Federal Judge Rules Against Eastern Shore Town, Ex-Official in Food Truck Dispute

Parksley, Virginia officials violated food truck owners' rights, court finds

Apr. 1, 2026 at 12:05am

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A federal judge partially ruled in favor of a pair of Eastern Shore food truck operators, agreeing the town of Parksley and a former council member violated their Fourth Amendment rights and state law when they targeted the couple's food truck for closure.

Why it matters

This case highlights the ongoing tensions between local governments and mobile food vendors, as well as the importance of protecting the constitutional rights of small business owners, even those operating non-traditional enterprises like food trucks.

The details

In the ruling, U.S. District Judge Arenda Wright Allen agreed that the couple's Fourth Amendment rights were violated when former Town Council member Henry Nicholson confronted them and severed the food truck's water line, spoiling food and causing over $1,000 in damages. The judge also found that Nicholson violated Virginia trespassing law, and that the town of Parksley was liable for his actions.

  • In 2023, the couple encountered Nicholson several times, saying he intimidated them and even physically blocked a grocery delivery to their store with his car.
  • The town eventually sent the couple a letter stating that food trucks were not permitted by the town's zoning code, despite previously granting them a business license.
  • On Tuesday, March 31, 2026, U.S. District Judge Arenda Wright Allen issued the ruling partially in favor of the food truck owners.

The players

Theslet Benoir and Clemene Bastien

The owners of Eben-Ezer Haitian Food Truck, who sued the town of Parksley and former Town Council member Henry Nicholson for violating their constitutional rights.

Henry Nicholson

A former Parksley Town Council member who confronted the food truck owners and severed their water line, causing damage to their business.

Parksley Town Council

The local government entity that was found liable for Nicholson's actions through Monell liability.

Arenda Wright Allen

The U.S. District Judge who partially ruled in favor of the food truck owners, agreeing their Fourth Amendment rights were violated.

Institute for Justice

The national nonprofit law firm that assisted the food truck owners with the lawsuit, specializing in civil liberties cases.

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What they’re saying

“I am very happy that this will set an example for all hardworking food truck owners, so government officials won't mistreat them.”

— Clemene Bastien, Food Truck Owner

“Elected officials serve to represent the best interests of the locality and all of its residents and should be given latitude to exercise their judgment in doing so.”

— Anne Lahren and Richard Matthews, Attorneys Representing Nicholson and the Town

“Our client are not just fighting for themselves. They're fighting to make the world better for everyone.”

— Justin Pearson, Managing Attorney, Institute for Justice

What’s next

Judge Arenda Wright Allen is expected to decide on the monetary damages to be awarded to the food truck owners in the near future.

The takeaway

This ruling underscores the importance of protecting the rights of small business owners, even those operating non-traditional enterprises like food trucks, and sends a clear message that government officials cannot abuse their power to target and harass these entrepreneurs without consequence.