Philly Cheesesteak vs. French Dip
Should an outdoor vending cart be permitted to sell a Philly Cheesesteak when the nearby restaurant offers a French Dip? This was the key question presented for an evidentiary hearing before the Mountain Village Town Council in November 2023.Not since John Kerry’s 2004 presidential campaign tanked after he ordered a Cheesesteak “with Swiss” has such a political controversy rocked the world of Philadelphia-inspired sandwiches.
Skiing and Eating in Mountain Village
The Town of Mountain Village sits at 9,545 feet above sea level in the San Juan Mountains and includes the base area of Telluride Ski Resort. The Town owns several public plazas near the bottom of the ski lifts and offers licenses to local vendors. Among other things, the Town’s standards for vending licenses include diversity of food offerings and avoiding competition with local restaurants.
Grilled Cheese Sandwiches and Cheesesteak Controversy
A local business applied for a license to operate a vending cart selling grilled cheese sandwiches and also Philly Cheesesteaks. A nearby restaurant objected to the menu and argued that a Cheesesteak was too similar to the roast beef sandwich offered by the restaurant. The Town’s vending panel approved the license with a condition that Philly Cheesesteaks be removed from the menu. The vending cart owner appealed, and the Town Council held a public hearing to determine the result.
Town Council Hearing
After an hour of testimony and argument, the Town Council voted 5-1 to grant the appeal and allow Philly Cheesesteaks to be served from the vending cart for the 2023-2024 winter ski season. Key factors included a finding that a Philly Cheesesteak is not, in fact, the same thing as a French Dip. Both offerings should be available to the good citizens and patrons of Mountain Village. And for Mr. Kerry, please note that you can order it with Swiss too.
Garfield & Hecht’s shareholder David McConaughy serves as Town Attorney and assisted the Council with conducting the hearing and ensuring that both parties complied with the Town code and received due process of law as required by the Colorado and United States Constitutions.
Municipal Law in the Mountains
Whether your local government is facing a legal challenge over a multi-million dollar land use project, navigating the nuances of Colorado’s Open Meetings Laws and Open Records Act, or attending to the lunch offerings available between ski runs, we are here to help. In addition to Mountain Village, the firm currently serves as general counsel for Delta, Fruita, New Castle, and multiple special districts across Colorado. For more information on our municipal practice, please contact our Glenwood Springs Office at 970-947-1936.
