Haitian food truck owners are suing City Councilman Parksley.say your constitutional rights have been violated

NORFOLK, Va. (WAVY) – Two Haitian immigrants who run a food truck in the East Coast town of Parksley are suing the town and town councilors, accusing them of violating their constitutional rights through harassment and retaliation, including threats of jail time. ing. time.

Zasre Benoir and Clemen Bastien, who moved to Shoah from Haiti in 2005 after receiving asylum. filed a lawsuit It took place earlier this week in Norfolk federal court. Town councilor Henry Nicholson is at the center of the lawsuit, being sued both personally and in his official capacity as a council member.

According to the complaint, Nicholson’s actions began after the couple opened the town’s first food truck, Ebenezer Haiti Food Truck LLC, on Bennett Street in June 2023. The store is located next door to a brick-and-mortar Haitian food market that the couple opened a few years later. I worked at a local poultry farm for many years.

According to the complaint, Nicholson came in on June 16, 2023, to complain about how the food truck was competing with local businesses.

Nicholson returned later that day and things escalated further. They claimed oil and grease dumped from the couple’s truck caused a nearby pipe to burst. He entered the couple’s property and severed the truck’s water line, causing about $1,300 in damage and spoiled food, according to the complaint.

“It’s true that a pipe burst at some point, but it had nothing to do with the customer’s food truck,” said Justin Pearson of the nonprofit law firm Institute for Justice. It wasn’t severed,” he said. That’s what brought this case up. He said the couple used local contractors to pump out the waste. shared receipt This negates the town’s claims.

“Earlier that same day, Councilman Nicholson was yelling at Tessle and Cremaine over there for competing with a nearby restaurant, so later that same day he had to cut the water pipes. This idea that it’s a coincidence is a bit far-fetched.”

“Not only that, but if the government had to cut water pipes, Councilor Nicholson is not the person to do it,” Pearson added. “The government that has jurisdiction over the sewer system is the Accomack County Health Department, but later that same day the water line was cut, they told my client that the water line should not have been cut. can come up with any excuse, but unfortunately it’s because they didn’t want to compete with restaurants and frankly didn’t like the fact that my customers were from Haiti.”

The next day, Nicholson reappeared and tried to stop food from being delivered to the truck by parking the truck in the way, falsely claiming the couple didn’t have documentation to drive the truck, the complaint said. There is.

When confronted, he yelled at Bastian to “go home.” [her] It’s my country,” Pearson says in front of several witnesses.

Nicholson will continue to help. Pass food truck ban in Park Three in October 2023. Mayor Frank Russell at the time The town announced it would not enforce the ban until May 2024, when Benoir and Bastien’s licenses expire.. Pearson and his team have documentation showing the couple paid a $30 license fee, but it lists the name of the kitchen truck, not the brick-and-mortar store.

But after the Institute of Justice; sent a letter to the town On Nov. 2, the town requested a change in policy but withdrew the ban. But instead of allowing the couple’s food truck to operate, “a new interpretation of the zoning code was discovered, and Parksley further reinforced its new position that food trucks were never allowed under the zoning code.” ”, which was clear retaliation for the couple’s consultation. Pearson said he and his team have consulted with lawyers.

“All of a sudden they decided they had a new position to take that was completely different from what they had been saying before,” Pearson said.

After this change, the town attorney’s letter claims the couple is committing a misdemeanor for each day they operate their food truck, and each violation could result in 30 days in jail and a $250 per day fine. It was sent.

Pearson’s team said the couple’s market is open, but the kitchen truck will remain closed in the meantime as they work with the town to obtain a special use permit, adding, “We are not sure whether to approve or deny it. The town council has complete discretion.”

“We would need to accomplish the impossible feat of obtaining written approval from every business owner within 500 feet of the food truck, including Councilman Nicholson.”

The lawsuit seeks nominal damages, including spoiled food, damaged water pipes and lost income from truck closures. They are also seeking an injunction that would force the town to change its stated position in response to the Nov. 2 letter and allow it to reopen.

Pearson said Benoir and Bastien just wanted to run their business without fear of retaliation, and that was the case before the lawsuit.

Pearson said of other members of the local Haitian American community, “They were not the first victims of Rep. Nicholson’s abuse. Many of the other victims stood up for themselves. I’ve been supporting Cremen.”

WAVY has contacted Mr Nicholson and Parksley Mayor Frank Russell. Nicholson had no comment, and Russell referred him to the law firm the town has hired, Pender & Coward of Virginia Beach. They shared the following statement with WAVY.

“We are contracted to represent the Town of Parksley and Councilman Nicholson. Our initial investigation reveals that many of the factual allegations in the complaint are simply not true. This food truck did not have all permits required by county and town ordinances. These violations existed both before and after the aforementioned “Food Truck Ordinance”, which was repealed a month later. did. Although the plaintiffs were advised of the process to follow to obtain the appropriate permits, they chose to litigate instead. We expect to prevail if the evidence is presented in the proper manner in court. ”

Richard H. Matthews and Anne C. Lahren

In response, Pearson said: “We have all the documents. If you look at all the documents and evidence, it’s clear what happened. There are some members of Congress who think they can take the law into their own hands because of their position, and others who knew that Congressman Nicholson was out of control and encouraged him or turned a blind eye. There are council members and city officials…and Councilman Nicholson not only acted in a terrible, downright outrageous manner, but the way the town escalated this matter, this matter to the attorney’s letter is shocking. It’s horrifying.”

you can Read the full lawsuit here.