PARKSLEY, Va. — A federal judge ruled on Tuesday that a Virginia town and councilman violated the constitution after cutting a water pipe running to a food truck.
In January 2024, Theslet Benoir and Clemene Bastien, owners of the Eben-Ezer Food Truck, sued the town of Parksley after they said town councilman Henry Nicholson "repeatedly harassed" them, cut the pipe and told Theslet and Clemene to "go back to your own country," according to the owners.
The owners said the severed pipe caused more than $1,000 in food spoilage and damage.
“I am very happy that this will set an example for all hardworking food truck owners, so government officials won’t mistreat them,” said Clemene.“I am very emotional. I am happy in my heart.”
Federal Judge Arenda Wright Allen ruled that Nicholson is not protected by qualified immunity for his actions, meaning that he is personally liable, and the town is liable for Nicholson's actions under "Monell liability."
Watch previous coverage: Haitian food truck owners sue Eastern Shore councilman & town, allege harassment
“This ruling makes it clear that government officials cannot hide behind qualified immunity when they intentionally destroy an innocent person’s property for no reason other than a personal vendetta,” said IJ Managing Attorney Justin Pearson. “What Nicholson and the town did to our clients was not just wrong, but blatantly unconstitutional, and we’re glad Judge Allen agreed with us.”
The couple opened a grocery store in Parksley in 2019, and opened the town's first food truck in 2023 to serve the Haitian population on the Eastern Shore, but said they felt unwelcome after opening the food truck.
The owners said Nicholson was worried the truck would cut into the business of existing restaurants, and accused them of dumping grease — which was actually water from a burst town pipe unrelated to the couple and their food truck. Nicholson came onto their property and cut a pipe connected to the fod truck.
The next day, Nicholson returned and tried to block a delivery of new groceries and yelled "go back to your own country," according to Clemene and Theslet.
In October 2023, Nicholson convinced the town board to ban food trucks, but the town of Parksley promised the couple they could continued to operate their food truck until the permit expired.
The mayor of Parksley was angry after the owners spoke to reports, causing the town to send them a letter threatening them with 30 days in jail and $250 daily fines if they continued to operate their food truck, according to
Attorneys for the food truck owners said the judge will make a final decision on damages at a later date.
This is not a final judgement in the case, so no damages have been awarded, but the ruling says that the town and councilman to be liable.
Attorneys for the town and councilman have not responded to a request for comment.
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