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Haitian food truck owners sue Eastern Shore councilman & town, allege harassment

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Posted at 5:49 PM, Jan 24, 2024
and last updated 2024-01-24 18:01:49-05

PARKSLEY, Va. — To serve a growing Haitian population on the Eastern Shore, Theslet Benoir and Clemene Bastien opened a grocery store in 2019, and in June 2023, they opened a food truck right next to it.

Soon after, the Haitian immigrants say they began feeling unwelcome.

"I feel a wound," said Bastien through a translator this week outside of the Norfolk Federal Courthouse. "I feel a deep wound and I don't know when this wound will ever heal."

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The two are now suing the Town of Parksley and Town Councilman Henry Nicholson because they say their constitutional rights were violated.

They say Nicholson began harassing them shortly after opening the food truck because he was worried the truck would hurt the business of existing restaurants, including an incident where they say he tried to block a delivery truck from reaching them.

"When Clemene confronted him, he told her to go back to her own country," attorney Dylan Moore with the law firm Institute for Justice said.

Then in October, the town council voted to ban permanent food trucks.

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At first, the couple thought they could keep their food truck open until May, when their business license expires, but then they say they received a letter in November from the Town Attorney telling them they could face criminal charges for operating the truck.

Since then, it's been closed.

"They did lots of things against me and my operation," said Bastian. "It would take the whole day to explain to you."

Their lawsuit seeks damages from the Town and Nicholson, and they want the court to rule their rights have been violated.

News 3 tried to get a response from town officials, including the Town Attorney and mayor who did not respond.

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Nicholson told News 3 he had no comment.

During October's meeting when the food trucks were banned, Mayor Frank Russell said the owners had illegally connected the food truck to the Town septic supply, and dumped water and grease, according to Town Council minutes.

The owners said Tuesday they had complied with everything that's been requested of them.

"I know that justice will come," said Bastian. "I don't know how long it will take, and I don't know how long it will take for my scars to heal, but I know that one day both will come."