The city of Ames has decided it will not require mobile food vendors to provide restroom facilities for its customers, following a district judge’s ruling earlier this month.

“I think this is the end of the issue,” said John Klaus, city attorney.

Judge William Pattinson’s July 1 ruling stemmed from a controversy over the city’s responsibilities in regulating the restroom facilities available for customers of City Councilman Matthew Goodman’s Smiles & Gyros food stand on Welch Avenue.

In November 2002, Jimmy John’s Gourmet Sandwiches owner S. Ahmed Merchant submitted a formal complaint to the city about Goodman’s stand, saying Goodman’s customers constantly brought food from the vending stand into his store and used his store’s bathrooms. He claimed Goodman was in violation of Section 137F.14 of the Iowa Code, which states all food establishments need to “provide toilet and lavatory facilities in accordance with the rules adopted by the department [of inspections and appeals].”

The city then determined in February 2003 that Goodman needed to provide some sort of restroom facility because, according to Iowa Department of Inspections and Appeals rules, mobile food vendors may operate as long there are an adequate number of approved toilet facilities available in the area. However, after being advised by a department chief that the rule had only been historically interpreted as pertaining only to mass gatherings, the city petitioned the department to issue an order stating whether a mobile food unit operating on a city street was required to provide toilet and hand-washing facilities.

David Werning, Iowa Department of Inspections and Appeals public information officer, said the city of Ames didn’t need the department’s opinion because the city’s health department has authority through the state department to issue food establishment licenses to vendors like Goodman. Therefore, he said, the department refused to issue an order.

“By its very nature, a mobile food stand does not have a restroom. Unless it’s a mass gathering like a state fair, where the organizer of the event would be responsible for having restrooms available, vendors don’t have the responsibility to provide one,” he said. “It doesn’t require an action on the part of the state to redefine the answer for them. We did not want to issue a declaratory ruling that would impact every vendor statewide.”

Judge Pattinson agreed with the department’s decision in his recent ruling.

“Being the regulatory authority, the City interprets and enforces the rules within its borders and it is totally irrelevant whether the Department historically viewed the rule regarding on-site lavatories in a more lenient fashion,” Pattinson wrote.

Goodman was unavailable for comment for this article.