A federal judge has ruled that a Virginia town and one of its councilmen violated the Constitution after an elected official took a very hands-on approach to food truck regulation, specifically by cutting the water supply pipe connected to a Haitian-owned food truck in Parksley, Virginia.
Theslet Benoir and Clemene Bastien opened Eben-Ezer Food Truck in 2023, bringing Haitian cuisine to the Eastern Shore and filling a genuine gap in the community. What followed was a masterclass in how not to behave as a public official.
When “Local Government” Gets Too Personal
Town councilman Henry Nicholson, apparently deciding that competition in the local food scene was a threat worth addressing personally, allegedly showed up on the couple’s property and cut a pipe connected to their truck. The move spoiled over $1,000 worth of food. He also accused them of dumping grease, which turned out to be water from a burst town pipe that had nothing to do with the food truck at all. He then returned the next day to block a grocery delivery and reportedly told the owners to “go back to your own country.”
That is not zoning enforcement. That is just a bad day for everyone involved, including apparently the Constitution.
Qualified Immunity Won’t Save You From This One
Federal Judge Arenda Wright Allen ruled that Nicholson does not get the shield of qualified immunity here, meaning he is personally on the hook. The town itself is also liable under what is known as Monell liability, which holds municipalities responsible when their officials act unconstitutionally.
The Institute for Justice, which represented the couple, made clear this ruling sends a message: elected officials cannot weaponize their position to run people they dislike out of business.
Clemene put it simply: “I am very happy that this will set an example for all hardworking food truck owners.”
Damages have not yet been determined, but the liability question is settled. The food truck won. The pipe-cutting did not.