christina Walsh flew up here on her own dime to talk to the council about the importance of passing legislation for the trucks and making Buffalo a trendsetter at the lead of the movement. She also set the record straight discussing the misconceptions about food trucks and backed it up with numbers and facts. From what I understand she dazzled those in attendance with facts and logic. I guess that kind of language scared and/or confused the council. At the September public hearing the Food Truck Association presented the council with a petition that had over 5,000 signatures collected in mere days in support of the food trucks. Such passionate support for such a new enterprise can only attest to the growing and continued popularity of these trucks. It’s time to put up or shut up Buffalo. We want them, give them to us!   

Put something together and TRY it. Find out what works and what doesn’t. Draft some short term legislation and let’s find out what’s fair and what isn’t. Let’s see what happens and then we can tweak it to make it better but DO something! The food trucks have been fighting the bureaucracy of the politicians and the stall tactics of the brick and mortars for over a year now with no end in sight. They have petitions, online fans in the thousands and even national advocates for freedom speaking on their behalf. What they don’t have is legislation. This is a critical point in the process. Some of the trucks may not make it through the winter or be forced to relocate to a city more inviting than Buffalo has been so far. Imagine that… a Buffalo rooted food truck thriving in another city because Buffalo didn’t want them! It’s time for the common council to sit down with both sides and get this thing done. The people want long overdue action. Forgive me if I’m not too confident in the council to act but this week’s inaction by putting the issue aside only strengthens the long standing cynical belief among many citizens that City Hall is the place where good ideas go to die. Let’s change that long standing cynicism and transform City Hall from graveyard to the institution we all hoped it could be. Buffalo Common Council the ball is your court. The people have spoken. Get it done!